04.10.2008 CC Minutes
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MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING – APRIL 10, 2008
405 MUNICIPAL DR. – KENNEDALE MUNICIPAL BLDG.
Mayor, Bryan Lankhorst called the meeting to order at 5:30 p.m.
Members present: Mayor, Bryan Lankhorst; Mayor Pro-Tem, John Clark, Councilmember’s,
Brian Johnson, Jerry Miller, and Ronnie Nowell.
Members absent: Councilmember, David Green.
Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Wayne K. Olson, City
Attorney; Clifford Blackwell, III, Director of Finance; Larry Hoover, Code Enforcement Officer;
Tommy Williams, Chief of Police; Mike McMurray, Fire Chief; Jay Hinkle, Fire Marhsal; and
Mike Soab, Director of KEDC.
I.WORK SESSION
a. Status briefing on racetrack committee activities.
Bob Hart, City Manager briefed Council on recent racetrack committee activities,
and advised that racetrack owners had changed since previous meetings were held
in the year 2000.
Councilmember, Jerry Miller who is on the racetrack committee also provided an
update on sound readings and recommended solutions to help offset the noise.
b. Discuss Tarrant County Road projects.
Bob Hart, City Manager briefed Council on proposed Tarrant County Road
projects, which mainly focused on the widening of Bowman Springs Road and the
reconstruction of the bridge. Hart then reviewed future county road projects, which
Council ranked in priority to include Mansfield Cardinal, Eden Road from City
limits to Kennedale Parkway, Crestview, Eden Road from Kennedale Parkway to
Hudson Village Creek Road, and Swiney Hiett Road.
c. Discuss and review any item on the agenda, if needed.
Bob Hart, City Manager recommended consent agenda item b and e is pulled from
the agenda in their entirety.
Greg Saunders, Engineer with Teague, Nall and Perkins, addressed Council in
regards to consent agenda item c. Mr. Saunders recommended that bid award for
reconstruction of Pennsylvania Avenue is awarded to low bidder, McClendon
Construction.
No further comments, Mayor, Bryan Lankhorst recessed the meeting at 6:40 p.m.
II. REGULAR SESSION
Mayor, Bryan Lankhorst called regular session to order at 7:00 p.m.
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III. INVOCATION AND PLEDGE OF ALLEGIANCE
Doug Green, Chaplain with Ministry Marketplace Chaplains USA provided the
Invocation followed by the Pledge of Allegiance being recited.
IV. PRESENTATION/INTRODUCTION
Bob Hart, City Manager introduced newly hired Fire Chief, Michael McMurray.
V. VISITOR/CITIZENS FORUM
Pat Doescher, President of the Kennedale Chamber of Commerce announced upcoming
events for the months of April and May.
VI. REPORTS/ANNOUNCEMENTS
a. City Manager - No reports or announcements.
b. City Council
Councilmember, Jerry Miller advised that he had recently attended a Big Brothers
and Sisters Banquet, in which his daughter received an award for Parent of the
Year, and proposed Council Candidate Kelly Turner received an award for Big
Brother of the Year. Miller said Kennedale was represented very well at this event.
c. Mayor
Mayor, Bryan Lankhorst announced the sale of T-shirts recognizing the Kennedale
High School Boys State Champion Basketball Team and said anyone interested in
buying a shirt could contact the Kennedale I.S.D.
VII. CONSENT AGENDA
Bob Hart, City Manager recommended consent agenda items b and e be removed from
the agenda in their entirety.
a. Approval of minutes: Regular Meeting dated March 13, 2008.
b. Approval of Investment Report.
c. Review and consider bid award for street reconstruction for Pennsylvania Avenue.
d. Review and consider authorizing City Manager to execute Interlocal Agreement
with the City of Arlington for Police reporting at Wal-Mart.
e. Review and consider authorizing staff to submit a grant application through the
Texas Emissions Reduction Plan for the purchase of a replacement backhoe loader.
Mayor Pro-Tem, John Clark moved to approve consent agenda items a, c, and d,
second by Councilmember, Jerry Miller. Motion carried (4-0).
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VIII. REGULAR ITEMS
f. Public Hearing, Review and consider approval of Ordinance No. 393, P&Z Case
08-01, a request for a zone change of 23.84 acres consisting of Lot 3A, A. C. Bolen
Addition; Abstract, 1376, Tracts 13A06, and 13A09, David Strickland Survey;
Block 2, Lots 1A thru 4A, 5A2, and 1B1 thru 5B1, Swiney Estates in the City of
Kennedale, Tarrant County, Texas. The current zoning is “AG” (Agricultural) and
“R-1” (Single Family Residential). The proposed zoning is “PD” (Planned
Development). Requested by Monty Carpenter on behalf of Volunteers of
America.
Bob Hart, City Manager briefed Council on the application from Volunteers of
America.
Mike King, CEO and President of Volunteers of America addressed Council in
regards to the type of business Volunteers of America is, and the proposed use of
the new facility.
Monty Carpenter, Vice-Chief of Operations for Volunteers of America provided
Council with a power point presentation of the intended use of the property.
Mayor, Bryan Lankhorst then opened the public hearing for public comments. The
following persons addressed Council in opposition to P&Z Case 08-01.
Felipe Gutierrez, 402 Pennsylvania Avenue, Kennedale, TX; Jennifer Ramey, 601
Pennsylvania Avenue, Kennedale, TX; Martin Young, 402 Pennsylvania Avenue,
Kennedale, TX; Deb Jordan, 305 Pennsylvania Avenue, Kennedale, TX; Kay
Baldridge, 303 Pennsylvania Avenue, Kennedale, TX; Jeff Ramey, 601
Pennsylvania Avenue, Kennedale, TX; and Lisa Reed, 509 Pennsylvania Avenue,
Kennedale, TX.
Concerns addressed by individuals included no control over persons
entering/leaving facility, taxing of city and school resources, use not conducive to
city, no tax revenue, well being of children being exposed to the unknown, safety
of surrounding neighborhood, and perception of increased drug and crime rates
surrounding such facilities.
In addition, the following person registered against P&Z Case 08-01, but did not
address Council: Steve Moss, 313 Pennsylvania Avenue, Kennedale, TX.
Wayne Burgdorf, 1404 W. Mayfield, Arlington, TX (Real Estate Broker) for the
property advised Council that if Volunteers of America’s zone change was not
approved, then he had inquires of interest from two Churches that he would
consider selling the property to. Burgdorf advised if property was sold to a church,
no sales tax would be generated.
Steve Bush, 503 Coker Valley Drive, Kennedale, TX addressed Council in support
of the zone change and intended use of the property.
In addition, the following persons registered in favor of P&Z Case 08-01, but did
not address Council: Marty Rader, 310 Creekside Dr., Keller, TX 76248; and
Robert Himmel, 3610 Willow Creek, Midlothian, TX 76065.
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Councilmember, Ronnie Nowell moved to deny Ordinance No. 393, P&Z Case 08-
01 rezoning Lot 3A, A.C. Bolen Addition; Abstract 1376, Tracts 13A06 and
13A09, David Strickland Survey; Block 2, Lots 1A thru 4A, 5A2, and 1B1 thru
5B1, Swiney Estates to that of “PD” Planned Development. Motion second by
Mayor Pro-Tem, John Clark. Motion carried (4-0).
g. Public Hearing, Review and consider approval of P&Z Case 08-03, a request for a
re-plat of Lots 15 and 16, Block 7, Falcon Wood Estates Addition, Phase One in
the City of Kennedale, Tarrant County, Texas to that of Lot 15R, Block 7, Falcon
Wood Estates Addition, Phase One. Property is located at 1161 Falcon View
Drive, Kennedale, Texas. Requested by John E. and Margaret C. Watt.
No persons signed in to speak for or against P&Z Case 08-03. Mayor, Bryan
Lankhorst closed the public hearing at 8:40 p.m.
Mayor Pro-Tem, John Clark moved to approve P&Z Case 08-03, re-plat of Lot
15R, Block 7, Falcon Wood Estates Addition, Phase One. Motion second by
Councilmember, Ronnie Nowell. Motion carried (4-0).
h. Review and consider approval of Ordinance No. 394 renewing Ordinance No. 292
of the Kennedale Code of Ordinances, which established juvenile curfew
regulations.
Mayor, Bryan Lankhorst opened the meeting to the public to receive comments on
the proposed ordinance. No persons chose to speak for or against the proposed
ordinance. Public hearing closed at 8:43 p.m.
Councilmember, Ronnie Nowell moved to approve Ordinance No. 394 renewing
Ordinance No. 292, second by Councilmember, Brian Johnson. Motion carried (4-
0).
There being no further discussion, Mayor, Bryan Lankhorst recessed the meeting at
8:45 p.m. to enter into executive session.
IX. EXECUTIVE SESSION
a.The City Council will meet in closed session pursuant to Section 551.071 of the
Texas Government Code for consultation with the City Attorney pertaining to any
matter in which the duty of the City Attorney under the Texas Disciplinary Rules
of Professional Conduct may conflict with the Open Meetings Act, including
discussion on any item posted on the agenda and legal issues regarding
amortization of nonconforming uses; advice on noise regulations; regulation of
sexually oriented businesses; and litigation, settlement offers, and/or claims
regarding the following matters:
1. H&A Land Corporation, d/b/a Showtime Cabaret v. City of Kennedale;
Cause No. 402-CV-0458-Y (Dreamer’s)
2. Potential litigation with Wal-Mart regarding Southwest Crossing Addition,
Portion of Lot 2, Block 1, Kennedale, TX
b. The City Council will meet in closed session pursuant to Section 551.074 of the
Texas Government Code to deliberate the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee.
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1. City Manager
X. RECONVENE INTO OPEN SESSION, AND TAKE ACTION NECESSARY
PURSUANT TO EXECUTIVE SESSION, IF NEEDED.
Mayor, Bryan Lankhorst reconvened into open session at 10:10 p.m.
b. Mayor-Pro Tem, John Clark moved to grant a one-year contract extension to City
Manager, Bob Hart. Motion second by Councilmember, Brian Johnson. Motion
carried (4-0).
XI. ADJOURNMENT
Councilmember, Brian Johnson moved to adjourn the meeting at 10:12 p.m., second by
Mayor Pro-Tem, John Clark. Motion carried (4-0).
APPROVED:
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary