06.12.2008 CC Minutes
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MINUTES
KENNEDALE CITY COUNCIL
REGULAR MEETING – JUNE 12, 2008
405 MUNICIPAL DR. – KENNEDALE MUNICIPAL BLDG.
Mayor, Bryan Lankhorst called the meeting to order at 5:35 p.m.
Members present: Mayor, Bryan Lankhorst; Mayor Pro-Tem, John Clark; Councilmember’s
Brian Johnson, Kelly Turner, and David Green.
Members absent: Councilmember, Jerry Miller.
Staff present: Bob Hart, City Manager; Kathy Turner, City Secretary; Doug Black, Legal
Counsel; Clifford Blackwell, III, Director of Finance; Chief of Police, Tommy Williams; Mike
McMurray, Fire Chief; Larry Hoover, Code Compliance Officer, and Cindy Henry, Intern.
I.WORK SESSION
a. Strategic Planning Discussion.
Bob Hart, City Manager spoke about upcoming strategic planning sessions
scheduled for city staff, boards/commissions and other civic groups. Hart said
meetings would be held in June with Professor, Jim Kunde and UTA students, in
which students would assist with the preparation of a report providing
recommendations to obtain certain goals and performance measures that would be
utilized as the guiding tool for the preparation of upcoming budgets.
b. Discussion on proposed budget work session dates.
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A budget work session date was scheduled for Saturday, July 26 at 9:00 a.m. in
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the council chambers, with a follow-up, if needed scheduled the week of July 28.
c. Discussion and review of any item on the agenda, if needed.
Bob Hart, City Manager recommended council defer regular item IX-n, Insurance
Agent of Record to the July 10 meeting.
Mayor-Pro Tem, John Clark questioned consent agenda item VIII-d, participation
in CDBG program FY 2009-2011. Bob Hart, City Manager advised that the
mandatory language was passed down from HUD and all participating agencies
with the County were required to adopt the new language. Hart said that the City
of Kennedale would not see any impact from the adoption.
No further discussion, Mayor Lankhorst recessed the meeting at 6:05 p.m. to enter
into executive session.
II. EXEUCUTIVE 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
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discussion on any item posted on the agenda and legal issues regarding
amortization of nonconforming uses; advice on noise regulations and regulation of
sexually oriented businesses.
b. The City Council will meet in closed session pursuant to Section 551.072 of the
Texas Government Code to deliberate the purchase, exchange, lease, or value of
real property including:
1. Property located at 209 N. New Hope Road, Kennedale, TX (Old City Hall)
III. RECONVENE INTO OPEN SESSION
Mayor, Bryan Lankhorst reconvened into open session at 6:40 p.m., and announced that
any executive session action, if any, would be taken under the regular agenda item as
listed on the agenda. Mayor Lankhorst then recessed the meeting at 6:41 p.m.
IV. REGULAR SESSION
Mayor, Bryan Lankhorst called regular session to order at 7:00p.m.
V. INVOCATION AND PLEDGE OF ALLEGIANCE
Clifford Blackwell, III, Director of Finance provided the invocation, followed by the
Pledge of Allegiance being recited.
VI. VISITOR/CITIZENS FORUM
No persons registered to speak.
VII. REPORTS/ANNOUNCEMENTS
a. City Manager
Bob Hart, City Manager announced the following:
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1. Rodgers Farm Park dedication is scheduled for Saturday, June 21 at 10:00
a.m.;
2. Work picking up on the TownCenter Plaza;
3. Household Hazardous Waste Contract promotion scheduled; and
4. Ability to buy Toll Tags at the Kennedale Library.
b. City Council
Mayor Pro-Tem, John Clark thanked Tommy Williams, Chief of Police for his
recent response on a complaint that did not arise within the City of Kennedale.
Councilmember, Brian Johnson spoke about the Transforming Local Government
Conference, and said that City staff gave a superior performance in their
presentation. Johnson also advised that Bob Hart was recognized, and everyone
spoke highly of him.
Councilmember, David Green said it was nice to see the recent activities taken
place with the parks and thanked James Cowey, Building Official and city staff for
their hard work.
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c. Mayor
Mayor, Bryan Lankhorst followed up with a reminder of the Rodger’s Farm Park
dedication, and the ability to purchase Toll Tags.
VIII. CONSENT AGENDA
a. Approval of minutes: Regular Meeting dated May 8, 2008;
Special Meeting dated May 20, 2008
b. Review and consider action on Resolution No. 250, authorizing funding
participation with Tarrant County Community Development and Housing
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Authority for the 31 Year Community Development Block Grant Project for
sanitary sewer lines to serve Oak Crest Addition.
c.Review and consider action to authorize the City Manager to enter into an
Interlocal Agreement with Tarrant County for road reconstruction of Crestview
Drive.
d.Review and consider action on Resolution No. 251, authorizing participation in
Tarrant County’s Community Development Block Grant Program for the Three-
Program Year Period, Fiscal Year 2009 through Fiscal Year 2011.
Councilmember, Brian Johnson requested item c be removed from consent agenda.
Mayor Pro-Tem, John Clark moved to approve consent agenda items a, b and d,
second by Councilmember, Brian Johnson. Motion carried (4-0).
IX. REGULAR ITEMS
c. Review and consider action to authorize the City Manager to enter into an
Interlocal Agreement with Tarrant County for road reconstruction of Crestview
Drive.
Questions were raised regarding asphalt, curb and gutter in regards to the
reconstruction of Crestview Drive. It was said Tarrant County only supplies
asphalt and curb and gutter was not included in the quote. Additional concerns
were expressed with the weight of the fire truck going around the corner of
Cloverlane Drive and Crestview Drive, and it was recommended that the City pay
to have the intersection concrete to extend the life of the roadway.
Councilmember, Brian Johnson moved to approve the authorization of the City
Manager to enter into an Interlocal Agreement with Tarrant County for road
reconstruction of Crestview Drive, second by Mayor Pro-Tem, John Clark. Motion
carried (4-0).
e. Public Hearing, Review and Action on Ordinance No. 401, Planning and Zoning
Commission Case #08-05, Zone change request for Lots 2 and 3, Block 9, Oak
Crest Addition, City of Kennedale, TX from the current zoning classification of
“R-3” Single Family Residential District to that of “C-1” Restricted Commercial
District. Property is located at 6705 Lindale Rd., Kennedale, TX. Requested by
Karl Dennis of Sundance Corrugated LLC.
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1. Staff Presentation of Case – Larry Hoover, Code Compliance Officer briefed
Council on the zone change request and advised that the Planning and Zoning
Commission recommended approval of the zone change with a 7-0 vote.
2. Applicant Presentation of Case – Mr. Karl Dennis stated that the rezoning
would allow him better use of the property to coincide with his business.
3. Public Hearing – Karl Dennis, 2807 Marquis Circle, E, Arlington, TX
registered in favor of the zone change. No other persons registered to speak for
or against Planning and Zoning Case #08-05.
4. Applicant Response – No response.
5. Staff Response and Summary of Case – No response.
6. Action on Case - Mayor Pro-Tem, John Clark moved to approve Ordinance
No. 401, Planning and Zoning Commission Case #08-05, zone change request
for Lots 2 and 3, Block 9, Oak Crest Addition, City of Kennedale, TX from the
current zoning classification of “R-3” Single Family Residential District to that
of “C-1” Restricted Commercial District. Motion second by Councilmember,
Brian Johnson. Motion carried (4-0).
f. Public Hearing, Review and Action on Planning and Zoning Commission Case
#08-06 – Re-plat of Lots 1A, 1B, 1C1, 1C2, 2, and 3, Block 9, Oak Crest Addition,
City of Kennedale, TX to that of Lot 1-R, Block 9, Oak Crest Addition, City of
Kennedale, TX. Re-platted lot will consist of approximately 1.245 acres and is
located at 6705 and 6709 Lindale Rd., Kennedale, TX. Requested by Karl Dennis
of Sundance Corrugated LLC.
1. Staff Presentation of Case – Larry Hoover, Code Compliance Officer briefed
Council on the re-plat of the property, which would combine the five lots into
one to allow better use of the property. Hoover indicated that the Planning and
Zoning Commission voted 7-0 to recommend approval of the re-plat.
2. Applicant Presentation of Case – No presentation.
3. Public Hearing – Karl Dennis, 2807 Marquis Circle, E, Arlington, TX
registered in favor of the re-plat. No other persons registered to speak for or
against Planning and Zoning Case #08-06.
4. Applicant Response – No response.
5. Staff Response and Summary of Case – No response.
6. Action on Case – Mayor Pro-Tem, John Clark moved to approve re-plat of Lots
1A, 1B, 1C1, 1C2, 2, and 3, Block 9, Oak Crest Addition, City of Kennedale,
TX to that of Lot 1-R, Block 9, Oak Crest Addition, City of Kennedale, TX.
Motion second by Councilmember, Kelly Turner. Motion carried (4-0).
g. Public Hearing, Review and Action on Ordinance No. 402, Planning and Zoning
Commission Case #08-07, Request for abandoning a portion of Wrey Crest Road
adjacent to Lot 1, Block 1, Broyles Addition, City of Kennedale, TX, as requested
by Majestic Liquor Store.
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1. Staff Presentation of Case – Larry Hoover, Code Compliance Officer briefed
Council on the abandonment request for a portion of Wrey Crest Road, and
stated that the Planning and Zoning Commission voted 7-0 to recommend
approval of the abandonment.
2. Public Hearing – Ben Lanford, 1111 Jacksboro Hwy., Fort Worth, TX
representing Majestic Liquor Stores, Inc. registered in favor for abandoning a
portion of Wrey Crest Road. No other persons registered to speak for or
against Planning and Zoning Case #08-07.
3. Action on Case - Councilmember, Brian Johnson moved to approve Ordinance
No. 402, Planning and Zoning Commission Case #08-07, request for
abandoning a portion of Wrey Crest Road, second by Councilmember, David
Green. Motion carried (4-0).
h. Public Hearing, Review and Action on Ordinance No. 403, Planning and Zoning
Commission Case #08-08, Zone change request for Lot 2, Block 1, Southwest
Crossing Addition, City of Kennedale, TX from the current zoning classification of
“R-1” Single Family Residential District to that of “C-1” Restricted Commercial
District. Property is located at the corner of Little School Road and US 287.
Requested by Matt Cragun on behalf of O’Donald Engineering LLC.
1. Staff Presentation of Case – Larry Hoover, Code Compliance Officer addressed
Council on the zone change request, and stated that the Planning and Zoning
Commission voted 7-0 to recommend approval of a Commercial Classification.
2. Applicant Presentation of Case:
Terri Murray representing Chase Bank addressed Council with reasons why
Council should consider Chase Bank as a tenant for the proposed site.
Matt Cragun, Engineer for Chase Bank presented Council with an elevation
chart depicting architectural features of the proposed bank.
3. Public Hearing
Terri Murray, 8111 Preston Rd., Dallas, TX registered in favor of zone change.
Matt Cragun, 1601 East Lamar, Arlington, TX registered in favor of zone
change.
Tyler Isbell, 4219 Somerville Ave., Dallas, TX registered in favor of zone
change. Mr. Isbell representing The Watson Group, Retail Real Estate
Company who is familiar with the Wal-Mart pad sites, entertained questions in
regards to the market of the area. No questions were brought forth.
Gordon Atkinson, 2201 Wolf St., Dallas, TX registered in favor of zone
change.
No other persons registered to speak for or against Planning and Zoning Case
#08-08.
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4. Applicant Response – No response.
5. Staff Response and Summary of Case – Larry Hoover, Code Compliance
Officer added that O’Donald Engineering had met all of the city’s code of
ordinances, including the 90-day waiting requirement for re-submittal of a zone
change.
Mayor Pro-Tem, John Clark said ordinance presented before them called for a
“C-1” zoning classification, and inquired if other options were available to
consider. Bob Hart, City Manager replied that under the commercial zoning
ordinance, three options existed, which are “C-2” General Commercial, “C-1”
Restricted Commercial and “C-0” Retail Commercial. Hart then advised
Council that they had the ability to amend the zoning classification when an
application was submitted as long as the zoning was as intense or less. Council
could leave residential zoning in place or re-zone to C-0 or C-1, but could not
re-zone to C-2.
Councilmember, Kelly Turner requested additional clarification between C-0
and C-1. Bob Hart, City Manager replied that the building, setback and
building size requirements are identical in both cases; however in the zoning
ordinance permitted uses in each category were enumerated. Hart said as a
general sweeping statement office uses are not permitted under C-0, but retail
uses generally are. Other ancillary uses, churches, and governmental structures
are permitted, but there are a few categories in C-0 that requires a conditional
or specific use permit depending on the particular use.
6. Action on Case – Mayor Pro-Tem, John Clark moved to approve Ordinance
No. 403, Planning and Zoning Commission Case #08-08, zone change request
for Lot 2, Block 1, Southwest Crossing Addition, City of Kennedale, TX from
the current zoning classification of “R-1” Single Family Residential District to
that of “C-O” Retail Commercial District. Motion second by Councilmember,
Kelly Turner. Motion carried (4-0).
i. Review and consider action to re-appoint/appoint members to the Planning and
Zoning Commission.
Mayor Pro-Tem, John Clark moved to re-appoint Lori Bryan, Ernest Harvey, and
Charles Overstreet as regular members to serve two-year terms to expire June
2010, second by Councilmember, David Green. Motion carried (4-0).
Mayor Pro-Tem, John Clark moved to appoint alternate, Frank Fernandez as a
regular member to replace Charles Robeson, to serve a two-year term to expire
June 2010. Motion second by Councilmember, Brian Johnson. Mayor Pro-Tem,
John Clark, and Councilmember, Brian Johnson voted aye, while Councilmember’s
David Green and Kelly Turner voted nay. Mayor, Bryan Lankhorst voted aye to
break the tie. Motion carried (3-2).
Mayor Pro-Tem, John Clark moved to appoint Lana Sather as an alternate to serve
a two-year term to expire June 2010, second by Councilmember, David Green.
Motion carried (4-0).
Mayor Pro-Tem, John Clark thanked Charles Robeson for his time and years of
service on the commission.
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j. Review and Consider action to appoint a Chairman and a Vice-Chair to the
Planning and Zoning Commission.
Mayor Pro-Tem, John Clark moved to appoint David Hunn as Chairman, and
Ernest Harvey as Vice-Chairman to the Planning and Zoning Commission, second
by Councilmember, Kelly Turner. Motion carried (4-0).
k. Review and consider action to re-appoint/appoint members to the Board of
Adjustment.
Councilmember, David Green moved to appoint alternate Cheryl Abbott as a
regular member to serve a two-year term to expire June 2010, second by
Councilmember, Brian Johnson. Motion carried (4-0).
Councilmember, David Green moved to re-appoint Rick Adams and Linda Elam as
regular members to serve two-year terms to expire June 2010, and re-appoint
Richard West as an alternate to serve a two-year term to expire June 2010. Motion
second by Councilmember, Brian Johnson. Motion carried (4-0).
l. Review and consider action to re-appoint/appoint members to the Building Board
of Appeals.
Councilmember, David Green moved to re-appoint Todd Whatley to Place 2, and
Lin Eason to Place 4, both to serve two-year terms to expire June 2010. Motion
second by Mayor Pro-Tem, John Clark. Motion carried (4-0).
m. Review and consider action to re-appoint/appoint members to the Parks and
Recreation Board by individual Councilmembers.
Councilmember, David Green moved to remove Mitch Blan from Place 2, and
appoint alternate David Smith to Place 2 to serve a two-year term to expire June
2010, second by Councilmember, Brian Johnson. Motion carried (4-0).
Councilmember, David Green moved to appoint Mitch Blan as an alternate to serve
in Place 7, to serve a two-year term to expire June 2010, second by
Councilmember, Brian Johnson. Motion carried (4-0).
Councilmember, Kelly Turner moved to re-appoint Donna Gerron to Place 4, to
serve a two-year term to expire June 2010, second by Mayor Pro-Tem, John Clark.
Motion carried (4-0).
Councilmember, David Green moved to amend his motion to appoint Mitch Blan
to Place 7, to serve a one-year term to expire June 2009, second by
Councilmember, Kelly Turner. Motion carried (4-0).
Councilmember, Brian Johnson moved to remove Yolanda Jones, alternate from
the board, second by Councilmember, David Green. Motion carried (4-0).
Councilmember, Kelly Turner moved to appoint Greg Long to Place 8, to serve a
two-year term to expire June 2010, second by Councilmember, Brian Johnson.
Motion carried (4-0).
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Councilmember, David Green moved to re-appoint Elizabeth Carrington to Place 6,
to serve a two-year term to expire June 2010, second by Councilmember, Brian
Johnson. Motion carried (4-0).
n. Review and consider action to award bid and authorize the City Manager to
execute a contract for Insurance Agent of Record.
No action was taken on this item, as Bob Hart, City Manager requested item be
delayed to the July 10, 2008 meeting.
o. Review and consider action on Ordinance No. 404, sale of City Hall.
Councilmember, Brian Johnson moved to approve Ordinance No. 404, proceeding
with the sale of old City Hall for Forty Seven Thousand Dollars ($47,000.00)
subject to the terms and conditions set for in the contract being met, second by
Mayor Pro-Tem, John Clark. Motion carried (4-0).
X. ADJOURNMENT
Councilmember, Brian Johnson moved to adjourn the meeting at 8:09 p.m., second by
Mayor Pro-Tem, John Clark. Motion carried (4-0).
APPROVED:
Mayor, Bryan Lankhorst
ATTEST:
Kathy Turner, City Secretary