12.09.2004 CC MinutesMINUTES OF
KENNEDALE CITY COUNCIL
REGULAR MEETING -DECEMBER 9, 2004
405 MUNICIPAL DR. - KENNEDALE MUNICIPAL BLDG.
Mayor Norwood called the meeting to order at 4:32 p.m.
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Members present: Mayor Norwood, Council Members Mitchell, Green, and Nowell. Council
Member Barrett arrived at p.m.
Members absent: Council Member Clark.
Staff present: David Miller, City Manager; Margaret Eichelberger, Assistant to City Manager;
Kathy Turner, City Secretary; Li Jen Lee, Director of Finance; Jim Rutledge, Police Chief; Scott
Epperson, Captain of Fire Department; Mark White, Community Development Director; and
legal counsel, Wayne K. Olson.
I. RECESS TO EXECUTIVE SESSION -PRE-COUNCIL CHAMBERS
Mayor Norwood recessed into executive session at 4:33 p.m.
The City Council met 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; reconstruction of Dick Price Road;
regulation of sexually oriented businesses; and litigation, settlement offers, and/or claims
regarding the following matters:
a. H&A Land Corporation, d/b/a Showtime Cabaret v. City of Kennedale; Cause No. 402-CV-
0458-Y
b. Jerry Coyel v. City of Kennedale, Cause No. 236-193444-02
c. Police Department issues.
d. County of Tarrant, Texas v. Jerry Coyel; Cause No. 348-185513-00
e. Wheeler's Motor Service v. Board of Adjustment; Cause No. 153-201934-03
f. Southern Salvage, Inc. v. City of Kennedale, Cause No. 153-208208-04
g. Interlocal Agreement with City of Arlington.
h. Refund of Roadway Assessment Fee
II. RECONVENE IN COUNCIL CHAMBERS FOR OPEN MEETING WORK
SESSION
Mayor Norwood reconvened into open meeting work session at 6:08 p.m.
1. Discussion on any item on the agenda.
A brief discussion took place regarding sales tax generated from Wal-Mart and the
Tarrant County Emergency Services District contract. Legal Counsel made a
recommendation to include in the motion regarding the Emergency Services Contract
a statement reflecting "That the City Council finds that the reciprocal operation will
be mutually beneficial, and not detrimental to the district." Legal Counsel advised
that this was a requirement to be made under the law.
Mayor Norwood recessed the meeting at 6:29 p.m. prior to entering into the town hall
meeting at 7:00 p.m.
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III. CONVENE INTO TOWN HALL MEETING
1. City Council will receive citizen comments regarding Wal-Mart.
Representatives from Wal-Mart provided a slide show presentation relating to the
proposed Wal-Mart Supercenter that would be located at US 287 and Little Road,
which addressed an illustrative site plan, proposed screen wall, traffic impact,
proposed improvements to Little Road and Sublett Road, traffic volume, truck routes,
examples of other Wal-Marts, diminution in value conclusions, and architecture in
surrounding areas.
Mayor Norwood recessed the meeting at 8:00 p.m. for a short break prior to receiving
citizen's comments.
The following Kennedale residents registered to address Council regarding the
proposed Wal-Mart: Lori Glovier, 205 E. Mistletoe Drive; Joe Taylor, 605
Bluebonnet Lane; Erin Barnett, 711 Timberline Street; Steve Radakovich, P.O. Box
384; John Morris, representing Pecan Manor Nursing Home, 413 E. Mansfield
Cardinal Road; Frank Fernandez, 911 Shady Vale Drive; Ike Heflin, 1003 Colonial
Court; Betty Wells, 4345 Danny Drive; Roy Boenig, 1020 Kennedale Sublett Road;
Jennene Fuller, 822 Mansfield Cardinal Road; Charles Robeson, 213 Broadway; Eric
Elam, 349 Kennedale Sublett Road; Hollis Matthews, 1252 Elmbrook; and Eddie
Cutrer, 1260 Cross Creek Drive.
Concerns expressed included traffic issues relating to a more in depth study of
number of vehicles that will be traveling Little School Road, ingress/egress off Little
School Road, stacking of traffic from traffic lights on Little School Road; number of
bid rigs traveling Little School Road; expansion of Bowman Springs Road;
cleanliness of parking lot; financial settlement relating to sales tax dollars; and
relocation of proposed Wal-Mart to Highway 287 and Sublett Road. On a positive
note, it was said that traffic comes with growth and development takes place where
growth occurs. Kennedale is growing and traffic is going to increase due to oncoming
residential developments, not due to Wal-Mart. Development of Wal-Mart will bring
additional businesses to Kennedale as well as revenue dollars to the City.
The following Kennedale residents and/or business owners registered in favor of the
proposed Wal-Mart, but did not wish to address Council: Charlie and Pat Doescher,
General Managers for Apache Auto Salvage, 5500 Kennedale Parkway; Don and
Eileen Mode, 112 Oak Ridge Trail; Ca Sandra Griffin, 103 C Peachtree Court; Leslie
G. Murray, 407 Kevin Miller Road; Beverly Gladden, 716 W. Kennedale Parkway,
Lot 1; Kris Savage, 718 Shady Creek; Michael Smith, 805 Linda Road; M.F. Daniel,
436 North Road; Jim and Janice Degen, 310 Pennsylvania Avenue; Linda Elam, 349
Kennedale Sublett Road; Jim Glovier, 205 E. Mistletoe Drive; Naseem Patel,
Business Owner of P&P Mart, 317 W. Kennedale Parkway; Rob Morris, 824 E.
Kennedale Sublett Road; Lee Ann Young, 700 Paula Lane; Tom and Cathy Fitzhugh,
515 Coker Valley Drive; Keith Materiolj, 516 True Gunn; Joseph Peel, 451
Mansfield Cardinal Road E.; Greg Jepson, 109 Caylebaite Street; R.J. Huckaby, 605
Bluebonnet Lane; Juanelle House, 708 N. Little School Road; Charles Murdock, 428
4"' Street; Billy Simpson, 5836 Eden Road; James Gregory, 436 W. Kennedale
Parkway; Dorothy Rosson, 208 A Pine Meadows; Joe Wakeland, P.O. Box 432;
Margie Lowery, 301 W. Broadway; Connie Cross, 1426 Swiney Hiett Road; Mike
and Loveta Miller, 301 Linda Road; Christine Mitchell, 909 Little School Road;
Patricia Hill, 304 Spring Branch; Peter Gilkey, 521 Linda Road; Everett Vassar, 304
S. New Hope Road; Barbara McKelroy, 124 Briarwood Road; Brian Parker, 1255
Leanne Court; Raymond Johnson, 426 Gail; Rick Adams, 1005 Colonial Court; Tim
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and Leslie Hallman, 1012 Ohio Court; Kandy Yales, 107 Oak Ridge Trail; Toby
Hampton, 306 N. Dick Price Road; Sammy Westerman, 200 N. Dick Price Road;
Chuck Carnagie, 308 Mistletoe Drive; and Eileen Shaffer, 315 Spring Branch Lane.
The following Kennedale residents registered against the proposed Wal-Mart, but did
not wish to address Council: Lynn Harris, 920 Shady Bend Drive; Kenneth Reeder,
225 N. Joplin Road; Tamara Hopkins, 816 Pennsylvania Avenue; Kevin Kissel, 1020
Cross Street; Jay Sedwick, 821 Pennsylvania Avenue; Nick Masullo, 1006 Ohio
Court; Signe Edwards, 500 Averett Road; Melissa Cowan, 126 Oakwood Lane;
Barbara Weaver, 4265 Danny Drive; Cheryl Johnson, 4265 Danny Drive; J.P. Brady,
1214 Vera Lane; and Carol and James Kent, 402 Kevin Miller Road.
The following non-residents registered in favor of the proposed Wal-Mart: Coy
Garrett, 1309 W. Abram Street, Arlington, TX; and Don and Joan Dewey, 7295
Doctor Garrison Road, Mansfield, TX.
The following non-residents registered against the proposed Wal-Mart: Joe Morns,
2995 LBJ #108, Dallas, TX; Robert Gamades, 6516 Virginia Square, Arlington, TX;
Tod Jessup, 6708 Glendale Drive, Arlington, TX; Gary Manson, 6823 Virginia
Square, Arlington, TX; Cheryl Jessup, 6708 Glendale Drive, Arlington, TX; Lauren
Jessup, 6708 Glen Dale Drive, Arlington, TX; Ken Morris, 5300 Annondale Court,
Arlington, TX; Derrick Jones, 5418 Independence, Arlington, TX; and Joan Manson,
6523 Virginia Square, Arlington, TX.
Mayor Norwood closed the town hall meeting at 9:41 p.m.
IV. CONVENE INTO REGULAR SESSION
Mayor Norwood convened into regular session at 9:41 p.m.
V. INVOCATION AND PLEDGE OF ALLEGIANCE
Danny Robinson, Pastor with Life Fellowship Church led the invocation followed by the
Pledge of Allegiance.
VI. TAKE ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION.
No action was taken on this item.
VII. CONSENT AGENDA
1. Approval of minutes: regular meeting dated November 11, 2004.
2. Consider approval authorizing Mayor to execute engagement letter with Pattillo,
Brown & Hill, L.L.P. for the year ended 9/30/2004 financial audit.
3. Consider approval of Contract 04-07 with Tarrant County Emergency Services
District.
4. Consider approval of amendment to KYA Contract.
5. Consider approval of eligible project for Economic Development Corporation Board
of Directors.
Council Member Green moved to approve the consent agenda, and in regards to
Contract 04-07 with Tarrant County Emergency Services District, Mr. Green stated
"That the City Council finds the reciprocal operation will be mutually beneficial, and
not detrimental to the district." Council Member Nowell second the motion with all
members present voting in favor. Motion carried 4-0.
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VIII. VISITOR/CITIZENS FORUM
Pat Doescher, General Manager of Apache Auto Salvage addressed Council regarding a
billboard sign advertisement on her property. She offered an apology to the citizens and
the Mayor, and said that the treatment she received from the city was not appropriate, but
the problem had been rectified.
IX. STAFF REPORT/ANNOUNCEMENTS
1. City Manager Report
City Manager, David Miller announced that the Kennedale Fire Department was
sponsoring an Angel Tree for Christmas, and many families were still in need to be
adopted.
X. MAYOR/COUNCIL REPORT/ANNOUNCEMENTS
1. Mayor ReportlAnnouncements
Mayor Norwood stated that he appreciated the way everyone conducted themselves
for the Town Hall meeting, and that he would continue to make a concerted effort to
inform the citizens of what is taken place within the City, and to provide answers to
their questions while he was in office.
2. Council Reports/Announcements
Council Member Barrett announced that the United States Marine Corps would be
accepting donated toys for Toys for Tots at the Wal-Mart on Cooper and I-20.
Council Member Green informed the citizens that the Kennedale Fire Department
Angel Tree sponsors families from Kennedale, and encouraged everyone to
participate.
XI. ADJOURNMENT
Council Member Barrett moved to adjourn the meeting at 9:51 p.m., second by Council
Member Nowell. Motion carried.
,,.~~~ ~~N~~.:>L~~''~,, APPROVED:
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Kathy T er, City Secretary