5024 Broadway Ave.
Haltom City, TX  76117
817-222-7700

April 23, 2018 City Council Minutes

MINUTES

HALTOM CITY COUNCIL MEETING CITY HALL, 5024 BROADWAY AVENUE

April 23, 2018

A Regular Meeting by the City Council of the City of Haltom City, Texas, was held on April 23, 2018, at 7:00 p.m. at City Hall, 5024 Broadway Avenue, Haltom City, Texas, with the following members present:

Mayor David Averitt Mayor Pro Tem Dr. An Truong

Council Place 2 Jeannine Nunn Council Place 2 Walter Grow

Council Place 4 Trae Fowler Council Place 5 Bob Watkins Council Place 6 Ricky Brown

Council Place 3 Linda Thompson was absent.

Staff Present: Keith Lane, City Manager; Rex Phelps, Assistant City Manager; Wayne Olson, City Attorney; Art Camacho, City Secretary; Jennifer Fung, Finance Director; Sidonna Foust, Customer Service Director; Glenna Batchelor, Planning and Community Development Director; Cody Phillips, Police Chief, and Greg Van Nieuwenhuize, Public Works Director.

WORKSESSION

CALL TO ORDER

Mayor Averitt called the Worksession to order at 6:02 p.m. Jason Bethke, of Fathom, presented a PowerPoint regarding their updated progress in maintaining the Water Utility Service. Finance Director Jennifer Fung presented the Monthly Financial Report and the Quarterly Investment Report. Police Chief Cody Phillips presented the 2018 First Quarter Crime Statistics and a discussion was held regarding the domestic violence data.

The Council went into Executive Session at 6:40 p.m.

EXECUTIVE SESSION

Chapter 551 of the Texas Government Code

As authorized by Section 551.071, the City Council reserves the right to adjourn into Executive Session at any time during the course of this meeting to seek legal advice from the City Attorney about any matters listed on the agenda, in addition to the following matters:

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 which may conflict with the Open Meetings Act; including discussion of any item posted on the Agenda; to seek legal advice on open meetings, open records, code of ethics and conflict of interest, dissolution/restructuring of the Haltom City Economic Development Corporation, and pending litigation and settlement offers for the following cases:

  • Flynn v. Haltom City EDC

  • James H. Watson v. City of Haltom City

  • Amer Ozzie v. City of Haltom City

  • Ray Beshirs v. City of Haltom City

  • Nicklaus Forrest v. City of Haltom City

    Section 551.072 – Deliberations about Real Property

    Deliberation regarding the purchase, exchange, lease or value of real property, and property owned or leased by the City and the EDC, including city buildings.

    The Council returned to Regular Session at 7:15 p.m. and Mayor Averitt called for a brief recess.

    REGULAR MEETING

    CALL TO ORDER

    Mayor Avertitt called the meeting to order at 7:22 p.m.

    INVOCATION/PLEDGE OF ALLEGIANCE

    Mayor Pro Tem Dr. An Truong gave the Invocation, and led the Pledge of Allegiance and the Texas Flag Pledge.

    ANNOUNCEMENTS/EVENTS – City Secretary Art Camacho read the following:

  • The HC Public Library lists the children, teen and adult programs on the website.

  • The Friends of the Library will have their annual book sale April 26-29.

  • The Carson Street Closing will be closed for 5 months to a year.

  • Haltom Sr. Center will also have a “Burgers and Bingo” on April 28th.

  • Parks and Recreation will have the “Mayors Cup” Golf Tournament on May 4th.

  • Full Day Summer Camp and Sports begins now.

  • Parks and Recreation are taking quality white shirts for graduation ceremonies.

  • Congratulations were extended to the 2018 “Images of Haltom City” winners.

  • Early Voting began today and will continue until Tuesday, May 1st.

REGULAR AGENDA

  1. Minutes – Consideration and/or action regarding approval of the Minutes of the meeting of April 9, 2018. Mayor Pro Tem Truong moved, seconded by Council Member Grow, to approve the Minutes of April 9, 2018. The vote was unanimous. Motion carried.

  2. Ordinance No. O-2018-016-15 (CU-002-18) - Consideration and/or action on an application of Ron Larson for approval of a Conditional Use Permit for automobile tune up and lube center, tire and battery sales store uses and automobile and light truck repair shop in the “C-3” Commercial District located on Lot 14, Block 28 of the Meadow Oaks Addition-Haltom, being approximately 0.4361 acres on the west side of Denton Highway, locally known as 3213 Denton Highway. 2nd Reading. Glenna Batchelor, Planning and Community Director, presented the second reading of the ordinance and a discussion was held regarding the stipulations and the state inspection sign acknowledgement. Council Member Grow moved, seconded by Council Member Fowler, to approve Ordinance No. O-2018-016-15 (CU-002-18) on the second reading. The vote was unanimous. Motion carried.

  3. Cancel/Reschedule a Regularly Scheduled Council Meeting – Consideration and/or action to cancel or reschedule the regularly scheduled meeting of May 28, 2018, in lieu of Memorial Day. City Secretary Art Camacho presented the Memo Resolution and a discussion was held regarding the cancelling of a meeting near the end of May. Mayor Pro Tem Truong moved, seconded by Council Member Fowler, to approve the cancelling of the May 28, 2018 Council meeting and hold the next meeting on the regularly scheduled date of June 11, 2018. The vote was unanimous. Motion carried.

  4. Tax Abatement Policy – Consideration and/or action regarding approval of the Ad Valorem Tax Abatement Policy. Finance Director Jennifer Fung presented the policy and a discussion was held regarding the policy revision. Council Member Grow moved, seconded by Council Member Brown, to approve the Ad Valorem Tax Abatement Policy. The vote was unanimous. Motion carried.

  5. Ordinance No. O-2018-018-15 (CU-003-18) – Conduct a Public Hearing and consideration and/or action to approve the application of Michael H. Smith, on behalf of Republic Finance, LLC., for a Conditional Use Permit request for a Nondepository Financial Institution in the “C-3” Commercial District, containing approximately 1,600 square feet of lease space on Lot 1, Block 1 of Western Center Plaza, being approximately 5.107 acres south of Western Center Boulevard, locally known as 5000 Western Center Boulevard, Suite 270. 1st Reading. Planning and Community Development Director Glenna Batchelor presented the ordinance and a discussion was held regarding their lending rates and sign availability. Mayor Averitt opened the Public Hearing at 7:47 p.m. No one came forward. Mayor Averitt closed the Public Hearing at 8:48 p.m. Council Member Grow moved, seconded by Mayor Pro Tem Truong, to approve Ordinance No. O-2018-018-15 (CU-003-18) on first reading. The vote was unanimous. Motion carried.

  6. Ordinance No. O-2018-017-15 (CU-004-18) – Conduct a Public Hearing and consideration and/or action to approve the application of Hussam Alsayyaf for approval of a Conditional Use Permit for automobile tune up and lube center, tire and battery sales store uses, and automobile and light truck repair shop in the “M-2” Heavy Industrial District located on Lot 1, Block 2 of the Ray Austin Subdivision, being approximately 0.2931 acres on the east side of North Beach Street, locally known as 2314 North Beach Street. 1st Reading. Planning and Community Director Glenna Batchelor presented the ordinance and a discussion was held regarding hours of operation and tire storage. Mayor Averitt opened the Public Hearing at 8:02 p.m. No one came forward. Mayor Averitt closed the Public Hearing at 8:03 p.m. Council Member Fowler moved, seconded by Mayor Pro Tem Truong, to approve Ordinance No. O-2018-017-15 (CU-004-18) on first reading. The vote was unanimous. Motion carried.

    VISITORS/CITIZENS FORUM

    Citizen Steve Chapman came forward to address his views regarding the ethics and conduct of Council Member Trae Fowler, and requesting his resignation.

    Citizen Linda Mabry Cantwell came forward and stated the manner in which the city election is being held is producing a bad image for the city.

    No other citizen came forward.

    FUTURE AGENDA ITEMS

  7. Discussion on items to be placed on future agendas. No item was presented.

    BOARDS/COMMISSIONS

  8. Resignations of Board/Commissions/Committee Members – Consider approval of the resignations of Board/Commission/Committee Members. There were no resignations.

  9. Appointment/Reappointment to Boards/Commissions/Committees – Consider approval regarding appointments to Boards/Commissions/Committees. Council Member Fowler appointed Keli Stallings to the Planning and Zoning Commissions and

    Colton Hudson to the Fire Services Board. Both appointments were unanimously approved.

    EXCUSED ABSENCE OF COUNCIL MEMBERS

  10. Attendance Requirements – Consideration regarding excused absences of Council Members according to Article III, Sec. 3.07 (a). Attendance Requirements of the Haltom City Charter. Council Member Grow moved, seconded by Council Member Brown, to excuse the absence of Council Member Thompson. The vote was unanimously approved.

The Council went into Executive Session at 8:12 p.m.

RECONVENE TO REGULAR SESSION

The Council reconvened at 9:02 p.m. No action was taken

ADJOURNMENT

Mayor Averitt adjourned the meeting at 9:03 p.m.

RESPECTFULLY SUBMITTED BY: APPROVED BY:

Art Camacho, City Secretary David Averitt, Mayor

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May 3, 2018 City Council Minutes

MINUTES

HALTOM CITY COUNCIL SPECIAL MEETING

CITY HALL - 5024 BROADWAY AVENUE

May 3, 2018

A Special Meeting by the City Council of the City of Haltom City, Texas, was held on May 3, 2018, at 6:30 p.m. at City Hall, 5024 Broadway Avenue, Haltom City, Texas, with the following members present:

Mayor David Averitt Council Place 1 Jeannine Nunn

Council Place 2 Walter Grow Council Place 3 Lin Thompson

Council Place 4 Trae Fowler Council Place 5 Bob Watkins Council Place 6 Ricky Brown

Mayor Pro Tem Dr. An Truong was absent.

Staff Present: Keith Lane, City Manager; Rex Phelps, Assistant City Manager; Wayne Olson, City Attorney; Art Camacho, City Secretary; Toni Beckett, Human Resources and Risk Management Director.

CALL TO ORDER

Mayor Averitt called the Special Meeting to order at 6:30 p.m.

The Council went into Executive Session at 6:31 p.m. under the following:

EXECUTIVE SESSION

Chapter 551 of the Texas Government Code

As authorized by Section 551.071, the City Council reserves the right to adjourn into Executive Session at any time during the course of this meeting to seek legal advice from the City Attorney about any matters listed on the agenda, in addition to the following matters:

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 which may conflict with the Open Meetings Act; including discussion of any item posted on the Agenda; to seek legal advice on open meetings, open records, dissolution/restructuring of the Haltom City Economic Development Corporation, and pending litigation and settlement offers for the following cases:

  • Flynn v. Haltom City EDC

  • James H. Watson v. City of Haltom City

  • Amer Ozzie v. City of Haltom City

  • Ray Beshirs v. City of Haltom City

  • Nicklaus Forrest v. City of Haltom City

RECONVENE TO REGULAR SESSION

The Council reconvened at 7:25 p.m. Council Member Fowler moved, seconded by Council Member Nunn, to consider moving forward with an outside external investigation into the personnel issues as discussed in Executive Session. Council Members Nunn, Fowler, Watkins and Brown voted aye. Council Members Grow and Thompson voted nay. Motion carried.

Discussion regarding City’s hiring practices – Council Member Grow asked Human Resources Director Toni Beckett if the city’s hiring practices conform to the standard practices for governmental agencies, corporations, and private industry. Ms. Beckett replied that the city’s hiring practices do meet the standards and comply with all of the federal law requirements, and the city’s charter as it relates to police officers and

firefighters, but that policies are different in regard to different departments because the requirements for all positions are not the same.

ADJOURNMENT

Mayor Averitt adjourned the meeting at 8:48 p.m. RESPECTFULLY SUBMITTED BY: APPROVED BY:

Art Camacho, City Secretary David Averitt, Mayor

CITY OF HALTOM CITY COUNCIL MEETING May 3, 2018 Page 2

 

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April 9, 2018 City Council Minutes

MINUTES

HALTOM CITY COUNCIL MEETING CITY HALL, 5024 BROADWAY AVENUE

April 9, 2018

A Regular Meeting by the City Council of the City of Haltom City, Texas, was held on April 9, 2018, at 7:00 p.m. at City Hall, 5024 Broadway Avenue, Haltom City, Texas, with the following members present:

Mayor David Averitt Mayor Pro Tem Dr. An Truong

Council Place 2 Walter Grow Council Place 3 Lin Thompson

Council Place 4 Trae Fowler Council Place 5 Bob Watkins Council Place 6 Ricky Brown

Council Place 1 Jeannine Nunn was absent.

Staff Present: Keith Lane, City Manager; Rex Phelps, Assistant City Manager; Wayne Olson, City Attorney; Alicia Kreh, City Attorney; Art Camacho, City Secretary; Christi Pruitt, Parks and Recreation Director; Glenna Batchelor, Planning and Community Development Director, and Greg Van Nieuwenhuize, Public Works Director.

WORKSESSION

CALL TO ORDER

Mayor Averitt called the Worksession to order at 6:05 p.m. Public Works Director Greg Van Nieuwenhuize gave a presentation regarding the Fort Worth Sanitary Sewer Project.

The Council went into Executive Session at 6:10 p.m.

EXECUTIVE SESSION

Chapter 551 of the Texas Government Code

As authorized by Section 551.071, the City Council reserves the right to adjourn into Executive Session at any time during the course of this meeting to seek legal advice from the City Attorney about any matters listed on the agenda, in addition to the following matters:

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 which may conflict with the Open Meetings Act; including discussion of any item posted on the Agenda; to seek legal advice on open meetings, open records, dissolution/restructuring of the Haltom City Economic Development Corporation, and pending litigation and settlement offers for the following cases:

  • Flynn v. Haltom City EDC

  • James H. Watson v. City of Haltom City

  • Amer Ozzie v. City of Haltom City

  • Ray Beshirs v. City of Haltom City

  • City of San Antonio v. Hotels.com, L.P.

  • Nicklaus Forrest v. City of Haltom City

    Section 551.072 – Deliberations about Real Property

    Deliberation regarding the purchase, exchange, lease or value of real property, and property owned or leased by the City and the EDC, including city buildings.

    Section 551.074 – Personnel

    Deliberation regarding the appointment, employment, evaluation, reassignment, or duties of the City Manager.

    The Council returned to Regular Session at 6:55 p.m. and Mayor Averitt called for a brief recess.

    REGULAR MEETING

    CALL TO ORDER

    Mayor Avertitt called the meeting to order at 7:01 p.m.

    INVOCATION/PLEDGE OF ALLEGIANCE

    Council Member Ricky Brown gave the Invocation led the Pledge of Allegiance and the Texas Flag Pledge.

    ANNOUNCEMENTS/EVENTS – City Secretary Art Camacho read the following:

  • The HC Public Library lists the children, teen and adult programs on the website.

  • The Friends of the Library will have their annual book sale April 26-29.

  • The Friends of the Library will have a Volunteer Appreciation Reception.

  • The Carson Street Closing will be closed for 5 months to a year.

  • Haltom Sr. Center will have a “Baked Potato and Salad Supper” on April 12th.

  • Haltom Sr. Center will also have a “Burgers and Bingo” on April 28th.

  • Parks and Recreation will have the “Mayors Cup” Golf Tournament on May 4th.

  • Full Day Summer Camp and Sports begins now.

  • Parks and Recreation are taking quality white shirts for graduation ceremonies.

Parks and Recreation Director Christi Pruitt expressed her thanks for the help provided by various groups and individuals for a record-setting Haltom City CARFEST.

REGULAR AGENDA

  1. Minutes – Consideration and/or action regarding approval of the Minutes of the meeting of March 26, 2018. A correction was made to the Attendance Requirements section. Mayor Pro Truong moved, seconded by Council Member Thompson, to approve the Minutes of March 26, 2018, with corrections. The vote was unanimous. Motion carried.

  2. Joint Use and Construction Interlocal Agreement – Consideration and/or action to approve a joint use and construction interlocal agreement between Haltom City and the Birdville Independent School District. Parks and Recreational Director Christi Pruitt presented the agreement and a discussion was held regarding the maintenance, cost and specific improvements. William Shenko, Assistant Director of Facilities for the BISD, also commented on the tree and undergrowth removal. Council Member Brown moved, seconded by Council Member Thompson, to approve the Joint Use and Construction Interlocal Agreement between Haltom City and the Birdville Independent School District. The vote was unanimous. Motion carried.

  3. Ordinance No. O-2018-016-15 (CU-002-18) - Conduct a Public Hearing and consideration and/or action on an application of Ron Larson for approval of a Conditional Use Permit for automobile tune up and lube center, tire and battery sales store uses and automobile and light truck repair shop in the “C-3” Commercial District located on Lot 14, Block 28 of the Meadow Oaks Addition-Haltom, being approximately 0.4361 acres on the west side of Denton Highway, locally known as 3213 Denton Highway - 1st Reading. Planning and Community Development Director Glenna Batchelor presented the ordinance and a discussion was held regarding the definitions and other specifics mentioned in the permit restrictions. Mayor Averitt opened the Public Hearing at 7:25 p.m. Property Owner Ron Larson addressed the Council in regard to changes he has already made concerning the permit conditions. No one else came forward and Mayor Averitt closed the Public Hearing at 7:30 p.m. Council Member Fowler commented on the property owner’s efforts on meeting the requirements and then moved, seconded by Council Member Thompson, to approve Ordinance No. O-2018-016-15 (CU-002-18) for the Conditional Use Permit for 3213 Denton Highway – first reading. The vote was unanimous. Motion carried.

  4. Preliminary Plat (P-004-18) – Conduct a Public Hearing and consideration and/or action on the application of Charles Scoma, on behalf of Edward Gonzalez, for

    approval of a preliminary plat creating Lot 8A-1, Block 5, Golden Gardens to the City of Haltom City Simon Akers Survey, Abstract No. 17, located in the “SF-2” Single Family Residential District containing approximately 0.4883 acres of land, locally known as 5926 Ellison Ave. Planning and Community Development Director Glenna Batchelor presented the Preliminary Plat and Mayor Averitt opened the Public Hearing at 7:33 p.m. No one came forward. Mayor Averitt closed the Public Hearing at 7:34

    p.m. Council Member Grow moved, seconded by Council Member Brown, to approve Preliminary Plat (P-004-18) creating Lot 8A-1, Block 5, Golden Gardens. The vote was unanimous. Motion carried.

  5. Final Plat (P-005-18) – Conduct a Public Hearing and consideration and/or action on the application of Charles Scoma, on behalf of Edward Gonzalez, for approval of a final plat creating Lot 8A-1, Block 5, Golden Gardens to the City of Haltom City Simon Akers Survey, Abstract No. 17, located in the “SF-2” Single Family Residential District containing approximately 0.4883 acres of land, locally known as 5926 Ellison Ave. Planning and Community Development Director Glenna Batchelor presented the Final Plat and Mayor Averitt opened the Public Hearing at 7:36 p.m. No one came forward. Mayor Averitt closed the Public Hearing at 7:37 p.m. Council Member Grow moved, seconded by Council Member Brown, to approve Final Plat (P-005-18) creating Lot 8A- 1, Block 5, Golden Gardens. The vote was unanimous. Motion carried.

    VISITORS/CITIZENS FORUM

    Citizen Paula Lindsey came forward to address her concerns regarding her water utility bill situation with Fathom. No other citizen came forward.

    FUTURE AGENDA ITEMS

  6. Discussion on items to be placed on future agendas. No item was presented.

    BOARDS/COMMISSIONS

  7. Resignations of Board/Commissions/Committee Members – Consider approval of the resignations of Board/Commission/Committee Members. Mayor Averitt presented the resignation of Trenton Tidwell from the Planning and Zoning Commission. The resignation was unanimously approved.

  8. Appointment/Reappointment to Boards/Commissions/Committees – Consider approval regarding appointments to Boards/Commissions/Committees. No appointments or reappointments were made.

    EXCUSED ABSENCE OF COUNCIL MEMBERS

  9. Attendance Requirements – Consideration regarding excused absences of Council Members according to Article III, Sec. 3.07 (a). Attendance Requirements of the Haltom City Charter. Council Member Grow moved, seconded by Council Member Fowler, to excuse the absence of Council Member Nunn. The vote was unanimously approved.

The Council went into Executive Session at 7:48 p.m.

RECONVENE TO REGULAR SESSION

The Council reconvened at 7:52 p.m. Council Member Grow moved, seconded by Council Member Thompson, to approve a 2% raise for City Manager Keith Lane after his review. The vote was unanimous. Motion carried.

ADJOURNMENT

Mayor Averitt adjourned the meeting at 8:48 p.m.

RESPECTFULLY SUBMITTED BY: APPROVED BY:

Art Camacho, City Secretary David Averitt, Mayor

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