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

September 25, 2017 City Council Minutes

MINUTES

HALTOM CITY COUNCIL MEETING CITY HALL

5024 BROADWAY AVENUE

September 25, 2017

A Regular Meeting by the City Council of the City of Haltom City, Texas, was held on September 25, 2017, 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 1 Jeannine Nunn Council Place 2 Walter Grow

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

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

WORKSESSION

CALL TO ORDER

Mayor Averitt called the Worksession to order at 6:00 p.m. The amending of the Animal Advisory Committee regarding the addition of an alternate member through an ordinance was discussed and will be presented at the next Council meeting. Parks and Recreation Director Christi Pruitt presented a PowerPoint showing the Veterans Memorial Park construction and the scheduled grand opening for November 11, 2017. Finance Director Jennifer Fung presented the monthly financial report with the fund balances as the fiscal year comes to a close next month. There were no questions regarding the Regular Agenda. The Council went into Executive Session at 6:25 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, NEO playing fields property, and pending litigation and settlement offers for the following cases:

  • Flynn v. Haltom City EDC

  • James H. Watson v. City of Haltom City

  • Tarrant County, et al v. Richard J. Westfall/City of Haltom City

  • Amer Ozzie v. City of Haltom City

    Section 551.072 – Deliberations about Real Property

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

    Section 551.074 - Personnel

    Deliberation regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee:

  • Fire Marshal

The Executive Session ended at 7:03 p.m.

REGULAR MEETING

CALL TO ORDER

Mayor Averitt called the meeting to order at 7:08 p.m.

INVOCATION/PLEDGE OF ALLEGIANCE

Council Member Jeannine Nunn gave the Invocation, led the Pledge of Allegiance and the Texas Flag Pledge.

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

Open House – The Haltom City Fire Department will be having an Open House on Saturday, October 14th from 10 a.m. to 1 p.m. Activities will include a Kids Safety House and Mini Fire Engine Rides, “Jaws of Life” demonstration, Hands-Only CPR Training, Fire Extinguisher demonstrations, refreshments and giveaways.

Community Projects

Join Keep Haltom City Beautiful on Saturday, September 30th from 9:30 a.m. to 1 p.m. for the Trinity Trash Bash at Little Fossil Park. Online registration available at the city website. If you are interested in serving on the Beautification Board, please fill out an application on the city website.

Everyone is invited to the “Health Fiesta” on Saturday, September 30th from 10:30 a.m. - 2 p.m. at Bethesda Community Church. This family event will offer mammograms, flu vaccines, medical screenings for diabetes, colon cancer, dental and vision screenings all for FREE. Food items and winter coats for children while supplies last, so get there early! Live Tobacco Free! Tarrant County Public Health is offering a FREE 4-week tobacco cessation program in Haltom City beginning Tuesday, October 2nd. Classes will be at the Rec Center from 6 p.m. to 8 p.m. Class size is limited and you must pre-register. More details on the city website.

Haltom Halloween is Saturday, October 28th from 2 to 5 pm at the Haltom City Rec Center. Bounce houses, obstacle courses, face painting, crafts, and more will keep the whole family entertained for Halloween fun. The Costume Contest for ages 2 to 10 begins at 3:30 p.m. The Rec Center is also asking for donations of individually wrapped, non- melting candy to help fill up the bags we give to all children at the event. Anyone donating at least 2 bags of candy will be entered in a drawing to win a $50 Recreation Center gift certificate! All donations are needed by Oct. 21st. Thanks for your help.

HC Senior Center – The Carter Eye Center will be at the Senior Center on Thursday, October 12th from 10 a.m. to 1 p.m. to conduct vision screenings for seniors.

The Aging Mastery Program will be holding classes every Tuesday from 12:30 – 1:45

p.m. starting October 3rd to December 15th. This program encourages mastery, which is developing behaviors that lead to improved health, stronger financial security, and overall well-being. Limited spots are available, donations are appreciated.

Annual Arts & Crafts Fair – The Haltom Senior Center will be hosting its annual Arts and Crafts Fair on Saturday, October 14th from 8 a.m. to 2 p.m. which will feature yard art, holiday wreaths, jewellery, wood crafts, and more. The event will also include a barbeque lunch and a performance by the Ft. Worth Ballet Folklorico.

Public Library - Teen Programs, Family Movie Night, Adult GED Classes and other Library activities are listed on the Library’s website. The Library will be closed for staff training on Friday, October 13th. The annual Howling Halloween will be held Monday, October 30th.

Friends of the HC Public Library made an announcement regarding National Friends of the Library Week, a fundraiser at Applebee’s on October 21st, and thanked the Council for their support of the library.

REGULAR AGENDA

  1. Minutes – Consideration and/or action regarding approval of the Minutes of the meeting of September 11, 2017. Council Member Watkins moved, seconded by Council Member Nunn, to approve the minutes of the September 11, 2017 Council meeting. The vote was unanimous. Motion carried.

  2. Ordinance No. O-2017-022-15 CU-011-17 – Consideration and/or action on the application of David Barber, on behalf of Alrito Properties Corporation, requesting approval of a Conditional Use Permit for office warehouse and contractor’s office (w/shop and garage) uses in the “C-3” Commercial District located on W126.5’ of Lots 1, 2 and 3, Block 32, Meadow Oaks Addition-Haltom, being approximately 0.73 acres south of Broadway Avenue, east of Haltom Road and west of Rita Lane, having the approximate address of 5126 Broadway Avenue (units A-N). 2nd Reading. Interim Planning and Community Development Director Glenna Batchelor presented the ordinance and a discussion was held regarding the non-existent sprinkling system, overnight parking, and signage above the overhead doors. David Barber, of Formation Real Estate, also presented additional information regarding the signage and landscaping. Council Member Fowler moved, seconded by Mayor Pro Tem Truong, to approve Ordinance No. O-2017-022-15 - CU-011-17, with the two previous modifications and recommendations, and the signage will not exceed 1’ x 6’ centered on all the overhead doors – second reading. The vote was unanimous. Motion carried.

  3. Final Plat (P-017-16) – Consideration and/or action on the application of Al Karmali for approval of a final plat creating Lots 2, 3 and 4, Block 1, Haltom Crossing from W. Screech Survey, Abstract 1416, G.B. Stanley Survey, Abstract 1378 and A. Hood Survey, Abstract 682, located in the “C-2/C-3” Commercial Districts, containing approximately 3.911 acres, and locally known as 5020, 5030, and 5040 NE Loop 820. Interim Planning and Community Development Director Glenna Batchelor presented the plat and a discussion was held regarding the change in the flood plain area and the cooperation of the developer. Mayor Pro Tem Truong moved, seconded by Council Member Watkins, to approve Final Plat (P-017-16) on properties located at 5020, 5030, and 5040 NE Loop 820. The vote was unanimous. Motion carried.

  4. Ordinance No. O-2017-025-15 (Z-013-16) – Conduct a public hearing and consideration and/or action on the application of Al Karmali for a Zoning Change request from “C-2/C-3” Commercial District to “PD” Planned Development for all “C-2” uses plus Hotel (excluding extended stay) use located on Lot 2, Block 1, Haltom Crossing, being approximately 2.339 acres east of Haltom Road, north of Northern Cross Boulevard, south of NE Loop 820 and west of Old Denton Road, locally known as 5040 NE Loop 820 – 1st Reading. Interim Planning and Community Development Director Glenna Batchelor presented the ordinance and a discussion was held regarding the status of the agreement with the developer and the EDC. Mayor Averitt opened the Public Hearing at 7:40 p.m. No citizen came forward. Mayor Averitt closed the Public Hearing at 7:41 p.m. Council Member Fowler moved, seconded by Council Member Nunn, to approve Ordinance No. O-2017-025-15 (Z-013-16) – first reading. The vote was unanimous. Motion carried.

  5. Final Plat (P-002-17) – Consideration and/or action on the application of Barry Rolfing for approval of a final plat creating Lot 1, Block 1, Dallas Lite & Barricade Addition from Tracts 19, 19B and 19B1, Abstract 472, John W Elliston Survey, located in the “M-2” Heavy Industrial District, containing approximately 4.685 acres, and locally known as

    2822 North Beach Street. Interim Planning and Community Development Director Glenna Batchelor presented the plat and a discussion was held regarding hours of operation, building façade remodeling, and additional landscaping improvements. Mr. Rolfing addressed the Council to assure the Council of the building façade, roof and wall renovations, and landscape improvements. Council Member Fowler moved, seconded by Mayor Pro Tem Truong, to approve Final Plat (P-002-17) for Dallas Lite and Barricade, Lot 1, Block 1. The vote was unanimous. Motion carried.

  6. Reserve Officers Appointment – Consideration and/or action to approve the resolution to appoint reserve police officers for the City of Haltom City. Police Chief Cody Phillips presented the resolution and the specifics of the reserve service of the officers was discussed. Council Member Grow moved, seconded by Mayor Pro Tem Truong, to approve the resolution to appoint reserved police officers for the City of Haltom City. The vote was unanimous. Motion carried.

  7. Fire Marshal Position – Consideration and/or action regarding approval of Resolution No. R-2017-028-02 amending the definition of “Sworn Employee” (City Charter, Section 11.02) to exclude the Fire Marshal position from the “Sworn Employee” definition. City Manager Keith Lane presented the resolution and a discussion was held regarding the specific amendment change. Council Member Grow moved, seconded by Council Member Watkins, to approve Resolution No. R-2017-028-02 amending the definition of Sworn Employee to exclude the Fire Marshal. The vote was unanimous. Motion carried.

  8. Revision of Ethics Policy – Consideration and/or action to approve Ordinance No. O- 2017-026-01, amending the ethics policy in regard to prohibition of land sales to current or former members of the City Council and the HC EDC, and any of their associated business entities, within a period of ten years. Council Member Walter Grow stated he presented this agenda item to alleviate concerns from citizens concerning the ethics of both the Council and EDC members in regard to future personal land business dealings. A discussion was held regarding the ten-year time restriction, the lack of information for EDC members, available properties owned by both the city and the EDC, the possible abolishment of the 3/8 cent sales tax, and the scheduling of a joint meeting for further discussion on this subject. Council Member Grow moved, seconded by Council Member Watkins, to table this agenda item until a joint meeting with the EDC is held. The vote was unanimous. Motion carried. A joint meeting is scheduled for the second week of October 2017.

    VISITORS/CITIZENS FORUM

    No citizen came forward.

    BOARDS/COMMISSIONS

  9. Resignations of Board Members – Consider approval of the resignations of Board/Commission Members. There were no resignations.

  10. Appointment/Reappointment to Boards and Commissions – Consider approval regarding appointments to Boards/Commissions. Council Member Nunn reappointed Council Member Watkins to the Animal Advisory Committee. The reappointment was approved unanimously with Council Member Watkins abstaining. Mayor Averitt reappointed current members Marilee Wells, Dr. William Anderson, and Marian Hilliard and newly appointed Kevin Cleveland to the Animal Advisory Committee. The reappointments and new appointment were approved unanimously.

    Mayor Averitt reappointed Leticia Aguilar, Sandra Tork, Don Lemaster, and Willis Nelson to the Housing Authority Board. The reappointments were approved unanimously.

  11. Attendance Requirements – Consideration regarding excused absences of Council Members according to Article III, Sec. 3.07 (a). Attendance Requirements of the Haltom City Charter. There were no absences.

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

Mayor Averitt adjourned the meeting at 8:15 p.m. RESPECTFULLY SUBMITTED BY: APPROVED BY:

Art Camacho, City Secretary David Averitt, Mayor