October 9, 2017 City Council Minutes
HALTOM CITY COUNCIL MEETING CITY HALL, 5024 BROADWAY AVENUE
October 9, 2017
A Regular Meeting by the City Council of the City of Haltom City, Texas, was held on October 9, 2017, at 7:00 p.m. at City Hall, 5024 Broadway Avenue, Haltom City, Texas, with the following members present:
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 Mayor David Averitt was absent.
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; Sidonna Foust, Customer Services Director, and Jennifer Fung, Finance Director.
CALL TO ORDER
Mayor Pro Tem Truong called the Worksession to order at 6:00 p.m. City Manager Keith Lane presented four different procedures regarding the placement of items on the agenda and this will be discussed further. There were no questions regarding the Regular Agenda. The Council went into Executive Session at 6:13 p.m.
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
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.
The Executive Session ended at 6:32 p.m.
CALL TO ORDER
Mayor Pro Tem Truong called the meeting to order at 7:08 p.m.
INVOCATION/PLEDGE OF ALLEGIANCE
Council Member Walter Grow gave the Invocation, led the Pledge of Allegiance and the Texas Flag Pledge.
ANNOUNCEMENTS/EVENTS – City Secretary Art Camacho read the following:
Open House for the Fire Department will be held on October 14th.
Haltom Halloween will be on Saturday, October 28th at the HC Rec Center.
Youth Basketball registration will be October 16th to November 22nd.
Live Tobacco Free is continuing at the Rec Center through October 24th.
HC Senior Center will be visited by the Carter Eye Center on October 12th.
Public Library activities from the website and the annual Howling Halloween will be held on Monday, October 30th.
Carson Street Bridge Closings will be forthcoming and the information will be posted on the city website.
The Crud Cruiser will be at the parking lot of the Public Library on Saturday, October 28th.
Minutes – Consideration and/or action regarding approval of the Minutes of the meeting of September 25, 2017. Council Member Fowler moved, seconded by Council Member Grow, to approve the minutes of the September 25, 2017 Council meeting. The vote was unanimous. Motion carried.
Reimbursement Resolution – Consideration and/or action to approve Resolution No. R-2017-027-03 establishing the city’s intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various city improvements from the proceeds of tax-exempt obligations to be issued by the city for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date. Finance Director Jennifer Fung presented the resolution and Council Member Grow moved, seconded by Council Member Fowler, to adopt a resolution relating to establishing the city’s intention to reimburse itself from the prior lawful expenditure of funds. The vote was unanimous. Motion carried.
Ordinance No. O-2017-025-15 (Z-013-16) –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 – 2nd Reading. Interim Planning and Community Development Director Glenna Batchelor presented the second reading and a discussion was held regarding the timeline of the project. Council Member Fowler moved, seconded by Council Member Watkins, to approve Ordinance No. O-2017-025-15 (Z-013-16) – second reading. The vote was unanimous. Motion carried.
Replat (P-013-16) - Consider action on the application of Kevin Duvall for approval of a replat creating Lot 2R, Block 3, Huntington Park Addition from Lots 2, 3 and 4, Block 4, Huntington Park Addition, located in the “C-3” Commercial District, containing approximately 2.54 acres, and locally known as 5180 Western Center Boulevard. Interim Planning and Community Development Director Glenna Batchelor presented the replat and a discussion was held regarding the building capacity and parking lot area. Mayor Pro Tem Truong opened the Public Hearing at 7:16 p.m. and Kevin Duvall, Pastor of Victory Life Pentecostal Church, provided additional information regarding their current status and future development plans. No other citizen came forward. Mayor Pro Tem Truong closed the Public Hearing at 7:19 p.m. Council Member
Watkins moved, seconded by Council Member Nunn, to approve Replat (P-013-16).
The vote was unanimous. Motion carried.
Ordinance No. O-2017-021-15 Z-007-17 – Reconsider action on the application of Hudson’s Mobile Glass Service, Inc. for a Zoning Change request from “C-3” Commercial District to “C-4” Commercial District located on Lot 4 W54’3, Block 3, Earles Addition, being approximately 0.3928 acres located north of NE 28th Street and east of Harris Lane, locally known as 4803 NE 28th Street (TAD shows 4807 NE 28th Street). Interim Planning and Community Development Director Glenna Batchelor gave a review of the previous action concerning this agenda item and a discussion was held regarding the allowable zoning for pawn shop businesses and a statement by Mayor Averitt in opposition to this agenda item was read by City Manager Keith Lane. Council Members Nunn and Grow also spoke against the approval of the application. Mayor Pro Tem Truong opened the Public Hearing at 7:46 p.m. and Ryan Mojahed and Chuck Mitchell, of Cash Pawn America, both approached the Council in regard for reconsideration of the application, citing building improvements to be made on their current site and the proposed property, and also their company policy on acceptance of items that may be deemed questionable on their legitimacy. Darren Hudson, of Hudson’s Mobile Glass, also addressed the Council on not coming forward at the last Council meeting concerning this application and thought it unnecessary when it was approved unanimously by the Planning and Zoning Commission. He also stated his intent on improving the building he is wanting to acquire. A discussion was held on a zoning change from a “C-3” to a “PD” (Planned Development). Mayor Pro Tem Truong closed the Public Hearing at 8:15 p.m. Council Member Watkins moved, seconded by Council Member Fowler, to deny the case without prejudice and allow the applicant to reapply as a Planned Development. Council Members Watkins and Fowler voted aye. Mayor Pro Tem Truong and Council Members Nunn, Grow and Brown voted nay. Motion failed.
Animal Advisory Committee Amendment – Conduct a public hearing and consideration and/or action to approve Ordinance No. O-2017-027-01 amending the Animal Advisory Committee – 1st Reading. City Manager Keith Lane presented the ordinance and Mayor Pro Tem Truong opened the Public Hearing at 8:23 p.m. No one came forward. Mayor Pro Tem Truong closed the Public Hearing at 8:24 p.m. Council Member Watkins moved, seconded by Council Member Grow, to approve Ordinance No. O-2017-027-01 – first reading. The vote was unanimous. Motion carried.
Waste Connections Rate Increase – Consideration and/or action to approve a rate increase for Waste Connections, effective November 1, 2017. Council Member bob Watkins recused himself from this item because of his business affiliation with Waste Connections. Sidonna Foust, Customer Service Director, presented the agenda item and Norm Bulaich, Waste Connections Service Representative, also provided additional information. A discussion was held regarding the 3% projected increase. Council Member Fowler moved, seconded by Council Member Grow, to approve the rate increase for Waste Connections in the amount of 3% for commercial and residential rates for waste services. The vote was unanimous, with Council Member Watkins recused from the voting. Motion carried. Council Member Watkins returned to the Council dais.
Citizen David Dang addressed the Council in regard to his projected business park expansion and the expected retail revenue. He also expressed thanks and regards
toward a contribution to the Veterans Memorial project with a possible special recognition to the Vietnam War. Members of the Tarrant County Vietnamese Community - Diem Ho, Chairman, and members Chow Pham, Tuyet Pham, Hieu (Tony) Nguyen – also came forward to express their thanks to Haltom City and also expressed a tribute toward recognition at the Veterans Memorial.
Resignations of Board Members – Consider approval of the resignations of Board/Commission Members. There were no resignations.
Appointment/Reappointment to Boards and Commissions – Consider approval regarding appointments to Boards/Commissions. Council Member Watkins moved to reappoint David Averitt, Trae Fowler, and Don Jury to the EDC. The reappointments were approved unanimously with Council Member Fowler abstaining.
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 to have Mayor Averitt’s absence excused. The absence was excused unanimously.
There was no Executive Session.
Mayor Pro Tem Truong adjourned the meeting at 8:47 p.m. RESPECTFULLY SUBMITTED BY: APPROVED BY:
Art Camacho, City Secretary David Averitt, Mayor