March 12, 2018 City Council Minutes
HALTOM CITY COUNCIL MEETING CITY HALL, 5024 BROADWAY AVENUE
March 12, 2018
A Regular Meeting by the City Council of the City of Haltom City, Texas, was held on March 12, 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 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
Staff Present: Keith Lane, City Manager; Rex Phelps, Assistant City Manager; Wayne Olson, City Attorney; Art Camacho, City Secretary; Glenna Batchelor, Planning and Community Development Director; Jennifer Fung, Finance Director; Christi Pruitt, Parks and Recreation Director; and Greg Van Nieuwenhuize, Public Works Director.
CALL TO ORDER
Mayor Averitt called the Worksession to order at 6:05 p.m. A discussion regarding the subject of nepotism within the boards and commissions was held and the Council will receive information on this subject at the next Council meeting. Peter Hayes, of IDEA Public Schools, gave a PowerPoint presentation, with Executive Director Anna Martinez discussing with the Council and providing comment on the number of schools, operation methods, school locations, college graduation percentage, facility construction, and relations with neighboring independent school districts.
The Council went into Executive Session at 6:47 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, 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 Secretary.
The Council returned to Regular Session at 7:10 p.m. and Mayor Averitt called for a five minute break.
CALL TO ORDER
Mayor Averitt called the meeting to order at 7:15 p.m.
INVOCATION/PLEDGE OF ALLEGIANCE
Assistant City Manager Rex Phelps 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 Library will also include special activities for spring break.
The Carson Street Closing will be closed for 6 months to a year.
Carfest will be held on Saturday, March 24 at the Haltom High School.
In addition to the Announcements, Council Member Nunn stated the Haltom City Public Library received the 2017 Texas Achievement in Library Excellence Award from the Texas Municipal Library Directors Association.
PRESENTATION – Veterans Memorial Committee: Certificate of Recognition
Council Member Nunn, on behalf of the Veterans Memorial Committee, presented Bonnie Richards with a “Certificate of Recognition” in lieu of her and her family’s donation of the front fountain and world globe for the Veterans Memorial. Ms. Richards thanked the Committee and praised the whole community effort in producing the Veterans Memorial.
Minutes – Consideration and/or action regarding approval of the Minutes of the meeting of February 26, 2018. (A. Camacho)
Ordinance No. O-2018-012-15 CU-001-18 – Consideration and/or action on an application of Danny Tarron on behalf of Ron Sturgeon Real Estate requesting approval of a Conditional Use Permit for tattoo studio use in the “PD-C2” Planned Development – Commercial District for all C2 Commercial District uses, containing approximately 1,937 square feet of lease space on Lot 1, Block 1 of the Family Furniture Addition, being approximately 4.03 acres east of Denton Highway and South of Bonner Drive, locally known as 5230 Suite 20 Denton Highway – 2nd Reading (G. Batchelor)
Resolution No. R-2018-005-03 – Consideration and/or action regarding the approval and adoption of the Rate Review Mechanism (RRM) process for Atmos Energy Corporation, Mid-Tex Division. (J. Fung)
Procurement for Pavement Striping Project – Consideration and/or action to authorize the procurement for pavement striping project on Broadway Avenue from N. Beach to Denton Highway thru the City’s Interlocal Purchasing Agreement with the City of North Richland Hills. (G. Van Nieuwenhuize)
Council Member Grow moved, seconded by Council Member Thompson, to approve the Consent Agenda. The vote was unanimous. Motion carried.
Ordinance No. O-2018-014-15 (Z-002-18) – Consideration and/or action to approve the application of Hudson’s Mobile Glass Service, Inc. for a Zoning Change request from “C-3” Commercial District to “PD-C3 Planned Development for all “C-3” uses plus Pawn Shop 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) - 2nd Reading. Planning and
Community Director Glenna Batchelor presented the ordinance and stated a name change had been made for the Certificate of Occupancy to Cash America Pawn. Council Member Fowler commented on the Staff in setting 16 conditions for the zoning change. Mayor Pro Tem Truong moved, seconded by Council Member Thompson, to approve Ordinance No. 2018-014-15 (Z-002-18) – zoning change from “C-3” Commercial District to “PD-C3 Planned Development for all “C-3” uses plus Pawn Shop. Mayor Pro Tem Truong and Council Members Nunn, Thompson, Fowler, Watkins and Brown voted aye. Council Member Grow voted nay. Motion carried.
Standards of Care – Conduct a public hearing and consideration and/or action to approve Ordinance No. O-2018-015-10 establishing standards of care for the recreation programs for elementary school age children operated by the City. 1st Reading. Christi Pruitt, Parks and Recreation Director, presented the ordinance and Mayor Averitt opened the Public Hearing at 7:35 p.m. No one came forward. Mayor Averitt closed the Public Hearing at 7:36 p.m. Council Member Thompson moved, seconded by Council Member Nunn, to approve Ordinance No. O-2018-015-10, first reading. The vote was unanimous. Motion carried.
Mayor Averitt moved Agenda Item #8 ahead of Agenda Item #7.
8. Fort Worth Wastewater Contract – Consideration and/or action to approve the Wholesale Wastewater Services Agreement with the City of Fort Worth and authorize the City Manager to Execute the Agreement. City Manager Keith Lane gave a brief review of a meeting after the last Council consideration of this agenda item and Greg Van Nieuwenhuize, Public Works Director, provided information and data on the current contract. A discussion was held regarding the contract and future growth of the system as more people residing in this area will increase the wastewater demand. Mayor Pro Tem Truong moved, seconded by Council Member Grow, to approve the Fort Worth Wholesale Wastewater Services Agreement with the City of Fort Worth and authorize the City Manager to execute the agreement. Mayor Pro Tem Truong and Council Members Nunn, Grow, Thompson, Watkins, and Brown voted aye. Council Member Fowler voted nay. Motion carried.
The Council went into Executive Session prior to Agenda Item #7 at 8:15 p.m. and returned to Regular Session at 8:47 p.m.
7. 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. Glenna Batchelor, Planning and Community Development Director, presented the ordinance and Mayor Averitt opened the Public Hearing at 8:55
p.m. No one came forward. Mayor Averitt closed the Public Hearing at 8:56 p.m. Council Member Fowler moved, seconded by Council Member Nunn, to continue this agenda item on a later date – the first Council meeting in April (April 9, 2018). The vote was unanimous. Motion carried.
Daren Hudson came forward and voiced his thanks for his zoning case decision, but then stated his displeasure with Mayor Averitt regarding ethics on zoning, property sales and political advice. In addition, he also stated he was not happy with a Council member’s descriptive language of a long-time business and their behavior.
FUTURE AGENDA ITEMS
Discussion on items to be placed on future agendas. No item was presented.
Resignations of Board/Commissions/Committee Members – Consider approval of the resignations of Board/Commission/Committee Members. There were no resignations.
Appointment/Reappointment to Boards/Commissions/Committees – Consider approval regarding appointments to Boards/Commissions/Committees. Council Member Watkins requested approval of Daren Hudson to the Economic Development Corporation, but a question was raised regarding the bylaws in the ratio of Council Members to citizens in EDC membership and will be answered and ready for action at the next Council meeting.
EXCUSED ABSENCE OF COUNCIL MEMBERS
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.
The Council went into Executive Session at 9:03 p.m.
RECONVENE TO REGULAR SESSION
The Council reconvened at 10:07 p.m. Council Member Fowler moved, seconded by Council Member Thompson, to continue with the employment of the City Secretary and provide him with a 2% increase in salary. The vote was unanimous. Motion carried.
Mayor Averitt adjourned the meeting at 10:08 p.m.
RESPECTFULLY SUBMITTED BY: APPROVED BY:
Art Camacho, City Secretary Dr. An Truong, Mayor Pro Tem