City of
HALTOM CITY

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

March 25, 2019 City Council Minutes

Monday, March 25 2019
7:00 p.m.
City Hall (Council Chambers) - 5024 Broadway Ave. | Haltom City, TX 76117
Haltom City - City Secretary's Office

MINUTES

HALTOM CITY COUNCIL MEETING

March 25, 2019

A Regular Meeting by the City Council of the City of Haltom City, Texas, was held on March 25, 2019, 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 Brent Weast Council Place 5 Bob Watkins

Council Place 6 Ricky Brown 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; Glenna Batchelor, Planning and Community Development Director; and Sidonna Foust, Customer Service Director.

WORKSESSION

CALL TO ORDER - Mayor Averitt called the Worksession to order at 6:02 p.m.

VISITORS/CITIZENS FORUM – The following citizens came forward.

  1. Mario De Hoyas – Inquired of the options to slow down traffic in his neighborhood at Webster Street and Bewley Street.

  2. Steve Vanzant – Presented a testimony of his life prior to his Christian conversion and his current status as the Chaplain for the Haltom City Fire Department.

  3. Delbert Sanders – Asked for an explanation for the high water bill at a relative’s house. Mayor Averitt allowed Customer Service Director Sidonna Foust to present utility water usage indicating a major leak from November 23, 2018 to December 26, 2018, but has since stopped. Mr. Sanders will be discussing the situation with the City Staff.

  4. Beverly Sanders Wise – Inquired of which city law enforcement agency should be handling the speeding motorists on Carson Street and Elliott Reeder Road.

  5. Jayson Steele – Addressed allegations of suspected steroid use against the Haltom City Fire Department, in particular himself being the primary subject of these accusations.

Katie Bowman, of the BISD, addressed the Council in regard to a property acquisition or land use agreement of several adjoining city and EDC properties which are needed for a parking lot and a bridge deployment at Fossil Creek in the area east of the junction of Weaver and McCullar. Mr. Mihn Phan, of the U. S. Census Bureau, and Ms. Jennifer Pope, addressed the Council concerning the U. S. 2020 Census, and also presented a plaque commemorating the partnering efforts of Haltom City towards the 2020 Census.

REPORTS – Monthly Finance Report - Finance Director Jennifer Fung presented the monthly financial report, which included a finishing push on property taxes, controlled expenditures, and a continuing increase in sales tax revenue.

The Worksession ended at 6:58 p.m. No Executive Session was held.

REGULAR MEETING

CALL TO ORDER

Mayor Averitt called the meeting to order at 7:10 p.m.

INVOCATION/PLEDGE OF ALLEGIANCE

Assistant City Manager Rex Phelps gave the Invocation, and Council Member Bob Watkins 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.

  • AARP Tax Break is at the Library on Thursdays until April 9th.

  • The 10th Annual HC Carfest will be held April 6th at the Haltom High School.

  • Haltom Photo Contest deadline is April 8th.

  • Friends Helping Friends will host the 3rd annual “Burgers and Bingo” on April 7th.

  • Senior Citizen Center will host a “Baked Potato and Salad Supper” on April 11th.

CONSENT AGENDA

  1. Minutes – Consideration and/or action regarding approval of the Regular Meeting of March 11, 2019.

  2. Standards of Care – Consideration and/or action to approve Ordinance No. O-2019-009- 10 establishing standards of care for the recreation programs for elementary school age children operated by the City. 2nd reading.

  3. Ordinance No. O-2019-008-11 –Consideration and/or action regarding amending Section 38-4 in the City’s Code of Ordinances to adopt Flood Insurance Rate Maps dated March 21, 2019. 2nd reading.

  4. Ordinance No. O-2019-007-15 (CU-001-19) – Consideration and/or action on the application of Thomas Doyle, on behalf of Tyss Investments, for an amendment to ordinance O-2018- 027-15 a Conditional Use Permit for tire and battery sales store uses in the “M-2” Heavy Industrial District located on Lot 1, Block 1 of the Freeman Addition, being approximately 0.7545 acres on the west side of Denton Highway, locally known as 5837 Denton Highway. 2nd reading.

    Council Member Grow moved, seconded by Council Member Nunn, to approve the Consent Agenda consisting of Items #2 – Minutes; #3 – Standards of Care; #4 – Ordinance No. O- 2019-008-11 – 2nd reading, and Ordinance No. O-2019-007-15 (CU-001-19) – 2nd reading. The vote was unanimous. Motion carried.

    REGULAR AGENDA

  5. Ordinance No. O-2019-010-15 CU-002-19 - Conduct a public hearing and consideration and/or action regarding the approval of an application of Andy Hickson for approval of a Conditional Use Permit for automobile and light truck repair shop in the M-1 - Industrial District located on Lots 1R being approximately 0.3188 acres, 2R being approximately 0.2766 acre. 3R being approximately 0.2860 acres, Block 1 of the Zulu Addition, locally known as 6423, 6427 and 6431 Midway Road. 1st Reading. Planning and Community Development Director Glenna Batchelor presented the ordinance and a discussion was held regarding the parking surface, trash dumpster enclosure, fencing, and enforcement of stipulations. Mayor Averitt opened the Public Hearing at 7:25 p.m. Property owner Andy Hickson answered questions concerning the landscaping, water sprinkler damage and the facility’s use of the new auto and truck repair business. No citizen came forward. Mayor Averitt closed the Public Hearing at 7:30 p.m. Council Member Weast moved, seconded by Mayor Pro Tem Truong, to approve Ordinance No. O-2019-010-15 CU-002-19 – first reading. The vote was unanimous. Motion carried.

  6. Ordinance No. O-2019-011-15 (Z-001-19) – Conduct a public hearing and consideration and/or action regarding the approval of the application of David Sellers for a Zoning Change request from C-2 & C-3 - Commercial District to PD - Haltom City Business Park consisting of Six (6) Subdistricts being located at:

    1. Colonial Park Addition-Haltom, Block 1, Lot 1A1 to be rezoned from C-2 – Commercial for a portion being approximately 3.97 acres to Subdistrict 1 – Commercial/Retail/Hotel and a portion being approximately 8.18 acres to Subdistrict 3 – Employment/Light Industrial, locally known as 4100 North East Loop 820.

    2. Colonial Park Addition-Haltom, Block 1, Lot 2A to be rezoned from C-2 Commercial being approximately 13.44 acres to Subdistrict 3 – Employment/Light Industrial, locally known as 5000 Anderson Boulevard.

    3. Colonial Park Addition-Haltom, Block 2, Lot 1 to be rezoned from C-2 Commercial being approximately 11.16 acres to Subdistrict 2 – Employment/Light Industrial, locally known as 4300 North East Loop 820.

    4. Colonial Park Addition-Haltom, Block 2, Lot 2A to be rezoned from C-2 – Commercial for a portion being approximately 5.8 acres to Subdistrict 2 – Employment/Light Industrial and a portion being approximately 3.08 acres to Subdistrict 6 – Office/Commercial, locally known as 5001 Anderson Boulevard.

    5. Colonial Park Addition-Haltom, Block 6, Lot 1R1A to be rezoned from C-2 Commercial being approximately 9.93 acres to Subdistrict 5 – Office/Commercial, locally known as 4901 Anderson Boulevard.

    6. Colonial Park Addition-Haltom, Block 5, Lot 1R1A to be rezoned from C-3 Commercial being approximately 13.82 acres to Subdistrict 4 – Employment/Light Industrial, locally known as 4250 Northern Cross Boulevard.

      1st Reading. Planning and Community Director Glenna Batchelor presented the agenda item and applicant David Sellers, of LGE Design Group, and Clay Christie, of Clay Moore Engineering, responded to questions regarding the project startup and the no-opposition response. Mayor Averitt opened the Public Hearing at 7:35 p.m. Ms. Jo Garrett approached the Council and inquired about adequate windows, fencing, and drainage from the new building properties to the adjoining neighborhood residents. No other citizen came forward. Mayor Averitt closed the Public Hearing at 7:38 p.m. Council Member Weast moved, seconded by Council Member Grow, to approve Ordinance No. O-2019-011-15 (Z-001-19)

      – first reading. The vote was unanimous. Motion carried.

      CITY STAFF REPORTS

  7. Staff Report to Council/citizens from inquiries from Visitor/Citizen Forum.

    Customer Service Director Sidonna Foust announced Finance Director Jennifer Fung will be retiring and a reception will be held on April 12, 2019 at the Northeast Center.

    FUTURE AGENDA ITEMS

  8. No future agenda items were presented by the Council or Staff.

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    BOARDS/COMMISSIONS/COMMITTEES

  9. Resignations of Board/Commissions/Committee Members – Consider approval of the resignations of Board/Commission/Committee Members. Council Member Thompson presented the resignation of Sue Austin from the Fire Services Board. The vote was unanimous. Motion carried.

  10. Appointment/Reappointment to Boards/Commissions/Committees – Consider approval regarding appointments to Boards/Commissions/Committees. Mayor Pro Tem Truong appointed Francesca Stokes to the Fire Services Board. The vote was unanimous. Motion carried.

    EXCUSED ABSENCE OF COUNCIL MEMBERS

  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. Council Member Grow moved, seconded by Council Member Watkins, to approve the absence of Council Member Ricky Brown. The vote was unanimously approved.

EXECUTIVE SESSION

Mayor Averitt called for an Executive Session at 7:40 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 conflicts of interest, city charter limitations, selection process for design/construction of Fire Station 3, and pending litigation and settlement offers for the following cases:

  • Flynn v. Haltom City EDC

  • James H. Watson v. City of Haltom City

  • Ray Beshirs v. City of Haltom City

  • Amer Ozzie v. City of Haltom City

  • Joe Williamson v. City of Haltom City

  • Nicklaus Forrest v. City of Haltom City

  • John Summers v. City of Haltom City

  • Skyline Mobile Home Park v. 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.

RECONVENE TO REGULAR SESSION

The Council reconvened to Regular Session at 8:46 p.m. Council Member Grow moved, seconded by Council Member Watkins, that the Council, based upon the review of the City Manager, approve the standard pay raise of 3% that was consistent with raises to city employees. The vote was unanimous. Motion carried.

ADJOURNMENT

Mayor Averitt adjourned the meeting at 8:47 p.m. RESPECTFULLY SUBMITTED BY: APPROVED BY:

Art Camacho, City Secretary David Averitt, Mayor