City of
HALTOM CITY

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

October 14, 2019 City Council Minutes

Monday, Oct 14 2019
City Hall (Council Chambers) - 5024 Broadway Ave. | Haltom City, TX 76117
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Haltom City - City Secretary's Office | Haltom City Public Works

MINUTES

HALTOM CITY

CITY COUNCIL MEETING

October 14, 2019

 

A Regular Meeting by the City Council of the City of Haltom City, Texas, was held on October 14, 2019, at 7:00 p.m. at City Hall, 5024 Broadway Avenue, Haltom City, Texas, with the following members present:

Mayor An Truong Mayor Pro Tem Lin Thompson

Council Place 1 Marian Hilliard Council Place 4 Brent Weast

Council Place 5 Susan Soule Council Place 6 Ricky Brown Council Place 7 Gaye Vanzant

Council Place 2 Walter Grow was absent.

Staff Present: Keith Lane, City Manager; Rex Phelps, Assistant City Manager; Alicia Kreh, City Attorney; Art Camacho, City Secretary; Glenna Batchelor, Planning and Community Development Director; Sidonna Foust, Finance Director; Jennifer Fung, Financial Consultant; and Greg Van Nieuwenhuize, Public Works Director.

WORKSESSION

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

VISITORS/CITIZENS FORUM – The following citizens came forward:

  1. Bob Watkins - Commented on the friendliness of the Council to the community and requested the Visitor/Citizen Forum be moved to a different place in the meeting.

  2. Terri Grizzelle and Brenda Groschup, of the Friends of the Library, presented adult coloring books designed by the Haltom High School Art Class for sale at $10.00.

  3. Dan Bennett presented information regarding the Tarrant Appraisal District resolution for the Board of Directors casting of ballots and endorsed candidate Gary M. Losada.

Debt Overview Presentation - Mark McLiney, with SAMCO, presented a PowerPoint illustrating the debt shift in the Haltom City bonds concerning options for financing future projects through General Obligation Bonds. In addition, he presented information regarding Certificates of Obligation, the pros and cons for each bond system, and a sample of projected payments on a proposed $35,000,000 debt. A discussion was held on the debt service, existing debt, the ability to raise funding through bonds without raising the tax rate, ADA compliant issues, and future projects that the Council will need to consider funding through bonds.

The Worksession ended at 6:58 p.m.

REGULAR SESSION

CALL TO ORDER

Mayor Truong called the meeting to order at 7:07 p.m.

INVOCATION/PLEDGE OF ALLEGIANCE

Assistant City Manager Rex Phelps gave the Invocation and Council Member Brent Weast 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 is hosting the following Halloween events: Teen Monster Mash Makeup Tutorial – Oct. 18th; Halloween Costume Swap – Oct. 19th; Pumpkin Decorating Contest

    – Oct. 26th; Hoowwling Halloween – October 30th.

  • Haltom City PD is hosting a DEA “National Take-Back Day” on Saturday, Oct. 26th.

  • The Rec Center is holding a Halloween candy drive until October 21st.

  • North Tarrant Express Mobility Partners will closing the WB Loop 820 Frontage Road between Haltom Road and Denton Hwy on Thursday, October 17th.

PRESENTATION – Firefighter Veterans Recognition Awards – Haltom Senior Center. Deputy Fire Chief Fred Napp presented a Veterans Recognition Award to Fire Lieutenant Chris Anderson, who served in the Navy; Firefighter Paul Briscoe, who also served in the Navy; and Lieutenant Joe Brewer, who served as an Army Ranger. Mayor Truong also expressed his desire to honor citizens and staff in a Council Meeting who have achieved recognition or any veterans who may have passed away in Haltom City.

REPORTS

  1. Review of the quarterly investment report for the quarter ending September 30, 2019. Financial Consultant Jennifer Fung presented the quarterly financial report which included a higher interest rate and maturity distribution over 30 days and a lower number in the unemployment rate. No questions were asked.

    CONSENT AGENDA

    Consent Agenda Items #3 – Ordinance No. O-2019-025-15 (Z-009-19), #4 – Resolution No. R-2019-025-03 Contingent Fee Contract for Collection of Delinquent Government Receivables, #5 – Resolution No. R-2019-024-03 Contingent Fee Contract for Collection of Delinquent Taxes – were moved to the Regular Agenda for further discussion.

  2. Minutes – Consideration and/or action regarding approval of the Minutes of September 18, 2019 Joint Meeting with EDC, September 23, 2019 Regular Meeting, and September 30, 2019 Workshop with Public Works.

6. Resolution No. R-2019-023-04 – Consideration and/or action to approve the submission of a FY DJ17-PY20 grant application with the Criminal Justice Department of the Governor’s Office for the Radio Interoperability Project.

Council Member Weast moved, seconded by Mayor Pro Tem Thompson, to approve the Consent Agenda of Items #2 and #6. The vote was unanimous. Motion carried.

REGULAR AGENDA

  1. Ordinance No. O-2019-025-15 (Z-009-19) – (Tabled from the last meeting) Consideration and/or action to approve the application of Ron Sturgeon for an amendment to Ordinance No. O-2014-016-15 to amend the text of the “PD-C-2” Planned Development Commercial District to include automobile and light truck repair shop, banquet hall, catering and food trucks on Lot 1, Block 1 of the Family Furniture Addition, being 4.03 acres located north of Northeast Loop 820 Highway and east of Denton Highway, locally known as 5230 Denton Highway – 2nd Reading. Planning and Community Development Director Glenna Batchelor presented the agenda item and Mayor Pro Tem Thompson read a list of requirements for a special event center food trucks for the planned development and a discussion was held regarding the enforcement of this criteria. James Pliska, of Pliska Consultants, and Jim Eaton, of Ron Sturgeon Properties and Real Estate, LLC, provided additional information and agreed to be in compliance. A discussion was held regarding the repair shop building configuration, the prohibiting of parked vehicles after work hours, and the adherence to the specifics of the planned development. Council Member Weast moved, seconded by Council Member Soule, to approve Ordinance No. O-2019-025-15 (Z-009-19) with the following amendments that include the letter (list of special events center food trucks for PD) presented by Mayor Pro Tem Thompson, and removing the auto repair shop from the allowed uses – second reading. The vote was unanimous. Motion carried.

  2. Resolution No. R-2019-025-03 Contingent Fee Contract for Collection of Delinquent Govt. Receivables - Consideration and/or action to ratify and reapprove with the procedures now effective in Government Code Section 2254.1036 the contingent fee contract with Perdue, Brandon, Fielder, Collins and Mott, LLP pursuant to Article 103.0031 of the Code of Criminal Procedure, said contract being for the

    collection of delinquent government receivables owed to City of Haltom City. City Manager Keith Lane presented the resolution and stated that because the contracts with Perdue, Brandon, Fielder, Collins, and Mott, LLP were approved in September 2019 instead of August 2019, there was some wording missing from the contracts that was pursuant to the new state legislation required after September 1, 2019. The wording and required notices have been placed in the new contracts for Council approval. A discussion of how the collection fees are calculated and the cost charge involved was held. Finance Director Sidonna Foust stated the cost is based on a percentage of the fine and charges and City Manager Lane confirmed the amount was 20%. Council Member Hilliard moved, seconded by Mayor Pro Tem Thompson, to approve Resolution No. R-2019-025-03 to renew the contract with Perdue, Brandon, Fielder, Collins, and Mott, LLP for the collection of delinquent government receivables. The vote was unanimous. Motion carried.

  3. Resolution No. R-2019-024-03 Contingent Fee Contract for Collection of Delinquent Taxes – Consideration and/or action to ratify and reapprove with the procedures now effective in Government Code Section 2254.1036 the contingent fee contract with Perdue, Brandon, Fielder, Collins and Mott, LLP pursuant to Tax Code §6.30, said contract being for the collection of delinquent taxes owed to City of Haltom City. Council Member Hilliard moved, seconded by Mayor Pro Tem Thompson, to approve Resolution No. R-2019-024-03 to renew the contract with Perdue, Brandon, Fielder, Collins, and Mott, LLP for the collection of delinquent taxes. The vote was unanimous. Motion carried.

  4. Refund Bonds – Consideration and/or action to authorize SAMCO Capital Markets and the City Staff to proceed with the refunding of Certificates of Obligation, Series 2010. Finance Director Sidonna Foust introduced Mark McLiney, of SAMCO Capital Markets, who reviewed the current Certificates of Obligation status and proceeded to show how refunding the GOP Bonds from 2010 within the ninety-day window would be able to save the city an amount of $184,973. A discussion was held regarding the ending date of the bonds to not be extended. Council Member Brown moved, seconded by Council Member Weast, to authorize SAMCO Capital Markets to proceed with the refunding of Certificates of Obligation, Series 2010. The vote was unanimous. Motion carried.

  5. Ordinance No. O-2019-028-01 - Conduct a Public Hearing and consideration and/or action to approve Ordinance No. O-2019-028-01, amending Chapter 62, Occupational Licenses and Regulations Amendment, Article VII, Garage Sales. 1st Reading. Planning and Community Development Director Glenna Batchelor presented the ordinance and a discussion was held regarding sales items being purchased new from another source, the garage sale being listed under address and not names, and the permit being applied to the door and not a yard sign. Mayor Truong opened the Public Hearing at 8:20 p.m. Citizen Bob Watkins came forward and inquired about consignment sales being conducted in conjunction with a garage sale. Mayor Truong closed the Public Hearing at 8:22 p.m. Council Member Weast moved, seconded by Mayor Pro Tem Thompson, to approve Ordinance No. O-2019-028-01 amending Chapter 62, Occupational Licenses and Regulations Amendment – first reading. Mayor Pro Tem Thompson and Council Members Weast, Soule, Brown and Vanzant voted aye. Council Member Hilliard voted nay. Motion carried.

  6. P-012-19 – Conduct a Public Hearing and consideration and/or action on the application of Jesus Murillo for the Preliminary Plat of Lot 1, Block 1 of the Murillo Addition located in the “SF-2” Single Family Residential District, containing approximately 0.916 acres of land, locally known as 3048 Layton Avenue. Planning and Community Director Glenna Batchelor presented the preliminary plat, which also corresponds to the final plat on the next agenda item. Mayor Truong opened the Public Hearing at 8:24 p.m. for both the preliminary plat and final plat. No one came forward. Mayor Truong closed the Public Hearing at 8:25. Council Member Brown moved, seconded by Council Member Weast, to approve the Preliminary Plat P-012-19. The vote was unanimous. Motion carried.

  7. 10. P-013-19 – Conduct a Public Hearing and consideration and/or action on the application of Jesus Murillo for the Final Plat of Lot 1, Block 1 of the Murillo Addition located in the “SF-2” Single Family Residential District, containing approximately 0.916 acres of land, locally known as 3048 Layton Avenue. Planning and Community Director Glenna Batchelor had previously presented the information on this item with the prior agenda item. Council Member Brown moved, seconded by Council Member Vanzant, to approve Final Plat P-013-19. The vote was unanimous. Motion carried.

  8. 11. P-017-19 – Conduct a Public Hearing and consideration and/or action regarding the application of Birdville I.S.D. for a Preliminary Plat of Lot 1, Block 1 of the Haltom Middle School Addition situated in the J.W. Elliston Survey, Abstract No. 472 and being a Preliminary replat of all Lots 1 thru 5, Block 1, Meadow Oaks West, containing approximately 16.809 acres of land, locally known as 5000 Hires Lane. Planning and Community Director Glenna Batchelor presented the application, which will also be used for the next agenda item of the Final Plat. Mayor Truong opened the Public Hearing at 8:28 p.m. No one came forward. Mayor Truong closed the Public Hearing at 8:29 p.m. Mayor Pro Tem Thompson moved, seconded by Council Member Soule, to approve the Preliminary Plat of P-017-19. The vote was unanimous. Motion carried. Council Member Brent Weast recused himself due to a conflict of interest.

  9. P-018-19 – Conduct a Public Hearing and consideration and/or action regarding the application of Birdville I.S.D. for a Final Plat of Lot 1, Block 1 of the Haltom Middle School Addition situated in the J.W. Elliston Survey, Abstract No. 472 and being a Final replat of all Lots 1 thru 5, Block 1, Meadow Oaks West, containing approximately 16.809 acres of land, locally known as 5000 Hires Lane. Planning and Community Director Glenna Batchelor had previously presented the information on this item with the prior agenda item. Council Member Vanzant moved, seconded by Mayor Pro Tem Thompson, to approve Final Plat P-018-19. The vote was unanimous. Motion carried. Council Member Brent Weast recused himself due to a conflict of interest.

  10. 13. P-019-19 – Conduct a Public Hearing and consideration and/or action regarding the Application of John Cox, on behalf of Abb Pham Properties, LLC., for a Final Plat of Lot 2, Block 5 of the Colonial Park Addition located in the “C-3” Commercial District, containing approximately 4.14 acres of land, locally known as 4900 Anderson Boulevard. Planning and Community Director Glenna Batchelor presented the information and a question was asked about the opposition, which none was reported. Mayor Truong opened the Public Hearing at 8:34 p.m. No one came forward. Mayor Truong opened the Public Hearing at 8:35. Council Member Weast moved, seconded by Mayor Pro Tem Thompson, to approve Final Plat P-019-19. The vote was unanimous. Motion carried.

CITY STAFF REPORTS

A schedule of outstanding debt was presented, with the debt loss shown.

FUTURE AGENDA ITEMS

  1. Discussion on items to be placed on future agendas. Council Member Vanzant requested two things: (1) A sign be erected on the property of a new incoming business.

    (2) A review of the ordinances for code violations. She presented a list of questions regarding code enforcement, zoning, residential traffic, businesses operating out

    residential homes, lawn maintenance, and fines collected. Council Member Hilliard asked about our local pavement management program and also why plats are also reviewed by the Council after passage from the Planning and Zoning. Assistant City Manager Rex Phelps stated several workshops will be considered for these issues.

    BOARDS/COMMISSIONS/COMMITTEES

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

  3. Appointment/Reappointment to Boards/Commissions/Committees – Consider approval regarding appointments to Boards/Commissions/Committees. Council Member Weast appointed Amanda Hughes to the Library Board. The appointment was approved unanimously.

    EXCUSED ABSENCE OF COUNCIL MEMBERS

  4. Attendance Requirements – Consideration regarding excused absences of Council Members according to Article III, Sec. 3.07 (a). Attendance Requirements of the Haltom City Charter. Mayor Pro Tem Thompson moved, seconded by Council Member Vanzant, to approve the absence of Council Member Grow. The absence was approved unanimously.

    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

    • 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, and including George Akers Survey, Abstract 30, Tract 24D.

      The Council went into Executive Session at 8:51 p.m.

      RECONVENE TO REGULAR SESSION

  5. Take any action deemed necessary as a result of the Executive Session.

The Council reconvened at 9:03 p.m. No action was taken. Council Member Vanzant expressed her thanks to the unity and effort of the whole Council.

ADJOURNMENT

Mayor Truong adjourned the meeting at 9:05 p.m.

RESPECTFULLY SUBMITTED BY: APPROVED BY:

 

Art Camacho, City Secretary An Truong, Mayor