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HALTOM CITY

5024 Broadway Ave.
Haltom City, TX  76117
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February 10, 2020 City Council Minutes

Monday, Feb 10 2020
City Hall (Council Chambers) - 5024 Broadway Ave. | Haltom City, TX 76117
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MINUTES

HALTOM CITY

CITY COUNCIL MEETING

February 10, 2020

 

 

A Regular Meeting by the City Council of the City of Haltom City, Texas, was held on February 10, 2020, 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 2 Walter Grow Council Place 4 Brent Weast

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

Council Place 1 Marian Hilliard was absent.

Staff Present: Rex Phelps, City Manager; Sidonna Foust, Assistant City Manager; Wayne Olson, City Attorney; Art Camacho, City Secretary; Glenna Batchelor, Planning and Community Development Director; Brian Jacobs, Fire Chief; Cody Phillips, Police Chief, David Klopfenstein, IT Director, and Greg Van Nieuwenhuize, Public Works Director.

WORKSESSION

CALL TO ORDER - Mayor Truong called the Worksession to order at 6:00 p.m.

Dave Barrett, of Texas Community Group, LLC, gave a presentation of his company’s diversified approach to assisting cities with foreclosed properties and how they can provide data that can aid in recovering lien expense.

VISITORS/CITIZENS FORUM

Bob Watkins requested the Visitors/Citizen Forum be put in the Regular Session. Kathryn Gunter commented on the closing of the Kroger store. No other citizen came forward.

Mayor Truong closed the Worksession at 6:35 p.m. and called for an Executive Session.

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 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, 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

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.

Mayor Truong closed the Executive Session at 6:50 p.m.

REGULAR SESSION

CALL TO ORDER

Mayor Truong called the meeting to order at 7:00 p.m., noted the absence of Council Member Marian Hilliard, and introduced Rex Phelps as City Manager, Sidonna Foust as the new Assistant City Manager, and David Klopfenstein as the new IT Director.

INVOCATION/PLEDGE OF ALLEGIANCE

Fire Chaplain Steve Vanzant gave the Invocation and Scout Walt Gunter 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

  • GED Study Classes are held Tuesday and Thursday from 5:00 – 8:00 p.m.

  • AARP Tax Preparation Assistance – Thursdays – 12-3 p.m. – registration is required

  • Computer Classes in both English and Spanish are at the Library

  • Central Fire Station is organizing a fundraiser for disaster relief for Puerto Rico

  • Early Voting for the Federal election begins on Feb. 18th at forthcoming locations

  • Spring Break camp registration is underway until March 2nd

  • Soccer Registration ends February 29th for ages four and up

  • City Hall and other facilities will be closed Monday, February 17th for President’s Day

  • Friends Helping Friends will host a Burgers-n-Bingo on Saturday, March 21st

  • Hadley Street will be closed beginning next Wednesday for storm drainage work

CONSENT AGENDA

  1. Minutes – Consideration and/or action regarding approval of the Minutes of January 20, 2020 and January 27, 2020.

  2. Ordinance No. O-2020-003-15 (CU-001-20) – Consideration and/or action regarding approval of Ordinance No. O-2020-003-15 on the application of Michael Woods for a Conditional Use Permit for Commercial Amusement (indoors) in the “C-3” Commercial District, containing approximately 5,811 square feet of lease space on Lot 1RA1, Block 1 of the Fossil Creek Park Addition, with a property address being 5600 Denton Highway and a unit address being 5620 Denton Highway – 2nd Reading.

  3. Ordinance No. O-2020-004-15 (CU-002-20) – Consideration and/or action regarding approval of Ordinance No. O-2020-004-15 on the application of Kyle Lapointe for consideration of a Conditional Use Permit for manufacturing and assembling operations of commodities including large steel and outdoor storage of construction materials in the “M-2” Heavy Industrial District located on Lot G1, Block 1 of the Fortex Industrial Complex Addition and Tract 20D of the George Akers Survey, A-30, being approximately 4.894 acres north of Midway Road and east of Minnis Drive, having the approximate address of 2528 Minnis Drive – 2nd Reading.

  4. Ordinance No. O-2020-005-15 – Consideration and/or action to approve Ordinance No. O- 2020- 005-15, vacating 1.89 acres of Street Right-of-Way in the George Akers Survey, Abstract 30, Tract 24D. – 2nd Reading

  5. Tarrant County Multi-Jurisdiction Mitigation Plan – Consideration and/or action to approve Resolution No. R-2020-003-05 to allow for federal and state funds to be obtained through the Disaster Mitigation Act.

    Council Member Grow thanked the Fire Department on behalf of their efforts concerning a fire at the Diamond Oaks neighborhood and requested Fire Chief Brian Jacobs comment on the Mitigation Plan. Chief Jacobs explained further the benefits of the plan in regard to receiving federal and state funding and the unified efforts of the neighboring cities. Council Member Grow moved, seconded by Council Member Weast, to approve the Consent Agenda consisting of Agenda Items #1 through #5. The vote was unanimous. Motion carried.

    REGULAR AGENDA

  6. Ordinance No. O-2020-001-03 – May 2020 Special Election –Consideration and/or action regarding approval of Ordinance No. O-2020-001-03 calling for a Special Election in conjunction with the General Election on May 2, 2020 to submit a proposition on the question

    of the continuation of the sales and use tax under the provisions of the Texas Tax Code to maintain and repair municipal streets. – 2nd Reading. Assistant City Manager Foust broke down the two cent tax amounts and stated the ordinance requires a tax expiration date for final approval. Council Member Grow moved, seconded by Council Member Soule, to approve Ordinance No. O-2020-001-03 calling for a special election for the street maintenance tax for a period of ten (10) years until the next election renewal. The vote was unanimous. Motion carried.

  7. Resolution No. R-2020-004-01 – Consideration and approval of a resolution relating to establishing the City’s intention to reimburse itself for the prior lawful expenditure of funds up to $6,000,000 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. Assistant City Manager Foust presented the resolution and Mayor Truong opened the item for a Public Hearing. Citizen Charlie Roberts asked about the unexpected reimbursement and expenses involved. Market Financial Advisor Andrew Friedman, of SAMCO Capital, explained the tax-exempt obligation issue with the city in that it is required to satisfy the IRS and they have options on how and what to dedicate these funds, including expenses. Mr. Roberts also inquired of whether the $6,000,000 allocated to the parks is in addition to the $1,000,000 already allocated in the budget. Assistant City Manager Foust stated that no money would be spent ahead of the bond issuance, but that it would be allocated toward capital projects. In addition, City Manager Phelps provided additional information regarding expenses involved with the total expenditure of the bond. Council Member Grow moved, seconded by Council Member Soule, to approve Resolution No. R-2020-004-01 for the reimbursement. The vote was unanimous. Motion carried.

  8. Resolution No. R-2020-005-01 – Consideration and approval of a resolution relating to establishing the City’s intention to reimburse itself for the prior lawful expenditure of funds up to $20,000,000 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. Assistant City Manager Foust presented the resolution and Mayor Truong opened the item for a Public Hearing. Citizen Trae Fowler inquired of Agenda Item #6 concerning the street maintenance tax and whether it was going to involve the whole two cents of sales tax, but was informed it was only to renew the three-eighths cent tax. He also asked why there was no bond committee regarding the bond proposal. City Manager Phelps responded that a bond committee would be needed for a city hall bond proposal, but since the needs of a law enforcement center haven’t changed since the last bond proposition, a bond committee was not needed. Mr. Fowler also stated that he thought the bond proposal for the law enforcement center would not be a ballot proposition until November and inquired of when the Council had met to change the time for a bond proposal. Mayor Truong stated that the agenda had been properly posted to include this item for discussion and voting. No other citizen came forward. Council Member Grow moved, seconded by Council Member Weast, to approve Resolution No. R-2020-005-01 for a reimbursement resolution for tax exempt obligations. The vote was unanimous. Motion carried.

  9. Ordinance No. O-2020-006-01 - Bond Election – Consideration and approval of an ordinance calling a bond election to be held by the City of Haltom City – 1st and only Reading. Assistant City Manager Foust presented the ordinance and a PowerPoint showing the project renderings, and also stated this debt could be assessed without any tax increases, but holding off until a later time will result in an increase in construction costs. Police Chief Cody Phillips provided additional information concerning security issues, ventilation problems, and additional room for police officers and evidence room. Mayor

    Truong also commented on the bond proposition and opened the item for a Public Hearing. Citizen Kathryn Gunter stated if the public will receive information on the projected facility prior to the election. Citizen Charlie Roberts inquired of what specific businesses were not pursuing development in Haltom City because of the condition of City Hall. He also questioned whether the $20,000,000 bond proposition could be used for better investment choices in comparison to neighboring city efforts. Mr. Friedman stated that the funds situated in the bond are restricted for specific items. Citizen Trae Fowler inquired the following: of whether Senate Bill 2 was the reason to acquire new debt; did the new bond amount cover demolition; and should the city focus on salaries and adequate hiring instead of facilities. He also stated that City Hall doesn’t have that much of an influence to prevent development. Assistant City Manager Foust commented that Senate Bill 2 tax rate cap does not apply to the I & S part of the debt, but only to the M & O side. Council Member Weast stated “I, Brent Weast, move to adopt Ordinance No. O-2020-006-01 of the City of Haltom City, Texas calling a bond election with Proposition A in the amount of $20,000,000.” Mayor Pro Tem Thompson seconded the motion. The vote was unanimous. Motion carried.

  10. Resolution No. R-2020-006-01A (Perez) - Resolution No. R-2020-006-01B (Ramirez) - Consideration of a Resolution of City of Haltom City Approving the Sale of Certain Real Property Acquired at a Delinquent Tax Foreclosure Sale, Cause No. 236-E13952-98, Lot 3, Lot 11A, Block B, West Browning Addition, 4333 Monna Street, Haltom City, TX 76117. Elizabeth Calvo, of Perdue Brandon, presented the resolution and results of the property bids. Council Member Vanzant moved, seconded by Mayor Pro Tem Thompson, to approve Resolution No. R-2020-006-01A. The vote was unanimous. Motion carried.

  11. Resolution No. R-2020-007-01 - Consideration of a Resolution of City of Haltom City Approving the Sale of Certain Real Property Acquired at a Delinquent Tax Foreclosure Sale, Cause No. 236-L21492-04, Lot 17A, Spencer Place Addition, 2106 N. Beach St., Haltom City, TX 76111. Elizabeth Calvo, of Perdue Brandon, presented the resolution and results of the property bids. Council Member Grow moved, seconded by Council Member Soule, to approve Resolution No. R-2020-007-01. The vote was unanimous. Motion carried.

  12. Engineering Agreement – Consideration and/or action to approve an Agreement for Engineering Services with Halff Associates, Inc. for the Carson Street Bridge and Little Fossil Creek Channel Improvements Mapping Study and Utility Casing Removal. Public Works Director Greg Van Nieuwenhuize presented the service agreement and Dennis Haar, with Halff Associates, was also available for additional information. A discussion was held regarding the delay of project work by the fiber line company in their relocation of their lines, the amount of over-budget spending, and the improvement of the properties in this flood plain. Mayor Truong opened up for citizen comments and Citizen Don Lemaster asked if the previous bond had taken care of the flooding situation and was informed that when the bond was conceived, it would have taken care of the situation, but with the needed land acquisitions to complete the project, the amount has fallen short. No other citizen came forward. Council Member Grow moved, seconded by Mayor Pro Tem Thompson, to approve and award the engineering agreement for the Carson Street Bridge and Little Fossil Creek Channel Improvements Mapping Study and Utility Casing Removal with Halff Associates. The vote was unanimous. Motion carried.

  13. Development Agreement – Consideration and/or action to approve a Facilities Agreement for the development of the Colonial Park Addition, Phase II (Block 1: Lots 1 – 2, Block 2: Lots 1 – 2 and Block 5: Lot 1). Public Works Director Greg Van Nieuwenhuize presented the agreement and Clay Christie, of LGE, was also available for information. A discussion was held regarding the sprinkling system with additional water pumps, and the timeline of January 2021. Council Member Grow moved, seconded by Mayor Pro Tem Thompson, to approve the development agreement of the Colonial Park Addition, Phase II (Block 1: Lots 1 – 2, Block 2: Lots 1 – 2 and Block 5: Lot 1 The vote was unanimous. Motion carried.

  14. 14. (P-004-20 – Final Plat) – Conduct a Public Hearing and consider action on the application of John Pitstick, on behalf of Beaten Path, LLC., for a final plat for Lots 1-8, OS9, & 10-13, Block A, Lots OS1, 2-12, OS13, 14-24, OS25, 26 & OS27, Block B, Lots OS1, 2-6 & OS7, Block C, Lot OS1, Block D, Lots 1-5, OS6, 7-15, OS16 & 17-26, Block E, Lots OS1, 2-9, OS10, 11-24, OS25, 26-47 & OS48, Block F of the Heritage Village Final Plat, containing approximately 11.182 acres of land situated within the William Screech Survey, Abstract No. 1416 and also being a portion of the Heritage Village Preliminary plat of 412 Lots, Blocks A- Z and AA. Planning and Community Director Glenna Batchelor presented the agenda item and a discussion was held regarding the number of properties available (111 residence, 14 open spaces). Mayor Truong opened the Public Hearing at 8:24 p.m. Citizen Bob Watkins requested that a permanent restroom be placed at the park. No other citizen came forward. Dustin Austin, with Our Country Homes, presented additional information regarding the water park, but stated a public restroom wasn’t in the current project plans. Mayor Truong closed the Public Hearing at 8:27 p.m. Council Member Brown moved, seconded by Council Member Vanzant, to approve (P-004-20), Final Plat for the Heritage Village Phase One. The vote was unanimous. Motion carried.

  15. Ordinance No. O-2020-007-15 (CU-003-20) – Conduct a Public Hearing and consider action on the application of Diane Coffman for an amendment to Ordinance O-2001-085-15 (CU-022-01) to allow for Automobile and Light Truck Repair Shop in the M-2 – Heavy Industrial District located on Abstract 1754, Tracts 10 & 10D, of the JNO B York Survey, locally known as 3808 & 3812 Northeast 28th Street – 1st Reading. Planning and Community Development Director Glenna Batchelor presented the ordinance and a discussion was held regarding the type of vehicle repair, oil storage and vehicle storage. Mayor Truong opened the Public Hearing at 8:38 p.m. No citizen came forward. Mayor Truong closed the Public Hearing at 8:38 p.m. Council Member Weast moved, seconded by Council Member Grow, to approve Ordinance No. O-2020-007-15 (CU-003-20) – first reading. The vote was unanimous. Motion carried.

  16. STAFF REPORTS
    Staff Report – Assistant City Manager Foust provided an update on the Water Utility Billing, which includes a change from four billing cycles to two billing cycles, adding penalties and cutoffs, and credit card payments. The city is not currently charging credit card charges, sewer averaging will be done soon, and a night drop slot allows for after hour payments.

  17. FUTURE AGENDA ITEMS
    Discussion on items to be placed on future agendas. No items were mentioned.

  18. BOARDS/COMMISSIONS/COMMITTEES
    Resignations of Board/Commissions/Committee Members – Consider approval of resignations of Board/Commission/Committee Members. There were no resignations.

  19. Appointment/Reappointment to Boards/Commissions/Committees – Consider approval regarding appointments to Boards/Commissions/Committees. Council Member Grow moved, seconded by Council Member, to appoint Keith Lane to the Crime Control Prevention District Place 2. The vote was unanimous. Motion carried.

  20. 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. Council Member Weast moved, seconded by Council Member Vanzant, to approve the absence of Council Member Hilliard. The vote was unanimous. Motion carried.

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

Mayor Truong adjourned the meeting at 8:45 p.m. RESPECTFULLY SUBMITTED BY: APPROVED BY:

Art Camacho, City Secretary An Truong, Mayor