5024 Broadway Ave.
Haltom City, TX  76117

July 10, 2017 City Council Minutes




July 10, 2017

A Regular Meeting by the City Council of the City of Haltom City, Texas, was held on July 10, 2017, at 7:00 p.m. at City Hall, 5024 Broadway Avenue, Haltom City, Texas, with the following members present:

Mayor David AverittCouncil Place 2 Walter Grow

Council Place 4 Trae FowlerCouncil Place 5 – Bob Watkins

Council Place 6 – Ricky Brown

Council Place 1 Jeannine Nunn (via video conferencing)

Mayor Pro Tem Dr. An Truong 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; Jennifer Fung, Finance Director; Perry Bynum, Fire Chief, and Greg Van Nieuwenhuize, Public Works Director.



Mayor Averitt called the Worksession to order at 6:05 p.m. The Regular Agenda was reviewed and a discussion was held regarding Agenda Item #3, with consultant Ernest Hedgcoth and property owner Maldonado Gerardo providing information on the application. The rest of the Regular Agenda was reviewed without any changes. The presentation of the Regional Economic Development was provided by land developer Happy Baggett and Trent Petty, of Petty and Associates, who spoke on current trends in the land development market, including the closing of malls and the increase of online marketing.In addition, the discussion regarding the city-owned 43 acres was held, the possibility of a two or three story municipal building, and the different processes of funding the facility.The Work Session ended at 7:35 p.m. There was no Executive Session.Mayor Averitt called for a ten minute recess before calling the Regular Meeting to order.



Mayor Averitt called the meeting to order at 7:47 p.m.


Council Member Trae Fowler gave the Invocation and led the Pledge of Allegiance and the Texas Flag Pledge.


City Secretary Art Camacho read the following announcements:

Public Library - Story Time, GED Classes, Super Science Saturdays, Bi-lingual Story Time, Family Movie Night and Coloring and Cookies for Grown Ups activities and their dates and times are found on the Library’s website.

“Ladies Night Out” will be held Saturday, August 12 from 5:30 – 9:30 p.m.Tickets purchased by June 17 will be $39; after the 17th the price is $45.

Community Projects

The date for the 2017 Haltom City “Back to School” Health Fair is Saturday, July 29 from 9 a.m. to 12 noon.The first 1,000 Haltom City elementary and middle school students will receive a free backpack and school supply kit.Sponsorships are available.

Registration is open for the new Rec Center classes and programs that include ballet and tap dance classes, Youth Cheer, Girls Inc., summer in STEM program for girls ages 6 to 14 is free. Young Rembrandts art class is in August, as well as a new pre-natal fitness program.

Haltom City Pee-Wee Football and Cheerleading sign-ups begin Saturday, July 29, from 10 a.m. to 4 p.m. at the Haltom City Northeast Center and will be there on Saturdays in August.

Special thanks to our landscape crew who installed 50 flags around the city in honor of July 4 and to all of you that support the Park Donation fund. With approval from the Parks and Recreation Board, we were able to make this happen with donation dollars.

The Birdville Museum is open by appointment only this summer. Please call 817-547-5498 to schedule.

Public Works

The railroad crossing on Haltom Road – between Glenview Drive and Stanley-Keller Road – is being double-tracked.Traffic conditions for motorists will change through mid-August. The traffic pattern is provided on the city’s website.


1.Minutes – Consideration and/or action regarding approval of the Minutes of the meeting of June 19, 2017. Council Member Watkins moved, seconded by Council Member Grow, to approve the Minutes of June 19, 2017.The vote was unanimous.Motion carried.

2.Appointment of the Municipal Judge – Consideration and/or action regarding approval of Ordinance No. O-2017-017-09 appointing the Municipal Judge of the Municipal Court of Record in the City of Haltom City. 2nd Reading.Council Member Grow moved, seconded by Council Member Brown, to approve Ordinance No. O-2017-017-09 – the reappointment of Judge Irby, with the inclusion of an updated report in eight months on her implemented methods progress – second reading.The vote was unanimous.Motion carried.

3.ORDINANCE NO. O-2017-016-15 (CU 008-17)(Tabled from June 12, 2017 Council Meeting) Conduct a public hearing and consider action on the application of Ernest Hedgcoth on behalf of Maldonado Gerardo to amend an existing Conditional Use Permit for auto dealer use by the addition of auto paint & body use in the “M-1” Industrial District located on Tracts 1F & 1J of the John Akers Survey, Abstract 24, being approximately 1.86 acres north of Catalpa Street and northwest of Airport Freeway frontage road, having the approximate address of 5213 Airport Freeway. 1st Reading.Planning and Community Director Glenna Batchelor presented the ordinance and a discussion was held regarding the primary and secondary usage, along with operational hours.The Council also discussed the applying of a condition that would require another application for a CUP if the ownership changes and they want to change the business utilization. Mayor Averitt opened the Public Hearing at 8:05 p.m.No citizen came forward.The Council inquired of the primary use, work hours, and secondary use.Mayor Averitt closed the Public Hearing at 8:09 p.m.Council Member Fowler moved, seconded by Council Member Grow, to approve Ordinance No. O-2017-016-15 (CU 008-17) be comprehensive of the 2014 and the 2017 CUP to also include that office hours be required Monday through Saturday for auto sales operation from 9:00 a.m. to 6:30 p.m.; 9:00 a.m. to 6:30 p.m. for repair operations for the secondary use of auto paint and body on Monday through Friday, with no operational work being allowed on Sunday; the primary use will be auto sales and the secondary use will be auto paint and body and be prescribed as internal use only by the applicant.The vote was unanimous.Motion carried.

4.T-Mobile Cell Tower Lease AmendmentConsideration and/or action to authorize the City Manager to execute a new lease amendment to the original agreement with T-Mobile on the 820 Water Tower.Assistant City Manager Rex Phelps presented the lease amendment and Council Member Grow moved, seconded by Council Member Brown, to accept the amended T-Mobile Cell Tower Lease amendment.The vote was unanimous.Motion carried.

5.Bond Reimbursement ResolutionConsideration and/or action to approve Resolution No. R-2017-022-01, authorizing and approving the reimbursement of allowable expenditures from the proceeds of the 2018 Certificates of Obligation. Finance Director Jennifer Fung presented the resolution and Council Member Grow moved, seconded by Council Member Fowler, to approve Resolution No. R-2017-022-01 for upcoming Certificates of Obligation Bonds. Mayor Averitt read the following statement: “A motion by Council Member Grow and seconded by Council Member Fowler that the City Council adopt a reimbursement resolution.”The vote was unanimous.Motion carried.


No citizen came forward.


6.Resignations of Board Members – Consider approval of the resignations ofBoard/Commission Members.There were no resignations.

7.Appointment/Reappointment to Boards and Commissions – Consider approval regarding appointments to Boards/Commissions.Council Member Watkins nominated Council Member Ricky Brown to the EDC from the citizen position to the elected official position.Mayor Averitt questioned whether the vote should be taken with the absence of Mayor Pro Tem Truong.The Council decided to vote on the nomination.The appointment was unanimously approved.Council Member Watkins nominated Gary Nunn to the EDC.A discussion was held regarding the eligibility of Mr. Nunn in lieu of his wife’s (Jeannine Nunn) place on the Council.City Attorney Olson read from the City Charter concerning nepotism with the following:

Sec. 10.02.Nepotism.

No person related within the second degree by affinity or within the third degree by consanguinity, to the Mayor, or to any member of the City Council, or to the City Manager, shall be appointed to any office, position, clerkship or service of the city.

Council Member Fowler requested City Attorney Olson check as to whether this applies to the unique entity of the EDC to determine further Mr. Nunn’s eligibility. Mayor Averitt also commented on Council Member Watkins’ EDC nomination.


Mayor Averitt called for an Executive Session at 8:27 p.m. to discuss the following:

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, project schedule/construction contractwith Tiseo Paving, 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

·TWCCRD No. 1A17542 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 property in the Watauga Addition, Block 27, Lots 1-4 and

7-10 & closed alley abstract 1424 TRS 2A & 2B.

Section 551.074 – Personnel

Deliberation regarding the appointment, employment, evaluation, reassignment, or duties of the Municipal Judge and Fire Chief.


The Council reconvened at 9:25 p.m.Mayor Averitt first dispensed of the prior attendance requirements item listed on the agenda (see below).


8.Attendance RequirementsConsideration regarding excused absences of Council Members according to Article III, Sec.3.07 (a).Attendance Requirements of the Haltom City Charter.Council Member Watkins moved to excuse Council Member Truong’s absence.The absence was approved unanimously.

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

Council Member Fowler moved, seconded by Council Member Watkins, to approve the sale of city property in the Watauga Addition, Block 27, Lots 1-4 and 7-10 & closed alley abstract 1424 TRS 2A & 2B for the sale price of $15,000 net – with the cost of the survey the responsibility of the purchasers.The vote was unanimous.Motion carried.


Mayor Averitt adjourned the meeting at 9:28 p.m.



Art Camacho, City SecretaryDavid Averitt, Mayor


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