MINUTES AZLE CITY COUNCIL MEETING MAY 17, 2011

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1 STATE OF TEXAS COUNTIES OF PARKER AND TARRANT CITY OF AZLE The City Council of the City of Azle, Texas met in Regular Session at 7:00 p.m. in the Council Chambers of City Hall, 613 Southeast Parkway, Azle, Texas, on the 17th day of May 2011 with the following members present: Russ Braudis Alan Brundrett Tony Haas Bill Jones Paul Crabtree Rouel Rothenberger June Earp William Chambers Jeffrey Wise Mayor Mayor Elect Mayor Pro Tem Council Elect Council Elect Constituting a quorum. Staff present was: Craig Lemin Susie Hiles Norma Zenk Lawrence Bryant Cara White Wanda Skaggs Rick White Kyle Culwell City Manager Assistant to the City Manager City Secretary Director of Administration/Finance City Attorney Animal Control Supervisor Utility Manager Parks/Streets Superintendent The following items were considered in accordance with the official agenda posted on the 13th day of May PRE-COUNCIL WORK SESSION: 6:30 p.m. There was no Pre-Council Work Session REGULAR SESSION: 7:00 p.m. CALL TO ORDER Mayor Braudis called the regular session to order at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Braudis. CANVASS ELECTION RETURNS 1. Consider any action on proposed Resolution No canvassing the returns and declaring the results of the General Election held on May 14, Mayor Braudis received the official tabulation and with Council s review, approved and accepted the election results. Councilmember Jones moved to approve Resolution No canvassing the returns and declaring the results of the General Election held on May and noted the following candidates were duly elected: Mayor Councilman, Place 3 Councilman, Place 4 Councilman, Place 6 Alan Brundrett Bill Jones Paul Crabtree Jeff Wise Councilmember Rothenberger seconded the motion. 1

2 Ayes: Braudis, Haas, Brundrett, Jones, Crabtree, Rothenberger, and Earp Mayor Braudis declared the motion carried unanimously. 2. Consider any action on proposed Resolution No canvassing the returns and declaring the results of the Special Election held on May 14, Mayor Braudis received the official tabulation and with Council s review, approved and accepted the election results. Councilmember Brundrett moved to approve Resolution No canvassing the returns and declaring the results of the Special Election held on May and noted the following candidate was duly elected: Councilman, Place 1 William Chambers Councilmember Rothenberger seconded the motion. Ayes: Braudis, Haas, Brundrett, Jones, Crabtree, Rothenberger, and Earp Mayor Braudis declared the motion carried unanimously. INAUGURATION Certificate of Election Issue Certificates of Election to elected candidates. Written Statement of Elected Officer and Oath of Office Written Statement of Elected Officer and administer the Oath of Office Mayor Braudis issued the certificate of election and administered the oath of office to newly elected Mayor Alan Brundrett and wished him well as the new Mayor of the City of Azle. Mayor Brundrett presented a plaque of appreciation to former Mayor Russ Braudis for his dedication and service to the City; and presented him his gavel as a memento from the City. Mayor Brundrett issued the certificates of election and administered the oath of office to the newly and reelected Councilmembers and recessed the regular session for a short celebration at 7:23 p.m. and reconvened at 7:49 p.m. Election of Mayor Pro Tem Consider any action on the election of Mayor Pro Tem for the year Councilmember Jones nominated and moved to elect Councilmember Tony Haas as Mayor Pro Tem for the year Councilmember Rothenberger seconded the motion. 3. Presentation of the Mayor s Certification of Names of Runoff Candidates. (if needed) 2

3 4. Consider any action on proposed Resolution No calling a Runoff Election to be held on June 11, 2011 for the purpose of electing a councilmember to Place 1 to fill an unexpired term; establishing procedures for the Conduct of the Election; and declaring an effective date. (if needed) Agenda Items 3 and 4 were not needed. CITIZEN PARTICIPATION Mayor Brundrett announced that if anyone cared to speak regarding an item on the Agenda to please hold their comments until that Agenda Item came up. CONSENT AGENDA 5. Consider approving the Minutes of the May 3, 2011 regular City Council meeting. 6. Consider approval of proposed Resolution No regarding the City of Azle, Texas participation in the Tarrant County Community Block Grant Program for the three program year period, Fiscal Year 2012 through Fiscal Year Councilmember Jones moved to approve Consent Agenda Items 5 and 6 as presented. Mayor Pro Tem Haas seconded the motion. ACTION ITEMS 7. Consider financial support regarding expenses associated with the Music in the Park concert series. Mayor Brundrett recognized the Special Events Advisory Board Chairman Debra Jenkins who gave a brief review of the request for city s financial support in the amount of $2,900 for the purchase of four misting fans and two mobile fans to be used at the Music in the Park concerts and noted that city staff could use them as well. Ms. Jenkins also requested additional funding for custom hand fans and signage such as banners in the amount of $1,300. Councilmember Jones moved to approve the request from the Special Events Advisory Board for additional funding not to exceed $4,500. Mayor Pro Tem Haas seconded the motion. 8. Consider approval of the Pelican Bay emergency water agreement. Mayor Brundrett recognized City Manager Lemin who gave a brief explanation of the interlocal agreement and introduced Utility Manager White who stated this agreement was similar to the interlocal agreement the city had with the City of Lakeside and noted that the city attorney had reviewed it and had no issues with it. Mr. White stated the water purchased by the other cities was based on whether Azle had additional water on hand for purchase. He stated the rates would be based on the outside the city commercial rates set in the 2009 Water and Sewer Ordinance. Mr. White stated the City of Pelican Bay would be paying for the tap and all equipment needed to make the connection to the Azle system located off of Sandy Beach Road. He stated the city of Azle personnel would read the water meters 3

4 on a monthly basis and bill accordingly. Mr. White noted Pelican Bay would also install a back flow preventer so no water would flow back from the Pelican Bay system to the Azle System. Councilmember Rothenberger moved to approve the interlocal agreement for emergency water connection with and between the City of Azle and the City of Pelican Bay effective July 1, 2011 and expire on September 30, Councilmember Jones seconded the motion. 9. Consider approval of Resolution No adopting the mitigation areas within Ash Creek Park as permanent preservation areas. Mayor Brundrett recognized City Manager Lemin who gave a brief explanation of the Agenda Item noting this was part of the Denver Trail expansion project and noted the bridge went over wetlands and the city had agreed to replace the trees taken down for the project. Mr. Lemin introduced Parks/Streets Superintendent Culwell who detailed further the stipulations of the permit. Mr. Culwell noted the City had obtained permits under Section 404 of the Clean Water Act from the Corps of Engineers for both the Denver Trail extension project and the Spinnaker Lane drainage improvement project. He stated the permits stipulated the city set aside land within the Ash Creek Park adjacent to Ash Creek and dedicate the two areas as natural areas in perpetuity and re-plant native trees and shrubs. Mr. Culwell stated this resolution would adopt the mitigation areas within Ash Creek Park as permanent preservation areas. Councilmember Jones moved to approve Resolution No adopting the mitigation areas within Ash Creek Park as permanent preservation areas. Councilmember Rothenberger seconded the motion. DISCUSS, REVIEW AND DIRECT STAFF 10. Discuss and review the animal ordinance regarding pot bellied pigs and direct staff. Mayor Brundrett recognized City Manager Lemin who stated Council had directed staff to research and present options and regulations allowing pot bellied pigs within the city limits. Mr. Lemin introduced Animal Control Supervisor Skaggs who presented the Council a list of cities that did and did not allow the pot bellied pigs noting those cities that do allow the pot bellied pig had restrictions such as single family residence, specific weight and height requirements, no more than 1 pot bellied pig per residence, meet the standards of North American Pot Bellied Pig Association, approved by the city manager, be spayed or neutered, vaccinations, leashed, free of disease, adequate fencing, and ample land. Mayor Brundrett announced that although this was not a public hearing, he would allow comments from the audience and recognized the following individuals: Robert Burge, 116 Turpin Drive, Azle, TX who stated the pot bellied pig living in his sister s house had attacked his two small children, himself and four state employees from the Child Protective Services, and Adult Protective Services and requested the city enforce the current law and remove the pot bellied pig. He presented a letter from the Texas Department of Family and Protective Services expressing concern for the safety of Mr. Burge s children if the pig would be allowed to stay on the property. Mary Jo Fitzgerald, 116 Turpin Drive, Azle, TX stated she had researched the pot bellied pig and found that the United States Animal and Plant Health Department of Agriculture Inspection Service had written a letter to a reader stating the USDA only considers pot bellied pigs livestock if the animal is to be imported from a country that has a swine disease status that could be detrimental to the swine industry in the US if the pig being imported was 4

5 infected. The letter stated Pot bellied pigs that are private pets are classified as pets not livestock. Ms. Fitzgerald noted that her pig had only snouted the state workers but not bit them. Council and staff discussed the pros and cons related to having pot bellied pigs within the city limits and the restrictions to be placed to allow them. Council directed staff to draft an ordinance amending the Code of Ordinance by allowing pot bellied pigs within the city limits with restrictions for Council s consideration at the next Council meeting. MAYOR/COUNCIL COMMENTS OF COMMUNITY INTEREST There were no comments. ADJOURNMENT Mayor Brundrett adjourned the meeting at 8:30 p.m. PRESENTED AND APPROVED this the day of APPROVED: ATTEST: Alan Brundrett, Mayor Norma Zenk, TRMC, City Secretary 5