MINUTES AZLE CITY COUNCIL MEETING APRIL 5, 2016

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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 Pre-Council Work Session at 6:00 p.m. and convened in Regular Session at 6:15 p.m. in the Council Chambers of City Hall, 613 Southeast Parkway, Azle, Texas, on the 5th day of April 2016 with the following members present: Alan Brundrett Bill Jones William Chambers David McClure Rouel Rothenberger Lee Barrett Mayor Mayor Pro Tem Council Members Constituting a quorum. Councilman Paul Crabtree was excused from tonight s meeting. Staff present was: Tom Muir Lawrence Bryant Susie Hiles Norma Zenk Cara White Will Scott Rick Pippins Curren McLane Rick White Renita Bishop Jimmy Duvall Greg Mitchell City Manager Assistant City Manager Assistant to City Manager City Secretary City Attorney Fire Chief Chief of Police Library Director Public Services Director Finance Director Storm Water & Streets Manager Development Services Manager The following items were considered in accordance with the official agenda posted on the 1st day of April PRE-COUNCIL WORK SESSION 6:00 p.m. Mayor Brundrett called the pre-council work session to order at 6:05 and discussed the consent and regular agenda. Mayor Brundrett closed the work session at 6:07 p.m. REGULAR SESSION CALL TO ORDER 6:15 p.m. Mayor Brundrett called the regular session to order at 6:15 p.m. INVOCATION Pastor Tom Kolb of West Parkway Baptist Church gave the invocation. PLEDGE OF ALLEGIANCE Mayor Brundrett led the Pledge of Allegiance. PROCLAMATION and PRESENTATIONS 1. Proclamations proclaiming the Week of April 10-16, 2016 as: National Public Safety Telecommunicators Week National Library Week Mayor Brundrett read and presented Proclamations to Dispatch and Library employees, thanking them for their service to the city and the surrounding community. 1

2 Dispatch: Michelle Abramski, Somer Vaccarella, Courtney Allen, Beverly Simants, Dana Dowdle, Kirsten Smith, Angelique Scott Library: Curren McLane, Megan Treseder, Ben Brown, Liz Cameron, and Nancy Novak 2. Presentation of the Azle PD Officer Badge and administer the Oath of Office to Peace Officer Manuel Lujan. Mayor Brundrett administered the Oath of Office to Peace Officer Lujan and welcomed him to the Azle Police Department. Police Chief Pippins gave a brief review of Officer Lujan s background noting he had served as a Marine in Romania and Kuwait and had recently graduated from the police academy; and introduced Officer Lujan s fiancé Kristy Voyer who pined his badge. 3. Presentation of the city s new online payment system. Finance Director Bishop gave a brief review of the city s new water bill online payment system noting residents could still walk in and pay their water bill at the front office. 4. Presentation of the revised police deployment schedule for the Patrol Division. Chief Pippins gave a detailed review of the city s new and revised patrolman work schedule noting they would be changing to twelve hour shifts and this would utilize officer s time more efficiently as well as allow officers to spend more time with their families. CITIZEN PARTICIPATION No one spoke. CONSENT AGENDA 5. Consider approving the Minutes of the March 15, 2016 regular City Council meeting. 6. Consider approving the appointment of Laurel Mosier to the Planning and Zoning Commission, Place 3 for an unexpired term ending October 31, Consider accepting the following Board Member resignations: John Lemley, Traffic and Transportation Commission, Place 4 James Silva, Traffic and Transportation Commission, Place 5 Debra Waller, Crime Control and Prevention District, Place 2 Mayor Pro Tem Jones moved to approve the consent agenda items 5, 6, and 7 as presented and discussed. Councilman Rothenberger seconded the motion.. PUBLIC HEARING 8. Conduct a Public Hearing on First and Final Reading of proposed Ordinance No rezoning 9.55 acre tract of land located in the M.E.P. & P.R.R. Co Survey Abstract 1142, City of Azle, Tarrant County Texas from the Estate 3 (E-3) District to the Planned Development District to allow for the development of 29 residential lots with a minimum house size of 1800 square feet. Mayor Brundrett introduced the Agenda Item and recognized City Manager Muir who stated this was a rezoning case from an Estate 3 to a Planned Development District and introduced Development Services Manager Mitchell who stated 2

3 the Planning and Zoning Commission had initially heard this rezoning case back in October 2015 and due to an overwhelming opposition by the surrounding home owners, was withdrawn in December. Mr. Mitchell stated the applicant had revised their plans to satisfy resident s concerns which included lot size, access to the property on the west side, connect a six inch water line to a two inch water line on Kona Drive to alleviate water flow in the area, and extend the sewer to Kona Drive, making it easier for residents on Kona Drive to connect to the city s sewer line in the future. Mayor Brundrett opened the public hearing at 7:28 p.m. and recognized the following: Don Allen, Lackland Holdings, 3045 Lackland Road, Fort Worth, Texas who stated the developers had worked closely with the surrounding residents and had fulfilled their concerns and were eager to begin this twenty-nine residential lot development. Robert Shelton, 9301 Friendswood, Fort Worth, Texas stated he was there representing Falcon Ridge, the original developer the neighboring development, noting his concern was not on the rezoning, but with flooding due to improper drainage in that the new developer was increasing the amount of run off and had not made provisions for this increase in water noting the current retention pond was not made to accommodate the extra runoff from this subdivision There being no one else to speak, Mayor Brundrett closed the public hearing at 7:37 p.m. Council and staff discussed the zoning case and the drainage issues and in response to Council s questions, Mr. Mitchell stated the flooding Mr. Shelton mentioned took place back in December when building was taking place and the reason the flooding occurred was because the underground storm drains were covered to keep debris out. He stated that once the covers were removed, the flooding ceased and that area has not had any flooding issues since. Mr. Mitchell stated this agenda item was a rezoning case and that any issues regarding streets, lots, and so forth would take place during the platting phase, noting that before the preliminary platting, drainage would be addressed and approved by the city s engineering firm as mandated by city ordinances. Councilman McClure moved to approve First and Final Reading of Ordinance No rezoning 9.55 acre tract of land located in the M.E.P. & P.R.R. Co Survey Abstract 1142, City of Azle, Tarrant County Texas from the Estate 3 (E- 3) District to the Planned Development District to allow for the development of 29 residential lots with a minimum house size of 1800 square feet with the added stipulation of residential fences to have metal posts and to be included with all the planned development stipulations presented with this rezoning case. Mayor Pro Tem Jones seconded the motion. Ayes: Brundrett, Jones, McClure, Rothenberger, and Barrett Chambers Mayor Brundrett declared the motion carried with a 5:1:0 vote. ACTION ITEMS 9. Consider any action to proposed changes to Azle Memorial Library Policy Manual to reflect the recent HB 910 also known as the open carry law. Mayor Brundrett recognized City Manager Muir who stated staff was updating the library policy to remove concealed from their policy manual in accordance to the new open carry gun laws enacted in 2015 and effective January Mr. Muir introduced Library Director McLane who gave a brief review of the new open carry gun laws. Mayor Pro Tem Jones moved to approve the amendment to Azle Memorial Library Policy Manual to reflect the recent HB 910, also known as the open carry gun law. Councilman Rothenberger seconded the motion. 3

4 10. Consider any action on awarding the Wells Burnett bid tabulation received March 17, Mayor Brundrett recognized City Manager Muir who stated this bid was being presented to Council with a bid protest received from one of the bidders and introduced Storm Water and Streets Manager Duvall who gave a brief review of the bid opening on March 17, Mr. Muir stated the bid opening ran into a problem when one of the bid packets was left out of the bid opening at 10:00 a.m. due to the city secretary being sick that day. He stated staff later found the missing bid packet from Reynolds Asphalt which was received a day prior to the bid opening; and under the city attorney s advice, staff opened the bid from Reynolds Asphalt which came in at a much lower amount than any of the three bids opened that morning. Staff notified Anderson Asphalt the day after regarding the snafu that had occurred on the day of the bid opening; and the following week a bid protest was submitted by Anderson Asphalt s Attorney Robert Elder who stated the city would be in violation of the competitive bidding and competitive proposal requirements if it chose to moved forward with awarding the bid to Reynolds Asphalt since this bid had not been read out loud during the public bid opening at 10:00 a.m. Mayor Brundrett recognized Robert Elder attorney for Anderson Asphalt who gave a brief review of the competitive bidding process and state law noting he was hired by Anderson Asphalt, but was not suggesting the city award the bid to them but to consider state laws governing the bidding process and recommended the City Council reject all bids and re-initiate the bidding process for the Wells Burnett Road Rehabilitation project. Mayor Brundrett moved to executive session. Action taken under Executive Session. EXECUTIVE SESSION SECTION CONSULTATION WITH CITY ATTORNEY the Council may convene into Executive Session(s) from time to time as deemed necessary during the meeting for any posted agenda item, and may receive advice from its attorney as permitted by law. Agenda Item No. 10 SECTION PERSONNEL MATTERS a governmental body may conduct a closed meeting to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: Re-appointment of Municipal Judge for another 2 years Mayor Brundrett recessed the regular meeting into executive session Pursuant to Section and of the Texas Government Code at 8:21 p.m. and reconvened at 9:02 p.m. TAKE ANY AND ALL ACTION NECESSARY PURSUANT TO EXECUTIVE SESSION 10. Consider any action on awarding the Wells Burnett bid tabulation received March 17, Mayor Pro Tem Jones moved to reject all bids received for the March 17, 2016 Wells Burnett Road Rehabilitation project and direct staff to initiate the bidding process for this project. Councilman Chambers seconded the motion. 11. Consider any action on First and Final Reading of proposed Ordinance No re-appointing the Municipal Court Judge for another two years effective May 1, Mayor Pro Tem Jones moved to approve First and Final Reading of Ordinance No re-appointing the Municipal Court Judge Douglas Hudman for another two years effective May 1, 2016 with a $2000 annual pay increase. Councilman Rothenberger seconded the motion. 4

5 MAYOR/COUNCIL COMMENTS OF COMMUNITY INTEREST Mayor Brundrett stated he attended the Tarrant County Mayors Council and several issues were discussed, in particular was the Zika Virus issue. He stated the Tarrant County Health Department had given an in-depth presentation of the seriousness associated with the mosquitos carrying the Zika virus. Mayor Brundrett stated this virus was more serious than previously thought in that this mosquito germinates in fresh water and stagnant water. He stated the Zika mosquito lay their eggs in empty containers such as discarded cups and old tires; and wait for water to germinate noting the eggs can lay dormant for up to seven years. Mayor Brundrett stated the 4th Annual Senior Synergy Expo was scheduled for Thursday, May 5, 2016 at the Will Rogers- Amon G. Carter Exhibit Hall from 8:00 a.m. to 1:30 p.m. He stated this expo was a free event for baby boomers, seniors, and caregivers and encouraged everyone to attend. ADJOURNMENT Mayor Brundrett adjourned the meeting at 9:15 p.m. PRESENTED AND APPROVED this the 3rd day of May APPROVED: Alan Brundrett, Mayor ATTEST: Norma Zenk Norma Zenk, TRMC, City Secretary Alan Brundrett 5