MINUTES
WATAUGA CITY COUNCIL
REGULAR MEETING
MONDAY, JUNE 27, 2005
CITY HALL COUNCIL CHAMBERS, 7101 WHITLEY ROAD
6:30 P.M.
The City Council of the City of Watauga, Texas convened in pre-council at 6:30 p.m. and in regular session at 6:43 p.m. on Monday, June 27, 2005 with the following members present:
Henry J. Jeffries Mayor
Ernest P. Koontz Mayor Pro Tem
Richard Helmick Council Member
Mike Steele Council Member
Pete Beierschmitt Council Member
Lee W. Griffin Council Member
Jerry Adams Council Member
and
Kerry Lacy City Manager
Mark G. Daniel City Attorney
Nancy J. Meadows City Secretary
with
Council Member Seth Thomas absent
PRE-COUNCIL:
Mayor Jeffries called
the pre-council meeting to order.
REPORTS:
City Manager’s Monthly Report:
Financial – Clifford Blackwell, Assistant Finance
Director
At the request of City Manager Kerry Lacy, Assistant
Finance Director Clifford Blackwell gave the financial report as of May 31,
2005.
Minutes of various boards and commissions
The minutes of the various city boards were
included in the packet.
CITIZEN’S OPEN FORUM:
Mr. Wesley Charles of 6428 Ridglea Drive, Watauga, spoke in concern regarding the right turn radius of Starnes and Rufe Snow as the right turn is a smaller radius than the other streets in the area.
Mr. James Long of 6528 Moonglow Lane, Watauga, spoke regarding New Business Item 8, in opposition to the appointment of Joe Bailey to the Civil Service Commission.
PUBLIC COMMENT BY CITY COUNCIL IN RESPONSE TO CITIZEN’S OPEN FORUM:
There were no
comments by City Council.
DISCUSSION OF CITY COUNCIL AGENDA:
There was no discussion of the City Council agenda.
CALL TO ORDER:
Mayor Jeffries
called the meeting to order.
INVOCATION:
Council Member
Steele gave the Invocation.
PLEDGE TO THE FLAG:
Mayor Jeffries led
the Pledge to the Flag.
TEXAS PLEDGE: - “Honor the Texas Flag: I pledge allegiance to Thee, Texas, one and
indivisible”
Mayor Jeffries led
the Texas Pledge.
APPROVAL OF AGENDA AS CONSTITUTED IN PRE-COUNCIL MEETING:
Council Member
Adams moved approval of agenda as constituted in pre-council meeting. Council Member Beierschmitt seconded the
motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick,
Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas
PRESENTATIONS:
Presentation of the Certificate of Distinction from the Government
Treasurers’ Organization of Texas
Mayor Jeffries read and presented to Assistant Finance Director Clifford
Blackwell the Certificate of Distinction from the Government Treasurers’
Organization of Texas. This award was
given in recognition of the investment policy for the City of Watauga.
Presentation of commendation to DPS Officers in recognition of services
performed May 22, 2005
Mayor Jeffries read commendations and presented awards to Sergeant Steve
Hickman, Officer Clyde Thomas, Officer Chris Gardner, Officer Sean Romer, and
Officer Vanessa Hansard in recognition of services performed May 22, 2005 while
assisting a citizen. Sergeant Bobby
Parker was not present, but also received the commendation and award.
Presentation of commendation to DPS Officers in recognition of public
assistance given on April 8, 2005
Mayor Jeffries read commendations and presented awards to Jason Babcock
and Steve Gochal for their assistance with helping two men who were injured
from a bicycle accident.
CONSENT AGENDA:
Council Member Koontz made a motion to approve the Consent Agenda as printed. Council Member Griffin seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas
The consent agenda included approval as follows:
1. Minutes of Regular Meeting of May 16, 2005
2. Minutes of Special Meeting of May 16, 2005
3. Minutes of Special Meeting of May 25, 2005
4. Approval of award of bid to the lowest bidder, for the 2005 Street Overlay Project in the amount of $248,035.68 to JLB Contracting, LP of Arlington, Texas.
Other bidders included: JRJ Paving, LP of Denton, Texas in the amount of $191,166.72; Peachtree Construction, LTD of Fort Worth, Texas in the amount of $306,842.40; and Reynolds Asphalt & Construction of Euless, Texas in the amount of $276,706.95
5. Approval of continuing contract with Tarrant County Tax Office for Tax Year 2005, unless terminated with a sixty (60) day notice per the agreement, for Tarrant County to continue to assess and collect the taxes due and owing on taxable property on behalf of the City of Watauga at a rate of $.50 for each account, for an estimated cost of $5,100 for Fiscal Year 2006, this also includes wire transfer service at $2 per wire
6. Approval of continuing contract with Tarrant County Tax Office for Tax Year 2005, unless terminated with a sixty (60) day notice per the agreement, for Tarrant County to continue to assess and collect the assessment due and owing on taxable property on behalf of the Park Vista Public Improvement District (P.I.D.), for a rate of $.50 for each account for an estimated cost of $200 for Fiscal Year 2006, this also includes wire transfer service at $2 per wire
7. Approval to acknowledge City Council receipt of Crime Control and Prevention District Budget for Fiscal Year 2005-2006
8. Approval of recommendation to set a public hearing for August 8, 2005 for the Watauga Crime Control and Prevention District Fiscal Year 2005-2006 Budget
9. Approval of Renewal from ProQuest Information and Learning for access to online edition of the CultureGrams database in an amount not to exceed $1,030 annually
10. Approval of an Ordinance amending Article 13.100 concerning Water Conservation and Emergency Water Demand
The Ordinance as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE
NO. 1235
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AMENDING ARTICLE 13.100 OF THE CODE OF ORDINANCES FOR THE CITY OF WATAUGA ADOPTING THE WATER CONSERVATION CODE AND EMERGENCY WATER DEMAND/DROUGHT CONTINGENCY PLAN DATED APRIL 2005; PROVIDING THAT ALL ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT THAT THEY ARE IN CONFLICT; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE
11. Approval of a Lease Agreement between RKE Just Land Ltd. and the City of Watauga for three years, July 1, 2005 through June 30, 2008, for deposit of fill material in an amount not to exceed $12,000 annually
12. Approval of NEC PBX telephone system Maintenance Renewal Agreement in an amount not to exceed $6,720 for one year coverage
13. Approval of Internet T-1 Contract change through the Department of Information Resources (DIR)/Telecommunications Service Division (TSD) utilizing TEX-AN 2000 contract pricing in the amount of $2000.47 and $392.89 monthly
14. Approval of an additional $5,000 for materials testing with Rone Engineering for the new City Hall construction project
15. Approval of renewal of annual contract with R&D Communications dba American Communications for the maintenance and repair of all City-owned radios and related equipment in an amount not to exceed $10,608.00 per year
16. Approval of renewal of maintenance agreement for the outdoor warning system with R&D Communications dba American Communications in an amount not to exceed $672.00
17. Approval of renewal of maintenance agreement through March 2006 for Department of Public Safety radio console with R&D Communications dba American Communications in an amount not to exceed $3,000.00
18. Approval of Confidential Information Policy and Employee Awareness Form
19. Approval of fuel purchase through Martin Eagle Oil under the City of Fort Worth inter-local purchasing agreement in an amount not to exceed $117,000 annually
PUBLIC HEARINGS:
1. Public Hearing: Purpose of public hearing is for public participation opportunities regarding the Consumer Confidence Report that was sent to all City of Watauga water customers during the month of May.
Mayor Jeffries recessed the regular meeting at 6:55 p.m. and called the public hearing to order. Mayor Jeffries explained that it was for public participation opportunities regarding the Consumer Confidence Report that was sent to all City of Watauga water customers during the month of May.
Mayor Jeffries then called for discussion. There was no one present who wished to speak, so Mayor Jeffries closed the public hearing at 6:56 p.m.
2. Planning and Zoning Case 05-07: Request for a Zoning Change from existing (SFA) Single Family Attached to (C) Commercial with a (SUP) Specific Use Permit for a proposed 1,000 Square foot retail office for the sale of propane and related products. Delivery of propane from existing tanks to customer sites (30,000 gallons currently exist). The property is located on the north side of Watauga Road, west of Park Vista Blvd. Legal description of property is Abstract 700, Tract 3C of the D. L. Hall Survey in the City of Watauga. The property owner is Ms. Estelle Prather DBA Fort Worth Butane. The applicant is Mr. Bob Hornbeck.
Mayor Jeffries opened the public hearing at 6:57 p.m. on Planning and Zoning Case 05-07.
Mr. Bob Hornbeck explained that the propane company has been there at that location and the purpose of the request was for retail office space for the sell of propane and related products. He explained that delivery trucks would deliver the propane from existing tanks to customer sites.
Council Member Steele questioned how long the company had been there.
Mr. Hornbeck explained that they had been there since 1965.
Council Member Griffin inquired if there would be an increase in the tank capacity.
Mr. Hornbeck explained that there would not.
Mayor Jeffries then called for further discussion from anyone who wished to speak.
With there being no further discussion, Mayor Jeffries closed the public hearing at 6:59 p.m. and reconvened the regular meeting.
NEW BUSINESS:
1. Discussion and action on Planning and Zoning Case 05-07: Request for a Zoning Change request from (SFA) Single Family Attached to (C) Commercial with a Specific Use Permit (SUP) for a proposed retail office for the sale of propane and related products. The property owner is Estelle Prather. The applicant is Bob Hornbeck.
Director of Public Works Johnnie Reagan explained that the Planning and Zoning Commission had approved this case.
Director Reagan stated that this company had been in business since 1965 and in order to do what they want to do, it requires Commercial Zoning with a Specific Use Permit.
Council Member Koontz made a motion to approve Planning and Zoning Case 05-07, a request for a Zoning Change from (SFA) Single Family Attached to (C) Commercial with a Specific Use Permit (SUP) for a proposed retail office for the sale of propane and related products. Council Member Beierschmitt seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas
The Ordinance as approved on the first reading carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO.__________
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WATAUGA BY REZONING FROM (SFA) SINGLE FAMILY ATTACHED TO (C) COMMERCIAL DISTRICT WITH A SPECIFIC USE PERMIT, ABSTRACT 700, TRACT 3C OF THE D.L. HALL SURVEY; SAID ZONING ORDINANCE AMENDMENT HAVING BEEN PRESENTED AS ZONING CASE 05-07; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE
2. Discussion and action on Planning and Zoning Case 05-09: Request for the re-plat of Block 10, Lots 9 & 10 of the Town of Watauga Addition to be known as Block 10, Lot 9R, Town of Watauga Addition. The property owner is Mid Cities Motor Co Inc. represented by Mr. Coy Garrett.
Council Member Beierschmitt made
a motion to approve Planning and Zoning Case 05-09, request for the re-plat of
Block 10, Lots 9 & 10, of the Town of Watauga Addition to be known as Block
10, Lot 9R, Town of Watauga Addition.
Council Member Griffin seconded the motion, which prevailed by the
following vote:
AYES: Griffin, Steele, Helmick, Beierschmitt, Adams
NOES: Koontz
ABSENT: Thomas
3. Discussion and action on approval of Mayor’s appointment of Brian Flens to Place 5 on the Zoning Board of Adjustment
Council Member Koontz made a motion to approve the Mayor’s appointment of Brian Flens to Place 5 on the Zoning Board of Adjustment. Council Member Helmick seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas
4. Discussion and action on approval of Mayor’s appointment of Melissa Flens to Place 3 on the Library Board
Council Member Koontz made a motion to approve the Mayor’s appointment of Melissa Flens to Place 3 on the Library Board. Council Member Steele seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas
5. Discussion and action on approval of Mayor’s reappointment of members on the Charter Review Commission for terms of two years, July 1, 2005 thru June 30, 2007 NOTE: Each position will be voted on separately.
a. Karla Null in Place 1
Council Member Griffin made a motion to approve Mayor’s reappointment of Karla Null in Place 1 on the Charter Review Commission with a term of two years July 1, 2005 through June 30, 2007. Council Member Koontz seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas
b. Troy Pruitt in Place 3
Council Member Beierschmitt made a motion to approve Mayor’s reappointment of Troy Pruitt in Place 3 on the Charter Review Commission with a term of two years July 1, 2005 through June 30, 2007. Council Member Griffin seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas
c. Lavonda Anthony in Place 5
Council Member Koontz made a motion to approve Mayor’s reappointment of Lavonda Anthony in Place 5 on the Charter Review Commission with a term of two years July 1, 2005 through June 30, 2007. Council Member Griffin seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt
NOES: Adams
ABSENT: Thomas
6. Discussion and action relating to the rescission of City of Watauga, Texas Resolution No. 02-12-09-03 (method for selection of mayor pro tem), to include approval of a Resolution to repeal Resolution No. 02-12-09-03
After a lengthy discussion, Council Member Beierschmitt made a motion to take no action on a Resolution to repeal Resolution No. 02-12-09-03. Council Member Griffin seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt
NOES: Adams
ABSENT: Thomas
7. Discussion and action on approval of Mayor’s appointment of Primary and Alternate Council Liaisons to the various boards and commissions
Council Member Griffin moved for approval of Mayor’s appointment of Primary and Alternate Council Liaisons to the various boards and commissions. Council Member Steele seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas
The Council Liaisons as appointed by the Mayor are as follows:
Boards/Commissions Primary Alternate
Charter Review Commission Jerry Adams Mike Steele
Citizens Advisory Board Lee Griffin Ernie Koontz
Library Board Ernie Koontz Lee Griffin
Planning & Zoning Commission Mike Steele Richard Helmick
Recreation & Community
Services Board Pete Beierschmitt Richard Helmick
Zoning Board of Adjustment Jerry Adams Pete Beierschmitt
8. Pursuant to Local Government Code Chapter 143, discussion and action on Mayor’s appointment and Council’s confirmation of Mayor’s appointment of members of the Civil Service Commission as follows:
a. Joe Bailey for a term of three (3) years
Council Member Griffin moved for approval of the Mayor’s appointment of Joe Bailey to the Civil Service Commission for a three year term. Council Member Helmick seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt
NOES: Adams
ABSENT: Thomas
b. Christopher Brian Batey for a term of two (2) years
Council Member Griffin moved for approval of the Mayor’s appointment of Christopher Brian Batey to the Civil Service Commission for a two year term. Council Member Koontz seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt
NOES: Adams
ABSENT: Thomas
c. Bernard Baker Bowman for a term of one (1) year
Council Member Koontz made a motion to approve the Mayor’s appointment of Bernard Baker Bowman to the Civil Service Commission for a term of one (1) year. Council Member Griffin seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt
NOES: Adams
ABSENT: Thomas
9. Discussion and action pursuant to Resolution No. 03-10-27-04, on authorization for Mayor Jeffries to exceed the allowed 1/8 of the total travel and training budget for Fiscal Year 2004-2005, if necessary
Council Member Steele moved to approve the authorization for Mayor Jeffries to exceed the allowed 1/8 of the total travel and training budget for Fiscal Year 2004-2005 in an amount not to exceed $500.00 without additional Council approval. Council Member Griffin seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas
10. Discussion and action on agreement with CGI Communications through TML for participation in a multi-media program to promote the City of Watauga at no cost to the city
Council Member Steele made a motion to table the agreement with CGI Communications. Council Member Griffin seconded the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas
EXECUTIVE SESSION:
The City Council may announce that they will go into executive session pursuant to chapter 551 of the Texas Government Code to discuss any matter as specifically listed on this agenda and/or as permitted by chapter 551 of the Texas Government Code.
Mayor Jeffries will announce that the City Council will convene in
executive session (closed session) in the Conference Room, 7101 Whitley Road,
as follows:
1. The City Council will
convene in executive session pursuant to the (Open Meetings Act), Local
Government Code, Section 551.071, consultation with the City Attorney on
pending or contemplated litigation in regards to Covenant Media
Mayor Jeffries recessed the regular session at 8:16
p.m. and the City Council and the City Attorney convened in Executive Session
in the Conference Room with all members present with the exception of Council
Member Thomas.
The City Council will return to open session in the
City Council Chambers for possible discussion and action as a result of the
Executive Session as follows:
Mayor Jeffries reconvened the regular meeting at
8:35 p.m. with all members present with the exception of Council Member Thomas.
1. Discussion and action as a
result of the executive session in regards to consultation with the City
Attorney regarding Covenant Media
Council Member Griffin moved to take no action. Council Member Steele seconded the motion,
which prevailed by the following vote:
AYES:
Griffin, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT:
Thomas
ADJOURNMENT:
With there being no further
business to conduct at this time, Council Member Koontz made a motion to
adjourn. Council Member Steele seconded
the motion, which prevailed by the following vote:
AYES: Griffin, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas
The meeting adjourned at 8:37 p.m.
APPROVED: this _____________ day of ________________ 2005.
SIGNED: this _____________ day of ________________ 2005.
APPROVED:
____________________
Henry J. Jeffries, Mayor
ATTEST:
_____________________________
Nancy J. Meadows, City Secretary