MINUTES

WATAUGA CITY COUNCIL

REGULAR MEETING

MONDAY, JULY 25, 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 6:33 p.m. and in regular session at 6:45 p.m. on Monday, July 25, 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

            Seth Thomas               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

 

PRE-COUNCIL:

 

            Mayor Jeffries called the pre-council meeting to order.

 

REPORTS:

 

City Manager’s Monthly Report: 

 

Financial – Janina Jewell, Finance Director

 

At the request of City Manager Kerry Lacy, Finance Director Janina Jewell gave the financial report as of June 30, 2005.

 

Minutes of various boards and commissions

 

  The minutes of the various city boards were included in the packet.

 

CITIZEN’S OPEN FORUM:

 

Mr. Rick DeVoss of 6628 Ridglea, Chairman of the Citizens Advisory Board, spoke in regards to New Business Item 2, a proposed ordinance regarding fences.  Mr. DeVoss explained that the current Ordinance does not provide for repair of dilapidated fences. 

He explained that the recommended revisions from the Citizens Advisory Board were made to provide for the maintenance of fences.

 

Mr. Stacey Taylor of 4716 Hibiscus Drive, Fort Worth, Texas, and owner of American Portable Signs, spoke regarding the sign code regarding the $30 permit fees for non-profit youth organizations.

 

Mr. Brandon Bennett, Youth Pastor of Abundant Life Family Church, of 6800 Denton Highway, introduced himself and a church member Hal Watson.  He explained that they were there to help the community in any way they can.  He explained that they had different programs for all ages.

 

Mr. Glenn Dominiec of 6812 Bernadine, President of the RYA, spoke as a non-profit association regarding signs, the permit fee of $30.

 

PUBLIC COMMENT BY CITY COUNCIL IN RESPONSE TO CITIZEN’S OPEN FORUM:

 

There was no public comment in response to Citizen’s Open Forum.

 

DISCUSSION OF CITY COUNCIL AGENDA:

 

Council Member Pete Beierschmitt requested that Consent Agenda Item 11 be moved to New Business.

 

CALL TO ORDER:

 

Mayor Jeffries called the meeting to order.

 

INVOCATION:

 

Council Member Griffin 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 Helmick made a motion to approve the agenda as constituted in pre-council meeting to include moving Consent Agenda Item 11 to New Business.  Council Member Koontz seconded the motion, which prevailed by the following vote:

 

AYES:  Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams

NOES:              None

 

PRESENTATIONS:

 

Distinguished Budget Presentation Award – to Finance Department

 

Mayor Jeffries read and presented the Distinguished Budget Presentation Award to Finance Director Janina Jewell.

 

Proclamations – Recognition of assistance in saving a small child from drowning

 

Mayor Jeffries read a proclamation recognizing Jamie Ferguson of Keller, and Parks Employees John Hill, Ray Chancellor and Clemente Martinez for their assistance and teamwork in saving a small child from drowning in Cap Smith Lake.  Mayor Jeffries presented the proclamation to the Parks employees.

 

Proclamation – Recognition of Explorer Post and Advisors for Bay City Competition

 

Mayor Jeffries read and presented proclamations to members of the Explorer Post 33: Marshall Haney, Dillon Donovan and Ethan Garrity and Explorer Post Advisors: Officer Jason Babcock and Steve Gochal in recognition of accomplishments in the three day competition in Bay City.

 

CONSENT AGENDA:

 

Council Member Koontz moved to approve the consent agenda with Consent Agenda Item 11 moved to New Business Item 6.  Council Member Griffin seconded the motion, which prevailed by the following vote:

 

AYES:  Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams

NOES:  None

 

The Consent Agenda included approval as follows:

 

1.      Minutes of Regular Meeting of June 27, 2005

 

2.      Minutes of Special Meeting of July 18, 2005

 

3.      Minutes of Workshop of July 18, 2005

 

4.      Approval of recommendation from the Watauga Parks Development Corporation Board of Directors on award of bid for Indian Springs Outdoor Recreation Complex Phase II to C. Green Scaping, L.P. in an amount not to exceed $188,566.10

 

Other bidders included:  American Civil Constructors of Fort Worth, Texas in the amount of $243,503.10 and AUI Contractors, LP of Fort Worth, Texas in the amount of $264,673.00

 

5.      Approval of quarterly investment report

 

6.      Approval of revised Interlibrary Loan Policy for Watauga Public Library, as approved by the Library Board

 

7.      Approval of proposed Library Collection Development Policy for the Watauga Public Library, as approved by the Library Board

 

8.      Approval for the Watauga Public Library to apply for Texas Reads Grant in the amount of $3,000 on behalf of Northeast Tarrant Reads:  One Book One Community Project, to purchase multiple copies of the selected book for the project

 

9.      Approval of agreement with Hired Hands Inc. for Court Interpreter Services – Sign Language, for the Watauga Municipal Court of Record at a cost of $60 per hour with 2 hour minimum and requires 48 hour notice

 

10.  Approval of Resolution and inter-local agreement between the cities of Keller, Haltom City and Watauga for K-H-W Joint Teen Court program and funding commitment of $19,066.46 for Fiscal Year 2005-2006 and $19,846.00 for Fiscal Year 2006-2007

 

The Resolution as adopted carries the following caption:

 

CITY OF WATAUGA, TEXAS

RESOLUTION NO. 05-07-25-01

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS, APPROVING THE 2005-2006 AND 2006-2007 INTERLOCAL AGREEMENT BETWEEN THE CITY OF KELLER, THE CITY OF HALTOM CITY, AND THE CITY OF WATAUGA, TEXAS, RELATING TO THE OPERATION OF THE K-H-W JOINT TEEN COURT; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF WATAUGA, TEXAS

 

11.  Acceptance of Watauga Parks Development Corporation proposed budget for Fiscal Year 2005-06, approval to set a public hearing for August 22, 2005 to discuss the proposed PDC budget, and to consider adoption of said budget September 12, 2005 was moved to New Business Item 6.

 

12.  Approval of final reading of the Ordinance approving 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 Ordinance as adopted carries the following caption:

 

CITY OF WATAUGA, TEXAS

ORDINANCE NO. 1236

 

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; ESTABLISHING AN EFFECTIVE DATE

 

13.  Approval of amended By-Laws of the Watauga Senior Center, to change the Senior age requirement from 50 years of age to 60 years of age, as required by Senior Services of Greater Tarrant County

 

14.  Approval of a Resolution supporting the Tarrant County 2006 Transportation Bond Program and to submit the project of widening Starnes Road from Pebblebrook to State Highway 377 for consideration to be included in said bond program, with bond package paying ˝ of the expense

 

The Resolution as adopted carries the following caption:

 

CITY OF WATAUGA, TEXAS

RESOLUTION NO. 05-07-25-02

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS IN SUPPORT OF THE TARRANT COUNTY 2006 TRANSPORTATION BOND PROGRAM AND TO SUBMIT CITY OF WATAUGA PROJECT FOR CONSIDERATION TO BE INCLUDED IN SAID PROGRAM

 

NEW BUSINESS:

 

1.      Discussion and action on approval of an Ordinance to deny request from Atmos Energy Corp. for an annual gas reliability infrastructure program (GRIP) rate increase in the statewide gas utility system, as recommended by legal counsel for Atmos Cities Steering Committee (ACSC)

 

Council Member Griffin moved to adopt the Ordinance to deny request from Atmos Energy Corp. for an annual gas reliability infrastructure program (GRIP) rate increase in the statewide gas utility system, as recommended by legal counsel for Atmos Cities Steering Committee (ACSC).  Council Member Koontz seconded the motion, which prevailed by the following vote:

 

AYES:  Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams

NOES:  None

 

The Ordinance as adopted carries the following caption:

 

CITY OF WATAUGA, TEXAS

ORDINANCE NO. 1237

DENYING ATMOS’ GRIP REQUEST

 

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WATUAGA, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTRE PROGRAM (GRIP) RATE INCREASE IN THE MUNICIPALITY, AS A PART OF THE COMPANY’S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY’S ACTION TO THE RAILROAD COMMISSION; APPROVIING COSTS INCURRED AS REASONABLE AND PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION

 

2.      Discussion and action on an Ordinance amending Chapter 3 of the Watauga Code of Ordinances, Building Regulations, to add Article 3.1700 promulgating regulations for fences, walls, and screening fences

 

After a discussion, Council Member Steele moved to take no action at this time.  Council Member Thomas seconded the motion, which prevailed by the following vote:

 

AYES:  Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams

NOES:  None

 

3.      Consideration and approval of a Resolution by the City council of the City of Watauga, Texas authorizing and approving publication of notice of intention to issue certificates of obligation complying with the requirements contained in Securities and Exchange Commission Rule 15c2-12; and providing an effective date

 

Council Member Griffin moved for approval of a Resolution by the City Council of the City of Watauga, Texas authorizing and approving publication of notice of intention to issue certificates of obligation complying with the requirements contained in Securities and Exchange Commission Rule 15c-2-12.  Council Member Beierschmitt seconded the motion, which prevailed by the following vote:

 

AYES:  Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams

NOES:  None

 

The Resolution as adopted carries the following caption:

 

CITY OF WATAUGA, TEXAS

RESOLUTION NO. 05-07-25-03

 

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND PROVIDING AN EFFECTIVE DATE

 

4.      Discussion and action on an Ordinance adopting the National Incident Management System

 

Council Member Griffin moved to approve an Ordinance adopting the National Incident Management System.  Council Member Adams seconded the motion, which prevailed by the following vote:

 

AYES:  Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams

NOES:  None

 

The Ordinance as adopted carries the following caption:

 

CITY OF WATAUGA, TEXAS

ORDINANCE NO. 1238

 

AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS, ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM; PROVIDING THAT ALL ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT THAT THEY ARE IN CONFLICT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE

 

5.      Discussion and action on agreement with Senior Citizen Services of Greater Tarrant County, Inc. to provide a Congregate Meal Program at the Watauga Senior Center for persons age 60 years or older and their spouse

 

Council Member Griffin moved for approval of the agreement with Senior Citizens Services of Greater Tarrant County, Inc. to provide a Congregate Meal Program at the Watauga Senior Center for persons age 60 years or older and their spouse.  Council Member Steele seconded the motion, which prevailed by the following vote:

 

AYES:  Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams

NOES:  None

 

6.      Acceptance of Watauga Parks Development Corporation proposed budget for Fiscal Year 2005-06, approval to set a public hearing for August 22, 2005 to discuss the proposed PDC budget, and to consider adoption of said budget September 12, 2005 was moved from Consent Agenda Item 6.

 

Council Member Koontz moved for acceptance of the Watauga Parks Development Corporation budget for Fiscal Year 2005-2006, approval to set a public hearing for August 22, 2005 to discuss the proposed PDC budget, and to consider adoption of said budget September 12, 2005.  Council Member Adams seconded the motion, which prevailed by the following vote:

 

AYES:  Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams

NOES:  None

 

 

 

 

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.

 

Pursuant to the Open Meetings Act, 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), Government Code, Section 551.074, Personnel Matters to deliberate the appointment of a Director of Public Safety

 

Mayor Jeffries recessed the regular session at 7:40 p.m. and the City Council convened in Executive Session in the Conference Room.

 

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:

 

1.      Discussion and action as a result of the executive session in regards to personnel matters to deliberate the appointment of a Director of Public Safety

 

Mayor Jeffries reconvened the regular meeting at 8:10 p.m. with all members present.

 

Council Member Koontz made a motion to take no action.  Council Member Adams seconded the motion, which prevailed by the following vote:

 

AYES:  Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams

NOES:  None

 

ADJOURNMENT:

 

With there being no further business to conduct at this time, Council Member Koontz made a motion to adjourn.  Council Member Beierschmitt seconded the motion, which prevailed by the following vote:

 

AYES:  Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams

NOES:  None

 

The meeting adjourned at 8:11 p.m.

 

APPROVED:       this _______ day of __________ 2005.

 

SIGNED:              this _______ day of __________ 2005.

 

 

                                                                              APPROVED:

 

 

                                                                              ____________________

                                                                              Henry J. Jeffries, Mayor

 

ATTEST:

 

 

____________________________

Nancy J. Meadows, City Secretary