MINUTES
WATAUGA CITY COUNCIL
REGULAR MEETING
MONDAY, SEPTEMBER 11, 2006
CITY HALL COUNCIL
CHAMBER,
6:30 P.M.
The City Council of the City of
Henry J. Jeffries Mayor
Mike Steele Mayor Pro Tem
Ernest P. Koontz Council Member
Richard Helmick Council Member
Pete Beierschmitt Council Member
Seth Thomas Council Member
Lee W. Griffin Council Member
Jerry Adams Council Member
and
Janina
Jewell
Mark G. Daniel City Attorney
Kathleen Wedell City Secretary
PRE-COUNCIL:
Mayor
Jeffries called the pre-council meeting to order.
CITIZEN’S OPEN FORUM:
Mr. Rick DeVoss of 6628 Ridgewood Trail spoke in reference to the Citizens’ Advisory Board and requested that the Council not abolish the boards but put their meetings on hold.
Council Member Griffin arrived at 6:34 p.m.
Mr. Giancarlo Newsome, owner of Gianni’s Gourmet Pizzeria, 6300 Denton Highway, spoke regarding city code standards and requested that Council have persons that make complaints regarding code violations be made confidential but not anonymous and to standardize the temporary sign regulations.
Council Member Pete Beierschmitt arrived at 6:39 p.m.
PUBLIC COMMENT BY CITY COUNCIL IN RESPONSE TO
CITIZEN’S OPEN FORUM:
None.
DISCUSSION OF CITY COUNCIL AGENDA:
CALL TO ORDER:
Mayor Jeffries
called the regular meeting to order.
INVOCATION:
Mayor Pro Tem
Steele gave the Invocation.
PLEDGE TO THE FLAG:
Mayor Jeffries led
the Pledge to the Flag and the Texas Pledge.
APPROVAL OF AGENDA AS CONSTITUTED IN PRE-COUNCIL MEETING:
Council
Member Koontz moved approval of the agenda as constituted in pre-council
meeting to include removing New Business Item 8 from the agenda. Council Member Steele seconded the motion,
which prevailed by the following vote:
AYES:
NOES: None
CONSENT AGENDA:
Council Member Beierschmitt moved to approve the consent agenda as discussed. Council Member Steele seconded the motion.
Mayor Jeffries asked for any further discussion.
Council Member Koontz wished to introduce Mr. Rodger Mullins as the newest member of the Civil Service Commission.
Mayor Jeffries explained that this is normally done after the vote is taken.
Mayor Jeffries then called for a vote on the motion, which prevailed by the following vote:
AYES:
NOES: None
The consent agenda included approval as follows:
1. Minutes of Regular Meeting of August 28, 2006
2. Approval of Mayor’s appointment of Council Members in Places 2, 3, and 4 as the interview committee to interview applicants for the various boards, commissions and committees of the city, for a one year term, October 1, 2006 through September 30, 2007, pursuant to Ordinance No. 1177
(a)
Council
(b)
Council
(c)
Council
3. Approval of resignation of Vicki Stone from Place 4 on the Library Board
4. Approval of resignation of Eddie Pietrowicz from Place 3 on the Citizens’ Advisory Board
5. Approval of Official Ballot of the Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election to vote for the following to serve a six year term:
(a) Greg
Ingham of
(b) Harold
Dominguez of
(c) Pat Norriss of Burkburnett in Place 14
6. Approval of Mayor’s appointment of Rodger Mullins to the Civil Service Commission
7. Approval of an Ordinance amending Chapter 8, Article 8.100 of the Code of Ordinances regarding Curfew Hours for Minors to define curfew hours to include normal operating hours of private and public schools in the State of Texas
The ordinance as adopted carries the following caption:
ORDINANCE
NO. 1288
AN ORDINANCE AMENDING CHAPTER 8, ARTICLE 8.100 OF THE CODE OF ORDINANCES FOR THE CITY OF WATAUGA, TITLED CURFEW HOURS FOR MINORS; DEFINING TERMS; CREATING OFFENSES FOR MINORS, PARENTS AND GUARDIANS OF MINORS, AND BUSINESS ESTABLISHMENTS VIOLATING CURFEW REGULATIONS; PROVIDING DEFENSES; PROVIDING FOR ENFORCEMENT BY THE WATAUGA DEPARTMENT OF PUBLIC SAFETY; PROVIDING FOR WAIVER BY THE MUNICIPAL COURT OF JURISDICTION OVER MINORS WHEN REQUIRED UNDER THE TEXAS FAMILY CODE; PROVIDING A PENALTY NOT TO EXCEED A FINE IN THE AMOUNT OF $500.00; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE
8. Approval of award of contract for EMS billing and collection of fees to Intermedix, Inc. of Houston, Texas in the amount of 12% of collections (based on prior year collections, this is $39,225.36) to be taken from account 01-020-7469
Other bidders included ARS Ambulance Reimbursement
Systems, Inc. of
9. Approval of Inter-local agreement and Resolution with City of Fort Worth for household hazardous waste collection for Fiscal Year 2006-2007 in an amount not to exceed $5,200.00 to be taken from account 01-020-7521
The resolution as adopted carries the following caption:
RESOLUTION NO. 06-09-11-01
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS APPROVING AN INTER-LOCAL AGREEMENT WITH THE CITY OF FORT WORTH, TEXAS, FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION; PROVIDING FOR ENVIRONMENTAL INDEMNIFICATION FOR THE CITY’S PARTICIPATION IN THE HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY SPONSORED BY THE CITY OF FORT WORTH, TEXAS; AND PROVIDING AN EFFECTIVE DATE
10. Approval
of a Resolution and attorney letter providing assurances on the funding
requirements for the enforcement of the Industrial Waste Ordinance No. 1276 as
required by the Texas Commission on Environmental Quality and through the
City’s contract with the City of
The resolution as adopted carries the following caption:
RESOLUTION NO. 06-09-11-02
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS PROVIDING ASSURANCES ON THE FUNDING OF REQUIREMENTS OF THE ENFORCEMENT RESPONSE PLAN REQUIRED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
PUBLIC HEARING:
1. Purpose of said public hearing is to discuss and review the Park Vista Public Improvement District, established under the authority of Chapter 372 of the Local Government Code.
The Park
Vista Public Improvement District is approximately 80.7 acres located within
the City of
The Park Vista Public Improvement District generally provides landscaping and maintenance, irrigation, and special fencing maintenance.
The improvements provided by Park Vista Public Improvement District are estimated to cost $18,110 for Fiscal Year 2006-2007.
The
proposed method of assessment for the Park Vista Public Improvement District is
$0.03 assessment rate per $100.00 of assessed value of property located within
the District.
Written or oral objections will be considered at the hearing.
Mayor Jeffries recessed the regular meeting and opened the public hearing at 6:53 p.m. and called upon Finance Director Janina Jewell.
Mrs. Jewell explained that the purpose of said public hearing was to discuss and review the Park Vista Public Improvement District and discussed the budget for the 2006-2007 fiscal year.
The only written comment received was from Gerald & Terri Ross Hinderman, who commented that “My input is simple: don’t spend more than your expected revenue.”
With there being no further discussion on this public hearing, Mayor Jeffries closed the public hearing at 6:53 p.m.
2.
Planning and Zoning Case 06-04: Request for a Zoning Change from existing
(LB) Local Business District to (C) Commercial District at 5749 Watauga Road,
legal description Lot 7, Block 6 of the I.J. Schellinger Addition. The zoning change requested is for the
purpose of possible purchase of
Mayor Jeffries opened the pubic hearing at 6:53 p.m. for discussion on Planning and Zoning Case 06-04.
Mayor Jeffries read the public hearing notice and called upon Mr. Steve Watson.
Mr. Steve Watson explained that he owns and operates an educational facility in Watauga and is trying to purchase the property and replat the property for that use.
Council Member Beierschmitt asked Mr. Watson to tell the Council about the facility.
Mr. Watson stated that it was an educational facility and that they sell books and curriculum and offer counseling and tutoring for people who home school their children.
With there being no further discussion on this public hearing, Mayor Jeffries closed the public hearing at 6:55 p.m. and reconvened the regular meeting.
NEW BUSINESS:
1.
Discussion and action on Planning and Zoning Case
06-02: Request for a Zoning Change from
existing (SF6) Single Family Attached to (LB) Local Business District for a
proposed antique store, to include the first reading of an ordinance. The property is located on the northeast
corner of
Mayor Jeffries called on Finance Director Janina Jewell who then explained that the Planning and Zoning Commission had recommended denial of this case based on non-compliance with the city zoning plan.
Council Member Koontz moved for disapproval of the ordinance for Planning and Zoning Case 06-02. Council Member Steele seconded the motion.
Mayor Jeffries asked for any questions from Council.
Council Member Helmick asked if it needed to be indicated that it was the first reading of the ordinance.
City Attorney Mark Daniel indicated that it did not because they were denying the zoning case.
Mayor Jeffries then called for a vote on the motion, which prevailed by the following vote:
AYES:
NOES: None
2.
Discussion and action on Planning and Zoning Case
06-03: Final Plat of Abstract 700, Tract
3C of the David L. Hall Survey. The
property is located west of
Council Member Koontz moved approval of Planning and Zoning Case 06-03. Council Member Beierschmitt seconded the motion, which prevailed by the following vote:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
3. Discussion and action on Planning and Zoning Case 06-04: Request for a Zoning Change from existing Local Business District to Commercial District at 5749 Watauga Road, legal description Lot 7, Block 6 of the I. J. Schellinger Addition, to include the first reading of an ordinance. The zoning change requested is for the purpose of possible purchase of Lot 7 to be zoned (C) Commercial District contingent upon successful zoning for future replatting. The property owner is Jerold Johnston and the applicant is Steve Watson
Council Member Koontz moved approval of Planning and Zoning Case 06-04. Council Member Helmick seconded the motion, which prevailed by the following vote:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
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 (LB) LOCAL BUSINESS DISTRICT TO (C) COMMERCIAL DISTRICT, 5749 WATAUGA ROAD; SAID ZONING ORDINANCE AMENDMENT HAVING BEEN PRESENTED AS ZONING CASE 06-04; PROVIDING A SAVINGS CLAUSE; ESTABLISHING AN EFFECTIVE DATE
4. Discussion and action on agreement with GSBS Batenhorst for design of the Department of Public Safety (DPS) facilities in an amount of $145,000.00 with additional compensation should the project exceed $2,000,000.00 at 7.25% of the amount over $2,000,000.00
Council Member Adams questioned if the construction costs exceeds $2,000,000.00, then you will be paid an additional 7.25% of the cost overrun. His concern is what will the company do to earn the additional 7.25%. He understood that if the city required additional work and it required additional design work. He requested something be placed in the contract to provide for that provision.
Mr. Batenhorst indicated that his intention was that if the city had additional funds available to do other things with the project that the city had requested, then they would like to see an adjustment to the contract.
Council Member Helmick made a motion for approval of an agreement with GSBS Batenhorst for design of the Department of Public Safety (DPS) facilities in the amount of $145,000.00 with additional compensation should the project exceed $2,000,000.00 at 7.25% of the amount over $2,000,000.00, with the approval of the City Attorney. Council Member Koontz seconded the motion, which prevailed by the following vote:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
5. Discussion
and action on a Resolution approving the tax assessment roll for 2006
Council Member Koontz moved the approval of a Resolution approving the tax assessment roll for 2006. 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. 06-09-11-03
A RESOLUTION APPROVING THE TAX ASSESSMENT ROLL FOR 2006
6. Discussion and action on approval of Watauga Parks Development Corporation proposed budget for Fiscal Year 2006-2007
Council Member Koontz moved approval of the Watauga Parks Development Corporation proposed budget for Fiscal Year 2006-2007. Council Member Helmick seconded the motion, which prevailed by the following vote:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Beierschmitt, Adams
NOES: None
7. Discussion
and action on approval of an Ordinance authorizing the adoption and approval of
the City of Watauga budget for Fiscal Year October 1, 2006 through September
30, 2007
Council Member Koontz moved for the approval of the Ordinance authorizing the adoption and approval of the City of Watauga budget for Fiscal Year October 1, 2006 through September 30, 2007. Council Member Steele seconded the motion.
Mayor Jeffries then called for further discussion from the Council.
Council Member Koontz questioned if it was okay to make the change requested by the Finance Director to change the numbering on the Municipal Court Technology Fund to 21.
City Attorney Mark Daniel indicated that it was permissible.
Mayor Pro Tem Steele thanked staff for their hard work and Council for their input.
Mayor Jeffries then called for a vote on 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. 1289
AN ORDINANCE ADOPTING AND APPROVING A BUDGET FOR FISCAL YEAR BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF WATAUGA, APPROPRIATING THE VARIOUS AMOUNTS THEREOF, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND CALLING FOR AN EFFECTIVE DATE
8. Discussion
and action on approval of an Ordinance authorizing the levying of ad valorem
taxes for Fiscal Year October 1, 2006 through September 30, 2007 in the amount
of $.0580763 per $100 valuation was removed from the agenda during
pre-council meeting.
9. Discussion
and action on approval of a Resolution to continue the Park Vista Public
Improvement District through fiscal year 2006-2007, which establishes a service
plan, budget and assessment plan
Council Member Koontz moved for the approval of the Resolution to continue the Park Vista Public Improvement District through fiscal year 2006-2007. Council Member Helmick 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. 06-09-11-04
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA AUTHORIZING THE CONTINUATION OF THE PARK VISTA PUBLIC IMPROVEMENT DISTRICT ESTABLISHED JANUARY 1999 AS PROVIDED BY CHAPTER 372 OF THE LOCAL GOVERNMENT CODE; DESCRIBING THE METHOD OF ASSESSMENT; PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT THAT THEY ARE IN CONFLICT; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE
10. Discussion
and action on approval of an ordinance levying an assessment rate of $0.03 per
$100.00 of assessed value of property located within the Park Vista Public
Improvement District for 2006-2007 Fiscal Year
Council Member Koontz moved for the approval of an ordinance levying an assessment rate of $0.03 per $100.00 of assessed value of property located within the Park Vista Public Improvement District for the 2006-2007 fiscal year. Council Member Beierschmitt 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. 1290
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS LEVYING ASSESSMENTS FOR USE AND SUPPORT OF THE PARK VISTA PUBLIC IMPROVEMENT DISTRICT OF THE CITY OF WATAUGA, TEXAS FOR THE 2006-2007 FISCAL YEAR; 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. Discussion
and action on an ordinance adding Article 4.2100 of the Code of Ordinances
restricting the location of unattended charitable donation collection
containers provided by a charitable collection center
Council Member Steele moved for the approval of the ordinance adding Article 4.2100 of the Code of Ordinances restricting the location of unattended charitable donation collection containers provided by a charitable collection center. Council Member Thomas seconded the motion, which prevailed by the following vote:
AYES: Griffin, Thomas, Steele, Adams
NOES: Helmick, Koontz, Beierschmitt
The ordinance as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1291
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES FOR THE CITY OF WATAUGA TO ADD ARTICLE 4.2100 RESTRICTING THE LOCATION OF UNATTENDED CHARITABLE DONATION COLLECTION CONTAINERS PROVIDED BY A CHARITABLE COLLECTION CENTER; 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
12. Discussion
and action on an ordinance abolishing the Youth Services and Recreation
Advisory Board, Article 9.1600 of the Code of Ordinances
Council Member Adams moved approval of an ordinance abolishing the Youth Services and Recreation Advisory Board, Article 9.1600 of the Code of Ordinances. Council Member Steele seconded the motion.
Mayor Jeffries asked for any comments from the Council.
Council Member Griffin asked the affected Department Head, Mr. Sal Torres, if he felt there is no further need for this board.
Mr. Torres indicated that was correct.
Mayor Jeffries then called for a vote on 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. 1292
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS ABOLISHING THE YOUTH SERVICES AND RECREATION BOARD; AMENDING THE CODE OF ORDINANCES FOR THE CITY OF WATAUGA TO DELETE ARTICLE 9.1600 OF THE CODE OF ORDINANCES OF THE CITY OF WATAUGA WHICH PROVIDED FOR CREATION, RESIDENCY REQUIREMENT, MEMBERSHIP AND MEETINGS OF THE YOUTH SERVICES AND RECREATION ADVISORY BOARD; 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
13. Discussion
and action on an ordinance abolishing the Recreation and Community Services
Board, Article 9.700 of the Code of Ordinances
Council Member Koontz made a motion to approve an ordinance to abolish the Recreation and Community Services Board, Article 9.700 of the Code of Ordinances. Council Member Steele seconded the motion, which prevailed by the following vote:
AYES: Griffin, Thomas, Steele, Koontz, Adams
NOES: Helmick, Beierschmitt
The ordinance as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1293
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS ABOLISHING THE RECREATION AND COMMUNITY SERVICES BOARD; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATAUGA TO DELETE ARTICLE 9.700 OF THE CODE OF ORDINANCES OF THE CITY OF WATAUGA WHICH PROVIDED FOR CREATION, RESIDENCY REQUIREMENT, MEMBERSHIP, LIAISON, OFFICERS, SERVICE WITHOUT COMPENSATION, MEETINGS AND REPORTS OF THE RECREATION AND COMMUNITY SERVICES BOARD; 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
14. Discussion
and action on an ordinance abolishing the Watauga Citizens’ Advisory Board,
Article 9.1500 of the Code of Ordinances
Council Member Steele moved for approval of the ordinance abolishing the Watauga Citizens’ Advisory Board, Article 9.1500 of the Code of Ordinances. Council Member Koontz seconded the motion.
Mayor Jeffries then called on comments from the Council.
Council Member Thomas wanted to give anyone who was in opposition to abolishing the board an opportunity to voice their concerns.
Mayor Jeffries then called for a vote on the motion, which prevailed by the following vote:
AYES: Griffin, Thomas, Steele, Koontz, Adams
NOES: Helmick, Beierschmitt
The ordinance as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE
NO. 1294
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS ABOLISHING THE CITIZENS’ ADVISORY BOARD; AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATAUGA TO DELETE ARTICLE 9.1500 OF THE CODE OF ORDINANCES OF THE CITY OF WATAUGA WHICH PROVIDED FOR CREATION, POWERS AND DUTIES, RESIDENCY REQUIREMENT, MEMBERSHIP, LIAISONS, OFFICERS, SERVICE WITHOUT COMPENSATION, MEETINGS AND REPORTS OF THE CITIZENS’ ADVISORY BOARD; 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
Mayor Jeffries thanked all members who served on
these boards and invited them to apply for positions on other boards.
ADJOURNMENT:
With there being no further business to discuss at this time, Mayor Jeffries adjourned the meeting at 8:14 p.m.
APPROVED: this ______ day of _____________ 2006
SIGNED: this ______ day of _____________ 2006
APPROVED:
____________________
Henry J. Jeffries, Mayor
ATTEST:
__________________________
Kathleen Wedell, City Secretary
I hereby certify these minutes were posted on Thursday, October 19, 2006 at 2:00 p.m.
__________________________
Kathleen Wedell, City Secretary