MINUTES
WATAUGA CITY COUNCIL
REGULAR MEETING
MONDAY, OCTOBER 23, 2006
CITY HALL COUNCIL CHAMBER, 7105 WHITLEY ROAD
6:30 P.M.
The City Council of the City of Watauga, Texas convened in pre-council at 6:45 p.m. and in regular session at 6:53 p.m. on Monday, October 23, 2006 with the following members present:
Henry J. Jeffries Mayor
Ernest P. Koontz Council Member
Richard Helmick 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
Kathleen Wedell City Secretary
with
Mayor Pro Tem Steele and Council Member Thomas absent.
PRE-COUNCIL:
Mayor Jeffries called the pre-council meeting to order.
REPORTS:
City Manager’s Monthly Report:
1. Minutes of various boards and commissions
2. Quarterly Investment Report as of September 30, 2006
Mayor Jeffries explained that the financial report was given during the October 9, 2006 Council Meeting, therefore there was no discussion on this item.
CITIZEN’S OPEN FORUM:
Mrs. Zofia Maronski of 6624 Rickee Court spoke concerning drainage issues at her residence.
PUBLIC COMMENT BY CITY COUNCIL IN RESPONSE TO CITIZEN’S OPEN FORUM:
City Attorney Mark G.
Daniel explained that the claim made by the Maronski’s, which was turned over
to the city’s insurance, was not covered due to the Texas Tort Claims Act.
DISCUSSION OF CITY COUNCIL AGENDA:
There was no discussion
of the City Council agenda.
CALL TO ORDER:
Mayor Jeffries called the
regular meeting to order.
INVOCATION:
Council Member Griffin
gave the Invocation.
PLEDGE TO THE FLAG:
TEXAS PLEDGE
– “Honor the Texas Flag: I pledge allegiance to Thee, Texas, one and
indivisible”
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 for the approval of the agenda as constituted in pre-council
meeting. Council Member Helmick seconded
the motion, which prevailed by the following vote:
AYES: Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
PRESENTATIONS:
1. Mr. Kirby Sabey of the Target Corporation will
present the Watauga Department of Public Safety with a check for the Internet
Child Predator Program through the Criminal Investigations Division
Mr.
Kirby Sabey of the Target Corporation presented a check to Chief Bruce Ure and
Officer Tiffany Ward of the Watauga Department of Public Safety for the
Internet Child Predator Program.
2. Proclamation to proclaim November 6 through 10, 2006
as Municipal Courts Week in the City of Watauga
Mayor
Jeffries read and presented a proclamation to Judge J. Stewart Bass; Municipal
Court Coordinator Misty Martin; and Municipal Court Clerk Stephanie Chaffin in
recognition of November 6 through 10, 2006 being Municipal Courts Week in the
City of Watauga.
CONSENT AGENDA:
Council Member
Beierschmitt moved to approve the consent agenda. Council Member Helmick seconded the motion,
which prevailed by the following vote:
AYES: Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
The consent agenda
included approval as follows:
1. Minutes of Regular Meeting of September 11, 2006
2. Minutes of Special Meeting of September 14, 2006
3. Minutes of Workshop of September 25, 2006
4. Minutes of Special Meeting and Workshop of October
9, 2006
5. Approval of Clifton Beck, Human Resource/Civil
Service Director and Bruce Ure, Director of Public Safety to be able to serve
as Acting City Manager during the City Manager’s absence as per Watauga City
Charter, Section 7.01 (C) (8)
6. Authorization and approval to pay Texas Municipal
League Intergovernmental Risk Pool $295,391.19 for continued coverage of
Liability, Property and Workers’ Compensation Insurance for the City of Watauga
7. Approval and authorization to purchase four (4)
Dodge Charger V6 police package units with a five (5) year or 75,000 mile
extended warranty for a total cost of $87,900.00
NEW BUSINESS:
1. Discussion and action on approval of an Economic
Development and Marketing Agreement with GSBS for Fiscal Year 2006/2007 in an
amount not to exceed $50,000.00
Council
Member Koontz moved for the approval of the Economic Development and Marketing
Agreement with GSBS for Fiscal Year 2006/2007 in an amount not to exceed
$50,000.00. Council Member Helmick
seconded the motion.
Council
Member Adams questioned the amounts, and explained that he believed last time,
it was $40,000 for GSBS and $10,000 additional funds if needed and wanted to
know if this was as it was set up before.
City
Manager Kerry Lacy indicated this was the way it was set up last year.
Mayor
Jeffries then called for the vote, which prevailed by the following vote:
AYES: Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
2. Discussion and action on a proposed ordinance to
repeal the 1998 Comprehensive Land Use Plan for the City of Watauga
Council
Member Griffin moved for approval of the ordinance to repeal the 1998
Comprehensive Land Use Plan for the City of Watauga. Council Member Beierschmitt seconded the
motion, which prevailed by the following vote:
AYES: Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
The
ordinance as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1296
AN
ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS REPEALING THE 1998
COMPREHENSIVE LAND USE PLAN FOR THE CITY OF WATAUGA, TEXAS; 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
3. Discussion and action on a proposed resolution
supporting the Joint Recommendation for Regional Rail in North Central Texas as
brought forth by The T, DART and DCTA, as well as endorsing the concept of a 2%
local option sales tax to fund public transit
Council
Member Koontz moved for the approval of a proposed resolution supporting the
joint recommendation for regional rail in North Central Texas as brought forth
by The T, DART, and DCTA, as well as endorsing the concept of a 2% local option
sales tax to fund public transit.
Council Member Griffin seconded the motion, which prevailed by the
following vote:
AYES: Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
The
resolution as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
RESOLUTION NO. 06-10-23-01
A
RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS ENDORSING THE
CONCEPT OF LOCAL OPTION FUNDING OF PUBLIC TRANSIT IN THE REGION BY EXEMPTING AN
AMOUNT EQUAL TO THE LOCALLY AUTHORIZED TRANSIT SALES TAX FROM THE 2% LOCAL
SALES TAX CAP
4. Discussion and action on approval of Mayor’s
appointment of Roma Bowman to Place 4 on the Parks Development Corporation
Council
Member Koontz moved the approval of the Mayor’s appointment of Roma Bowman to
Place 4 on the Parks Development Corporation.
Council Member Beierschmitt seconded the motion, which prevailed by the
following vote:
AYES: Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
5. Discussion and action on approval of Mayor’s
appointment of Roma Bowman to Place 7 on the Charter Review Commission
Council
Member Koontz moved the approval of the Mayor’s appointment of Roma Bowman to
Place 7 on the Charter Review Commission.
Council Member Beierschmitt seconded the motion, which prevailed by the
following vote:
AYES: Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
6. Discussion and action on approval of Mayor’s
reappointment of Robert Daniel to Place 2 on the Parks Development Corporation
Council
Member Koontz moved the approval of the Mayor’s reappointment of Robert Daniel
to Place 2 on the Parks Development Corporation. Council Member Helmick seconded the motion,
which prevailed by the following vote:
AYES: Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
7. Discussion and action on approval of Mayor’s
reappointment of Mary Jan Hill to Place 3 on the Parks Development Corporation
Council
Member Koontz moved for the approval of the Mayor’s reappointment of Mary Jan
Hill to Place 3 on the Parks Development Corporation. Council Member Helmick seconded the motion,
which prevailed by the following vote:
AYES: Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
8. Discussion and action on approval of Mayor’s
reappointment of James Peel to Place 6 on the Parks Development Corporation
Council
Member Koontz moved for the approval of the Mayor’s reappointment of James Peel
to Place 6 on the Parks Development Corporation. Council Member Beierschmitt seconded the
motion, which prevailed by the following vote:
AYES: Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
9. Discussion and action on an ordinance amending Appendix
A, Article 3.000, Section 3.100(a); Section 3.200(b); Section 3.300; Section
3.400; Section 3.600; Section 3.700; and Section 3.900, as well as Chapter 2,
Article 2.100; Article 2.600, Section 2.609 of the Watauga Code of Ordinances
in relation to animal control, Animal Service Center fees, and harboring wild
animals
Council
Member Beierschmitt had questions concerning what the difference was between
Section 3.600 and Section 3.700 because they look conflicting.
Chief
Ure explained that he would have to research the item.
Council
Member Koontz requested that under Section 3.700 (d) be changed from “seeing
eye dogs” to “service dogs”.
After
some discussion, Council Member Griffin moved to table an ordinance amending
Appendix A, Article 3.000; Section 3.100(a); Section 3.200(b); Section 3.300;
Section 3.400; Section 3.600, Section 3.700; and Section 3.900 as well as
Chapter 2, Article 2.100; Article 2.600; Section 2.609 of the Watauga Code of
Ordinances in relation to animal control, Animal Service Center fees, and
harboring wild animals. Council Member
Helmick seconded the motion, which prevailed by the following vote:
AYES:
Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
10. Discussion and action on an ordinance authorizing
the issuance of “City of Watauga, Texas General Obligation Refunding Bonds,
Series 2006”, levying an annual ad valorem tax, within the limitations
prescribed by law, for the payment of the bonds; prescribing the form, terms,
conditions, and resolving other matters incident and related to the issuance,
sale, and delivery of the bonds; authorizing the execution of a paying
agent/registrar agreement, a purchase and investment letter, and an escrow and
trust agreement, complying with the requirements of the blanket letter of
representations with the depository trust company; and providing an effective
date
Council
Member Koontz moved for the approval of the ordinance authorizing the issuance
of “City of Watauga, Texas General Obligation Refunding Bonds, Series 2006”,
levying an annual ad valorem tax, within the limitations prescribed by law, for
the payment of the bonds; prescribing the form, terms, conditions, and
resolving other matters incident and related to the issuance, sale, and
delivery of the bonds; authorizing the execution of a paying agent/registrar
agreement, a purchase and investment letter, and an escrow and trust agreement,
complying with the requirements of the blanket letter of representations with
the depository trust company; and providing an effective date. Council Member Helmick seconded the motion,
which prevailed by the following vote:
AYES: Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
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 Pre-Council Conference Room, 7105 Whitley Road, as follows:
1. The City Council will convene in executive session
pursuant to the (Open Meetings Act), Chapter 551 of the Texas Government Code,
Section 551.071 Consultation with Attorney:
A. To seek advice of the City Attorney about:
1. Pending or contemplated litigation; or
2. A settlement offer.
Item
to be discussed: Theodore J. Gerardi vs.
City of Watauga, Texas
Mayor Jeffries recessed
the regular meeting at 7:59 p.m. and the City Council convened in Executive
Session in the Pre-Council Conference Room.
The City Council will
return to open session in the City Council Chamber for possible discussion and
action as a result of the Executive Session as follows:
A. To seek advice of the City Attorney about:
1.
Pending or
contemplated litigation; or
2.
A settlement
offer.
Item
to be discussed: Theodore J. Gerardi vs.
City of Watauga, Texas
Mayor Jeffries reconvened
the regular meeting at 8:11 p.m. with all members present, with the exception
of Council Member Thomas and Mayor Pro Tem Steele.
Council Member Griffin
moved to approve for the Mayor to sign a settlement agreement in connection
with the case involving Theodore J. Gerardi vs. the City of Watauga and
authorize the Mayor to sign a settlement agreement. Council Member Koontz seconded the motion,
which prevailed by the following vote:
AYES: Griffin, Helmick, Koontz, Beierschmitt, Adams
NOES: None
ABSENT: Thomas, Steele
ADJOURNMENT:
With there being no
further business to conduct at this time, Mayor Jeffries adjourned the meeting
at 8:13 p.m.
APPROVED: this ______ day of ______________ 2006
SIGNED: this ______ day of ______________ 2006
APPROVED:
____________________
Henry
J. Jeffries, Mayor
ATTEST:
__________________________
Kathleen Wedell, City
Secretary