MINUTES
WATAUGA CITY COUNCIL
REGULAR MEETING
MONDAY, DECEMBER 17, 2007
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 6:30 p.m. and in regular session at 6:33 p.m. with the following present:
Henry J. Jeffries Mayor
Mike Steele Council Member
Ernest P. Koontz Council Member
Roy Meyers Council Member
Jerry Adams Council Member
Lee Griffin Council Member
and
Kerry Lacy City Manager
Mark G. Daniel City Attorney
Daniela Place City Secretary
Janina Jewell Director of Finance
Johnnie Reagan Director of Public Works
Rande Benjamin Police Chief
Bill Crawford Fire/EMS Chief
Albert Garcia Fleet and Building Maintenance Manager
Lana Ewell Library Director
Marcia Reyna Director of Human Resources/Civil Service
with
Council Members Helmick and Thomas absent. Council Member Griffin arriving at 6:40 p.m.
Mayor Jeffries called the pre-council meeting to order.
REPORTS:
1. Financial Report, Janina Jewell, Director of Finance
Ms. Jewell reported that October sales tax for the General Fund and the Park Development Fund was up 13% from prior year and that the Watauga Crime Control and Prevention District Fund reflected an increase of 15.6%.
Ms. Jewell further reported that the City of Watauga received an A+ rating from Standard and Poor’s Bond Rating agency.
2. Minutes of various boards and commissions
The minutes were provided in the Council packet.
DISCUSSION OF CITY COUNCIL
AGENDA:
Council Member Adams suggested that new business item 1 should become new business item 2 since it was contingent on the approval of item 2.
CITIZENS OPEN FORUM:
There were no requests to speak.
PUBLIC COMMENT BY CITY COUNCIL IN RESPONSE TO CITIZEN’S
OPEN FORUM:
There were no comments.
CALL TO ORDER:
Mayor Jeffries called the meeting to order at 6:33 p.m.
INVOCATION:
Pastor Michael W. Switzer gave the invocation.
PLEDGE TO THE FLAG AND THE
TEXAS FLAG:
Mayor Jeffries led the pledge to the Flag and the Texas Flag.
APPROVAL OF AGENDA AS
CONSTITUTED IN PRE-COUNCIL:
Council Member Koontz moved to approve the agenda as constituted in pre-council, switching the order of new business item 1 and new business item 2. The motion was seconded by Council Member Steele and passed as follows:
AYES: Koontz, Steele, Meyers, Adams
NOES: None
ABSENT: Griffin, Thomas, Helmick
CONSENT AGENDA:
Council Member Koontz moved to approve the consent agenda. The motion was seconded by Council Member Steele and passed as follows:
AYES: Koontz, Steele, Meyers, Adams, Griffin
NOES: None
ABSENT: Thomas, Helmick
1. Approval of City Council Meeting Minutes of November 19, 2007
2. Approval of a Resolution authorizing the procedure in Texas Government Code, Chapter 143, Section 143.014 for the appointment and removal of persons in civil service positions classified immediately below department heads
CITY OF WATAUGA, TEXAS
RESOLUTION NO. 07-12-17-01
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AUTHORIZING THE PROCEDURES OUTLINED IN THE TEXAS LOCAL GOVERNMENT CODE SECTION 143.014 FOR THE APPOINTMENT AND REMOVAL OF PERSONS IN CIVIL SERVICE POSITIONS CLASSIFIED IMMEDIATELY BELOW DEPARTMENT HEAD; 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
3. Approval of the City Manager’s appointment of Lana Ewell to the position of Library Director for the City of Watauga
4. Approval of new patches for the City of Watauga Police Department
5. Approval of an agreement for general engineering services between the City of Watauga and GSWW, Inc. and authorization for the City Manager to negotiate a specific engineering agreement with GSWW, Inc. for services related to the 34th Year CDBG project
PUBLIC HEARINGS:
1. Planning and Zoning Case 07-14: Request for approval of a Zoning Change from existing (SF6) Single Family Residential District to (CF) Community Facility District at 5748 Bonnie Drive, to be known as Block 6, Lot 9R, of the I.J. Schellinger Addition. The Zoning Change request is due to the property being purchased by a church. The property owner is Victory Tabernacle Holiness Church represented by Pastor Michael W. Switzer.
Mayor Jeffries recessed the regular Council Meeting at 6:41 p.m. and opened the Public Hearing.
Pastor Switzer was present to address the City Council regarding this agenda item. He stated that the Church purchased the property and would like to rezone a portion of it from Single Family to Community Facilities.
No one else came forward to speak and the Mayor closed the public hearing at 6:43 p.m.
2. Planning and Zoning Case 07-15: Request for a Site Plan and Specific Use Permit approval in an existing (LB) Local Business District located on the east side of Denton Highway known as 6900 Denton Highway also known as Block 6, Lot A2, Suites 107 & 108 of the Bunker Hill Addition. This request is for a proposed Furniture and Mattress Retail Store. The property owner is Sanki Plaza Ltd. Property Manager, Kim Sallinger. The applicant is Yevgenia Rogatina, business owner.
At 6:43 p.m. Mayor Jeffries opened the second public hearing.
Kim Sallinger, Property Manager, was present and addressed the City Council. Mr. Sallinger stated that the store would consist of 3020 square foot of space to be utilized for a proposed Furniture and Mattress Retail Store.
Mayor Jeffries closed the public hearing at 6:45 p.m. and reconvened the regular Council Meeting.
NEW BUSINESS:
1. Discussion and action on Planning and Zoning Case 07-14, request for approval of a Zoning Change from existing (SF6) Single Family Residential District to (CF) Community Facility District at 5748 Bonnie Drive, to include the first reading of the Ordinance. The legal description is Block 6, Lot 9R, of the I.J. Schellinger Addition. The Zoning Change request is due to the property being purchased by a church. The property owner is Victory Tabernacle Holiness Church represented by Pastor Michael W. Switzer.
This item was moved from Item 2 to 1.
Council Member Adams stated that Texas Local Government Code requires the affirmative vote of at least three-fourths of all members of the governing body for approval of this zone change due to the protest letters received.
Public Works Director Johnnie Reagan stated that some of the concern was clarified at the Planning and Zoning meeting when the public was informed that the request was not to build a church.
City Attorney Mark Daniel stated that they could not take action to rezone this property without a three-fourths affirmative vote of the City Council.
City Manager Kerry Lacy asked for clarification on what constituted three-fourths of the City Council. Mr. Daniel responded that 6 City Council Members constituted three-fourths of the City Council.
Council Member Koontz moved to take no action on Planning and Zoning Case 07-14. Council Member Griffin seconded the motion, which prevailed as follows:
AYES: Koontz, Steele, Meyers, Adams, Griffin
NOES: None
ABSENT: Thomas, Helmick
2. Discussion and action on Planning and Zoning Case 07-13, a final plat of the I.J. Schellinger Addition, Lots 9R and 10R of Block 6 being a re-plat of lots 9 & 10, Block 6, of the I.J. Schellinger Addition. The properties are located at 5744 and 5748 Bonnie Drive. The Surveyor is Susan L. Stewart, R.P.L.S. with Fulton Surveying, Inc. The property owner and applicant is Victory Tabernacle Holiness Church represented by Pastor Michael W. Switzer.
This item was moved from Item 1 to Item 2.
Council Member Griffin made a motion to approve the final plat of the I.J. Schellinger Addition, Lots 9R and 10R of Block 6 being a replat of lots 9 & 10, Block 6, of the I.J. Schellinger Addition. The motion was seconded by Council Member Koontz and passed as follows:
AYES: Koontz, Steele, Meyers, Adams, Griffin
NOES: None
ABSENT: Thomas, Helmick
3. Discussion and action on Planning and Zoning Case 07-15, request for a Site Plan and Specific Use Permit approval in an existing (LB) Local Business District located on the east side of Denton Highway known as 6900 Denton Highway, to include the first reading of the Ordinance. The legal description is Block 6, Lot A2, Suites 107 & 108 of the Bunker Hill Addition. This request is for a proposed Furniture and Mattress Retail Store. The property owner is Sanki Plaza Ltd. Property Manager, Kim Sallinger. The applicant is Yevgenia Rogatina, business owner.
Council Member Koontz moved for the approval of the Site Plan and Specific Use Permit for zoning case 07-15, 6900 Denton Highway. Council Member Steele seconded the motion, which passed as follows:
AYES: Koontz, Steele, Meyers, Adams, Griffin
NOES: None
ABSENT: Thomas, Helmick
The Ordinance as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO.
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS PROVIDING FOR THE GRANT OF A SPECIFIC USE PERMIT IN PLANNING AND ZONING CASE 07-15; PURSUANT TO SECTION 14.602 OF THE CODE OF ORDINANCES OF THE CITY OF WATAUGA, TEXAS CONCERNING SPECIFIC USE PERMITS THEREFORE; PROVIDING FOR ALL ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT THAT THEY ARE IN CONFLICT; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE
4. Discussion and action on a proposed Ordinance amending Chapter 3 of the Watauga Code of Ordinances by adding Article 13.1800 establishing permit regulations, registration and inspection of single-family dwelling units.
Public Works Director Johnnie Reagan stated that this Ordinance would amend the Building Regulations to allow inspections of single-family residences rental units. Several cities have adopted such an inspection program and many citizens have made the request due to the poor conditions of their rental property.
Council Member Adams suggested that the wording of the introduction of the Ordinance be amended to read “Now, Therefore, Be it Ordained by the City Council for the City of Watauga, Texas that Chapter 3, Article 13.1800 of the Code of Ordinances for the City of Watauga be amended to add the following provisions:”
City Attorney Mark Daniel agreed with the recommended change and said he would make the change and send the Ordinance to the City Secretary.
Council Member Griffin moved to approve the Ordinance, with the recommended change, amending Chapter 3 of the Watauga Code of Ordinances by adding Article 13.1800 establishing permit regulations, registration and inspection of single-family dwelling units. The motion was seconded by Council Member Meyers, which prevailed as follows:
AYES: Koontz, Steele, Meyers, Adams, Griffin
NOES: None
ABSENT: Thomas, Helmick
The Ordinance as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1349
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AMENDING CHAPTER 3, BUILDING REGULATIONS, TO ADD ARTICLE 13.1800 ESTABLISHING REGULATIONS REQUIRING A PERMIT, REGISTRATION AND INSPECTION OF SINGLE-FAMILY DWELLING RENTAL UNITS; 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
5. Discussion and action on a proposed Ordinance providing for the abandoning and vacating of a utility easement for the purpose of installing a single master meter instead of separate meters per building for the Park Vista Town Home Complex.
City Manager Kerry Lacy stated that during the original construction the complex was provided with individual meters per each building. However, due to various reasons and concerns it is believed that it would be in the City’s best interest to abandon the easement and individual building meters and replace them with one master meter for the whole complex. The developer agrees.
Council Member Koontz moved to approve the Ordinance providing for the abandoning and vacating of a utility easement for the purpose of installing a single master meter. Council Member Griffin seconded the motion, which prevailed as follows:
AYES: Koontz, Steele, Meyers, Adams, Griffin
NOES: None
ABSENT: Thomas, Helmick
The Ordinance as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
ORDIANNCE NO. 1350
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS ABANDONING AND VACATING 2,592 FEET OF AN APPROXIMATELY 3,392 FOOT UTILITY EASEMENT IN THE CITY OF WATAUGA, TEXAS, AS HEREINAFTER DESCRIBED; 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
6. Discussion and action on a proposed Ordinance amending Chapter 11, Article 11.100 of the Watauga Code of Ordinances by adding a new section 11.107 “Taxation of Tangible Personal Property in Transit” providing for the ad valorem taxation of tangible personal property in transit or “Super Freeport” goods pursuant to Section 11.253 of the Texas Tax Code
City Manager Lacy stated that the Ordinance should be amended in the same manner as Item No. 4 in that the wording should read “be amended to add the following provisions:”
City Manager Kerry Lacy and Finance Director Janina Jewell explained that the “Super Freeport” tax is a property tax exemption for goods temporarily housed in a warehouse within the corporate boundaries of a municipality. The exemption is an “opt out” type. This means that if a municipality does not adopt an Ordinance to tax these type goods, the exemption will automatically take place January 1, 2008. It was further stated that there is an estimated exemption of $128,538.00 in taxable goods if the Ordinance to opt out is not passed.
Council Member Griffin made a motion to adopt the Ordinance amending Chapter 11, Article 11.100 of the Watauga Code of Ordinances by adding a new section 11.107 “Taxation of Tangible Personal Property in Transit” providing for the ad valorem taxation of tangible personal property in transit or “Super Freeport” goods. The motion was seconded by Council Member Adams and passed as follows:
AYES: Koontz, Steele, Meyers, Adams, Griffin
NOES: None
ABSENT: Thomas, Helmick
The Ordinance as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1351
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS, AMENDING CHAPTER 11, TAXATION, ARTICLE 11.100 AD VALOREM TAXES OF THE CODE OF ORDINANCES OF THE CITY OF WATAUGA, TEXAS, BY ADDING A NEW SECTION 11.107, ENTITLED “TAXATION OF TANGIBLE PERSONAL PROPERTY IN TRANSIT” OR “SUPER FREEPORT” GOODS PURSUANT TO SECTION 11.253 OF THE TEXAS TAX CODE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR SAID ORDINANCE TO TAKE IMMEDIATE EFFECT
EXECUTIVE SESSION:
There was no executive session held.
ADJOURNMENT:
The meeting adjourned at 7:17 p.m.
APPROVED: this ________ day of ______________ 2007.
SIGNED: this ________ day of ______________ 2007.
APPROVED:
______________________
Henry J. Jeffries, Mayor
ATTEST:
_______________________________
Daniela Place, City Secretary