MINUTES
WATAUGA CITY COUNCIL
REGULAR MEETING
MONDAY, APRIL 28, 2008
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 6:40 p.m. with the following members present:
Henry J. Jeffries Mayor
Seth Thomas Mayor Pro Tem
Lee Griffin Council Member
Mike Steele Council Member
Richard Helmick Council Member
Ernest P. Koontz Council Member
Roy Meyers Council Member
Jerry Adams Council Member
and
Kerry Lacy City Manager
Mark G. Daniel City Attorney
Daniela Place City Secretary
Sandra Morgan Assistant Finance Director
Johnnie Reagan Director of Public Works
Rande Benjamin Police Chief
Bill Crawford Fire/EMS Chief
Lana Ewell Library Director
Marcia Reyna Director of Human Resources/Civil Services
Albert Garcia Fleet and Building Maintenance Manager
REPORTS
1. Monthly Financial Report, Sandra Morgan, Assistant Finance Director
Assistant Finance Director Sandra Morgan gave the Financial Report for the period ending March 2008.
2. Economic Development Report, Marty Wieder, GSBS Batenhorst
Mr. Wieder briefed the Council on development activities in the City of Watauga. Mr. Weider stated “The Market Place” would be the home of the new Gertrude Tarpley Community Health Center at 6601 Watauga Road and the Tarrant County Public Health and WIC Clinic adjacent to it. The US Postal service will lease space in that location for a retail and service center. Mr. Weider stated that the old Albertsons at the “Brooks Crossing” retail center has sold and is currently being marketed. He further reported that 6 acres across from Chef Point on Watauga Road has been purchased for a mixed-use development.
3. Minutes of Various Boards and Commissions
No discussion was held.
No citizens came forward to speak.
PUBLIC COMMENT BY COUNCIL IN RESPONSE TO CITIZEN’S OPEN FORUM
None.
Mayor Jeffries called the meeting to order at 6:40 p.m.
Council Member Steele gave the invocation.
Mayor Jeffries led the pledge to the flags.
Council Member Koontz moved to approve the agenda as constituted in the pre-council meeting. Council Member Steele seconded the motion, which passed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Meyers, Adams
NAYS: None.
1. Proclamation declaring May 4 – 10, 2008 as Drinking Water Week
Mayor Jeffries read the proclamation.
2. Proclamation declaring May 2008 as Elder Abuse Prevention Month
Mayor Jeffries read the proclamation.
Council Member Helmick moved to approve the consent agenda. Council Member Koontz seconded the motion, which prevailed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Meyers, Adams
NAYS: None.
1. Approval of Minutes of the City Council Meeting held March 24, 2008
2. Approval of Minutes of the City Council Workshop held April 14, 2008
3. Approval of Quarterly Investment Report as of March 31, 2008
4. Reappointment of Stewart Bass to the position of Municipal Court Judge for a two-year term
5. Approval of resignation of Aaron Kaut from the Zoning Board of Adjustment
6. Approval of Mayor’s appointment of Willard Webb to Place 4 on the Zoning Board of Adjustment
7. Authorization and approval to award the 2008 Slurry Seal Project to Viking Construction Utilizing the Intergovernmental Agreement with the City of Hurst for an amount not to exceed $50,000.00
8. Approval and authorization to expend an amount not to exceed $70,000.00 for sidewalk construction and repairs with Reliable Paving to be awarded the construction project utilizing the Intergovernmental Agreement with Tarrant County Contract #2006-112 for concrete work
9. Approval and authorization to purchase one (1) Backhoe Loader from Holt Cat Utilizing Buyboard Contract #268-07 under the City of Watauga’s Interlocal Cooperative for an amount not to exceed $86,729.00 and utilizing the trade-in of the old Case Backhoe Loader valued at $8,000.00, which brings the total cash expense to be a not to exceed amount of $78,729.00
1. Presentation from Faye Beaulieu, Ph.D. for United Way of Tarrant County for the City Council to consider having the application for a Champion for Seniors Award completed
Faye Beaulieu presented information on senior isolation in Northeast Tarrant County. She encouraged the City of Watauga to consider applying for the Senior Friendly Certification as a way to be a part of the Regional Plan to Address Senior Isolation in Northeast Tarrant County.
2. Discussion and action on appointments to Architectural Review Commission for a term of two years.
A. Dwight Dykman
B. Chris Kirchem
Council Member Helmick moved to appointment Dwight Dykeman to the Architectural Review Commission Place 4 for a term of two years. Council Member Steele seconded the motion, which passed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Meyers, Adams
NAYS: None
Council Member Helmick moved to appoint Chris Kirchem to the Architectural Review Commission Place 5 for a term of two years. Council Member Steele seconded the motion, which passed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Meyers, Adams
NAYS: None
3. Confirmation and approval of the City Manager’s recommended appointment of Mr. Scott Neils to the position of Finance Director for the City of Watauga
Council Member Koontz motioned to confirm the approval of the City Manager’s recommended appointment of Mr. Scott Neils to the position of Finance Director for the City of Watauga. The motion was seconded by Council member Helmick and passed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Meyers, Adams
NAYS: None
4. Consideration of adopting a Resolution authorizing continued participation in the Steering Committee of Cities served by Oncor and authorizing the payment of 10 cents per capita for a total amount not to exceed $2,415.00 to the Steering Committee to fund regulatory and related activities associated with Oncor Electric Delivery
City Manager Kerry Lacy reported that due to the City’s Membership in Steering Committee of Cities served by Oncor, Watauga recently received a settlement check in the amount of $23,651.69. Mr. Lacy recommended continued participation.
Council Member Griffin made a motion to adopt a Resolution authorizing continued participation in the Steering Committee of Cities served by Oncor. The motion was seconded by Council Member Koontz and passed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Meyers, Adams
NAYS: None
The Resolution as approved carries the following caption:
CITY OF WATAUGA, TEXAS
RESOLUTION NO. 08-4-28-01
A RESOLUTION AUTHORIZING CONTINUED PARTICIPATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR; AND AUTHORIZING THE PAYMENT OF 10 CENTS PER CAPITA TO THE STEERING COMMITTEE TO FUND REGULATORY AND RELATED ACTIVITIES RELATED TO ONCOR ELECTRIC DELIVERY
5. Consideration on adopting a proposed Ordinance prohibiting and banning handheld cell phone use in active school zones
Council Member Koontz stated that he requested this Ordinance for consideration in an effort to be proactive instead of reactive to possible accidents involving the use of cell phones while driving through school zones.
After discussion, Council Member Steele motioned to approve adoption of the Ordinance prohibiting and banning handheld cell phone use in active school zones. The motion was seconded by Council Member Koontz and passed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Adams
NAYS: Meyers
The Ordinance as approved carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1369
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AMENDING CHAPTER 12 (TRAFFIC AND VEHICLES) OF THE WATAUGA CODE OF ORDINANCES TO ADD ARTICLE 12.2100 BANNING HANDHELD MOBILE TELEPHONE USE IN ACTIVE SCHOOL ZONES; 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. Consideration of a proposed Ordinance to amend Chapter 2, Article 2.1100 of the Watauga Code of Ordinances by adding definitions and restrictions on Tethering Dogs, as well as modifications to the existing Article 2.1100 regarding animal care
Council Member Adams, who requested the proposed Ordinance, stated he had observed dogs in the City that were tethered and neglected, being left out in the elements without shelter or unable to reach their water or food. Mr. Adams stated that the City of Fort Worth recently passed an Ordinance prohibiting tethering and he supported such an Ordinance in Watauga.
Council Member Steele made a motion to approve the Ordinance to amend Chapter 2, Article 2.1100 of the Watauga Code of Ordinances by adding definitions and restrictions on tethering dogs, as well as modifications to the existing Article 2.1100 regarding animal care. The motion was seconded by Council Member Adams and passed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Meyers, Adams
NAYS: None
The Ordinance as approved carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1370
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AMENDING CHAPTER 2 (ANIMAL CONTROL) ARTICLE 2.1100 OF THE WATAUGA CODE OF ORDINANCES TO PROVIDE REQUIREMENTS AND REGULATIONS FOR UNATTENDED TETHERING OF DOGS, 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
7. Consideration of approving an Ordinance amending Chapter 3 of the Watauga Code of Ordinances by adding Articles 3.1900 to be known as the Property Maintenance Code
Director of Public Works Johnnie Reagan reported that on December 17, 2007 the City Council approved Ordinance 1349 requiring registration, a permit and a permit fee for single-family rental units. The Ordinance currently under consideration would ensure that single-family residences as well as single-family rental property is maintained in proper condition, prevent unsightly conditions, and are safe for occupancy. The proposed Ordinance covers aspects such as electrical, mechanical, plumbing, interior conditions, exterior conditions, trash, vermin and pest issues.
The Council discussed the proposed Ordinance, specifically the sections dealing with:
* the sale or transfer of substandard property,
* access to homes for inspection,
* authority of the Code Enforcement personnel.
City Attorney Mark Daniel stated that he would redraft the Ordinance based upon the concerns expressed and resubmit it for Council consideration.
Council Member Adams made a motion for the City Attorney to rework the Ordinance taking into account the desires expressed by the Council and place the proposed Ordinance on the next City Council Agenda. Council Member Koontz seconded the motion, which passed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Meyers, Adams
NAYS: None
8. Consideration of a proposed Ordinance amending Chapter 4, Article 4.100, Sections 4.102 and 4.105 prohibiting construction of new off-site billboards and prohibit the conversion of existing billboards to changeable electronic variable message signs
City Manager Kerry Lacy explained that recent action by TxDOT would allow multi-colored electronic changeable message LED billboards along interstates and federal highways. Mr. Lacy stated that this might be expanded to include state highway systems in the future, which is why the Ordinance is presented.
Council Member Helmick made a motion to approve the Ordinance amending Chapter 4, Article 4.100, Sections 4.102 and 4.105 prohibiting construction of new off-site billboards and prohibit the conversion of existing billboards to changeable electronic variable message signs. Council Member Griffin seconded the motion, which passed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Meyers, Adams
NAYS: None
The Ordinance as approved carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1371
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AMENDING CHAPTER 4 (BUSINESS REGULATIONS), ARTICLE 4.100 (SIGNS AND BILLBOARDS), SECTIONS 4.102 AND 4.105 PROHIBITING THE CONSTRUCTION OF NEW OFF-SITE BILLBOARDS AND PROHIBITING THE CONVERSION OF EXISTING BILLBOARDS TO CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGNS; 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
9. Consideration of a proposed Ordinance that would amend Chapter 14, Article 14.100, Section 14.106 and Article 14.200, Section 14.201 by incorporating the Payday Loan Business in the Code pertaining to zoning and repeal of the previous Ordinance Number 1366
City Manager Lacy explained that after further review of Ordinance 1366 dealing with Payday Loan Businesses, it was felt that the regulation of these types of businesses should fall under the Zoning Codes and not as a stand-alone regulation.
Council Member Helmick made a motion to approve the Ordinance amending Chapter 14, Article 14.100, Section 4.106 and Article 14.200, Section 14.201 by incorporating the Payday Loan Business in the Code pertaining to zoning and repeal of the previous Ordinance Number 1366. Mayor Pro Tem Thomas seconded the motion.
City Attorney Mark Daniel stated that Ordinance 1366 was not actually part of the language of the proposed Ordinance and therefore should not be part of the motion.
Council Member Helmick and Mayor Pro Tem Thomas agreed to make the amendment to the motion to remove reference to Ordinance Number 1366. The vote on amending the motion passed unanimously.
The vote on the motion to approve the Ordinance amending Chapter 14, Article 14.100, Section 4.106 and Article 14.200, Section 14.201 by incorporating the Pay Day Loan Business in the Code pertaining to Zoning passed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Meyers, Adams
NAYS: None
The Ordinance as approved carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1372
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AMENDING CHAPTER 14 (ZONING) ARTICLE 14.100, SECTION 14.106 AND ARTICLE 14.200 SECTION 14.201 OF THE WATAUGA CODE OF ORDINANCES TO ADD A DEFINITION FOR A PAY DAY LOAN BUSINESS AND TO ADD PAYDAY LOAN BUSINESS TO THE PERMITTED USE TABLE AND TO ADD A SPECIAL CONDITION TO THE PERMITTED USE TABLE; 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 recessed the regular meeting at 7:51 p.m. and announced the City Council would go into Executive Session pursuant to Chapter 551 of the Texas Local Government Code, Section 551.087 Deliberations regarding Economic Development Negations:
1. To discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or
2. To deliberate the offer of a financial or other incentive to a business prospect described by Subdivision 1.
Items of Executive Session Discussion or Deliberation:
The Council reconvened in regular session at 8:32 p.m. and the following action was taken as a result of the executive session:
Mayor Pro Tem Thomas made a motion to take no action on Executive Session Item 1. The motion was seconded by Council Member Steele and passed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Meyers, Adams
NAYS: None
Mayor Pro Tem Thomas made a motion to take no action on Executive Session Item 2. The motion was seconded by Council Member Steele and passed as follows:
AYES: Griffin, Thomas, Steele, Helmick, Koontz, Meyers, Adams
NAYS: None
ADJOURNMENT:
The meeting adjourned at 8:34 p.m.
APPROVED: this _____day of May 2008.
SIGNED: this _____day of May 2008.
APPROVED:
ATTEST:
________________________
Seth Thomas, Mayor Pro Tem
_________________________
Daniela Place, City Secretary