MINUTES
WATAUGA CITY COUNCIL
REGULAR MEETING
MONDAY, MAY 19, 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 6:35 p.m. with the following members present:
Seth Thomas Mayor Pro Tem
Richard Helmick 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
Scott Neils 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 Service
Sal Torres Director of Parks and Community Services
Albert Garcia Fleet and Building Maintenance Manager
with
Council Member Steele and Mayor Jeffries absent with notice. *Council Member Griffin arriving at 7:07
REPORTS
1. Monthly Financial Report, Scott Neils, Finance Director
Finance Director Scott Neils gave the Financial Report for the month ending April 2008.
2. Minutes of Various Boards and Commission
These were provided in the packets.
There was no discussion held.
No citizens came forward to speak.
PUBLIC COMMENT BY COUNCIL IN
RESPONSE TO CITIZEN’S OPEN FORUM
None.
Mayor Pro Tem Thomas called the meeting to order.
Council Member Adams gave the invocation.
Mayor Pro Tem Thomas led the pledge to the flags.
APPROVAL OF AGENDA AS
CONSTITUTED IN PRE-COUNCIL MEETING
Council Member Koontz moved to approve the agenda as constituted in the pre-council meeting. Council Member Helmick seconded the motion, which passed as follows:
AYES: Thomas, Helmick, Koontz, Meyers, Adams
NAYS: None
ABSENT: Jeffries, Griffin, Steele
PRESENTATIONS
1. Proclamation for Motorcycle Awareness
Mayor Pro Tem Thomas read the proclamation for Motorcycle Safety and Awareness.
2. Proclamation to Sarge and Roma Bowman
Mayor Pro Tem Thomas presented Sarge and Roma Bowman a proclamation in celebration of their 50-year wedding anniversary.
CONSENT AGENDA
Council Member Helmick moved to approve the consent agenda. Council Member Koontz seconded the motion, which prevailed as follows:
AYES: Thomas, Helmick, Koontz, Meyers, Adams
NAYS: None
ABSENT: Jeffries, Steele, Griffin
The consent agenda was approved as follows:
1. Approval of Minutes of the City Council Meeting held April 28, 2008
2. Approval of a Resolution authorizing
Scott Neils, Kerry Lacy, Sandra Morgan and Daniela Place as the Authorized
Representatives to transact business with TexPool Participant Services and
providing that Scott Neils will be the primary representative for the City of
Watauga and Lou Ann Scherer for inquiry of information only
The Resolution as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
RESOLUTION NO. 08-05-19-03
A RESOLUTION AMENDING THE AUTHORIZED REPRESENTATIVES TO TRANSMIT FUNDS FOR INVESTMENT IN TEXPOOL/TEXPOOL PRIME AND TO WITHDRAW FUNDS FROM TIME TO TIME, TO ISSUE LETTERS OF INSTRUCTION, AND TO TAKE ALL OTHER ACTIONS DEEMED NECESSARY OR APPROPRIATE FOR THE INVESTMENT OF LOCAL FUNDS
3. Approval of a Resolution amending
Resolution 08-1-28-03 that would provide for the Finance Director to be the
fourth signatory on checks, drafts and other banking requirements
The Resolution as adopted carries
the following caption:
CITY OF WATAUGA, TEXAS
RESOLUTION NO. 08-05-19-02
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS PURSUANT
TO ORDINANCE NO. 407 AND AMENDING RESOLUTION NO. 08-1-28-03 DESIGNATING THE
RIGHTS OF THE MAYOR AND THE MAYOR PRO TEM AS HAVING PRIMARY RESPONSIBILITY TO
EXECUTE CHECKS ON BEHALF OF THE CITY
4. Approval of a Bank Depository Agreement, Security Agreement and Pledgee Agreement Form with the City of Watauga and Frost Bank to provide Bank Depository Services for a three (3) year period with an expense of approximately $396.58 per month
5. Approval of an Ordinance that would repeal Chapter 4, Article 4.2200, Sections 4.2201, 4.2202, 4.2203, 4.2204, 4.2205, 4.2206, 4.2207, 4.2208 and 4.2209 of the Watauga Code of Ordinances that originally provided regulations for “Payday Loan” business which is now proposed to be considered under Zoning Regulations
The Ordinance as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1372
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS, REPEALING CHAPTER 4 (BUSINESS REGULATIONS), ARTICLE 4.2200 OF THE WATAUGA CODE OF ORDINANCES ESTABLISHING REGULATIONS FOR PAYDAY LOAN BUSINESSES; 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. Appointment of Sgt. William Sink to the Watauga Animal Services Center Advisory Committee to fill the vacant seat previously held by Lt. Phillip Adams
7. Approval of a Mutual Aid Fire Protection and Emergency Medical Services Agreement between the City of Watauga and the Cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, Trophy Club and Westlake
8. Approval to purchase one (1) Cab and Chassis from Sam Pack’s Five Star Ford for $16,372.00 and one (1) Animal Transport Unit from Deerskin Manufacturing, including installation, for $21,950.00 with the total authorized purchases not to exceed $38,500.00 to allow for any unforeseen expense
1. Hold Public Hearing on a Proposed Ordinance to be known as the Property Maintenance Code
Council Member Adams stated that citizens had approached him with a misunderstanding of what this is about, some stating that the City was going to invade their privacy and go into their bedrooms. Mr. Adams said that they claimed to have gotten this information from the Star Telegram Article, which he read as follows:
“Council members
were mostly mum Friday about proposed building standards designed to curb
neighborhood blight.
The City Council is scheduled to hold a public
hearing at its regular meeting Monday on the proposed property maintenance
code. The council may vote on the proposal at that meeting.
The proposed standards are designed to ensure
that owner-occupied and rental properties are well maintained inside and out.
The standards would also help reduce problems
with trash, vermin and household pests.
In December, the council approved requiring
permits and annual inspections for rental homes. But Watauga officials have not
begun enforcing the rental ordinance because the city must first approve the
property maintenance code to be discussed Monday.
City Attorney Mark Daniel said Friday that the
permits and inspections do not apply to owner-occupied homes, just rental
properties.
That provision was added at the urging of
Councilman Jerry Adams. He has said that most of the maintenance problems
concern rental homes. Adams said Friday that he supports the property
maintenance code.
Other council members declined to discuss
their views on the proposal or had not yet reviewed it.”
Mayor Pro Tem Thomas opened the public hearing
at 6:49 p.m.
Mr. James Long, 6528 Moonglow Lane. Mr. Long stated that the ordinance not only
pertains to rental property but to non-residential and owner occupied
buildings. He said many of the ordinance
provisions are overreaching. Mr. Long
stated there is a problem with the current regulations not being enforced and
that more regulations do not make for better enforcement.
There were no other requests to speak.
2. Planning and Zoning Case 08-01: Request for a Specific Use Permit approval to operate a Residential Childcare Business at 7025 Woodale Drive in the Quail Hollow Addition. Hoa Thi Ly is the applicant and owner.
Mayor Pro Tem Thomas opened the public hearing at 6:51 p.m.
The son of applicant and owner, Hoa Thi Ly spoke, requesting approval of the Specific Use Permit.
There were no other requests to speak.
1. Consideration of approving the first reading an Ordinance amending Chapter 3 of the Watauga Code of Ordinances by adding articles 3.1900 to 3.2400 to be known as the Property Maintenance Code
Council Member Helmick stated that he was not comfortable with the Ordinance and made a motion to not approve the first reading of the Ordinance amending Chapter 3 of the Watauga Code of Ordinances by adding articles 3.1900 to 3.2400 to be known as the Property Maintenance Code.
Mayor Pro Tem Thomas stated he understood the public concern; however, his vote would be based on the trust that he has in the Public Works Staff, the City Manager and the City Attorney.
The motion was seconded by Council Member Adams and failed by the following vote:
AYES: Helmick, Adams
NAYS: Thomas, Meyers, Koontz
ABSENT: Griffin, Steele, Jeffries
Council Member Meyers moved to approve the first reading an Ordinance amending Chapter 3 of the Watauga Code of Ordinances by adding articles 3.1900 to 3.2400 to be known as the Property Maintenance Code. Mayor Pro Tem Thomas seconded the motion. Further discussion ensued.
Council Member Adams stated that the most important job of a Council Member was to protect the citizens and this Ordinance is one way that can be done.
Council Member Helmick stated that anyone who is going to do any work has to get a permit anyway and bring it up to code, so there is no reason for this Ordinance. He stated that some people couldn’t afford to make repairs so why would we then fine them for it.
Public Works Director Johnnie Reagan stated that residents could still do their own work; however, this Ordinance would allow the staff to respond to the many property complaints they receive from citizens who want to know “why can’t you do something.” This Ordinance will make that possible.
Adams pointed out that there is an appeal procedure set up in the Ordinance and that membership of Appeal Board will be Watauga property owners.
The vote on the motion for approval of the Ordinance passed as follows
AYES: Griffin, Thomas, Koontz, Meyers, Adams
NAYS: Helmick
ABSENT: Jeffries, Steele
The Ordinance, as approved on its first reading, carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS, AMENDING CHAPTER 3 (BUILDING REGULATIONS) OF THE CODE OF ORDINANCES OF THE CITY OF WATAUGA TO ADD ARTICLES 3.1900 TO 3.2400 ADOPTING THE PROPERTY MAINTENANCE CODE AND RELATED REGULATIONS; PROVIDING FOR ALL ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT THAT THEY ARE IN CONFLICT; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR AN EFFECTIVE DATE
2. 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 the previous Ordinance Number 1366 on the second reading
Council Member Helmick moved to approve the second reading 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 the previous Ordinance Number 1366. The motion was seconded by Council Member Meyers and passed as follows:
AYES: Griffin, Thomas, Koontz, Helmick, Meyers, Adams
NAYS: None
ABSENT: Jeffries, Steele
The Ordinance, as approved on its second and final reading, carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1373
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 PAYDAY LOAN BUSINESS AND TO ADD PAYDAY LOAN BUSINESSES 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
1. Discussion and action on Planning and Zoning Case 08-01, request for approval of a proposed Ordinance for a Specific Use Permit to operate a Residential Childcare Business at 7025 Woodale Drive in the Quail Hollow Addition, to include the first reading of the Ordinance.
Council Member Helmick said he could not consciously approve this when there is a sex offender living on the street.
Council Member Koontz moved for the approval of the first reading of a proposed Ordinance for a Specific Use Permit to operate a Residential Childcare Business at 7025 Woodale Drive in the Quail Hollow Addition. The Ordinance was seconded by Council Member Griffin and passed as follows:
AYES: Griffin, Thomas, Koontz, Meyers, Adams
NAYS: Helmick
ABSENT: Jeffries, Steele
The Ordinance, as approved on its first reading, 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 08-01 PURSUANT TO SECTION 14.602 OF THE CODE OF ORDINANCES OF THE CITY OF WATAUGA, TEXAS CONCERNING SPECIFIC USE PERMITS; PROVIDING THAT 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
2. Consideration on approval of an Ordinance to increase the Franchise Fee that Atmos Pays to the City of Watauga from 4% to 5%, resulting in an estimated increase in revenue of $15,207.82
Council Member Griffin moved to approve the Ordinance to increase the Franchise Fee that Atmos Pays to the City of Watauga from 4% to 5% resulting in an estimated increase in revenue of $15,207.82. The motion was seconded by Council Member Helmick and passed as follows:
AYES: Griffin, Thomas, Helmick, Koontz, Meyers, Adams
NAYS: None
ABSENT: Jeffries, Steele
The Ordinance as approved carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1375
AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW
3. Discussion and action on a proposed Ordinance amending Chapter 3, Article 3.1800, Section 3.1801, 3.1806 and 3.1808 and 3.1815 of the Code of Ordinances for the City of Watauga to add a definition of Minimum Housing Standards and to clarify references to the Code
Council Member Adams moved to approve the Ordinance amending Chapter 3, Article 3.1800, Section 3.1801, 3.1806 and 3.1808 and 3.1815 of the Code of Ordinances for the City of Watauga to add a definition of Minimum Housing Standards and to clarify references to the Code. The motion was seconded by Council Member Koontz and passed as follows:
AYES: Griffin, Thomas, Helmick, Koontz, Meyers, Adams
NAYS: None
ABSENT: Jeffries, Steele
The Ordinance as approved carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1376
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AMENDING CHAPTER 3 (BUILDING REGULATIONS), ARTICLE 3.1800, SECTIONS 3.1806, 3.1808, AND 3.1815 TO ADD A DEFINITION OF MINIMUM HOUSING STANDARD AND TO CLARIFY REFERENCES TO THE CODE; 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
4. Discussion and action on appointments to the Zoning Board of Adjustment for a term to expire August 31, 2010
A. Robert Davis
B. Roma Bowman
Mayor Pro Tem Thomas asked the City Attorney if the positions could be considered separately as Place 1 and 2 respectively.
City Attorney Mark Daniel recommended this agenda item be tabled until the next agenda so the positions could be voted on as separate agenda items.
Council Member Helmick moved to take no action. Council Member Griffin seconded the motion, which passed as follows:
AYES: Griffin, Thomas, Helmick, Koontz, Meyers, Adams
NAYS: None
ABSENT: Jeffries, Steele
5. Discussion and action on selection of the Mayor Pro Tem per section 3.06(d) of the City Charter
Council Member Griffin nominated Council Member Helmick to serve as Mayor Pro Tem. Vote on the nomination tied as follows:
AYES: Griffin, Helmick, Thompson
NAYS: Adams, Meyers, Koontz
ABSENT: Jeffries, Steele
Council Member Koontz nominated Council Member Adams to serve as Mayor Pro Tem.
Vote on the nomination prevailed as follows:
AYES: Meyers, Koontz, Adams, Thompson
NAYS: Griffin, Helmick
ABSENT: Jeffries, Steele
EXECUTIVE SESSION
There was no executive session held.
ADJOURNMENT
Mayor Pro Tem Adams adjourned the meeting at 7:37 p.m.
APPROVED: this ________ day of ______________ 2008.
SIGNED: this ________ day of ______________ 2008.
APPROVED:
ATTEST:
______________________
Henry J. Jeffries, Mayor
_________________________
Daniela Place, City Secretary