MINUTES
WATAUGA CITY COUNCIL
REGULAR MEETING
MONDAY, OCTOBER 27, 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 6:32 p.m. with the following members present:
Henry J. Jeffries Mayor
Jerry Adams Mayor Pro Tem
Ernest P. Koontz Council Member
Richard Helmick Council Member
Mike Steele 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 Meyers and Council Member Thomas absent with notice.
REPORTS
1. Monthly Financial Report, Scott Neils, Finance Director
Finance Director Scott Neils gave the Financial Report for the month ending September 2008.
2. Minutes of Various Boards and Commissions
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 Jeffries called the meeting to order at 6:32 p.m.
Council Member Griffin gave the invocation.
Mayor Jeffries 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 Steele seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
PRESENTATIONS
1. Proclamation for Municipal Court Week
Mayor Jeffries read and presented the proclamation for Municipal Court Week to Judge Stewart Bass and Court Administrator Marilyn Clothier.
CONSENT AGENDA
Council Member Koontz moved to approve the consent agenda. Council Member Griffin seconded the motion, which prevailed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
The consent agenda was approved as follows:
1. Approval of City Council Meeting Minutes of September 8, 2008
2. Approval of Special City Council
Meeting Minutes of September 15, 2008
3. Acceptance and approval of the
Quarterly Investment Report for the Last Quarter of Fiscal Year 2008 ending
September 30, 2008
4. Approval of a proposed Resolution establishing the Regular City Council meetings for calendar year 2009
The Resolution, as approved, carries the following caption:
CITY OF WATAUGA, TEXAS
RESOLUTION NO. 08-10-27-01
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS FOR THE PURPOSE OF SETTING THE 2009 CITY COUNCIL REGULAR MEETING DATES; 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
5. Approval of the Mayor’s appointment of Council Members in Places 1, 2, and 3 as the interview committee to interview applicants for the various boards, commissions and committees of the City for a one year term beginning October 27, 2008 through September 30, 2009, pursuant to Ordinance No. 1177
6. Acceptance of resignation of James Peel from the Parks Development Corporation
7. Acceptance of resignation of Linda Roberts from the Parks Development Corporation
8. Acceptance of resignation of Elaine Zink from the Planning and Zoning Board
9. Approval of the Mayor’s reappointment of Robert Daniel to the Parks Development Corporation
10. Approval of the Mayor’s reappointment of Jan Hill to the Parks Development Corporation
11. Approval of the Mayor’s reappointment of Roma Bowman to the Parks Development Corporation
12. Approval of the Mayor’s appointment of Taron Armour to the Library Board
13. Approval of the Mayor’s appointment of Taron Armour to the Planning and Zoning Commission
14. Approval of the Mayor’s appointment of Kyle Gibson to the Library Board
15. Approval of the Mayor’s appointment of Kyle Gibson to serve as Alternate on the Zoning Board of Adjustment
16. Authorization and approval to pay Texas Municipal League Intergovernmental Risk Pool $398,017.19 for continued coverage of Liability, Property and Workers’ Compensation Insurance for the City of Watauga
17. Approval of a proposed Resolution as required by Chapter 312, Section 312.002(c), of the Texas Tax Code authorizing the continuance and adoption of Guidelines and Criteria for entering into Economic Development Incentives Agreements and adoption of the application for Incentives and Tax Abatement
The Resolution, as approved, carries the following caption:
CITY OF WATAUGA, TEXAS
RESOLUTION NO. 08-10-27-02
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS ADOPTING GUIDELINES AND CRITERIA FOR ENTERING INTO ECONOMIC DEVELOPMENT INCENTIVES AGREEMENTS AND ADOPTING THE APPLICATION FOR ECONOMIC INCENTIVES AND TAX ABATEMENT FOR AN ADDITIONAL TWO YEAR PERIOD AS REQUIRED BY CHAPTER 312, SECTION 312.002 (c) OF THE TEXAS TAX CODE; 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
18. Approval of a proposed Ordinance amending Chapter 4, Article 4.1600, Sections 4.1604(b) and 4.1605(c) of the Watauga Code of Ordinances by adding requirements necessary for the Franchise Wrecker Service Agreement
The Ordinance, as approved, carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1389
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AMENDING CHAPTER 4 OF THE CITY OF WATAUGA CODE OF ORDINANCES, BUSINESS REGULATIONS, ARTICLE 4.1600 (WRECKER SERVICE REGULATIONS), SECTIONS 4.1604 AND 4.1605 ADDING REQUIREMENTS NECESSARY FOR THE FRANCHISE WRECKER SERVICES AGREEMENT; 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. Planning and Zoning Case 08-02: Request for a Specific Use Permit to operate a Residential Child Care Business in the home at 7616 Maplehill Road. The applicant and homeowner is Lina Wagner.
Mayor Jeffries opened the public hearing at 6:41 p.m.
There were no requests to speak.
Mayor Jeffries closed the public hearing at 6:41 p.m.
1. Discussion and action on the new proposed Watauga Police Department Policies and Procedures Manual with possible deletions or additions prior to approval by Council
City Manager Kerry Lacy stated that this item was tabled at the last City Council Meeting to give City Council the opportunity to review it more thoroughly. Mr. Lacy also stated Fire/EMS Chief Bill Crawford and City Attorney Mark Daniel have been working on the new and updated manual.
Mayor Pro Tem Adams had a question regarding Section 100.01A. Mr. Adams asked City Attorney Mark Daniel to explain that section to him.
City Attorney Mark Daniel explained in detail about section 100.01A regarding the words, “may or should” and “shall.”
Council Member Griffin asked if a diagram was being used.
Police Chief Benjamin stated that a diagram was no longer used.
After much discussion regarding this item, Council Member Koontz moved for the approval of the Watauga Police Department Policies and Procedures Manual. Council Member Griffin seconded the motion, which passed as follows:
AYES: Koontz, Helmick, Steele, Griffin
NAYS: Adams
ABSENT: Meyers, Thomas
1. Discussion and action on Planning and Zoning Case 08-02, request for approval of an Ordinance for a Specific Use Permit to operate a Residential Child Care Business at 7616 Maplehill Road, to include the first reading of the Ordinance.
The Ordinance, as approved on the 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 08-02 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.
Public Works Director Johnnie Reagan gave a summary of Planning and Zoning Case 08-02, request for a Special Use Permit at 7616 Maplehill Road to operate a Residential Child Care Business. Mr. Reagan also stated that the resident has provided all the necessary paperwork.
Council Member Steele asked if the resident requesting the Special Use Permit was aware of any sex offenders in the area, or if they have been advised to research their area for sex offenders.
Public Works Director Johnnie Reagan explained that it is common practice to do the research prior to applying for the Special Use Permit.
Council Member Steele asked if the applicant for the Special Use Permit has animals or dogs, if so, what type of dogs.
Public Works Director Johnnie Reagan stated that he would have an answer to Council Member Steele’s questions in time for the second reading of the Ordinance at the next City Council meeting.
Council Member Koontz moved for the approval of the first reading of Planning and Zoning Case 08-02, request for approval of an Ordinance for a Specific Use Permit to operate a Residential Child Care Business at 7616 Maplehill Road. Council Member Steele seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
2. Discussion and action on approval of a proposed agreement with the Firm McCreary, Veselka, Bragg and Allen for the collection of delinquent municipal court fines, fees, court costs, restitution, debts and accounts receivable and other amounts in accordance with Article 103.0031 of the Texas Code of Criminal Procedure.
Finance Director Scott Neils recommended that this item be approved for a three (3) year contract with the possibility of extensions.
Council Member Koontz asked if this included any and all debts owed to the City and at what percentage.
Finance Director Scott Neils stated that included all debts owed to the City with fees being Accounts Receivable 12%, Court 30%, and everything else is 12%.
Council Member Koontz moved for the approval of the proposed agreement with the Firm McCreary, Veselka, Bragg and Allen for the collection of delinquent municipal court fines, fees, court costs, restitution, debts and accounts receivable and other amounts in accordance with Article 103.0031 of the Texas Code of Criminal Procedure. Council Member Steele seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
3. Discussion and action on a proposal from Council Member Koontz to consider authorizing the City Attorney to draft an Ordinance amending Chapter 4, Article 4.500 of the Watauga Code of Ordinances as it relates to Garage or Yard Sales.
Council Member Koontz stated that this Ordinance would help with the beautification of the City by reducing the amount of unsightly signs.
The Proposal is as follows:
1. Have the City provide three (3) signs with one (1) sign posted at the location of the sale and serve as the permit showing the dates for the sale, the address of the sale and the permit number. No other signs shall be allowed for the sale other than those provided by the City.
2. Provide a fee for issuance of the three (3) signs at $15.00 and upon return of the three (3) signs within five (5) days of the sale a $10.00 refund will be given to the individual obtaining the original permit.
3. Posting of the signs shall not be allowed more than 24 hours prior to the sale and shall be removed within 24 hours of the sale.
Council Member Steele asked for clarification of the cost to the citizens.
Council Member Koontz stated that the $15.00 fee would include the permit fee.
Council Member Helmick asked how many garage sales were held every year and what the cost would be for the City, to make the signs.
Public Works Director Johnnie Reagan stated that on average the City had about 30 Garage Sales a month. Mr. Reagan further stated he would estimate the cost of the signs to be about $5.00 each or if purchased in bulk, $3.00 each.
Council Member Griffin stated that the significant difference of the proposal is it makes all other signs illegal and the other signs can be summarily removed.
Mayor Pro Tem Adams inquired if this would be worth the effort.
Public Works Director Johnnie Reagan stated that they would enforce any violations of the proposed Ordinance. If a citizen posted a “homemade” sign they would be in violation and code enforcement would act upon that.
Council Member Steele suggested that information be put into the City’s newsletter or the water bill to inform the citizens.
After much discussion Council Member Helmick made a motion to take no action on this item. Mayor Pro Tem seconded the motion, which failed as follows:
AYES: None
NAYS: Adams, Koontz, Helmick, Steele, Griffin
ABSENT: Meyers, Thomas
Council Member Steele moved to have the City Attorney Mark Daniel draft a proposed Ordinance amending Chapter 4, Article 4.500 of the Watauga Code of Ordinances as it relates to Garage or Yard Sales. Council Member Griffin seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
4. Discussion and action on a proposed Resolution authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an electric supply agreement on behalf of the City of Watauga and approving CAPP to contract with FPL Energy and Direct Energy for Watauga’s electric energy needs for a period of from January 1, 2009 through December 31, 2013.
The Resolution, as approved, carries the following caption:
CITY OF WATAUGA, TEXAS
RESOLUTION NO. 08-10-27-03
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERY OF ELECTRICITY AND NECESSARY RELATED SERVICES EFFECTIVE JANUARY 1, 2009; APPROVING CAPP CONTRACTING WITH FPL ENERGY AND DIRECT ENERGY AND AUTHORIZING THE MAYOR OR OTHER DESIGNATED CITY OFFICIAL TO SIGN A CONTRACT WITH CAPP FOR THE CITY’S ELECTRICITY NEEDS FOR THE PERIOD BEGINNING JANUARY 1, 2009 AND EXTENDING UP TO DECEMBER 31, 2013; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY’S COMMITMENTS TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS FOR THE PERIOD BEGINNING JANUARY 1, 2009, AND EXTENDING UP TO DECEMBER 31, 2013; 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.
City Manager Kerry Lacy gave a summary and recommended that Council approve this Resolution, stating it would be advantageous to the City of Watauga and to the citizens that we represent.
Council Member Koontz moved to approve the proposed Resolution authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an electric supply agreement on behalf of the City of Watauga and approving CAPP to contract with FPL Energy and Direct Energy for Watauga’s electric energy needs for a period of from January 1, 2009 through December 31, 2013. Council Member Steele seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
5. Discussion and action on approval of a proposed Ordinance creating and establishing Article 1.1300 of the City of Watauga Code of Ordinances to provide for an Identity Theft Prevention Program.
The Ordinance, as approved, carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1390
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS, TO CREATE ARTICLE 1.1300 OF THE CITY OF WATAUGA CODE OF ORDINANCES ESTABLISHING AN IDENTITY THEFT PREVENTION PROGRAM; INDICATING DEFINITIONS, POLICIES AND PROCEDURES FOR IMPLEMENTATION OF THE IDENTITY THEFT PREVENTION PROGRAM; 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.
Council Member Griffin moved to approve the proposed Ordinance creating and establishing Article 1.1300 of the City of Watauga Code of Ordinances to provide for an Identity Theft Prevention Program. Council Member Helmick seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
6. Discussion and action on approval of the Circulation Policies for the Watauga Public Library.
Council Member Koontz moved to approve the Circulation Policies for the Watauga Public Library. Council Member Griffin seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
7. Discussion and action on approval of the Corporate Card Policy for the Watauga Public Library.
Council Member Koontz moved to approve the Corporate Card Policy for the Watauga Public Library. Council Member Steele seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
8. Discussion and action on approval of the Teacher Card Policy for the Watauga Public Library.
Council Member Koontz moved to approve the Teacher Card Policy for the Watauga Public Library. Council Member Griffin seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
9. Discussion and action on approval of the Patron Behavior Policy for the Watauga Public Library.
Council Member Steele moved to approve the Patron Behavior Policy for the Watauga Public Library. Council Member Koontz seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
10. Discussion and action on approval of a proposed Ordinance amending Chapter 12, Article 12.700, Section 12.701 of the Watauga Code of Ordinances providing that violations of the Inoperative Vehicles Ordinance is an offense and provides a penalty clause.
The Ordinance, as approved, carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1391
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AMENDING CHAPTER 12, TRAFFIC AND VEHICLES, ARTICLE 12.700 (INOPERATIVE VEHICLES), SECTION 12.701, PROVIDING THAT A VIOLATION OF THE INOPERATIVE VEHICLES ORDINANCE IS AN OFFENSE IN THE CITY AND PROVIDING A PENALTY CLAUSE; 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.
Council Member Griffin moved to approve the proposed Ordinance amending Chapter 12, Article 12.700, Section 12.701 of the Watauga Code of Ordinances providing that violations of the Inoperative Vehicles Ordinance is an offense and provides a penalty clause. Council Member Steele seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
11. Discussion and action on approval of a proposed Resolution requesting the 81st Texas Legislature to support Legislation to increase funding for Local Park Grants and State Park Grants.
The Resolution, as approved, carries the following caption:
CITY OF WATAUGA, TEXAS
RESOLUTION NO. 08-10-27-04
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS REQUESTING THE MEMBERS OF THE 81ST LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT LEGISLATION THAT INCREASES FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT LOCAL PARK GRANT PROGRAM AND THE TEXAS STATE PARK SYSTEM; 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.
Council Member Griffin moved to approve the proposed Resolution requesting the 81st Texas Legislature to support Legislation to increase funding for Local Park Grants and State Park Grants. Council Member Steele seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
12. Approval of a proposed Resolution finding that Oncor Electric Company’s requested increase to its transmission and distribution rates and charges within the City of Watauga should be denied and that the City’s reasonable rate case expenses shall be reimbursed by Oncor.
The Resolution, as approved, carries the following caption:
CITY OF WATAUGA, TEXAS
RESOLUTION NO. 08-10-27-05
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS FINDING THAT ONCOR ELECTRIC COMPANY’S REQUESTED INCREASES TO ITS ELECTRIC TRANSMISSION AND DISTRIBUTION RATES AND CHARGES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY’S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; 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.
Council Member Griffin moved to approve the proposed Resolution finding that Oncor Electric Company’s requested increase to its transmission and distribution rates and charges within the City of Watauga should be denied and that the City’s reasonable rate case expenses shall be reimbursed by Oncor. Council Member Koontz seconded the motion, which passed as follows:
AYES: Adams, Koontz, Helmick, Steele, Griffin
NAYS: None
ABSENT: Meyers, Thomas
EXECUTIVE SESSION
There was no executive session held.
ADJOURNMENT
Mayor Jeffries adjourned the meeting at 7:49 p.m.
APPROVED: this ________ day of ______________ 2008.
SIGNED: this ________ day of ______________ 2008.
APPROVED:
ATTEST:
______________________
Henry J. Jeffries, Mayor
_________________________
Daniela Place, City Secretary