MINUTES
WATAUGA CITY COUNCIL
REGULAR MEETING
MONDAY, MARCH 23, 2009
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
Jerry Adams Mayor Pro Tem
Roy Meyers Council Member
Ernest P. Koontz Council Member
Mike Steele Council Member
Seth Thomas 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
Richard Helmick, Council Member Place 2, absent having resigned his position effective January 5, 2009. His position will be recorded as an absence in these minutes. Council Member Griffin absent.
1. Monthly Financial Report, Scott Neils, Director of Finance – Expenses and revenues for all funds from February 1 through February 28, 2009.
Director of Finance Scott Neils gave the financial report.
2. Racial Profiling 2008 Report, Rande Benjamin, Chief of Police
Police Chief Rande Benjamin provided the report.
3. Minutes from various Boards and Commissions
These were provided in the agenda packet.
City Manager Kerry Lacy requested the removal of Consent Agenda Item 4.
Bernard B. Bowman, 6601 Summit Ridge Drive, spoke in opposition to New Business Item #4 which would require waste collection carts and recycling bins to be stored out of public view.
Andrea Hollis, 7409 Quail Court, spoke against the regulations for Garage Sales, specifically the number of signs allowed for advertising.
PUBLIC COMMENT BY COUNCIL IN
RESPONSE TO CITIZEN’S OPEN FORUM
None
INVOCATION
Council Member Steele gave the invocation.
PLEDGE TO THE FLAG AND THE
TEXAS FLAG
The Mayor led the pledge to the flags.
Council Member Steele made a motion to approve the agenda as constituted in the pre-council meeting, removing Consent Item #4. Council Member Koontz seconded the motion, which passed as follows:
Ayes: Steele, Koontz, Thomas, Meyers, Adams
Nays: None
Absent: Griffin, Helmick
1. Proclamation declaring March 2009 as Intellectual and Developmental Disabilities Awareness Month
Mayor Jeffries read the proclamation to representatives present.
2. Proclamation declaring April 2009 as Child Abuse Prevention Month
There were no representatives present to receive the proclamation.
Council Member Koontz moved for the approval of the consent agenda. The motion was seconded by Council Member Steele and passed as follows:
Ayes: Steele, Koontz, Thomas, Meyers, Adams
Nays: None
Absent: Griffin, Helmick
The consent agenda was approved as follows:
1. Approval of City Council Meeting Minutes of February 23, 2009
2. Approval of a proposed Resolution amending the Watauga Personnel, Administrative and Financial Policies and Procedures Manual
The Resolution as approved carries the following caption:
CITY OF WATAUGA, TEXAS
RESOLUTION NO. 09-03-23-01
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AMENDING THE WATAUGA PERSONNEL, ADMINISTRATION AND FINANCIAL POLICIES AND PROCEDURES MANUAL; PROVIDING FOR AN EFFECTIVE DATE
3. Approval of a proposed Resolution adopting the Watauga Fire Department Operating Procedures Policy
The Resolution as approved carries the following caption:
CITY OF WATAUGA, TEXAS
RESOLUTION NO. 09-03-23-02
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS ADOPTING THE WATAUGA FIRE DEPARTMENT OPERATING PROCEDURES POLICY; PROVIDING FOR AN EFFECTIVE DATE
4. This item was removed from the
agenda - Approval of an Ordinance amending Chapter 3, Article 3.1800,
Section 3.1806 of the Watauga Code of Ordinances as it relates to inspection of
rental property prior to issuance of the initial single-family rental
permit
5. Approval of an Ordinance amending Chapter 1, Article 1.100 by adding Section 1.111 to the Watauga Code of Ordinances in relation to Culpable Mental States for certain offenses.
The Ordinance as adopted carries the following caption:
CITY OF WATAUGA, TEXAS
ORDINANCE NO. 1402
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF WATAUGA, TEXAS AMENDING CHAPTER 1, GENERAL PROVISIONS, ARTICLE 1.100 TO ADD SECTION 1.111 TO THE CITY OF WATAUGA CODE OF ORDINANCES ESTABLISHING CULPABLE MENTAL STATES FOR CERTAIN OFFENSES; 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. Conduct Public Hearing on the request to approve a zoning change from Local Business to Commercial with a Specific Use Permit located at 6301 Whitley Road, Abstract 419, Tract 3A01 of the Smith Drew Survey to be used as a contractor storage or equipment yard. Zoning Case 09-01.
Mayor Jeffries opened the Public Hearing at 6:49 p.m.
Mr. Clay Roark, owner and applicant, spoke in reference to this item. Mr. Roark explained that the previous tenant, a Mrs. Bairds Distribution Center, vacated in September 2008. The new potential tenant, Mr. Scott Hinton, is interested in operating his restoration business from the location. Restoration equipment would be kept on the property as outside storage and screening and landscaping would be provided. Mr. Roark explained that the zoning change and Special Use Permit was required by the City due to the adoption of a Comprehensive Zoning Plan.
Mayor Pro Tem Adams stated that the City of Watauga had adopted Watauga Road Design Guidelines to assist in future development and redevelopment. Mr. Adams read the following excerpt from the adopted guidelines.
“The City of Watauga has established these design guidelines to communicate their vision for the future of Watauga Road, to assist this corridor in realizing its fullest potential for commercial, office, residential and mixed-use developments. Design guidelines are a set of suggestions intended to transform a given area into something cohesive and new. Therefore, these design guidelines were created to assist new developments and redevelopments in organizing strategies to physically approach their designs. Goals set forth within these guidelines are as follows:
* To stimulate economic growth on Watauga Road.
* To form a more unified appearance to the areas bounded by Rufe Snow and Highway 377.
* To establish a coherent palette and continue to incorporate it into the district.
* To preserve the unique quality and character of Watauga.
* To maintain or raise property values within the district.
* To establish buildings that allow reuse and increased length of viability to the city.
* To provide a method for citizens to state their expectations for new developments and redevelopment efforts within the city.
Mayor Pro Tem Adams stated that it was difficult to see how this rezoning would fit into these guidelines and benefit the City of Watauga.
Council Member Steele stated that the City of Watauga spent a lot of money on economic development and Watauga Road was considered a main street for that purpose. He could not see contractor storage being a good use.
Searge Bowman, 6601 Summit Ridge, said that Watauga has come a long way and that using a “broad brush” approach of an equipment storage yard scares him.
Dean McKenzie of Keller spoke in favor of the zone change request. Mr. McKenzie stated that he has known Scott Hinton for a number of years and spoke very highly of him as a person and business owner.
Council Members Steele and Adams both expressed an interest in more information in the way of architectural drawings and photographs of the proposal.
Brandon Krausse, resident of Watauga, recommended that there should be some type of visual oversight.
Mr. Roark asked that the Council consider tabling the corresponding action item so he could produce drawings and pictures at the next City Council meeting.
The Public Hearing ended and was closed at 7:37 p.m.
2. Conduct Public Hearing pursuant to Section 370.002 of the Local Government Code, to review the current Juvenile Curfew Ordinance, which is Ordinance 1288, Chapter 8, Article 8.100 of the Code of Ordinances
Mayor Jeffries opened the public hearing at 7:37 p.m.
Chief Benjamin stated that a public hearing and review of the Juvenile Curfew Ordinance was required every three years to abolish, continue or modify the ordinance. He reported that juvenile crime continues to be a priority for law enforcement and recommended continuation of the ordinance.
Mayor Jeffries closed the public hearing at 7:40 p.m.
1. Discussion and action on the first reading of an Ordinance
approving a zoning change from a Local Business District (LB) to Commercial
District (C) with a Specific Use Permit to allow a contractor storage or
equipment yard at 6301 Whitley Road, Abstract 419, Tract 3A01 of the Smith Drew
Survey. Zoning Case 09-01
Council Member Koontz made a motion to table this item. The motion was seconded by Council Member
Steele and passed as follows:
Ayes: Steele, Koontz, Thomas, Meyers, Adams
Nays: None
Absent: Griffin, Helmick
2. Discussion and action on setting the amount of bonds of
Municipal Officers and Employees as required under Section 14.04 of the Watauga
City Charter
City Manager Kerry Lacy explained that the Watauga City Charter states
the Council will set the amount of bonds for municipal officers and employees
who receive or disburse funds; however, the amount has never been set. Currentl coverage includes the City Manager,
City Secretary and Finance Director at $25,000 and all other employees who
handle or disburse funds at $5,000. Mr.
Lacy stated those amounts were extremely low and asked that the Council consider
authorizing bonds and setting the amount for the Mayor, Mayor Pro Tem, City
Manager, Finance Director and City Secretary.
City Attorney Mark Daniel recommended that the Council consider amending
Section 14.04 of the City of Watauga Home Rule Charter at its next Charter
Amendment Election to allow the City to secure employee dishonesty coverage,
such as the TML offers, as an alternative to securing bonds for the employees
who receive or disburse funds. Additionally,
the amendment should dictate the coverage limits determined by the Council to
be adequate.
Mr. Lacy recommended that the Council consider $100,000 coverage for the
City Manager, Finance Director, City Secretary, Mayor and Mayor Pro Tem at a
cost of $1,750 and $50,000 for all other
employees who handle and disburse funds at a cost of $1,875.
Council Member Steele moved, seconded by Council Member Koontz, to set
the amount of bonds for municipal officers and employees as required under
Section 14.04 of the Watauga City Charter for $100,000 for the City Manager,
Finance Director, Mayor, Mayor Pro Tem and City Secretary and $50,000 for all
other employees who handle funds for the City at a cost of $1,750.00 for
$100,000 and $1,836.00 for $50,000.
Finance Director Scott Neils suggested the Council only act on the bond
amounts and not the exact cost of acquiring those bonds, since that amount
could vary somewhat.
Council Member Steele amended his motion to strike the cost associated
with the $100,000 and $50,000 bonds. The motion was seconded by Council Member
Koontz.
The vote to amend motion passed as follows:
Ayes: Steele, Koontz, Thomas, Meyers, Adams
Nays: None
Absent: Griffin, Helmick
The Mayor called for a vote on the original motion, which failed as follows:
Ayes: Adams
Nays: Steele, Koontz, Thomas, Meyers
Absent: Griffin, Helmick
3. Review the existing Juvenile Curfew Ordinance and take
action to either abolish, continue or modify the existing Ordinance per Section
370.002 of the Local Government Code
Police Chief Benjamin recommended approval of the Ordinance with the
proposed modification to change the words Department of Public Safety to read
Police Department.
Council Member Steele moved to continue the Juvenile Curfew Ordinance
with the amendment to change the words “Department of Public Safety” to read
“Police Department”. The motion was
seconded by Council Member Meyers and passed as follows:
Ayes: Steele, Koontz, Thomas, Meyers, Adams
Nays: None
Absent: Griffin, Helmick
4. Discussion and action on an Ordinance amending Chapter 6,
Article 6.200, Section 6.202(g) of the Watauga Code of Ordinances that would
require waste collection carts and recycling bins to be stored out of public
view
Council Member Steele
requested this agenda item.
Council Member Steele expressed his desire to have garbage carts stored
out of public view in the City of Watauga which would encourage economic
development and make the City look better.
He said that the City of Fort Worth tickets households for garbage carts
stored in public view or makes the resident attend “trash class”.
Council Member Adams stated that even with two vehicles parked in his
garage, he is still able to stow his carts in the garage and out of public
view. He said that having them in public
view distracts from the appearance of the City.
Council Member Koontz stated that as he drove to the City Council meeting
he noted approximately 80% of the residents store their garbage carts in front
of, or on the side of, their homes.
Having to move them out of public view would be a hardship on the senior
citizens and create a major backlash from the community.
Council Member Thomas expressed that he likes the current “garbage cart
system” and found no problem in having them kept in front of the garage doors.
Council Member Steele said that the businesses in Watauga are required to
keep their dumpsters out of public view and it would not be that difficult for
residents to wheel their garbage carts in the garage.
Council Member Steele moved for the approval of an Ordinance amending
Chapter 6, Article 6.200, Section 6.202(g) of the Watauga Code of Ordinances
that would require waste collection carts and recycling bins to be stored out
of public view. The motion was seconded by
Council Member Adams and failed as follows:
Ayes: Steele, Adams
Nays: Thomas, Koontz,
Meyers
Absent: Griffin, Helmick
EXECUTIVE SESSION
There was no executive session held.
ADJOURNMENT
Mayor Jeffries adjourned the meeting at 8:21 p.m.
APPROVED: this ________ day of ______________ 2009.
SIGNED: this _________day of ______________ 2009.
APPROVED:
ATTEST:
______________________
Henry J. Jeffries, Mayor
_________________________
Daniela Place, City Secretary