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City Council Meetings

Regular Meeting

Mineral Wells, TX · March 21, 2017

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Minutes

521 MINUTES n REGULAR MEETING MINERAL WELLS CITY COUNCIL CITY HALL ANNEX March 21, 2017 - 6:00 pm City Councilmembers present were Mayor Mike Allen, Mayor Pro Tern John Upham, Councilmembers Clif Wright, Brian Reagan, Jerrel Tomlin, Tammy Underwood, and Wayne Johnson. A quorum of City Councilmembers was present Staff members present were City Manager Lance Howerton, Police Chief Dean Sullivan, Finance Director John Moran, Public Works Director Kelly Jones; Fire Chief Mike Pool, City Clerk Juanita Formby, and City Attorney Mack Reinwand. Mayor Allen called the meeting to order, Councilman Brian Reagan gave the invocation, and the Pledges of Allegiance to the U.S. and Texas were recited. CITIZEN COMMENT No one had signed to speak. D Following a motion made by Mr. Upham, seconded by Mr. Reagan, the following CONSENT AGENDA was approved by a 7-0 vote: 1. Consider minutes of previous meeting held March 7, 2017. 2. Consider approval of budgeted expenditures over $500. 3. Consider approval of Financial Report for the month ended October 2016. 4. Consider resolution authorizing execution of lease for office spa·ce at Mineral Wells municipal airport between North Texas UAV, LLC and City of Mineral Wells. 5. Consider resolution authorizing execution of Fourth Amendment to Agreement for Lease of Space between the Board · of Regents of the Texas A&M University System (Texas A&M Forest Service) and the City of Mineral Wells. 6. Consider approval of payment to Schrickel, Rollins and Associates in the amount of $13,200 for professional L services received in association with the 16" Water Line Extension - MH 379 project. Mineral Wells City Council Minutes 03/21/2017 Page 1of7 -1- 522 7. Consider approval of contract between the City of Mineral Wells and UNIVAR for bulk tanks and delivery of sodium bisulfite at both wastewater treatment plants. ITEMS FOR INDIVIDUAL CONSIDERATION 8. Mayor Allen opened a public hearing at 6:02 pm regarding a zone change request on property located at 200 S.W. 5th Street in Mineral Wells from Central Business District to Commercial (C ) and a request for a Specific Use Permit to operate a light manufacturing facility as defined by the Mineral Wells Zoning Ordinance. This would be a small manufacturing concern to assemble wood and pressed paper spools for Southwire; assembly only would generate no waste This is the location of the Mineral Wells Center of Life, who occupies a large complex and there is adequate room to co-locate the manufacturing concern. Mr. Allan Lusk of the Center of Life answered several questions from the City Council regarding trash container placement, traffic, job creation, and fire suppression. Mr. Howerton said that the Planning and Zoning Commission had met on March 6, 2017 to consider this request and now recommends its approval. No one was present to speak, and the public hearing was closed at 6:09 pm. Following the discussion, Mr. Reagan moved and Mr. Upham seconded to pass and approve an ordinance changing the zoning classification on certain property known as 200 SW 5th Street to Commercial (C ) and approving a Specific Use Permit to operate a manufacturing facility (Light); amending the Zoning District Map accordingly; providing for a penalty not to exceed $2,000 for each violation; providing this ordinance be cumulative; and providing for severability, governmental immunity, injunctions, publication, and an effective date. Motion carried 7-0. 9. Mayor Allen opened a public hearing at 6:10 pm regarding a proposed amendment to the Zoning Ordinance of the City of Mineral Wells to add a definition for ~school, Commercial Trade with Residential Use" and list it as a land use with a Specific Use Permit in Wolters Park Zone-A (WP-A). Mr. Howerton said that the purpose of this addition to allow a proposed trade school for heating and air conditioning to be established in the former Beach Army Hospital building located at 301 Gorgas Street. Mr. Brett Hobson was present to answer questions. The Beach Army Hospital building has remained vacant and in a worsening dilapidated condition Mineral Wells City Council Minutes 03/21/2017 Page 2 of7 -2- 523 since the former base closed in 1973. Mr. Hobson and his n team have been cleaning the property, making a significant difference, and . plan to conduct the trade school to teach heating and air conditioning; and to have dorms for the students to live in while they train. The school/dorms will accommodate up to 200 students and 10 to 30 instructors, depending on attendance, and will also include a cafeteria. Mr. Hobson said that background checks will be done for all students and 100% job placement will be guaranteed for them. He said they are a licensed school now and are working on accreditation. Mr. Howerton said that the Planning and Zoning Commission had met on March 6, 2017 to consider this request, and now recommends its approval. Caleb Shipman spoke, saying he pastors a church nearby and would like to be the building cleaned up, refurbished and used. No one else was present to speak, and the Mayor closed the public hearing at 6:21 pm. Mrs. Underwood moved and Mr. Upham seconded to pass and approve an ordinance amending the City of Mineral Wells Code of Ordinances, Appendix B, Zoning, Article 3 Permitted Uses, to add "School, Commercial trade with Residential Use" as a listed land use with a Specific Use Permit in Wolters Park Zone A (WP-A) and adding a definition and conditions; providing for a penalty not t6 exceed $2,000 for each violation; D providing this ordinance be cumulative; and providing for severability, . governmental immunity, injunctions, publication, and an effective date. Motion carried 7-0. 10. Mayor Allen opened a public hearing at 6:23 pm regarding an ordinance adopting a Specific Use Permit for a School, Commercial Trade with Residential Use on property located at 301 Gorgas Street in Mineral Wells. This property, the former Beach Army Hospital, is the subject of the previous item wherein the City Council amended the Zoning Ordinance to provide for such a use with a Specific Use Permit. Mr. Howerton said that the Planning and Zoning Commission had met on March 6, 2017 to consider this item and now recommends its approval. Mr. Wright asked Mr. Hobson, the applicant, about an old, small cemetery located on the property, and if it would be protected. Mr. Hobson said he had no knowledge of an old cemetery on the property, but it is there, of course he would want to protect and respect it. Mr. Wright knew of the little cemetery, but was unable to say exactly where it was located. City Attorney Mack Reinwand said that cemeteries such as the one described are already protected by law, so there should be no need to add language into the Specific Mineral Wells City Council Minutes 03/21/2017 Page 3 of 7 -3- 524 Use _Permit to protect it. No one was present to speak, and the public hearing was closed at 6:27 pm. Mr. Upham moved and Mrs. Underwood seconded to pass and approve an I ordinance adopting a Specific Use Permit 2017-4 for a School, Commercial Trade with Residential Use on certain property known as 301 Gorgas Street zoned Wolters Park Zone A (WP-A); amending the zoning District Map accordingly; providing for a penalty not to exceed $2,000 for each violation; providing this ordinance be cumulative; and providing for severability, governmental immunity, injunctions, publication, and an effective date. Motion carried 7-0 . 11. Mayor Allen opened a public hearing at 6:29 pm regarding a request to change the zoning on property located on Sand Hill Road in the far southwest quadrant of Mineral Wells from Community Facilities to HUD Code Manufactured Home (MH). Mr. Howerton said this property is adjacent to the City's Pollard Creek Wastewater Treatment Plant, thus the Community Facilities zoning. The applicants wish to place a HUD Code Manufactured Home there. The Planning and Zoning Commission had met on March 6, 2017 and now recommend that this zone change be granted. No one was present to speak, and the public hearing was closed at 6:31 pm. Mr. Reagan moved and Mr. Upham seconded to pass and approve an ordinance changing the zoning . I classification on certain property known as TR 5, Abst. 377, JB Pollard Survey to HUD Code Manufactured Home (MH); amending the zoning district map accordingly; providing for a penalty not to exceed $2,000 for each violation; providing this ordinance be cumulative; and providing for severability, governmental immunity, injunctions, publication, and an effective date. Motion carried 7-0. 12. Mr. Howerton reminded the City Council that in 2016 the City initiated a process by which non-profit organizations could apply for available funding from the City of Mineral Wells. In 2016, a two-member City Council subcommittee was named by the Mayor to review the applications and make recommendations to the balance of the Council, and Mr. Howerton said staff is recommending the same for 2017. The application process took place during January and February 2017 and the applications are now ready for review. Mayor Allen named Councilmembers Brian Reagan and Jerrel Tomlin to the review committee. Mineral Wells City Council Minutes 03/21/2017 Page 4 of 7 -4- 525 13. Mr. Moran reminded the City Council that in November n 2016 they had authorized staff to seek bids for Master Lease Financing for police vehicles and a tractor for use at the Airport, in a total amount of $250,000. The bid was awarded to First National Bank of Texas on December 20, 2016; However, the City and First National Bank of Texas were not able to agree to the contractual terms and conditions stipulated by First National Bank of Texas. Mr. Moran said that those terms and conditions ran contrary to the Texas Constitution. The only other bid received was from First Financial Bank, who has now agreed to honor their original bid of a 1.99% interest rate plus a fee of $1,500. Mr. Moran recommended that the City Council rescind their original award to First National Bank of Texas, and further recommended acceptance of the bid submitted by First Financial Bank, and authorize the Mayor to execute the associated contractual documents. Mr. Reagan so moved, Mr. Upham seconded, and the motion carried 7-0. 14. ·Mrs. Formby reminded the City Council that terms on most of the City's volunteer Boards and Commissions expire on the last day of March each year. The opportunity to be appointed to a Board was advertised on the City's website, the City's Facebook page, and on the Mineral Wells Index Facebook page. The Mayor's Committee on Boards and Commissions, Councilmembers John Upham and Tammy Underwood, met on Thursday, March 9, 2017 to review the various expirations along with applications from citizens interested on serving the City on a volunteer Board. The Committee respectfully submits the following recommendations: Airport Advisory Board: The Committee recommends the reappointment of sitting members Mike McConnell, Angelo Spelios, and Ed Weir to new terms expiring 03/31/2019. Jim Irwin's term also expires, but he has expressed that he'd like to resign. Jim is a charter member of the Airport Board, having served since its creation in 1979. To replace him, the Committee recommends the new appointment of Mr. Philip Budenbender, a certified flight instructor currently operating at the Mineral Wells Airport. Board 0£ Adjust:ment/Buil.ding and Standards Commission: The Committee recommends the reappointment of sitting members Virgil Youngblood, Paul Schmidtke, Barry Campbell, and Larry Kauffman to new terms expiring 03/31/2019. Mineral Wells City Council Minutes 03/21/2017 Page 5 of 7 -5- 526 Boyce Dit;t;o Publ.ic Library Advisory Board: The Committee recommends the reappointment of sitting members Marilyn Rhodes, Coralee Beasley, and Troy Stone to new three-year terms to expire 03/31/2020. There is currently one vacancy on this eleven-member Board. Fire Code Board 0£ Appeal.s: The Committee recommends the reappointmE:;!nt of sitting member Oscar Choate to a new term which will expire 03/31/2019. There is currently one vacancy on this Board, and we are asking for recommendations from the Volunteer Fire Department. This Board meets very infrequently. Mineral. Wel.1.s Housing Aut;hori t;y Board: Keeping a full complement on the Housing Authority Board has always been a bit of a challenge. Mr. Ray Madrigal and Ms. Sybil Rogers have resigned. The Committee recommends the appointments of Eric Douglas and Raymond Davis to fill these vacancies. They are both unexpired terms, which will expire 01/31/2018. Parks and Recreation Advisory Board: The Committee recommends the reappointment of sitting members Rick Ashley, Mandy Edwards, Ashley R. Tarkenton-Wright, James D. Hailey, and Kathy Boswell, to new terms will expire 03/31/2019. Terms of Parks Board members are not staggered. Pl.anning and Zoning Commission: The Committee recommends the reappointment of sitting members Gene Ender, and Mike Underwood to new terms which will expire 03/31/2019. Mr. Marty Logan, whose term also expires, has tendered his resignation. The Committee recommends the new appointment of Jeff Cowan to fill this vacancy. The Committee further recommends the new appointment of Mr. Charles Ramsay to fill a previous unexpired term, and this term will expire 03 - 31-2018. Woodl.and Park Cemet;ery Board 0£ Trust;ees: The Committee recommends the reappointment of sitting members John Hampton, Wanda O' Bannon and Marguriete Crum to new terms which will expire 03/31/2019. Following the presentation, Mr. Reagan moved and Mr. Tomlin seconded to accept the recommendations of the Mayor's Committee on Boards and Commissions, and make the appointments/reappointments as presented by Mrs. Formby. Motion carried 7-0. 15. Mr. Formby said that the Mayor's Committee on Boards and Commissions further recommends the reappointment of Keri Walden Mineral Wells City Council Minutes 03/21/2017 Page 6 of7 -6- 527 as Municipal Court Judge and Dr. Tom Tarkenton as the City n Health Authority, to new terms which will expire 03/31/2019. Mr. Upham moved and Mrs. Underwood seconded to adopt resolutions to reappoint Ms. Walden and Dr. Tarkenton to new two-year terms. Motion carried 7-0. 16. Mr. Jones said that, in preparation for work to begin on the construction of a 16" water main on MH 379 from S. E. 4th Avenue to S.E. Airport Road, as directecl by the City Council at an earlier meeting, stockpiling of materials and storage of equipment at a convenient location would be necessary. He recommended the temporary closure of a portion of S. E. 14th Avenue for this purpose. The subject portion would be closed 24 hours a day for about 90 days. Following the presentation, Mr. Reagan moved and Mr. Upham seconded to approve an ordinance providing for the temporary closure of certain streets within the City of Mineral Wells to facilitate water main construction by the City of Mineral Wells. Motion carried 7-0. 17. There was no further business, and the meeting was adjourned at 6:46 pm. Mike Allen, Mayor ATTEST: Ot.(-o'-(-cJ..017 L Mineral Wells City Council Minutes 03/21/2017 Page 7 of 7 -7- 528 II I :. I

Agenda

City of Mineral Wells P 0 Box 460, Mineral Wells, Texas 76068 Telephone: 940.328. 7700 Fax: 940.328. 7704 NOTICE OF MEETING The Mineral Wells City Council will hold a regular meeting at 6:00 p.m. on Tuesday, March 21, 2017 in the City Council Chambers at the City Hall Annex, 115 S.W. pt Street, Mineral Wells, Texas to consider the following agenda: Call to Order Invocation - Pastor Randy Anderson of First Nazarene Church of Mineral Wells Pledges of Allegiance to the U.S. and Texas flags CITIZEN COMMENT Citizens must provide information required on Speaker Card. Tfte Speaker Card must be given to tfte City Clerk before tfte meeting starts. Tfte Council requests tftat comments be limited to three (3) minutes. Tfte Texas Open Meetings Act provides tftefollowing: (a) If, at a meeting of a governmental body, a member of tfte public or of tfte governmental body inquires about a subject for wfticft notice ft as not been given as required by tit is subcftapter, tfte notice provisions of tit is subcftapter do not apply to: (I) a statement of specific factual information given in response to tfte inquiry; or (2) a recitation of existing policy in response to tfte inquiry. (b) Any deliberation of or decision about tfte subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting. CONSENT AGENDA (1) 1. Consider minutes of previous meetings held March 7, 2017. (5) 2. Consider approval of budgeted expenditures over $500. ( 6) 3. Consider approval of Financial Report for the month ended October 2016. ( 7) 4. Consider resolution authorizing execution of lease for office space at Mineral Wells Municipal Airport between North Texas UAV, LLC and City of Mineral Wells. (14 ) 5. Consider resolution authorizing execution of Fourth Amendment to Agreement for Lease of Space between the Board of Regents of the Texas A & M University System (Texas A & M Forest Service) and the City of Mineral Wells. Mineral Wells City Council Agenda 03/2112017 Page I of3 ( 1 9) 6. Consider approval of payment to Schrickel, Rollins and Associates in the amount of$13,200 for professional services received in association with the 16-inch Water Line Extension-MR 379 project. ( 21 ) 7. Consider approval of contract between the City of Mineral Wells and UNIV AR for bulk tanks and delivery of sodium bisulfite at both wastewater treatment plants. ITEMS FOR INDIVIDUAL CONSIDERATION ( 2 8 ) 8. Conduct a public hearing and consider an ordinance changing the zoning classification on certain property known as 200 SW 5th street to Commercial (C) and approving a Specific Use Permit to operate a Manufacturing Facility (light); amending the Zoning District Map accordingly; providing for a penalty not to exceed $2,000 for each violation; providing this ordinance be cumulative; and providing for severability, governmental immunity, injunctions, publication, and an effective date. ( 3 9 ) 9. Conduct a public hearing and consider an ordinance amending the City of Mineral Wells Code of Ordinances, Appendix B, Zoning, Article 3 Permitted Uses, to add "School, Commercial Trade with Residential Use as a listed land use with a Specific Use Permit in Wolters Park Zone-A (WP-A) and adding a definition and conditions; providing for a penalty not to exceed $2,000 for each violation; providing this ordinance be cumulative; and providing for severability, governmental immunity, injunctions, publication, and an effective date. ( 46) 10. Conduct a public hearing and consider an ordinance adopting a Specific Use Permit 2017-4 for a School, Commercial Trade with Residential Use on certain property known as 301 Gorgas Street zoned Wolters Park Zone-A (WP-A); amending the Zoning District Map accordingly; providing for a penalty not to exceed $2,000 for each violation; providing this ordinance be cumulative; and providing for severability, governmental immunity, injunctions, publication, and an effective date. ( 54 ) 11. Conduct a public hearing and consider an ordinance changing the zoning classification on certain property known as TR 5, ABST. 377, JB pollard survey to HUD Code Manufactured Home (MH); amending the Zoning District Map accordingly; providing for a penalty not to exceed $2,000 for each violation; providing this ordinance be cumulative; and providing for severability, governmental immunity, injunctions, publication, and an effective date. ( 62 ) 12. Consider appointment ofreview committee for Non-Profit Grant Funding applications. ( 63) 13. Consider Award of bid for Tax Exempt Master Lease/Purchase Financing ( 73) 14. Consider appointments/reappointments to various City Boards and Commissions. ( 79) 15. Consider resolutions reappointing Municipal Court Judge and City Health Authority. Mineral Wells City Council Agenda 03/21/2017 Page 2 of3 (82) 16. Consider approval of ordinance providing temporary closure of a portion of SE 14th Avenue for material and equipment storage during the utility upgrades on MH 379 17. Adjourn Notes: Disabled persons requiring special assistance are requested to notifY tlte City of Mineral Wells 24 !tours in advance of tlte meeting by calling tlte City Clerk's office at 940.328. 7702. Tlte City Council reserves tlte rigltt to meet in Executive Session closed to tlte public at any time in lite course of tltis meeting to discuss matters listed on tlte agenda, as autltorized by tlte Texas Open Meetings Act, Texas Government Code Cltapter 551, including §551.071, (private consultation witlt tlte attorney for lite City); §551.072 (purcltase, excltange, lease or value of real property); §551.074 (personnel or to /tear complaints against personnel); §551.076 (deployment, or specific occasions for implementation of security personnel or devices); and §551.087 (economic development negotiations). Any decision lteld on suclt matters will be taken or conducted in Open Session following tlte conclusion of lite Executive Session. State of Texas § City of Mineral Wells § I hereby certify that notice of this meeting of the Mineral Wells City Council was posted at Mineral Wells City Hall by 5:00 o' clock pm on this 17th day of March, 2017. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17th day of March, 2017. (SEAL) Mineral Wells City Council Agenda 03/21/2017 Page 3 of3

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