City Council Meetings

598 MINUTES REGULAR MEETING MINERAL WELLS CITY COUNCIL CITY HALL ANNEX August 15, 2017 - 6:00 pm City Councilmembers present were Mayor Mike Allen, Mayor Pro-Tern Tammy Underwood, Councilmembers Brian Shoemaker, Regan Johnson, John Upham, Jerrel Tomlin, and Doyle Light. A quorum of City Councilmembers was present. Staff members present were City Manager Lance Howerton, Police Chief Dean Sullivan, Public Works Director Kelly Jones, Fire Chief Mike Pool, and City Clerk Juanita Formby, and City Attorney Mack Reinwand. Finance Director John Moran was absent. Mayor Mike Allen called the meeting to order, Pastor Dan Rasmussen of New River Fellowship Church of Mineral Wells gave the invocation, and the Pledges of Allegiance to the U.S. and Texas were recited. CITIZEN COMMENT Four people had signed to speak. Mayor Allen recognized each in turn: Brandon Johnson of 2603 N. Highway 281 in Mineral Wells said he had not been active in the affairs of the City heretofore, but asked if there was a multi-year plan for the reconstruction of streets and water/sewer facilities. He said no one disputes the needs of the City but wanted to be assured that decisions were given thoughtful consideration before being made. He asked if citizens' views are considered before any decisions were made. Mayor Allen spoke about Envision Mineral Wells, explaining that it was an effort by an organized group of citizens to isolate the particular needs of the City, and encouraged Mr. Johnson to become involved. Mr. Howerton explained the process used for selecting bond projects, saying that a large committee made up of citizens was the original body who developed a comprehensive list of potential projects involving all City departments. He said he would share the comprehensive capital improvements plan developed by the committee with anyone who asked for it. Mr. Johnson was not in favor of the bond issue to repurpose the former Bank of America building for use as a City Hall. Ginny Milliken of 605 N.E. 39th Avenue said that she felt new streets and water/sewer lines were more important to more people Mineral Wells City Council Minutes 08/15/2017 Pagel of8  599 that personnel increases in public safety, as had been n l ! discussed. Perhaps the City could implement a sign-on bonus for new officers in an attempt get them to stay with the City employment longer. She asked if any study had been done to determine if the purchase and repurposing of the former Bank of American building was cheaper than building a new City Hall building. She encouraged the City Council to accept the recommendation of the City Manager and adopt an ad valorem tax rate with only a one cent increase. Brian Golightly said that he lives in Grand Prairie, but he hopes to retire to Mineral Wells soon. He said that he sees no vision for the future of Mineral Wells, only tax increases. Street repairs are needed. He would agree to a tax increase to assist police and fire personnel. He said that if the Council has no vision for Mineral Wells to step aside and allow someone who does have vision to lead the City. Terri Blevins of 2807 N. Murco said that the Bank of America project is "insanity". The City needs streets and infrastructure improvements, not a new palace or cathedral for the Council and staff. They have a roof over their head in which to work that nothing more is needed. He said this proposition was bad, and encouraged everyone to get out and vote against it. He said he would like to see the capital improvements plan Mr. Howerton mentioned. Following a motion made by Mr. Upham, seconded by Mrs. Underwood, the following CONSENT AGENDA was approved by a 7-0 vote: 1. Consider minutes of previous meetings held July 27, August 1, and August 8, 2017. 2. Consider approval of budgeted expenditures over $500. 3. Consider a resolution declaring itemized vehicles as surplus and authorizing disposition of same. 4. Consider approval of Pay Application No. 1 to Fambro Construction LLC in the amount of $75,510 for the 16" Water Line Extension - MH 379 Bores Only Project. L Mineral Wells City Council Minutes 08/15/2017 Page 2 of8 600 ITEMS FOR INDIVIDUAL CONSIDERATION 5. Mayor Allen opened a public hearing at 6:35 pm regarding a request for a replat of about two acres located at 601 MH 379 in Mineral Wells. The property owners plan to construct a single family home on the property. The current legal description of the property is 2.3927 acres out of the southeast quarter of Section 34, Abstract 114 of the T&P RR Company Survey, block A, EOB, Palo Pinto County, Texas. Mr. Howerton said that the Planning and Zoning Commission had met on August 7 to consider this matter and now recommends that the plat be approved. No one was present to speak, and the public hearing was closed at 6:37 pm. Mr. Upham moved and Mr. Light seconded to approve the plat as recommended. The new legal description will be Lot 1~ Block 1, Wyers Addition to the City of Mineral Wells. Motion carried 7-0 6. Mayor Allen opened a public hearing at 6:38 pm regarding a request to abandon a portion of N.E. 24th Street between N.E. 4th Avenue and N.E. Sh Avenue in Mineral Wells. The Northside Baptist Church, who owns property abutting the street on both sides makes this request. Feral Gage of 803 Oaks Crossing Road, associated with the church, said that the church will use the property to enlarge their playground area and for the safety of their congregation members, who cross the street to attend church. No one was present to speak, and the public hearing was closed at 6:43 pm. Mr. Shoemaker moved and Mr. Light seconded to pass and approve an ordinance of the City of Mineral Wells, Texas, abandoning and vacating N.E. 24th Street from N.E. 4th Avenue to N.E. 5th Avenue, and as more particularly described and depicted in Exhibit "A",; retaining drainage and utility easements thereon; authorizing the execution of a quitclaim deed; providing for an effective date. Motion carried 7-0. 7. Mr. Howerton said that, pursuant to City Council direction, staff had advertised and received bids for the demolition of condemned structures. Five bids were opened on August 8, 2017. After analyzing the bids received, staff is now prepared to recommend that the City Council accept the low bid from Area Wide Construction of Weatherford, Texas in the amount of $17,000. Mr. Light moved to accept the bid from Area Wide Construction as recommended, Mr. Upham seconded, and the motion carried 7- Mineral Wells City Council Minutes 08/15/2017 Page 3 ofB  601 0. The structures to be removed are located as follows: 11 I I 515 .W. 5~ Street, 210-212 N.W. 1st Street, 1700 S.E. 2~ Street, and 415 N.E. 1st Street, all in Mineral Wells. ( ' 8. Mr. Howerton presented an ordinance which would call a bond election for November 7, 2017. He said that this has been the subject on on-going discussion for over a year; when the City's debt was completely retired in 2016, citizen committees and City Council subcommittees had convened to isolate projects to be the subject of this election, from a slate of many, many different projects that span all City departments. At its previous meeting, the City Council had decided on three projects to be placed before the voters for their approval or disapproval. Mr. Leroy Grawunder, of the firm McCall, Parkhurst, and Horton, the City's bond counsel, was also present to answer questions. Ms. Sara Bedford Cheek of Hilltop Securities, Inc., the City's financial advisors, was also present and spoke about the cost of issuance, which added to the base cost of the projects. Mr. Howerton also presented a tax analysis of the proposed projects. The three projects which are to be the subject of the November bond election are as follows: PROJECT NAME ESTIMATED COST BOND ISSUE AMOUNT Combination Street/Utilities $7,100,000 $7,500,000 Bank of America $5,500,000 $5,805,000 Highway 180 West Waterline $3,750,000 $3,960,000 Following the presentation, Mr. Upham moved and Mr. Shoemaker seconded to pass and approve an ordinance by the City Council of the City of Mineral Wells, Texas, calling a bond election to be held on November 7, 2017; providing for the conduct and the giving notice of the election; providing an effective date; and enacting other provisions relating to the subject. Motion carried 7-0. 9. Mr. Howerton presented a resolution authorizing the exercise of the option to purchase property located at 100 S.E 6th Avenue, the former Bank of America Building. He explained again for those present that the purchase contract for the bank building provided for a no cost feasibility period through August 31, 2017 to determine the viability of renovating the building for the City's use. The contract provided thqt if the City were to schedule a bond election in November 2017 with the renovation being a subject proposition, the City would be required to exercise Mineral Wells City Council Minutes 08/15/2017 Page 4 of 8 602 an option to extend the contract into the month of November and would be required to pay a non-refundable option fee of $25,000. This is because the seller would be required to hold the property off the market for an additional time to allow the election to be held. If the proposition passes, the purchase price would be $1,125,000 and that cost is part of the estimated bond project amount of $5.5 million. Following the presentation, Mrs. Underwood moved and Mr. Upham seconded to adopt a resolution authorizing the exercise of the option to purchase property located at 100 S.E. 6th Avenue in Mineral Wells (former Bank of America building). Motion carried 7-0. 10. The City Clerk addressed the City Council regarding the election now to be held on November 7, 2017. She explained that this election will be somewhat different that the elections for City officers held in May, in that the November election must be held county-wide in both counties in which Mineral Wells is situated, Parker and Palo Pinto Counties. She explained that both counties use county-wide polling places, which means that a voter living and registered to vote in Mineral Wells can visit any of the polling places throughout their county of residence and cast their vote in the bond election at that polling .place. The poll workers at the county polling places will help the voter access the proper ballot based on their residence. Mrs. Formby said she wanted to make sure this was understood, as it is different than the City's May elections were only one polling place is used. With that, Mrs. Formby presented a resolution which would authorize the execution of Agreements for Election Services between the City and the Elections Administrators of Parker County and of Palo Pinto County to conduct the election to be held on November 7, 2017. She also advised the City Council that, inasmuch as the City will be contracting with two counties rather than one, the election will cost about twice what a May election would cost. Total cost for the November election is about $10,300.00. A few questions were answered, and Mr. Upham moved and Mr. Light seconded to adopt the resolution as presented. Motion carried 7-0. 11. Mayor Allen opened a public hearing at 7:12 pm regarding a request for a temporary street closure to accommodate the annual Fall Festival for the Our Lady of Lourdes Catholic Church. Chief Sullivan said that the temporary closure of N.W. 3rd Avenue from West Hubbard to N. W. 2nd Street, and N. W. 1st Street from N. W. 3rd Avenue to Mineral Wells City Council Minutes 08/15/2017 Pages of8  603 N.W. 4th Avenue, adjacent to the church campus, would be on 11 I I Saturday, September 17, 2017 from 2:00 pm until midnight. No one was present to speak, and the public hearing was I I closed at 6:43 pm. Following the presentation, Mr. Upham moved and Mr. Shoemaker seconded to pass and approve an ordinance providing for the temporary closing of certain streets to public travel during the Our Lady of Lourdes Church Annual Fall Festival. Motion carried 7-0. 12. Mr. Howerton advised the City Council that new state legislation effective September 1, 2017 (SB 1004) would allow private wireless telecommunication (cell phone service) providers to use the City's rights of way for private use by placing "cell nodes" on City light and traffic poles. Cell nodes are large, box-shaped antennas that cellular phone companies deploy to increase cellular bandwidth. The new law would adversely affect the City's franchise revenue traditionally gained through utilities using the City's rights of way and utility poles for transmission of their services (electric, television cable) . Staff and the City Attorney reviewed the provisions of SB 1004 and prepared an ordinance that regulates the installation of micro network nodes, network nodes and network support poles that will comply with the new state law. An associated Design Manual regarding this issue will be presented in the next agenda item. Mr. Howerton said it is critical that these local regulations become effective prior to September 1, 2017, when wireless providers will have the right to locate in the City's right of way regardless of whether standards are in place or not. With that, Mr. Upham moved and Mr. Shoemaker seconded to pass and approve an ordinance of the City of Mineral Wells, Texas amending the Code of Ordinances of the City of Mineral Wells to add a new Article V entitled "Right-of-Way Management" to Chapter 78 (Streets, Sidewalks, and Other Public Places) and to add a new "Division 2" to Article V entitled "Use of ~ublic Rights-of-Way by Network Providers (Right-of-Way Management)" adopting provisions regulating the physical use, occupancy and maintenance of City rights- of-way by wireless network providers in accordance with Chapter 284 of the Texas Local Government Code; providing repealing and savings clauses; providing severability; providing a penalty not to exceed the sum of five hundred dollars ($500.00) for each offense; providing a Texas Open Meetings Act clause; providing for publication; and providing an effective date. Motion carried 7-0. Mineral Wells City Council Minutes 08/15/2017 Page 6 of8 604 13. Mr. Howerton said that in response to the passage of SB 1004 and the adoption of a City ordinance to regulate the installation of cellular infrastructure in City rights- I of-way, an associated Design Manual is also necessary to further protect the City's rights-of-way and the City's interests. Mr. Howerton again advised the City Council that action prior to September 1st is urgent, because as of that date network providers will be permitted to use the City's rights-of-way and facilities regardless of whether the City regulates those or not. Mr. Shoemaker moved and Mrs. Underwood seconded to adopt the Design Manual for Installation of Network Nodes and Node Support Poles, as presented. Motion carried 7-0. 14. Fire Chief Mike Pool told the City Council that they have an opportunity to purchase a used demo ambulance at a very attractive price. Professional Ambulance of Comanche, Texas is offering to sell a 2016 F350 Frontline ambulance to the City for $110,014.50 (normally this equipment would cost about $140,000). Inasmuch as our current reserve fleet is aging, Chief Pool is recommending this purchase. This purchase would require an amendment to the current year budget, which is presented in the next agenda item. Mr. Light moved to approve the purchase as described, Mr. Upham seconded, and the motion carried 7-0. 15. Mr. Howerton said that the approved purchase of the ambulance in the previous item would necessitate an amendment to the 2016-2017 annual budget to add an additional $115,000 to line item 5708 in the Fire/Emergency Medical Services budget. The funds are available in the General Fund Balance to cover the transfer. Ms. Johnson moved and Ms. Underwood seconded to pass and approve an ordinance of the City of Mineral Wells, Texas amending the annual budget for the fiscal year ending September 30, 2107; providing that expenditures shall be made in accordance with said budget as amended; providing an effective date. Motion carried 7-0. 16. There was no further business, and the meeting was adjourned at 7:25 pm. Mineral Wells City Council Minutes 08/15/2017 Page 7 of8  605 ATTEST: Mi~ ED: 09-oS-cJ-017 Mineral Wells City Council Minutes 08/15/2017 Page 8 of 8