City Council Meetings

MINUTES REGULAR MEETING MINERAL WELLS CITY COUNCIL CITY HALL ANNEX June 19, 2018 - 6:00 pm City Councilmembers present were Mayor Christopher M. Perricone, Mayor Pro-Tern Tammy Underwood, Councilmembers Brian Shoemaker, Regan Johnson, Beth Watson, Doyle Light, and Jerrel Tomlin. A quorum of City Councilmembers was present. Staff members present were City Manager Lance Howerton, Finance Director John Moran, Police Chief Dean Sullivan, Fire Chief Mike Pool, Public Works Director Bob Neal, City Clerk Peggy Clifton, and City Attorney Courtney Kuykendall. Mayor Perricone called the meeting to order. Pastor Jake Grogan of Indian Creek Baptist Church led the invocation, and the Pledges of Allegiance to the U.S. and Texas flags were recited. CITIZEN COMMENT Four people had signed to speak. Mayor Perricone recognized each in turn. Councilman Doyle Light recognized the Mineral Wells Fire Department for covering stations for the Weatherford Fire Department so that they could attend the funeral of fallen Firefighter Andy Loller. Carol Wright of 1412 S.E. 3rct Street, Mineral Wells, asked the Council to update the City's smoking ordinance and address the issues of secondhand smoke. Robert Avants of 201 N.E. 27th Street, Mineral Wells, spoke his thoughts on the City Council and the Industrial Foundation. Steve Butcher of the Industrial Foundation asked that that Robert Avants and any others get together with the Mayor and make a list of the problems, questions, concerns and assertions and that he would bring back answers to those. Darlene Kanady of 805 S . W. 25th Street, Mineral Wells, spoke in favor of the Mineral Wells' Certificates of Occupancy. Following a motion made by Mrs. Underwood, seconded by Mr. Light, the following CONSENT AGENDA was approved by a vote of 7-0: 1. Consider approval of minutes of meetings held June 5, 2018. 2. Consider approval of budgeted expenditures over $500. 3. Consider approval of Financial Report for the month ended March 2018. 4. Consider approval of Bond Report for the month of May 2018. ITEMS FOR INDIVIDLUAL CONSIDERATION 5. Rose Jordan of PULSE Ministries gave a presentation regarding Mission Mineral Wells Summer Mission Project. No action taken. 6. Mayor Perricone opened a Public Hearing at 6:40. Mr. Howerton stated that at its meeting on June 4, 2018, the Planning and Zoning Commission approved a replat of the Pasadena Heights Addition to the City of Mineral Wells. Mayor Perricone closed the Public Hearing at 6:41. Ms. Johnson moved and Mr. Shoemaker seconded to approve a replat of all of Lot 10, Lot 11, and Lot 12, Block 12 of the Pasadena Heights Addition to the City of Mineral Wells, Palo Pinto County, Texas to Lot 10-R and Lot 12-R of the Pasadena Heights Addition to the City of Mineral Wells Palo Pinto County, Texas. Motion carried 7-0. 7. Mr. Howerton stated that the Texas Film Commission solicits Film Production companies to come to Texas. As part of this, the Texas Film Commission has instituted the Film Friendly Texas Program in which local communities can participate and become a part of this process. It is recommended that guidelines be adopted by the local community that would direct film productions within the various locales. The City has been working with the Chamber of Commerce to develop Film Guidelines that would allow us to participate in the Film Friendly Texas Program. These guidelines follow a template that has been provided by the Texas Film Commission and should guide us in assisting and directing any film productions that may occur in the future in Mineral Wells. Mrs. Watson moved and Mr. Light seconded to approve Guidelines for Filming in Mineral Wells, Texas and participation in the Texas Film Commission Film Friendly Texas Program. Motion carried 7-0. 8. Mr. Howerton asked that in reference to the Film Friendly Texas Program that an amendment be made to Chapter 78 of the Code of Ordinances. Ms. Johnson moved and Mr. Shoemaker seconded to approve an ordinance of the City of Mineral Wells, Texas, amending Chapter 78 of the Mineral Wells Code of Ordinances to authorize administrative approval of temporary street closures; providing a repealer and severability clause; providing for publication; providing for a penalty; and providing an effective date. Motion carried 7-0. 9. Mr. Neal asked the Council to award of bid in the amount of $1,062,292.50 to B&L Construction Company for the 16-inch Water Line Installation Project (Phase 1) on US Hwy. 180 West. Six bids were received and the Engineer recommended B&L Construction Company. Mr. Light moved and Mrs. Watson seconded to award the bid in the amount of $1,062,292.50 to B&L Construction Company  for the 16-inch Water Line Installation Project (Phase 1) on US Hwy. 180 West. Motion carried 7-0. 10. At the request of Mayor Perricone, Mrs. Watson moved and Mr. Shoemaker seconded to move Item 10 (Discuss and consider action relating to Certificates of Occupancy required for residential properties) and Item 11 (Consider Community Electric Aggregation proposal) to the Executive Session portion of the meeting to be able to discuss items with the City Attorney. Motion carried 7-0. Items #10 and #11 will be reflected near the end of the minutes with Executive Session. 12. Mr. Moran stated that the City had previously discussed annexation to the City's water plant south of town. As a result of Senate Bill 6, Texas annexation laws have substantially changed as of December 1, 2017. Texas counties are now designated either "Tier 1" or "Tier 2" counties, primarily depending upon population. Counties with populations less than 500,000 are designated "Tier 1" counties, and counties with populations greater than 500,000 are classified as "Tier 2" counties. However, "Tier 1" counties that are petitioned by 10% or more of the registered voters of that particular county must hold an election on the standard election date whether or not to become a "Tier 2" county. Approval of this measure requires a majority vote of the registered voters of the county. Parker County has received such a petition and an election has been called. Because part of Mineral Wells is in Parker County, and any city that is wholly or partly in a "Tier 2" county, becomes a "Tier 2" city. Senate Bill 6 potentially affects the City of Mineral Wells, and as we have had discussions about annexation in the past, he asked for direction from Council. Council advised staff to look into this to include parts west and south of town. No action taken. 13. Mr. Moran stated that the Municipal Court has an existing agreement with Palo Pinto County to house prisoners and then approximately a year ago began contracting with Parker County. There has been, and still is, over-crowding issues in the jails. He asked Council to approve an Interlocal Agreement with Jack County to house City Prisoners. The Interlocal Agreement must also be ratified by the Jack County Commissioners. The use of Jack County jail will remain secondary to the Palo Pinto County jail, and is only intended to be used as a "back-up" facility for Municipal Court prisoners. Mr. Shoemaker moved and Mrs. Underwood seconded to enter into an Interlocal Agreement with Jack County to house Municipal Court Prisoners. Motion carried 7-0. 14. Mr. Moran stated that Public Works needed a Front-end Loader that fell within the guidelines to apply for a grant with the North Central Texas Council of Governments. The cost for such equipment is $100,000 to $125,000. A grant could pay from 25% to 35 % of the cost. This would be a lease/purchase agreement. Ms. Johnson moved and Mr. Light seconded to approve a resolution authorizing the submission of a North Central Texas Council Governments Clean Fleets North Texas 2018 Grant and authorize the City Manager to execute all associated paperwork in submission of the Grant. Motion carried 7-0. 15. Mr. Light asked the Council to consider applications presented by the Mineral Wells Senior Center and PULSE Ministries. Mr. Light moved and Mr. Shoemaker seconded to increase the recommended funding for the 2018/2019 Fiscal Year Budget to include $10,000 for both the Mineral Wells Senior Center and PULSE Ministries. Motion carried 6-1 with Mayor Perricone voting against. 16. Mrs. Clifton gave an update on a Local Option Petition. A petition for a Local Option Election for the legal sale of all alcoholic beverages including mixed beverages was issued on April 12 to Brent John. The required valid signatures is 35% of registered voters that voted in the last gubernatorial election. In the 2014 November Gubernatorial Election, 2,500 people in the City of Mineral Wells voted. The amount of valid signatures required equals 875. The petition was returned on June 11. Mrs. Clifton verified 990 valid signatures on the petition. State law requires that an election must be ordered at the Council's first meeting on or after the 30th day that a valid petition is returned. An order of election will be brought to the Council at its meeting on July 17th. Because it is a November election, the City must contract with both Palo Pinto and Parker Counties that will be brought to a later meeting. No action taken. 17. Mayor Perricone moved and Mrs. Underwood seconded to move Item# 17 (Discuss items for the upcoming agenda) to the end of the meeting and the item will be reflected at the end of the minutes. Motion carried 7-0. 18. Mayor Perricone announced that in accordance with Texas Government Code, Chapter 551.071, the City Council will recess into Executive Session (closed meeting) to consult with its attorney regarding pending litigation: City of Mineral Wells v. Hanks, Cause No. C48039, 29th Judicial District Court and also to discuss Items #10 and #11 on this 5th day of June, 2018 at 7:51 p.m. 19. The City Council reconvened into Open Session at 8:57 p.m. to consider possible discussion or action on Executive Session items. No action taken regarding pending litigation and minutes will begin with skipped items. 10. Mayor Perricone asked the Council to discuss and consider action relating to Certificates of Occupancy required for residential properties. Mr. Light stated that with the rules surrounding TCEQ, the City could not get out of the inspection process. He stated that he was willing to work with staff to come up with a new framework and possible administrative policy change regarding Certificates of Occupancy. Much discussion was held by Council. Mr. Shoemaker moved and Mrs. Underwood seconded to accept Mr. Light's proposal of taking this item back to staff to see if any amendments could be made. Motion carried 6-1 with Mayor Perricone voting against. 11. Mr. Shoemaker moved and Ms. Johnson seconded to table the item (Consider Community Electric Aggregation proposal). Motion carried 7-0. 17. Mayor Perricone discussed items he would like to see on the next agenda. No action taken. 20. There was no further business and the meeting adjourned at 9:22 p.m. Christopher M. Perricone, Mayor ATTEST: Pe#,,cl/n~erk APPROVED: