City Council Meetings

MINUTES REGULAR MEETING MINERAL WELLS CITY COUNCIL CITY HALL ANNEX November 20, 2018 - 6:00 pm Audio recordings of the City Council meetings are available on the City's website at mineralwellstx.gov City Councilmembers present were Mayor Christopher M. Perricone, Mayor Pro-Tern Tammy Underwood, Councilmembers Brian Shoemaker, Regan Johnson, Jerrel Tomlin, and Doyle Light. Councilmember Beth Watson was absent. 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, and City Attorney Will Trevino. Public Works Director Bob Neal and City Clerk Peggy Clifton were absent. Mayor Perricone called the meeting to order. Pastor Kirk Horton of the Well of Life Church of Mineral Wells led the invocation, and the Pledges of Allegiance to the U.S. and Texas flags were recited. CITIZEN COMMENT Two citizens had signed to speak and Mayor Perricone recognized each in turn. Neither were required to state their address for the Council to know if they were Mineral Wells residents. Terry Lann Murphy of 1100 Cactus Drive spoke regarding Council votes. Brian Golightley of 201 First Avenue Box 1621 spoke regarding the Farmer's Market, the Texas Capital Fund, and Council actions. The Mayor then recognized himself. Christopher Perricone of 1500 Alamo spoke regarding the Marilyn Hanks case. Correct i on: Mayor Perricone signed up to speak as a citizen . Neil Davis recognized the Emergency Services Citizens Academy and presented them certificates. Mayor Perricone moved and Mr. Shoemaker seconded to move Items 2, 3, and 4 from the Consent Agenda to Individual Consideration. Motion carried 6-0. Following a motion made by Mr. Tomlin, seconded by Mr. Light, the following CONSENT AGENDA was approved by a vote of 6-0: ll Page 1. Consider and take action on approval of minutes of meeting held November 6, 2018. 5. Consider and take action on Pay Application No.4 to B&L Construction Co. in the amount of $117,700.09 for the 16-inch Water Line Installation Project (Phase I) on US Hwy. 180 West. 6. Consider and take action on a resolution authorizing execution of Assignment of Ground Lease between Ron Stokes and Troy Welch at the Mineral Wells Municipal Airport. ITEMS FOR INDIVIDUAL CONSIDERATION 2. Mayor Perricone questioned the volleyball courts, Google Suite, weapons, graphics, recliners, and Water Department expenditures. Mrs. Underwood moved and Ms. Johnson seconded to approve the budgeted expenditures over $500. Motion carried 5-0-1 with Mr. Shoemaker abstaining. 3. Mayor Perricone questioned the engineers on the Bond Report. Ms. Johnson moved and Mr. Tomlin seconded to approve the Bond Report for the month ended September 2018. Motion carried 6- 0. 4. Mr. Light questioned the reflectors and Mayor Perricone questioned signatures and payment amounts. Mr. Light moved and Ms. Johnson seconded to approve Pay Application No. 2 received from Peachtree Construction, LTD in the amount of $17,712.77 for the MH 379 Paving Improvement Project. Motion carried 6-0. 7. Mayor Perricone opened a Public Hearing at 6:45 to consider and take action on a replat of 0.459 acres, being Cunningham #2 Addition, Block 5, Lots 1-4, Mineral Wells, Palo Pinto County, Texas to Cunningham #2 Addition, Block 5, Lots 1R,2R and 3R, Mineral Wells, Palo Pinto County, Texas. Mr. Howerton stated that at its meeting on October 1, the Planning and Zoning Commission recommended approval of this item subject to a variance because the lot sizes are smaller than what is required in the SF9 Zoning District. It then went before the Board of Adjustment on November 15 and a variance was approved for the smaller lot size. Mayor Perricone closed the Public Hearing at 6:47. Mr. Shoemaker moved and Ms. Johnson seconded to approve the replat of 0.459 acres, being Cunningham #2 Addition, Block 5, Lots 1-4, Mineral Wells, Palo Pinto County, Texas to Cunningham #2 Addition, Block 5, Lots 1R,2R and 3R, Mineral Wells, Palo Pinto County, Texas. Motion carried 6-0. 21 Page 8. Mayor Perricone opened a Public Hearing at 6:47 to consider a replat of 1.487 acres, being Lot 1, Block 1 of the Jack's Addition, located at 500 Sam Houston, Mineral Wells, Palo Pinto County, Texas. Mr. Howerton stated that at its meeting on November 5, the Planning and Zoning Commission recommended approval of the replat as presented. Mayor Perricone closed the Public Hearing at 6:49. Mrs. Underwood verified that approval would include the requestor being required to meet sewer requirements. Mrs. Underwood moved and Mr. Light seconded to approve the replat of 1.487 acres, being Lot 1, Block 1 of the Jack's Addition, located at 500 Sam Houston, Mineral Wells, Palo Pinto County, Texas. Motion carried 6-0. 9. Mayor Perricone opened a Public Hearing at 6:50 to consider and take action on a replat of 0.331 acres, being Lot 20, 21, 22, Block 20 of the Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas to Lots 20-R and 22-R, Block 20 of the Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas. Mr. Howerton stated that at its meeting on November 5, the Planning and Zoning Commission recommended approval of the replat. Mayor Perricone closed the Public Hearing at 6:51. Ms. Johnson moved and Mr. Light seconded to approve a replat of 0.331 acres, being Lot 20, 21, 22, Block 20 of the Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas to Lots 20-R and 22-R, Block 20 of the Pasadena Heights Addition, Mineral Wells, Palo Pinto County, Texas. Motion carried 6-0. 10. Mayor Perricone conducted the official canvass of the City Special Election held on November 6, 2018, announcing the results of the Local Option Election for PROPOSITION TO LEGALIZE THE LEGAL SALE OF ALL ALCOHOLIC BEVERAGES INCLUDING MIXED BEVERAGES as follows: Parker County For: 30 Against 9 Palo Pinto County For: 2554 Against 747 TOTAL VOTES For: 2584 Against 756 Number of ballots cast according to poll list Parker County: 53 Palo Pinto County: 3516 TOTAL BALLOTS CAST: 3569 11. Mrs. Underwood moved and Ms. Johnson seconded to approve an ordinance of the City of Mineral Wells, Texas, canvassing the returns and declaring the results of the Special Local Option Election held in the City of Mineral Wells on November 6, 3I Page  2018 for the purpose of submitting to the qualified voters of said city the question of whether or not to permit the legal sale of all alcoholic beverages including mixed beverages within the City of Mineral Wells; ordering the legal sale of all alcoholic beverages including mixed beverages within the City of Mineral Wells; providing a severability clause; and providing an effective date. Motion carried 6-0. 12. Mr. Howerton stated that a chapter of the Code in the Mineral Wells Code of Ordinances speaks to the sale of alcoholic beverages. As a result of the Local Option Election, that ordinance became ineffective and was superseded by the election that was held. The City Attorney viewed the previous ordinance that was in place and created new provisions based on the Local Option Election. Mr. Shoemaker moved and Mr. Light seconded to approve an ordinance of the City Of Mineral Wells, Texas, amending Chapter 10, "Alcoholic Beverages", Article II, "Alcoholic Beverages", of the Code of Ordinances, City of Mineral Wells, Texas, to adopt regulations relating to the sale of alcoholic beverages; providing for a penalty not to exceed $500 for each violation; providing this ordinance be cumulative; and providing for savings, severability, governmental immunity, injunctions, publication, and an effective date. Motion carried 6-0. 13. Mr. Howerton stated that the City had been working on some Downtown Plans. Several meetings have been held in recent weeks with the Downtown Revitalization Committee of the Envision Mineral Wells group, as well as others involved in the Downtown Area to consider the preparation of a Downtown Concept Plan. The TIRZ #2 Board of Directors convened on Tuesday, November 13, 2018 to consider a resolution authoring the use of TIRZ funds for the Downtown Concept Plan project. A resolution was approved by the TIRZ #2 Board to allocate $38,000 plus City approved reimbursable expenditures for the purpose of completing a Downtown Concept Plan utilizing the firm Stantec Consulting Services, Inc. In order to proceed with this proposed project, a similar resolution has been prepared for the City Council to authorize the expenditure of these funds, as well as enter into an Agreement with Stantec Consulting Services, Inc. Approximately $250,000 is available in the TIRZ fund at the present time to def ray the expense of the subject contract. Shai Roos of Stantec Consulting Services, Inc. gave a presentation. Mr. Light moved and Mr. Tomlin seconded to approve a resolution of the City Council of the City of Mineral Wells, Texas approving and authorizing the expenditure of $38,000 plus City-approved reimbursable 41 Page  expenditures in TIRZ #2 Project Funds for a Downtown Concept Plan and authorizing execution of a Professional Services Agreement between the City of Mineral Wells, Texas and Stantec Consulting Services, Inc. and providing for an effective date. Motion carried 6-0. 14. Mr. Moran stated that the City has another opportunity to submit an application for a Hazard Mitigation Fund Project. This grant request is again for a Comprehensive Drainage Plan. The Mayor previously appointed a Selection Review Committee consisting of Councilmember Doyle Light, Councilmember Tammy Underwood, and Director of Finance John Moran. The Selection Review Committee evaluated Engineering Services submissions from Everett Griffith, Jr. & Associates, Inc. and Lockwood, Andrews and Newnam, Inc. for the Comprehensive Drainage Plan re-submission and recommend Lockwood, Andrews and Newnam as the Engineering Services Provider for the Comprehensive Drainage Plan Grant Submission. Ms. Johnson moved and Mr. Shoemaker seconded a resolution of Mineral Wells, Texas authorizing the award of Service Providers for the Texas Hazard Medication Assistance Project funded through the Texas Division of Emergency Management and/or the Texas Water Development Board. Motion carried 6-0. 15. Mr. Howerton Stated that this was the contract that the Mayor had requested to be placed as the Local Project Liaison after the contract was approved at the last meeting. The City Attorney had advised that the Mayor would not be in a position to serve in that capacity. No action taken. 16. Mayor Perricone questioned the Council as to their thoughts regarding the recording of Executive Sessions. City Attorney Will Trevino stated that the City could either have a certified agenda or a certified tape recording of Executive Session. He stated that if the council decided to record Executive Sessions, the Council would need to establish rules regarding this. Mrs. Underwood asked that the item be discussed after the City Attorney could provide an example of a policy. No action taken. 17. Mayor Perricone discussed incentives for small business in Mineral Wells. Mr. Shoemaker stated this should be put to the Economic Development Task Force. Mr. Light stated that he spoke with David Hawes and verified that these incentives were part of the scope of work that Mr. Hawes was to perform. Much discussion was held by Council. No action taken. SI Page 18. Mayor Perricone discussed a Citizens Advisory Group to assist the Mayor on agendas. No action taken. 19. Mayor Perricone announced that in accordance with Texas Government Code, Section 551.001, et seq., the City Council will recess into Executive Session to discuss the following: a) §551.074: Deliberation regarding the appointment and duties of a public officer or employee: City Manager. b) §551.071: To consult with attorney regarding pending litigation: City of Mineral Wells v. Hanks, Cause No. C48039, 29th Judicial District Court at 8:16 p.m. 20. Mayor Perricone announced that the Mineral Wells City Council has completed its Ex ecutive Session. In accordance with Te x as Government Code, Chapter 551, the City Council will reconvene into Regular Session to consider action, if any, on matters discussed in Ex ecutive Session on this the 6th day of November, 2018 at 9:16 p.m. Mr. Shoemaker moved and Ms. Johnson seconded to accept an agreement between the City of Mineral Wells and Marilyn Hanks to have a 3rd party inspection of the property at 705 Southwest 14th street to determine the habitability of the property to include a life safety review, an engineering review of the structure and the property, and the form of the agreement being subject to the approval of the City Manager and the City Attorney. Motion carried 5-0-1 with Mayor Perricone abstaining. No action was taken on City Manager discussion. 21. No discussion taken. 22. No discussion taken. 23. There was no further business and the meeting adjourned at 9:21 p.m. ATTEST: c~~e~M~Perricone, Mayor APPROVED: I / cJ../o<f Ol. 0 I? 6I Page