City Council Meetings

MINUTES REGULAR MEETING MINERAL WELLS CITY COUNCIL STEVE PERDUE FIRE TRAINING CENTER January 15, 2019 - 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, Beth Watson, Jerrel Tomlin, and Doyle Light. Councilmember Regan Johnson was absent. A quorum of City Councilmembers was present. Staff members present were Interim City Manager Margie Rose, Finance Director John Moran, Police Chief Dean Sullivan, Fire Chief Mike Pool, Public Works Director Bob Neal, City Clerk Peggy Clifton and City Attorney Andy Messer. Mayor Perricone called the meeting to order. Pastor Margie Holmes of the Central Methodist Church of Mineral Wells led the invocation and the Pledges of Allegiance to the U.S. and Texas flags were recited. PRESENTATION Fire Chief Mike Pool presented Ethan Weathers, Christopher Brooks, and Richard Graham as new Lieutenants. CITIZEN COMMENT No one had signed to speak. Interim City Manager Margie Rose requested that John Moran give more detail on the Over $500 item regarding vehicle purchases. Mr. Moran spoke regarding a 2019 Chevrolet 3500 flatbed truck in the General Fund for $34,553 and a 2019 HD 2500 double cab with utility bed for $38,000 in the Water Fund. Originally $85,000 was budgeted in the General Fund under Streets and $85,000 in the Water Fund under Water Distribution for a front-end loader. Since the City is not pursuing a grant that would require use of the front-end loader in Parker County, Mr. Moran proposed to take $34,553 out of the General Fund to purchase the truck for the Street Department and $38, 000 out of the Water Fund to purchase the truck for Water Distribution. Mrs. Watson moved and Mr. Light seconded and 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 December 18, 2018. 2. Consider and take action on approval of budgeted expenditures over $500. 3. Consider and take action on approval of Bond Report for the month ended December 2018. 4. Consider and take action on Pay Application No. 5 to B&L Construction Co. in the amount of $30,060.73 for the 16-inch Water Line Installation Project (Phase I) on US Hwy. 180 West. 5. Consider and take action on Change Order No. 2 and Final Pay Application No. 3 from Peachtree Construction, LTD in the amount of $23,936 for the completion of the MH 379 Paving Improvements Project. ITEMS FOR INDIVIDUAL CONSIDERATION 6. Dennis Carter of 416 SE 8th Street gave a background of his water account and asked Council to give him relief from his water bill at his business due to a leak. He stated that the City did not turn his water off quick enough after he reported a leak. After much discussion, Mrs. Watson moved and Mr. Light seconded to give Mr. Carter 2/3 relief on that water bill, not to include his current water bill due. Motion carried 6-0. 7. Mayor Perricone opened a Public Hearing at 7:11 to discuss and take action regarding the adoption of an ordinance amending the City of Mineral Wells Zoning Ordinance to adopt regulations relating to the sale of alcoholic beverages. Mr. Moran stated that the ordinance relating to the sale of alcoholic beverages was taken back to Planning & Zoning Commission because of questions the Commission had regarding "drive-in alcoholic beverage store", among other questions. He spoke of Specific Use Permits and the downtown area stating that this could cause development delay. Because the City Planner wants to review this more, particularly in the Central Business District (CBD) , Mr. Moran asked that Council table this item until further review was complete. Mrs. Underwood moved and Mr. Shoemaker seconded to table the action regarding the adoption of an ordinance amending the City of Mineral Wells Zoning Ordinance to adopt regulations relating to the sale of alcoholic beverages to no later than the Council meeting on February 5, 2019. Motion carried 6-0. 21 Page 8. Mr. Moran stated that until a permanent City Manager is appointed, we require a third signatory on the City financial accounts. He recommended that Police Chief Dean Sullivan be authorized to sign as a third signatory until such time that a permanent City Manager is appointed. Mr. Shoemaker moved and Mrs. Underwood seconded to approve a resolution of the City Council of the City of Mineral Wells, Texas, establishing a signatory on all City of Mineral Wells bank accounts in lieu of the City Manager; providing for an effective date; designating the signatories on all Cit y of Mineral Wells, Te x as financial documents; and ordaining other provisions related to the subject matter hereof. Motion carried 6-0. 9. Interim City Manager Margie Rose stated that Legal Counsel reviewed the Assignment of Ground Lease between Ledbetter Bros., LLC and Hallowed Sky Aviation, LLC at the Mineral Wells Municipal Airport . Mrs. Underwood moved and Mrs. Watson seconded to approve a resolution of the City Council of the City of Mineral Wells, Texas approving an assignment of ground lease for aviation use on property located at 3001 FM 1195, Mineral Wells, Texas, authorizing the Mayor to execute the Consent of Landlord attached to the assignment, and providing an effective date. Motion carried 6-0. 10. Mr. Moran stated that this was in regard to two military themed displays at the old Fort Wolters. The City of Mineral Wells has two military themed displays at the old Fort Wolters, a model cannon and a model helicopter. These were left over from the active duty period of Fort Wolters. The National Vietnam War Museum has expressed an interest in these displays, and has requested that they be donated to their facility for display purposes. The City Attorney has prepared an agreement that authorizes donation of these artifacts to the museum, but there are provisions in the agreement to reclaim them should circumstances ever dictate the necessity for their return. Mr. Shoemaker moved and Mr. Light seconded to approve a Donation Agreement authorizing the donation of two public art sculptures to the National Vietnam War Museum. Motion carried 6-0. 11. Mr. Moran stated that this item was essentially for recognizing that the airport was more than just a municipal airport. This new name was chosen to enhance our marketing efforts and stress the significant support and growing importance of the airport for our overall region of North Texas. The name change was previously considered by the Mineral Wells Airport Advisory Board, and was approved at its meeting on December 12, 2018. If approved, the proposed name change will be submitted to the 3I Page  Federal Aviation Administration for final approval. He also stated that the name change would not affect the City in regard to receiving grants. Mrs. Watson moved and Mr. Tomlin seconded to approve an ordinance revising and amending the code of ordinances of the City Of Mineral Wells, Texas by replacing all references to the Mineral Wells Municipal Airport with the Mineral Wells Regional Airport and providing an effective date. Motion carried 6-0. 12. Mr. Moran stated that the City had received a Hazard Mitigation Grant for three Lift Station generators. Phase One engineering costs of the project was approved in an amount not to exceed $13,300. That amount was applied to our matching requirement. Phase Two engineering costs of the project are not to exceed $39, 410, and are addressed in the contract amendment. Mrs. Underwood moved and Mr. Shoemaker seconded to approve an amended engineering contract with O'Brien Engineering and authorize the Mayor to execute all associated contractual documents. Motion carried 6-0. 13. At the last Council meeting Staff stated that this item would be brought for discussion again. Mayor Perricone stated that when Council looks at individual line items, he would like to know how much of a percentage of the budget has been spent each month. Mr. Light had questioned the idea of aggregating the chemical purchases for the Water Department during the previous meeting because it would violate the City's Purchasing Policy. It had been earlier approved with a monthly pro-rata on the items on the Over 500 that are aggregated for a full year. No action taken. 14. Mrs. Clifton stated that The Mineral Wells Volunteer Firefighters are members of the Texas Emergency Services Retirement System. There is a Local Board made up of three volunteer firefighters appointed by the Volunteer Department; two civilians appointed by the Board itself, and one representative of the governing body, appointed by the City Council. The representative of the governing body has typically been the City Clerk. Mrs. Clifton was appointed to this Board and this term expired on December 31, 2018. Mrs. Watson moved and Mr. Light seconded to appoint Peggy Clifton to a new term as the governing body's representative on the Local Board of the Texas Emergency Services Retirement System effective January 1, 2019 and expiring December 31, 2019. Motion carried 6-0. 41 Page 15. Mrs. Clifton stated that there was a vacancy on the Economic Development Task Force and that it was brought before Council to discuss. Mayor Perricone questioned the need of the Economic Development Task Force at this point. After much discussion, Mr. Shoemaker moved and Mr. Tomlin seconded to appoint John M. Huffman to the Economic Development Task Force. Motion carried 6-0. 16. Mrs. Clifton stated that there were vacancies on some of the City's volunteer Boards and Commissions. The Mayor's Committee on Boards and Commissions, being Councilmembers Tammy Underwood and Jerrel Tomlin, respectfully submitted the following recommendations: Parks and Recreation Advisory Board: The Committee recommends that Kim Houston be appointed to fill an unexpired term to expire March 31, 2019. Housing Authority: The Committee recommends that Carolyn Shipp and Carl Turner be reappointed, and that Kimberly Hoffman be appointed to fill the vacancy left by Eva Davis. These terms will expire on January 31, 2021. Mrs. Clifton stated that the City would be taking applications from citizens on any Boards/Commissions that they should choose to apply for. Mrs. Watson moved and Mr. Light seconded to accept the recommendations of the Mayor's Committee on Boards and Commissions. Motion carried 6-0. 17. Mayor Perricone announced that In accordance with Texas Government Code, Section 551. 001, et seq., the City Council will recess into Executive Session (closed meeting) at 7:50 to discuss the following: a) §551.074: Deliberation regarding the appointment and duties of a public officer or employee: City Manager hiring process and applicants. b) §551. 071 (1), (2): To consult with attorney regarding pending or anticipated litigation, or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with ch. 551 of the Texas Government Code regarding: (i) City of Mineral Wells v. Hanks, Cause No. C48039, 29th Judicial District Court and (ii) City Manager hiring process and applicants. SI Page 18. Mayor Perricone announced that City Council will reconvene into open session to discuss and take action, if necessary, on Executive Session items at 9:15. Regarding Item a) §551. 074: Deliberation regarding the appointment and duties of a public officer or employee: City Manager hiring process and applicants. No action taken. Regarding Item b) §551. 071 ( 1), (2) : To consult with attorney regarding pending or anticipated litigation, or on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with ch. 551 of the Texas Government Code regarding: (i) City of Mineral Wells v. Hanks, Cause No. C48039, 29th Judicial District Court and (ii) City Manager hiring process and applicants; Mr. Light moved and Mr. Shoemaker seconded to allow Ms. Hanks an extended time of 120 days to meet the Certificate of Occupancy qualifications for the residence in question and if at such time she does, that would be the end of it. Mr. Shoemaker added that if any citizens have the opportunity to help Ms. Hanks, please do. Motion carried 6-0. 19. Council directed staff to follow up on Ms. Hanks, the Over $500, and the alcohol ordinance. No action taken. 20. There was no further business and the meeting adjourned at 8:21 p.m. ~h4'r ~e;;;cone, Mayor ATTEST: APPROVED: tJJ.)orbot ~ , 'J GI Page