City Council Meetings

MINUTES REGULAR MEETING MINERAL WELLS CITY COUNCIL CITY HALL ANNEX February 5, 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, Regan Johnson, Jerrel Tomlin, Beth Watson and Doyle Light. 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. Reverend Brian Nierman of the First Christian Church of Mineral Wells led the invocation, and the Pledges of Allegiance to the U.S. and Texas flags were recited. CITIZEN COMMENT No one had signed to speak. SPECIAL THANKS Jim Messinger thanked the Council for the donation of two public art sculptures, a Cannon and Helicopter display, to the National Vietnam War Museum. Following a motion made by Mrs. Watson, seconded by Mr. Light, the following CONSENT AGENDA was approved by a vote of 7-0: 1. Consider approval of minutes of meeting held January 15, 2019. 2. Consider approval of budgeted expenditures over $500. 3. Consider Order of Election for May 4, 2019 election for City Councilmembers. (Consideracion de orden de eleccion en 4 de mayo 2019 para las elecciones del Concejo Municipal.) ll P age 4. Consider approval of Uniform Election Joint Resolution and Joint Election Agreement and Contract for Election Services between City of Mineral Wells and Palo Pinto County Elections Administrator for Election to be held on May 4, 2019. ITEMS FOR INDIVIDUAL CONSIDERATION 5. Mayor Perricone continued a Public Hearing from the meeting of January 15, 2019 at 6:05 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 this ordinance had been amended again with specific concentration in the downtown area, or Central Business District. Some of the changes in this District included: Beer Garden, Brew Pub, Convenience Store, Cidery, Distillery, and General Retail. Specific Use permits are required for Restaurant, Restaurant Drive In, and Restaurant Drive Through. Drive-through access will only be allowed at an Alcoholic Beverage Store with a Specific Use Permit. The Planning and Zoning Committee had wanted to totally prohibit these establishments, but the City Council indicated that they wanted to make allowances. A Winery is a permitted use as well. Under Community Facilities, Private Club, he stated that the Golf Course was a Community Facility and was made a Private Club with a Specific Use Permit. This is the only exception to the Residential Area. The Golf Couse is a Community Facility but the Country Club itself is private. The sale of alcoholic beverages is not allowed in areas zoned for residential uses, including Planned Development Districts approved exclusively for residential uses with the single exception of Community Facilities. Mayor Perricone closed the Public Hearing at 6:18. Mr. Shoemaker moved and Mr. Light seconded to approve an ordinance amending the City of Mineral Wells Zoning Ordinance to adopt regulations relating to the sale of alcoholic beverages; providing a penalty not to exceed two thousand and no/100 dollars ($2,000.00) for each offense; providing severability, repealing and savings clauses; providing an effective date; and providing for the publication of the caption hereof with changes made to General Retail requiring 21 Page  a Specific Use Permit for a Beer Barn, the Cidery being permitted in the Central Business District, and the Distillery being permitted in the Central Business District. Motion carried 7-0. 6. Mayor Perricone opened a Public Hearing at 6:19 to discuss and take action on the reenactment of Sections 76-80 entitled "Curfew Hours for Minors" of Chapter 16 of the Code of Ordinances of the City of Mineral Wells. Chief Sullivan stated that in January 2016, the Council voted to reenact the curfew hours for minors, which is a process required to be renewed every three years were the Council to choose to do so. Section 370.002 of the Texas Local Government Code, requires every three years the governing body of a home-rule municipality review the ordinance's effect on the community and on problems the ordinance was intended to remedy. The expiration of this ordinance presents an opportunity to revisit the necessity and purpose of the intent of a minor curfew in this community. In the opinion of staff, while the curfew ordinance has proven to be an effective tool over the period of its existence, the original problems and impact on the community have diminished or evolved and, as such, warrant deliberation and/or amendment before reenacting such an ordinance. He stated that the Council could take the following actions: (a) Do nothing and allow the previous ordinance to expire. (b) Hold Public Hearing(s), discuss and take action to reenact an ordinance on the subject at the next available City Council meeting. (c) Study the subject matter in further detail, hold Public Hearings, and move forward with the information in the form of an updated ordinance. Mayor Perricone closed the Public Hearing at 6:33. Mr. Shoemaker moved and Mrs. Underwood seconded to let the ordinance expire. Motion carried 7-0. 7. Chief Sullivan stated that previously, the Council had approved two-year agreements with NCTCOG 9-1-1 for 9-1-1 services. With the formal establishment of the NCT911 Emergency Communications District, a new Interlocal agreement for service is required. The term of the new agreement 3I Page  includes a continuation of service until September 30, 2019. Biennial agreements will be executed thereafter. Mrs. Watson moved and Mr. Tomlin seconded to approve a resolution authorizing the City Manager to execute an Interlocal Agreement between the North Central Texas Emergency Communications District (NCT911) and the City of Mineral Wells for 9-1-1 Services and Equipment. Motion carried 7-0. 8. Mr. Messer stated that this item was for the City to consider establishing a Chapter 380 Program. This gives municipalities the ability to further economic development. It is enacted by many municipalities within the state. Chapter 380.001 of the Texas Local Government Code states: "the governing body of a municipality may establish and provide for the administration of one or more programs, including programs for making loans and grants of public money and providing personnel and services of the municipality, to promote state or local economic development and to stimulate business and commercial activity in the municipality". Article III, Section 52-a of the Texas Constitution broadly authorizes the Legislature to "provide for the creation of programs and the making of loans and grants of public money' that will develop and diversify the economy, reduce unemployment, or develop commercial activity. Tex. Const. art, III subsection 52-a. Municipal development incentives in 380 agreements at times take the form of property tax rebates, loans, grant, commitments for infrastructure, or repayment of portions of sales tax generated by the project. The process requires the City to establish a 380Program. Once a 380 Program has been created, it would need to be adopted by ordinance or resolution. He had provided Council samples of some of the Chapter 380 Programs that other cities use. Mrs. Rose added that the Council has engaged Hawes, Hills and Associates to put together a Comprehensive Economic Development Plan. One of the deliverables as part of that plan is to provide the policies and procedures that are needed for a Chapter 380 agreement. She stated that March 29, 2019 is the deliverable date from the consultant to be able to provide a large number of deliverables, one of which would be a draft "Policies and Procedures" to help further develop a Chapter 380 Program. 41 Page  Mr. Messer said that generally what the state wants to see is what commitment the company has to the local community. There usually has to be a claw back provision as to what mechanisms and consequences there are if the program is not successful. No action taken. 9. Mrs. Rose stated this was a request to ratify a grant that was submitted to the United States Department of Agriculture that was dated January 31, 2019. This is a $100,000 grant. The Mineral Wells Chamber of Commerce has been working on this as well as Wes Jurey. This will allow the City to move forward in the process known as the Biochar Project where there are attempts to take steps forward to locate a facility or facilities in the county that will convert agricultural or other organic waste into products that are sold or used. Mr. Shoemaker moved and Mr. Light seconded to approve the ratification of the grant submitted to the United States Department of Agriculture by the January 31, 2019 deadline. Motion carried 7-0. 10. Mr. Moran stated that the old Post Office downtown was currently being used as the Women's Club. This building is beginning to significantly deteriorate on the exterior. Staff recently became aware of a grant opportunity through the Texas Preservation Trust Fund that is administered by the Texas Historical Commission. Komatsu Architecture assisted staff with preparing the application to the Texas Historical Commission at no cost to the City. In discussions with the Texas Historical Commission, staff was informed that most of the available funding this year will be dedicated for Hurricane Harvey recovery. The total amount requested equals $45,000, of which is $22,500 in grant funds and $22,500 in matching funds. The matching funds could be Tax Increment Reinvestment Zone (TIRZ) Funds, General Fund monies, or donations from other sources. Were the City awarded this grant, the matching funds would not be required until the 2019/2020 fiscal budget year. This grant would be used to do an architectural study to determine what would need to be done to the building. There was discussion of using TIRZ funds and Mayor Perricone asked that contact be made to call a meeting of the Tax Increment Reinvestment Zone Board of Directors. Mrs. Watson moved and Mr. Light seconded to ratify the submission of a Grant Application to the Texas Preservation Trust Fund. Motion carried 7-0. SI Page 11. Mr. Moran stated that this Community Development Block Grant (CDBG) is for paving S.W. 10th Street and S.W. 12th Avenue. Grant Works has completed their survey of the targeted area in the Southwest area of the city, and we have the required demographics to proceed with the submission of a Community Development Block Grant to the Texas Department of Agriculture. The Community Development Block Grant funds require that not only the streets be rebuilt, but the utilities and drainage be addressed as well. This grant is $600,000 in total; $500,000 in grant funds with $100,000 in matching funds. These matching funds will be a combination of Street, Water and Drainage Funds. This would come out of the FY 2019/2020 Budget. Mrs. Underwood moved and Ms. Johnson seconded to approve a resolution authorizing the submission of a Texas Community Development Block Grant application to the Texas Department of Agriculture and authorize the City Manager to act as the Authorized Representative in matters pertaining to the participation in the Community Development Block Grant Program. Motion carried 7-0. 12. Mr. Moran stated that item was for discussion on the Main Street Program. The University of Texas at Arlington (UTA) Master of Public Administration Program previously completed a Main Street Feasibility Study and presented it to the City Council for informational purposes. The first year budget would be approximately $50,000. Council directed Staff to look into the logistics of this program to include personnel. No action taken. 14. 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 7:31 p.m. to discuss the following: (a) § 551.071 (2): To consult with attorney 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 chapter 551 of the Texas Government Code regarding: North Oak Community Center; and (b) § 551.072: Deliberate the purchase, exchange, lease, or value of real property regarding: North Oak Community Center. 15. Mayor Perricone announced that in accordance with Texas Government Code, Chapter 551, the City Council will reconvene GI P age  into Regular Session to consider action, if any, on matters discussed in Executive Session at 8:06 pm. No action taken. 16. Future agenda items/requests by Councilmembers to be on next agenda: Council directed staff to make changes to the Alcohol Zoning Ordinance and provide an update on the Historical District Program. Councilmember Light stated that he would be having a future agenda item regarding travel to attend a future TxDOT meeting. No action taken. 17 . There was no further business and the meeting adjourned at 8:08 p.m. ATTEST: ~J!M~, Mayor Pe~lf~ Clerk APPROVED: oiJ1f/J.o /9 71 Page