City Council Meetings

MINUTES REGULAR MEETING MINERAL WELLS CITY COUNCIL CITY HALL ANNEX March 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. Pastor Mark Lynch of Faith Fellowship Chapel led the invocation, and the Pledges of Allegiance to the U.S. and Texas flags were recited. CITIZEN COMMENT Several people signed to speak and Mayor Perricone recognized each one in turn. Ginny Milliken of 605 NE 39th Avenue spoke regarding an ordinance for spay and neutering. Sharon Owens of the Women's Club spoke regarding John Moran. Linda Gilley of 118 8 Pleasant Valley Road spoke regarding John Moran. Charles Thompson of 506 Travis Drive spoke regarding Marilyn Hanks. Leah Burns of 311 NW 4th Avenue spoke regarding SGR and John Moran. Rhonda Wilkinson of 1201 SE 4th Avenue spoke regarding John Moran as City Manager. Mrs. Watson moved to ask the Mayor to enforce the Rules of Decorum which prevent personal attacks. There was no second. The speaker was allowed to continue. Mr. Moran asked for Executive Session for personnel matters. No motion was made. Mr . Moran again asked for Executive Session for personnel matters. Mayor Perricone stated that he was listening to the other side. ll P age Mrs. Clifton asked Council for Executive Session for Section 551.074, personnel matters. Councilmember Johnson stated that out of respect for the employees that work for the City, she made a motion for Executive Session. The motion was seconded by Councilmember Watson. The Mayor said he would give a vote. The Mayor said it was a vote of 3-3, and told Rhonda that she could continue. The vote was 4-3 to go into Executive Session with Mayor Perricone, Mr. Shoemaker, and Mr. Light voting against. Lann Murphy of 500 Grant spoke regarding John Moran, the Mineral Wells Index, and Marilyn Hanks. Mrs. Watson moved to ask the Mayor to enforce the Rules of Decorum that prevent personal attacks. The Mayor asked Council if they believed this was a personal attack to which Mr. Shoemaker said he did believe it was a personal attack on David May. He asked if Council wanted to make a Point of Order to take a vote to which none did. The speaker was allowed to continue. Ms. Johnson called Point of Order which the Mayor chose not to enforce. Ms. Johnson made a motion and Mrs. Watson seconded to appeal the Mayor's decision. The Mayor said it was a vote of 4- 2. The vote was 5-2 with Mayor Perricone and Mr. Shoemaker voting against. Robert Avants of 201 NE 27th Street spoke regarding dogs at the cemetery, John Moran, Mrs. Hanks, and the City Manager applicants. Mr. Shoemaker moved and Mrs. Underwood seconded to move Item's #2 and #3 to Individual Consideration. Motion carried 7-0. Following a motion made by Mrs. Johnson, seconded by Mr. Shoemaker, the following CONSENT AGENDA was approved by a vote of 7-0: 1. Consider approval of minutes of meetings held February 19, 2019 and February 21, 2019. 4. Consider and take action on Pay Application No. 6 to B&L Construction Co. in the amount of $88,751.15 for the 16-inch Water Line Installation Project (Phase I) on US Hwy. 180 West. ITEMS FOR INDIVIDUAL CONSIDERATION 2. Mayor Perricone questioned Over $500 items regarding the amount budgeted for trash bags and the item for the Chamber of Commerce Banquet. The i tern for the Chamber should have been under ratified items. Mrs. Johnson moved and Mr. Tomlin seconded to approve the Over $500. Motion carried 7-0. 21 Page 3. Mayor Perricone said he didn't have a problem with this item, he would like to have it in hard copy. Mrs. Watson moved and Mr. Light seconded to approve the Financial Report for the month ended November 2018. Motion carried 7-0. 5. Mayor Perricone opened a Public Hearing at 6:43 to consider a rezone of property located at the corner of SE 14th Avenue and SE 16th Street, Mineral Wells, Palo Pinto County, Texas, a 2.92 Acre lot, being Tract 3, Abstract AB1139TR3H, Barnett Survey, and a 1.39 Acre lot, being Tract 33, Abstract AB705, T&PRY Co #25 Survey; from (CF) Community Facilities zoning district to (MF) Multifamily zoning district. Mrs. Rose stated that at its meeting on February 4, 2019, the Planning and Zoning Commission voted to approve the rezone. This would be approximately 82 Market rate units. Andy Hansen of Trafalgar Hornes presented pictures of similar homes that had been built. He presented Council a letter he received from the Superintendent of the Mineral Wells School District stating that the quality of education is effected by not having adequate Market rate housing. It is approximately a $7.5 million dollar investment in Mineral Wells. Mayor Perricone closed the Public Hearing at 6:49. Ms. Johnson moved and Mrs. Underwood seconded to approve a rezone of property located at the corner of SE 14th Avenue and SE 16th Street, Mineral Wells, Palo Pinto County, Texas, a 2.92 Acre lot, being Tract 3, Abstract AB1139TR3H, Barnett Survey, and a 1.39 Acre lot, being Tract 33, Abstract AB705, T&PRY Co #25 Survey; from (CF) Community Facilities zoning district to (MF) Multifamily zoning district. Motion carried 7-0. 6. Wes Jurey stated that there are no training or testing facilities in Mineral Wells for unmanned aircraft. Mineral Wells is just across the line from the Metroplex that would allow this to occur. Companies like Bell are looking for a place to test. He said the County has stated that the Dempsey Heliport should also be looked at for this. Many offices of the State are interested in this project. The proposed structure would have the City owning it. The City must by the equipment to be used. If the City chose UASWERX to operate this, then UASWERX would be paying the City rent. Mrs. Underwood moved and Mr. Light seconded to approve authorization for the Interim City Manager and Airport Manager to negotiate a contract between the Mineral Wells Regional Airport and UASWERX for the establishment of a UAS Training & Testing Center at the Airport; the final contract subject to Council approval. Motion carried 7-0. 3I Page 7. Mr. Moran stated that a $2. 50 Storm Water Drainage Fee was authorized in 2016. This fee was applied uniformly across residential and commercial customers without any regard to the amount of storm water runoff that they could be generating. The purpose of this fee was to build up enough of a fund balance to conduct a formal Drainage and Fee Study. There is approximately $220,000 to conduct these studies. There was $120,000 put in the budget for this study. This study will be in two parts. The first part will be a Comprehensive Engineering Study of the drainage issues of the city as well as the storm water runoff generated by impervious cover associated with commercial establishments and others within the city. The second part of the study will compile data generated by the Engineering Study and formulate a fair and equitable rate structure. Laura Casset of Lockwood, Andrews, and Newman stated that we have submitted applications for funding twice. The City experienced significant flooding issues with the 2016 flood, which brought concerns for flood preparation. Mr. Moran stated that we do not anticipate raising the current Storm Water Utility residential rates. Mr. Pool stated that if we don't have a fund, we will not be eligible for things like FEMA grants . Mr. Moran stated that the more work we do with this helps to lower peoples flood insurance. Mrs. Underwood moved and Ms. Johnson seconded to authorize a Drainage Utility Engineering and Rate Study with Lockwood, Andrews and Newman. Motion carried 7-0. 8. Mr. Moran stated that during a title search, the property at 415 SE 5th Street showed that the residential structure was encroaching into the City's right-of-way on S. E . 5th Street. Further review showed that there were a number of structures on the same street that encroached into the City's right-of-way, and may need to be addressed at some point in the future. In discussions with the City Attorney's office, it was determined that the best course of action for all concerned was to enter into an Encroachment Agreement. An Encroachment Agreement allows the residential structure to be inside the City's right-of-way, but allows the City access to any utilities that may be present. This agreement provides for long term access to the owner of the residential structure. This requires a small fee and insurance on the owner's part. Mr. Light moved and Ms. Johnson seconded to approve a Right-of-Way Encroachment 41 Page  Agreement for residential property located at 415 S. E. 5th Street and authorize the City Manager to execute all associated documents. Motion carried 6-0-1 with Mayor Perricone abstaining. 9. Mr. Moran stated that he did not know the last time the City sought a Request for Proposal for airport fuel. The successful bidder will be responsible for rehabilitating the fuel tanks, thus saving the City $20,000 to $30,000. The RFP will be due from the respondents on April 9, 2019, and staff anticipates bringing a recommendation to the City Council at its April 16, 2019 meeting. Mr. Shoemaker moved and Mrs. Watson seconded to authorize a Request for Proposals solicitation for aircraft fuel services. Motion carried 7-0. 10 . Mr. Moran stated that we needed a facilities evaluation to determine maintenance needs and ADA access. During the last budget cycle $22,500 was budgeted across the General Fund, Water Fund, and the Airport Fund to have a professional architectural firm (or equivalent) evaluate our main City facilities for both short and long term maintenance needs. Staff has identified twenty-two buildings that are in need of evaluation. Once we receive bids for this project, that number may have to be modified to fit within the budgeted funds. The Request for Proposals will be due from the respondents on April 9, 2019, and staff anticipates bringing a recommendation to the City Council at the May 7, 2019 meeting. Mrs. Watson moved and Mr. Light seconded to authorize a Request for Proposals solicitation for Facilities Evaluation Services. Motion carried 7-0. 11. Mr. Moran stated that in the current budget cycle funds were approved to purchase a Fire Department Command Vehicle ($50,000), Information Technology Support Van ($30,000), Street Department Water Tank Truck ($120,000), and a Parks and Recreation Tractor Mowing Deck ($20,000). The Parks and Recreation Department had originally budgeted $30, 000 for a tractor and $15,000 for a mower. Due to the cost of unforeseen facility repairs needed in the Parks and Recreation Department and the price increase in the mowing equipment, staff determined it was prudent to postpone the purchase of the tractor until next budget year. A Master Lease Purchase Funding Agreement Request for Proposals will be due from the respondents on April 2, 2019, and staff anticipates bringing a recommendation to the City Council at the April 19, 2019 meeting. Mr. Light moved and Mr. Tomlin seconded to authorize a Request for Proposals SI Pa ge  solicitation for a Master Lease Purchase Funding Agreement. Motion carried 7-0. 12. Mayor Perricone asked why Marilyn Hanks has not been allowed to move back into her home. Mr. Shoemaker asked for an update on what has been done since the meeting when Council gave her 120 days to come into compliance. Building Official Tony Stubblefield stated that another inspection was done February 21st and the house failed the inspection. Mayor Perricone questioned the form stating "Temporary Certificate of Occupancy" to which Mr. Stubblefield replied there was not a separate form. The form was pre-made and the Inspections Department does not have a separate form for instances such as this. After much discussion Mr. Shoemaker moved and Mrs. Watson seconded to table this item to a further date. Mayor Perricone stated that he had not asked for a second motion. Mr. Shoemaker again moved to table the item until a further time to which Mr. Light seconded Mayor Perricone stated that he still did not ask for a second. Mr. Shoemaker moved and Mr. Light seconded to table the item until a further date. Mayor Perricone said he would like to entertain a second Mr. Shoemaker's motion and asked until when. Mr. Shoemaker moved to table it until after the 120 days and Mr. Light seconded. Motion carried 6-1 with Mayor Perricone voting against. 13. Mrs. Clifton stated that the City was required to annually designate a public newspaper as the official newspaper for official publications. The official newspaper designation is required, but not the supporting newspaper. The supporting newspaper has been added in the event that deadlines need to be met. She asked that Council designate the Mineral Wells Index as the Official Newspaper for the City of Mineral Wells, and the Fort Worth Star Telegram as the Official Support Newspaper of the City Of Mineral Wells. Mrs. Watson moved to approve a resolution of the City Council of the City of Mineral Wells, Texas, designating the Mineral Wells Index as the Official Newspap~r for the City of Mineral Wells, Texas and the Fort Worth Star Telegram as the Official Support Newspaper of the City of Mineral Wells, Texas; and providing for an effective date. Mayor Perricone did not ask for a second and questioned the Texas Government Code requiring this. Mrs. Clifton stated that she spoke with Legal Counsel to make sure this was a requirement. Mr. Shoemaker moved to table the item until Legal Counsel looked into the requirement. After discussion, Mr. Shoemaker retracted his motion. Mrs. Watson moved and Mrs. Underwood seconded to approve a resolution of the City Council of the City of Mineral Wells, Texas, designating the Mineral GI Page  Wells Index as the Official Newspaper for the City of Mineral Wells, Texas and the Fort Worth Star Telegram as the Official Support Newspaper of the City of Mineral Wells, Texas; and providing for an effective date. Motion carried 5-1-1 with Mayor Perricone voting against and Mr. Shoemaker abstaining. 14. There were no future agenda items discussed. No action taken. l5. There was no further business and the meeting adjourned. ATTEST: P&~tG!e:erk APPROVED: 71 Page