City Council Meetings
Regular MeetingMineral Wells, TX · March 7, 2017
Minutes
514
MINUTES
REGULAR MEETING
MINERAL WELLS CITY COUNCIL
CITY HALL ANNEX
March 7, 2017 - 6:00 pm
City Councilmembers present were Mayor Mike Allen,
Councilmembers Clif Wright, Brian Reagan, Jerrel Tomlin, Tammy
Underwood, and Wayne Johnson. Mayor Pro Tern John Upham was
absent. A quorum of City Councilmembers was present
Staff members present were City Manager Lance Howerton, Police
Chief Dean Sullivan, Finance Director John Moran, Public Works
Director Kelly Jones, Fire Chief Mike Pool, City Clerk Juanita
Formby, and City Attorney Courtney Kuykendall.
Mayor Allen called the meeting to order, Pastor Nathan Buchanan
of the First Baptist Church of Mineral Wells gave the
invocation, and the Pledges of Allegiance to the U.S. and Texas
were recited.
CITIZEN COMMENT
1. Mayor Allen recognized Ms. Peggy Clifton, Administrative
Clerk in the City Clerk's office. Peggy recently graduated
from the Texas Municipal Clerk's Certification Program and
is now a Texas Registered Municipal Clerk. Mayor Allen
presented her graduation certificate and Peggy was given a
standing ovation.
2. Mr. Kris Miller was on the agenda to discuss with the City
Council clearance liens that were placed on property in the
City that he wished to purchase via tax sale. Mr. · Miller
arrived late to the meeting, and this item was not actually
discussed until after the last item on the agenda. Mr. ·
Miller lives in Southlake, Texas. He said he had bid on
tax foreclosed property described as Lots 1 and 2 and part
of 3, Rogers Addition, aka Abstract 1683, in Mineral Wells,
and located at 1208/1210 West Hubbard. Two clearance liens
were placed on the property in 2000; one for the removal of
a condemned house in the amount of $3,250, and the other
for mowing in the amount of $1,200. Mr. Miller was asking
the City Council to waive or forgive some or all of the
liens. In response to questions from the City Council, he
said he had no thoughts for immediate use of the property.
There was a lengthy deliberation among the City
Councilmembers. Councilman Wright said he was willing to
Mineral Wells City Council Minutes 02/21/2017 Page 1of4
515
waive the $1,200 for mowing, but was not willing to forgive
the $3,250 for demolition. Others on the Council tended to
agree with this. Councilman Reagan, however, argued that
it was a 17-year old debt. The City has done without the
money for · all this time, and he felt it would be reasonable
to forgive half of the total amount - $2,225, arguing that
if the City recouped half of the money it was better than
none at all, which has been the case for 17 years. Mr.
Miller would begin paying taxes on the property and it
would again become viable. Mayor Allen and Councilman
Tomlin were hesitant to set a precedent for forgiving
clearance liens. Councilman Johnson was not inclined to
waive the liens. Mr. Wright said that this will not be the
last time the Council is approached with this type of
request, and suggested that the Council should meet in a
workshop situation to discuss how this could best be
handled. After a lengthy discussion, Mr. Reagan moved and
Mr. Wright seconded to waive the $1,200 mowing lien, but
the $3,250 demolition lien would stand. This motion carried
5-1, with Councilman Johnson voting nay. When asked, Mr.
Miller said that he would consider if he would still
purchase the property with the larger lien still attached.
Mr. Reagan moved and Mrs. Underwood seconded to approve the
following CONSENT AGENDA, and the motion carried 6-0:
3. Consider minutes of previous meetings held February 21,
2017.
4. Consider approval of budgeted expenditures over $500.
5. Consider Corrosion Eliminator's Application for Payment in
the amount of $44,950.27
6. Consider Crawford Roofing's Application for Payment in the
amount of $40,464.30.
7. Consider approval of a resolution authorizing execution of
Amendment No. 01 to Contract between the City of Mineral
Wells and the Texas Department of State Health Services for
access to state data-base for the purpose of issuing
individual birth records.
ITEMS FOR INDIVIDUAL CONSIDERATION
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516
8. Mr. Howerton said that on February 7, 2017, the City
Council had authorized staff to advertise for the
demolition of structures which had gone through the
condemnation process of the City's Building and Standards
Commission. Five bids were received and opened on February
28, 2017, and staff now recommends the bid be awarded to
the low bidder, Matrix Demolition, in the amount of
$34,275.00 One house was removed from the original list
because it did not have a clear title. Mr. Howerton said
that Matrix Demolition has worked for the City before, and
is a responsible company. The locations of the houses on
this demolition list are as follows: 214 S.E. 1 5 t Avenue,
1415 S.W. 4th Avenue, 2700 S.W. 9th Avenue, 1019 S.W. ist
Street, 1214 N.W. 1st Avenue, 110 N.W. 7th Street, 514 N. W.
lOth Street, and 311 N.E. 7th Avenue. Following a brief
discussion, Mr. Wright moved and Mrs. Underwood seconded to
award the bid for the demolitions to Matrix Demolition in
the amount of $34,275.00, and the motion carried 6-0.
9. Mr. Moran said that a hail storm in May of 2013, which
damaged numerous City facilities, also caused water damage
to the wood floor at the City gym. The City's property
damage insurance carrier, Texas Municipal League
Intergovernmental Risk Pool, has said that the repairs
would be covered 100% by insurance proceeds; however, there
must be a competitive bidding process. Mr. Moran asked the
Council to authorize staff to advertise and receive bids
until April 11, 2017. A possible award will be made at the
City Council meeting to be held on April 18, 2017.
Following the discussion, Mr. Reagan moved and Mr. Wright
seconded to authorize staff to advertise and receive bids
for the repair of the gymnasium floor. Motion carried 6-0.
10. Mr. Moran reminded the City Council that at their
previous meeting, they had appointed Mr. Mike Smiddy as the
Associate Municipal Court Judge. He presented an ordinance
to formalize that action. Mr. Reagan moved and Mrs.
Underwood seconded to pass and approve an ordinance of the
City of Mineral Wells, Texas appointing an Associate
Municipal Court Judge for the Mineral Wells Municipal Court
and setting the length of term of appointment; authorizing
and ratifying other actions; providing a cumulative clause
and severability clause; providing for an effective date.
Motion carried 6-0.
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517
11. Chief Sullivan said that Cricket Wireless hopes to
host a block party to honor small businesses in the
community, and is asking that a portion of S.E. lOth Avenue
be temporarily closed to accommodate the vendors and
attendees. The Police Department has conducted a site
survey and has no objection to this event. Public Works
has allotted sufficient traffic cones and barricades to
ensure the safety of the event. Mr. Reagan moved to pass
and approve an ordinance providing for the temporary
closure of certain streets within the City of Mineral Wells
to facilitate a block party sponsored by Cricket Wireless
to be held on Saturday, March 25, 2017. Mr. Johnson
seconded, and the motion carried 6-0.
1. There was no further business, and the meeting was
adjourned at 6:45 pm.
Mike~
ATTEST:
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Agenda
City of Mineral Wells
P 0 Box 460, Mineral Wells, Texas 76068
Telephone: 940.328.7700 Fax: 940.328.7704
NOTICE OF MEETING
The Mineral Wells City Council will hold a regular meeting at 6:00 p.m. on Tuesday, March 7, 2017 in
the City Council Chambers at the City Hall Annex, 115 S.W. 151 Street, Mineral Wells, Texas to
consider the following agenda:
Call to Order
Invocation - Pastor Nathan Buchanan of First Baptist Church of Mineral Wells
Pledges of Allegiance to the U.S. and Texas flags
CITIZEN COMMENT
Citizens must provide i11formatio11 required 011 Speaker Card. Tlte Speaker Card must be given to the City Clerk
before tlte meeting starts. Tlte Council requests tltat comments be limited to tltree (3) minutes. Tlte Texas Open
Meetings Act provides tltefollowi11g:
(a) If, at a meeting of a governmental body, a member of tlte public or of tlte governmental body inquires
about a subject for wlticlt notice ltas not been given as required by this subclwpter, tlte notice provisions
of tit is subclwpter do not apply to:
(1) a statement of specific factual i11formatio11 given in response to tlte inquiry; or
(2) a recitation of existing policy in response to tlte inquiry.
(b) Any deliberation of or decision about tlte subject of tlte inquiry sit all be limited to a proposal to place tlte
subject 011 tlte agenda for a subsequent meeting.
(l ) 1. Consider recognizing Peggy Clifton, Administrative Clerk, for graduation in the Texas
Municipal Clerk's Ce1tification Program.
( 2) 2. Consider request from Mr. Kris Miller to request waiver of clearance liens on property located at
1208 West Hubbard.
CONSENT AGENDA
( 7) 3. Consider minutes of previous meeting held February 21, 2017.
( 11) 4. Consider approval of budgeted expenditures over $500.
( 12 ) 5. Consider Corrosion Eliminator's Application for Payment in the amount of $44,950.27
( 14) 6. Consider Crawford Roofing's Application for Payment in the amount of$40,464.30.
Mineral Wells City Council Agenda 03/07/2017 Page I of2
( 16) 7. Consider approval of a resolution authorizing execution of Amendment No. 01 to Contract
between the City of Mineral Wells and the Texas Depaitment of State Health Services for access
to state data-base for the purpose of issuing individual birth records.
ITEMS FOR INDIVIDUAL CONSIDERATION
( 2 7 ) 8. Consider award of bid for demolition of condemned structures.
( 34) 9. Consider authorization to adve1tise for the repair and replacement of damaged gymnasium floor.
( 3 6 ) 10. Consider ordinance appointing an Associate Municipal Court Judge for the Mineral Wells
Municipal Court.
( 3 9 ) 11. Consider an ordinance providing for temporary street closure to facilitate a small business block
paity sponsored by Cricket Wireless to be held on Saturday, Mai-ch 25, 2017.
12. Adjourn
Notes: Disabled persons requiring special assistance are requested to notify the City of Mineral Wells 24 !tours
in advance of the meeting by calling the City Clerk's office at 940.328. 7702.
The City Council reserves the right to meet in Executive Session closed to the public at any time in the course
of tltis meeting to discuss matters listed on tlte agenda, as authorized by the Texas Open Meetings Act, Texas
Government Code Cltapter 551, including §551.071, (private consultation witlt the attorney for the City);
§551.072 (purchase, exchange, lease or value of real property); §551.074 (personnel or to hear complaints
against personnel); §551.076 (deployment, or specific occasions for implementation of security personnel or
devices); and §551.087 (economic development negotiations). Any decision held 011 suclt matters will be taken
or conducted in Open Session following tlte conclusion of the Executive Session.
State of Texas §
City of Mineral Wells §
I hereby certify that notice of this meeting of the Mineral Wells City Council was posted at Mineral Wells City Hall by 5:00 o' clock pm on
this 3rd day of March, 2017.
Mineral Wells City Council Agenda 0310712017 Page 2 of2
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