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City Council Meetings

Regular Meeting

Mineral Wells, TX · March 19, 2019

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Minutes

MINUTES REGULAR MEETING MINERAL WELLS CITY COUNCIL CITY HALL ANNEX March 19, 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 Jake Grogan of Indian Creek Baptist Church led the invocation, and the Pledges of Allegiance to the U.S. and Texas flags were recited. PRESENTATION Mayor Perricone recognized Virgil Youngblood for his service on the Board of Adjustment since November 20, 19984. Mr. Youngblood was not in attendance to accept the award. CITIZEN COMMENT No one had signed to speak. Following a motion made by Mr. Shoemaker, seconded by Mr. Light, the following CONSENT AGENDA was approved by a vote of 7-0: 1. Consider approval of minutes of meetings held March 8, 2019 and March 9, 2019. 2. Consider approval of budgeted expenditures over $500. 3. Consider approval of Bond Report for the month ended February 2019. Mr. Shoemaker moved and Mrs. Watson seconded to move Item #4 to Individual Consideration. Motion carried 7-0. ll Page 4. Mayor Perricone questioned how much we were paying per foot for the water line. Sanford LaHue of Schrickel, Rollins and Associates said that would be determined on what they had to do to each area. Mrs. Watson moved and Mrs. Underwood seconded to approve a pay request from Schrickel, Rollins and Associates, Inc. in the amount of $48, 500 for Professional Engineering Services on Phase II and III of US Hwy. 180 West Waterline Project and the 2018 Street and Utilities Improvement Projects. Motion carried 7-0. ITEMS FOR INDIVIDUAL CONSIDERATION 5. Mrs. Rose stated that Tru-Test sold their company to Datamars Inc. and the City needed to approve a lease assignment. Mayor Perricone questioned the registration from the State of Texas and a Certificate of Good Standing. Troy Bussmann of Datamars said he was not an officer of Datamars and was not at liberty to discuss that. After much discussion, Mrs. Watson moved and Ms. Johnson seconded to approve the assignment of a lease between Tru-Test, Inc. and Datamars, Inc. for property located at 524 Taylor Street, Mineral Wells, Texas. Motion carried 6- 0-1 with Mayor Perricone abstaining. 6. Mrs. Rose stated that this was also for Tru-Test assignment of lease at 528 Grant. The agenda had 508 Grant but the Council packet had 52 8 Grant Road. Ms. Johnson moved and Mr. Light seconded to approve the assignment of a lease between Tru-Test, Inc. and Datamars, Inc. for property located at 528 Grant Road, Mineral Wells, Texas. Motion carried 6-0-1 with Mayor Perricone abstaining. 7. Mr. Neal stated that this was part of the 2018 Bond Program, as Proposition A, and identified under the group of In-House City Crew Reconstruction Projects, the City of Mineral Wells Public Works Street crews will perform the removal of the existing asphalt surface and subgrade stabilization in the Holiday East Addition. They are currently in the process of performing miscellaneous concrete repairs. During the planning and scheduling of this work it was suggested that it would be beneficial to have the new asphalt surface installed by an asphalt contractor. During the same time frame, the City received a very favorable bid on the MH 379 Paving Project, which was significantly under the estimated amount allocated in the 2018 Bond Package. He recommended that the funds that were saved on the MH 379 Paving Project be allocated to fund the contactor installed asphalt surface on the Holiday 21 Page East Project once the City crews have completed the preparation work. Advertisement for this project will be published on March 23, 2019 and March 30, 2019, with bid proposals to be received and opened on April 17, 2019. The recommendation for the award of bid will be presented at the City Council meeting on May 7, 2019. Ms. Johnson moved and Mr. Light seconded to approve the plans and specifications and authorization to advertise and receive bid proposals for the Holiday East Paving Project. Motion carried 7-0. 8. Mr. Moran stated this i tern was for the first part of this project to determine our preliminary eligibility. The National Register of Historic Places is the official list of the Nation's historic places worthy of preservation. Authorized by the National Historic Preservation Act of 1966, the National Park Service's National Register of Historic Places is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources. Listing in the National Register is the first step toward eligibility for National Park Service administered credits that have leveraged more than $45 billion in private investment and National Park Service grant programs like Save America's Treasures and Preserve America. Upon receiving notice to proceed, HHM will complete the project within 30 calendar days and submit to the Texas Historical Commission (THC) . The Texas Historical Commission will then evaluate the documentation and provide a determination on whether or not they think the City will be a strong contender for listing on the National Historic Register. This preliminary submission will cost $1,100 to complete and submit to the Texas Historical Commission. Mr. Shoemaker moved and Mrs. Underwood seconded to approve an agreement with HHM & Associates, Inc. and authorize the Interim City Manager to execute the agreement. Motion carried 7-0. 9. Mayor Perricone asked Mrs. Clifton to speak in regards to this item. She stated that in order to add term limits to the Charter, the Charter would have to be amended and would require an election. Each Councilmember gave their thoughts on term limits. No action taken. 10. Mrs. Clifton stated that she met with Mayor's Committee on Boards and Commissions, being Councilmembers Tammy Underwood and Jerrel Tomlin, on Monday, March 4, 2019 to review the 3I Page various expirations along with applications from citizens interested in serving the City on a volunteer Board. The Committee respectfully submits the following recommendations: Airport Advisory Board: The Committee recommends the reappointment of sitting members Mike McConnell, Angelo Spelios, and Philip Budenbender to new terms expiring 03/31/2021. Board 0£ Adjustment/Bui1ding and Standards Commission: The Committee recommends the reappointment of sitting members Paul Schmidtke, Barry Campbell, and Larry Kauffman to new terms expiring 03/31/2021. With Virgil Youngblood's resignation, the Committee recommends moving the longest serving alternate, Larry Kauffmann, to a regular position on this Board. The Committee further recommends the appointment of Thomas Zinn Brown to serve as an alternate to a new term to expire 03/31/2021. Boyce Ditto Pub1ic Library Advisory Board: The Committee recommends the reappointment of sitting members Darleen Garrett, Nelda J. Glover, Lori Schmidtke, and Jeri Calcote to new three-year terms to expire 03/31/2022. The Committee recommends the new appointments of Rachel Lively and Kellci Baker to fill unexpired terms which will expire 03/31/2020. Fire Code Board 0£ Appea1s: The Committee recommends the reappointment of sitting member Oscar Choate to a new term which will expire 03/31/2021. The Committee recommends the new appointment of Arnie Kreidler to a term that will expire 03/31/2021. Parks & Recreation Advisory Board: The Committee recommends the reappointment of sitting mem1?ers Kim Houston, James Hailey, Mandy Edwards, and .Kathy Boswell to new terms to expire 03/31/2021. The Committee recommends the new appointment Lauretta Poole to a term to expire 03/31/2021. P1anning and Zoning Commission: The Committee recommends the reappointment of sitting members Charles Ramsay, Gene Ender, and Carlos Maldonado to new terms which will expire 03/31/2021. Wood1and Park Cemetery Board 0£ Trustees: The Committee recommends the reappointment of sitting members John Huffman, Wanda O'Bannon, and Marguriete Crum to new terms which will expire 03/31/2021. 41 Page Industria1 Deve1opment Corporation: The Committee recommends the new appointments of Carolyn Shipp, Marty Logan, and Dan Roberts to fill unexpired terms to expire 07/15/2020. Minera1 We11s Housing Authority: The Committee recommends the new appointments of Vicki Novak to fill an unexpired term which will expire 01/31/2021. Mr. Shoemaker moved and Mrs. Watson seconded to accept the recommendations of Mayor's Committee on Boards and Commissions. Motion carried 6-0-1 with Mayor Perricone abstaining. 11. Mrs. Clifton stated that the Mayor's Committee on Boards and Commissions recommends the reappointment of Keri Walden as the Municipal Court Judge and Dr. Tom Tarkenton as the City's Health Authority. These two positions are appointed by resolution. New terms will expire 03/31/2021. Mr. Light moved and Mr. Shoemaker seconded to approve resolutions authorizing reappointment of Keri Walden as Municipal Court Judge and Dr. Tom Tarkenton as City Health Authority. Motion carried 7-0. 12. Mrs. Rose stated this was a request utilizing $22,500 from the Tax Increment Reinvestment Zone #2 Fund as a possible grant match for the Texas Historical Commission Preservation Grant. This was approved during the March 14, 2019 Tax Increment Reinvestment Zone #2 Board of Directors meeting subject to the City's Legal Counsel and City Council approval. Legal Counsel advised that we needed to amend the Project Plan by making a motion to authorize City staff to prepare an amended Tax Increment Reinvestment Zone #2 Project Plan with accompanied ordinance approving the same. Once the plan is put together it would go back to the Tax Increment Reinvestment Zone #2 Board then come back to Council. Mr. Shoemaker moved and Mrs. Underwood seconded to authorize City Staff to prepare an amended Increment Reinvestment Zone #2 Project Plan with accompanying ordinance approving the same. Motion carried 7-0. 13. Mayor Perricone asked that the Item #12 be brought back to the next agenda, assuming that it was complete. No action taken. 14. EXECUTIVE SESSION: Mayor Perricone stated that in accordance with Texas Government Code, Section 551.001, et seq., the City Council will recess into Executive Session (closed meeting) at 7:06 p.m. to discuss the following: a) §551.071 (1) (2): To consult with attorney on a matter in which the duty of the attorney to the governmental body under the SI P age Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code regarding: City Manager hiring process and City Manager contract. b) §551.074: Deliberation regarding the appointment and duties of a public officer or employee: City Manager. 15. RECONVENE INTO OPEN SESSION: Mayor Perricone announced that in accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Regular Session to consider action, if any, on matters discussed in Executive Session at 7:58 p.m. Mr. Light moved and Ms. Johnson seconded to appoint Randy Criswell as the new City Manager of the City of Mineral Wells effective May 6, 2019, authorize the execution of his contract, and authorize the Interim City Manager to execute the same. Motion carried 7-0. 16. There was no further business and the meeting adjourned at 8:00 p.m. ATTEST: Pegg APPROVED: GI P age

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 19, 2019 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 Jake Grogan oflndian Creek Baptist Church Pledges of Allegiance to U.S. and Texas Flags CITIZEN COMMENT Citizens must provide i11formatio11 required 011 Speaker Card. The Speaker Card must be given to the City Clerk before the meeting starts. The Council requests that co111111e11ts be limited to three (3) minutes. The Texas Open Meetings Act provides thefollowi11g: (a) If, at a meeting of a governmental body, a member of the public or of the govemme11tal body inquiries about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do 11ot apply to: (I) a statement of specific factual i11for111atio11 given in response to the inquiry; or (2) a recitation of existing policy in response to the inquiry. (b) Any deliberatio11 of or decision about the subject of the inquiry shall be limited to a proposal to place the subject 011 the agenda for a subsequent meeting. PRESENTATION Presentation to Virgil Youngblood regarding Board of Adjustment. CONSENT AGENDA ( ~) 1. Consider approval of minutes of meetings held March 8, 2019 and March 9, 2019. ( 8) 2. Consider approval of budgeted expenditures over $500. (9 ) 3. Consider approval of Bond Report for the month ended February 2019. ( 16 ) 4. Consider approval of pay request from Schrickel, Rollins and Associates, Inc. in the amount of $48,500 for Professional Engineering Services on Phase II and III of US Hwy. 180 West Waterline Project and the 2018 Street and Utilities Improvement Projects. ITEMS FOR INDIVIDUAL CONSIDERATION ( 20) 5. Consider Assignment of Lease from Tru-Test, Inc. to Datamars, Inc. for 524 Taylor Street, Mineral Wells, and authorize the Mayor to execute the consent agreement. Mineral Wells City Council Agenda 03/19//2019 Page I of3 ( 40) 6. Consider Assignment of Lease from Tm-Test, Inc. to Datamars, Inc. for 508 Grant Road, Mineral Wells, and authorize the Mayor to execute the consent agreement. ( 65 ) 7. Consider and take action to approve plans and specifications and the authorization to advertise and receive bid proposals for the Holiday East Paving Project. ( 66) 8. Consider and take action contracting with HHM & Associates, Inc. regarding the City's participation in the National Register of Historic Places Program and authorize the Interim City Manager to execute associated documents. ( 70) 9. Discuss and consider term limits/retroactive for Mayor and Council. ( 71) 10. Consider and take action to approve appointments/reappointments to various City Boards and Commissions. (83 ) 11. Consider and take action approving resolutions authorizing reappointment of Municipal Court Judge and City Health Authority. ( 86) 12. Consider and take action approving the use of $22,500 from the Tax Increment Reinvestment Zone #2 Fund as a possible grant match for the Texas Historical Commission Preservation Grant. 13. Future agenda items/requests by Councilmembers to be on next agenda-Councilmembers shall not comment upon, deliberate, or discuss any item that is not on the agenda. Councilmembers shall not make routine inquiries about operations or project status on an item that is not posted. Any Councilmember may, however, state an issue and a request that this issue be placed on a future agenda. 14. EXECUTIVE SESSION-In accordance with Texas Government Code, Section 551.001, et seq., the City Council will recess into Executive Session (closed meeting) to discuss the following: a) §551.071 (1) (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: City Manager hiring process and City Manager contract. b) §551.074: Deliberation regarding the appointment and duties of a public officer or employee: City Manager. 15. RECONVENE INTO OPEN SESSION-In accordance with Texas Government Code, Chapter 551, the City Council will reconvene into Regular Session to consider action, if any, on matters discussed in Executive Session. 16. Adjourn. Mineral Wells City Council Agenda 03/19//2019 Page 2 of3 Notes: Disabled persons requiring special assistance are requested to notifY the City of Mineral Wells 24 hours 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 this meeting to discuss matters listed 011 the agenda, as authorized by the Texas Open Meetings Act, Texas Government Code Chapter 551, including §551.071, (private consultation with 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 on such matters will be take11 or conducted i11 Open Session following the conclusio11 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 by 6:00 o'clock pm on the 151h day ofMarch, 2019. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15 1h day of March, 2019. Mineral Wells City Council Agenda 03/19//2019 Page 3 of3

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