City Council Meetings
Regular MeetingMineral Wells, TX · April 16, 2019
Minutes
MINUTES
REGULAR MEETING
MINERAL WELLS CITY COUNCIL
CITY HALL ANNEX
April 16, 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's Andy Messer and Will Trevino.
Mayor Perricone called the meeting to order. ·
Councilmember/Reverend Jerrel Tomlin led the invocation, and the
Pledges of Allegiance to the U.S. and Texas flags were recited.
CITIZEN COMMENT
Three people had signed to speak and Mayor Perricone recognized
each in turn. Jeff Longspaugh of 7617 Skylake Drive, Fort Worth
just wanted to introduce himself. Gary McConnell of 1717 S. Keller
Road had signed to speak but was not present when called. Robert
Avants of 201 NE 27th Street spoke regarding the youth of Mineral
Wells.
Following a motion made by Ms. Johnson, seconded by Mr. Light, the
following CONSENT AGENDA was approved by a vote of 6-0-1 with Mayor
Perricone abstaining:
1. Consider approval of minutes of meetings held April 2, 2019.
2. Consider approval of budgeted expenditures over $500.
3. Consider approval of Financial Report for the month ended
January 2019.
4. Consider approval of Bond Report for the month ended March 2019.
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5. Consider approval of Change Order No. 2 and Pay Application No.
7 to B&L Construction Co. in the amount of $114,985.26 for the
16-inch Water Line Installation Project (Phase I) on US Hwy.
180 West.
ITEMS FOR INDIVIDUAL CONSIDERATION
6. Mayor Perricone opened a Public Hearing at 6:09 to consider and
take any necessary action regarding a re-plat of 315 Pasadena
Blvd, being 0.551 acres, Lots 11-13, Block 1, of the Pasadena
Heights Addition, Mineral Wells, Palo Pinto County, Texas to
Lots 11R and 13R, Block 1, of the Pasadena Heights Addition,
Mineral Wells, Palo Pinto County, Texas. Mrs. Rose stated that
at its meeting on April 1, the Planning and Zoning Commission
approved the re-plat for the applicant to be able to place a
manufactured home on the land. Mayor Perricone closed the Public
Hearing at 6:11. Mr. Shoemaker moved and Mrs. Underwood seconded
to approve a re-plat of 315 Pasadena Blvd, being 0.551 acres,
Lots 11-13, Block 1, of the Pasadena Heights Addition, Mineral
Wells, Palo Pinto County, Texas to Lots 11R and 13R, Block 1,
of the Pasadena Heights Addition, Mineral Wells, Palo Pinto
County, Texas. Motion carried 6-0-1 with Mayor Perricone
abstaining.
7. Mrs. Rose stated that the P·lanning and Zoning Commission did
recommend the re-plat of 3705 Hwy 180 East, being a 0.861 acres,
Abstract 701, Tract 10, Texas and Pacific Railway Company Survey
#13, to Lot 1, Block A, Panda Express Addition, Mineral Wells,
Palo Pinto County, Texas. This is a final plat and was listed
as a re-plat. It will go back to the Planning and Zoning
Commission to be approved as a final plat and then be brought
back to Council. No action taken.
8. Mayor Perricone opened a Public Hearing at 6:12 to consider and
take any necessary action regarding a re-plat of a property
located at the NE corner of SE 14th Avenue and SE 16th Street,
being 4.52 acres of Tract 3, Abstract AB1139TRH Barnett Survey
& Abstract AB705TR33 T&PRY CO #25 Survey, Mineral Wells, Palo
Pinto County, Texas to Lot 1, Block 1, of the Peaks Addition,
Mineral Wells, Palo Pinto County, Texas. Mrs. Rose stated that
at its meeting on April 1, the Planning and Zoning Commission
approved the re-plat for the applicant to build the 83 townhome
type apartments. Mayor Perricone closed the Public Hearing at
6:13. Mrs. Watson moved and Mr. Tomlin seconded to approve a
re-plat of a property located at the NE corner of SE 14th Avenue
and SE 16th Street, being 4. 52 acres of Tract 3, Abstract
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AB1139TRH Barnett Survey & Abstract AB705TR33 T&PRY CO #25
Survey, Mineral Wells, Palo Pinto County, Texas to Lot 1, Block
1, of the Peaks Addition, Mineral Wells, Palo Pinto County,
Texas. Motion carried 7-0.
9. Mrs. Rose stated that Council approved this item on March 5,
2019 but the ordinance was not attached at that time. This item
is to make the correction and approve the ordinance. Mr. Light
moved and Ms. Johnson seconded to approve an ordinance amending
the City of Mineral Wells Zoning Classification on two
properties located at the corner of SE 14th Avenue and SE 16th
Street, Mineral Wells, Palo Pinto County, Texas, a 2.92 ± acre
tract of property, 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; 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. Motion carried 7-0.
10. Mrs. Rose stated that Council had allocated $50,000 for the
South East Park Project. Kathy Boswell of the Parks and
Recreation Advisory Board stated that Sanford LaHue of
Shrickel, Rollins & Associates helped to guide the Board through
this process. She said the first step was to do the Topographic
Survey and the second step would be to do a Concept Plan.
The Topographic Survey ($2,500) would be conducted by a surveyor
who will perform the required field work to obtain all physical
items within the limits and adjacent to South East Park. The
Concept Plan ($5, 000) will be developed for the entire park
site, including a new playground and other park elements as
recommended by the Parks and Recreation Advisory Board. The end
result will be a scaled drawing and a color exhibit depicting
all of the proposed park improvements.
During the April 3, 2019 Parks and Recreation Advisory Board
meeting, the Board recommended the use of $7,500 from the South
East Park allocated funds of $50,000 for the Topographic Survey
and Concept Plan. After much discussion, Ms. Johnson moved and
Mr. Light seconded to approve the use of $7,500 from the South
East Park allocated funds of $50,000 for a Topographic Survey
and Concept Plan. Motion carried 6-1 with Mayor Perricone voting
against.
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11. Alex Rodriguez of Zenergy Zero Cost Program gave a
presentation. No action taken.
12. Mr. Moran stated that City Council previously authorized staff
to solicit a Request for Proposal (RFP) for a Utility Cost of
Service Study as it relates to our Water and Wastewater Utility.
A Request for Proposal was subsequently issued, and NewGen
Strategies was eventually selected to perform the study.
As a result of the study, water rates were ultimately adjusted
for our inside city customers. It has been quite some time since
the cost of service for water has been evaluated for our
wholesale customers. Since NewGen Strategies retains a copious
amount of data from our earlier rate study, it should be
relatively easy for them to transition into the Cost of Serv ice
Study with our wholesale customers. Approximately $35,000 has
been previously budgeted in the Water Utility Fund for this
part of the study.
This study is slated for our wholesale water customers only,
not for inside City customers. These wholesale customers are:
City of Graford; Millsap Water District; North Rural Water
Supply; Palo Pinto Water Supply Corporation; Santo Special
Utility District; and Sturdivant Progress Water Supply
Corporation. Mrs. Watson moved and Mrs. Underwood seconded to
approve Task Authorization Number 3 with NewGen Strategies &
Solutions for an Evaluation of Wholesale Water Rates and
authorize the Interim City Manager to execute any associated
contractual documents. Motion carried 6-1 with Mayor Perricone
voting against.
13. Mr. Moran stated that Lloyd Gosselink was procured in 2007 and
the City has been using them for various water issues through
the years. He said it was time to take a look at the contract
to see if a supplement was needed. As NewGen Strategies will be
performing a Cost of Service Study in reference to our wholesale
customers, any necessary adjustments that they may identify
will need to be transferred to a contractual document.
Approximately $15,000 had been previously budgeted in the Water
Utility Fund for this part (Legal Fees) of the study. This
project is intended for our wholesale water customers only.
Mrs. Underwood moved and Mr. Light seconded to approve a
Supplementary Engagement Letter with Lloyd Gosselink for
Wholesale Water Supply Contractual Legal Services and authorize
the Interim City Manager to execute any associated contractual
documents. Motion carried 7-0.
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14. Mr. Moran stated that this was for financing various equipment
that was approved in the budget. This is to acquire a Fire
Command Vehicle; one mid-size van for Information Technology;
one Water Tank Truck for Streets; and one "Bat Wing" Tractor
Mowing Deck for Parks and Recreation for a total of
approximately $223,000 in principle payments.
The City Council had previously authorized the solicitation of
a Request for Proposal (RFP) for associated financing. One
response was from First Financial Bank and one response was
from Government Capital. First financial Bank proposed an
interest rate of 3. 3 9%, and Government Capital proposed an
interest rate of 2.99% for the recommended term of 36 months.
Discussion was held regarding the difference of $800 a year for
three years in comparison to using a local bank to keep the
dollars local. Mr. Light moved and Ms. Johnson seconded to award
the RFP to First Financial Bank at an interest rate of 3.39%
and authorize the Mayor to execute any associated financial
documents. Motion carried 6-1 with Mayor Perricone voting
against.
15. Mayor Perricone mentioned moving Item #7 to another meeting.
Mrs. Rose stated that there will be a future agenda item related
to the Recreational Use Lease at the Holiday Hills Country Club.
Mr. Light asked Mayor Perricone to provide an update on the 911
Council of Governments District that the Mayor is representing
us on. Mrs. Watson asked that Council consider a formal process
to evaluate the employees that the Council directly supervises
and have that on a future agenda.
16. Exe cu ti ve Session: Mayor Perricone moved and Mr. Shoemaker
seconded to table Item #1 duties and roles of Mayor, City
Council Members, City Manager and City Clerk until the new City
Manager arrives. Motion carried 4-3 with Councilmembers
Johnson, Underwood, and Watson voting against.
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: 29 to
discuss the following:
a. §551. 071 (2): [Consultation with Attorney] 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: (ii) Texas UASWERX agreement.
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17. 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 8:23. No
action taken.
18. Ms. Johnson moved and Mr. Light seconded to approve a
resolution of the City of Mineral Wells, Texas approving and
authorizing the Mayor to execute a Funding Agreement between
the City of Mineral Wells, Texas, Texas UASWERX, the Mineral
Wells Industrial Foundation, Inc., and Envision Mineral Wells
Foundation, Inc., in order to establish an Unmanned Aerial
Systems ("UAS") Training, Testing, and Flight Operations Center
at the Mineral Wells Regional Airport; and providing for an
effective date. Motion carried 7-0.
11. There was no further business and the meeting adjourned at
8:24 p.m.
ATTEST:
~~)
APPROVED: D s-jo 2/J o 17
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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, April 16,
2019 in the City Council Chambers at the City Hall Annex, 115 S.W. pt Street, Mineral Wells,
Texas to consider the following agenda:
Call to Order
Invocation - Pastor Margie Holmes of Central United Methodist Church of Mineral Wells
Pledges of Allegiance to U.S. and Texas Flags
CITIZEN COMMENT
Citizens must provide information required 011 Speaker Card. The Speaker Card must be given to the City Clerk
before the meeting starts. The Council requests that comments be limited to three (3) minutes. The Texas Open
Meetings Act provides thefollowi11g:
(a) If, at a meeting of a govemme11tal 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 subclwpter, the notice provisions
of this subcltapter do not apply to:
(I) a statement of specific factual information given in response to the inquiry; or
(2) a recitation of existing policy i11 response to the inquiry.
(b) Any deliberation 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.
CONSENT AGENDA
(4 ) 1. Consider approval of minutes of meeting held April 2, 2019.
( 8) 2. Consider approval of budgeted expenditures over $500.
( 9) 3. Consider approval of Financial Report for the month ended January 2019.
( 10) 4. Consider approval of Bond Report for the month ended March 2019.
( l 7) 5. Consider approval of Change Order No. 2 and Pay Application No. 7 to B&L Construction
Co. in the amount of $114,985.26 for the 16-inch Water Line Installation Project (Phase I) on
US Hwy. 180 West.
ITEMS FOR INDIVIDUAL CONSIDERATION
( 26 ) 6. Conduct a Public Hearing, consider and take any necessary action regarding a re-plat of 315
Pasadena Blvd, being 0.551 acres, Lots 11-13, Block 1, of the Pasadena Heights Addition,
Mineral Wells, Palo Pinto County, Texas to Lots 1 lR and 13R, Block 1, of the Pasadena
Heights Addition, Mineral Wells, Palo Pinto County, Texas.
Mineral Wells City Council Agenda Page I of3
( 31 ) 7. Conduct a Public Hearing, consider and take any necessary action regarding a re-plat of 3705
Hwy 180 East, being a 0.861 acres, Abstract 701, Tract 10, Texas and Pacific Railway
Company Survey #13, to Lot 1, Block A, Panda Express Addition, Mineral Wells, Palo Pinto
County, Texas.
( 36 ) 8. Conduct a Public Hearing, consider and take any necessary action regarding a re-plat of a
property located at the NE corner of SE 14th Avenue and SE 16th Street, being 4.52 acres of
Tract 3, Abstract AB1139TRH Barnett Survey & Abstract AB705TR33 T&PRY CO #25
Survey, Mineral Wells, Palo Pinto County, Texas to Lot 1, Block 1, of the Peaks Addition,
Mineral Wells, Palo Pinto County, Texas.
( 41) 9. Consider and take action to approve an ordinance amending the Zoning Ordinance to change
the Zoning Classification on two properties located at the corner of S.E. 14th Avenue and S.E.
161h Street.
( 46) 10. Consider and take action to approve the use of$7,500 from the South East Park allocated
funds of $50,000 for a Topographic Survey and Concept Plan.
(49 ) 11. Receive Presentation from Zenergy - Zero Cost Program.
( 5 2) 12. Discuss and consider approval of a Task Authorization with NewGen Strategies for an
Evaluation of Wholesale Water Rates.
( 5 7) 13. Discuss and consider approval of a Supplementary Engagement Letter with Lloyd Gosselink
for Wholesale Water Supply Contractual Legal Services.
( 7o) 14. Consider the award of a Request for Proposal for Vehicles and Equipment financing, and
authorize the Mayor to execute any associated financial documents.
15. Future agenda items/requests by Councilmembers to be on next agenda-Councilmembers
shall 11ot comment upon, deliberate, or discuss ally item tltat is not 011 the agenda.
Councilmembers shall not make routine i11quiries about operations or project status 011 all
item that is not posted. Any Cou11cilmember may, however, state a11 issue a11d a request
that this issue be placed 011 a future agenda.
16. 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(2): [Consultation with Attorney] 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: (i) duties and roles of Mayor, City Council Members,
City Manager and City Clerk and (ii) Texas UASWERX agreement.
Mineral Wells City Council Agenda Page 2 of3
b. §5 51 .087: [Deliberation Regarding Economic Development Negotiations] Deliberation
regarding economic development incentive for retail or commercial business projects
seeking to locate or expand within the City: (i) Texas UASWERX agreement.
17. 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.
18. Consider and take action on a resolution approving and authoring the Mayor, or the City
Manager, to execute a funding agreement between the City, Texas UASWERX, The
Mineral Wells Industrial Foundation, Inc., and Envision Mineral Wells Foundation, Inc.,
in order to establish an Unmanned Aerial Systems Training, Testing and Flight Operations
Center at the Mineral Wells Regional Airport.
19. Adjourn.
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 on 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 taken or conducted in Open Session following the 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 by 6:00 o'clock pm on the
l2 1h day of April, 2019.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 121h day of April, 2019.
Mineral Wells City Council Agenda Page 3 of3
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