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City Council Meetings

Regular Meeting

Mineral Wells, TX · April 16, 2019

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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. ll Page 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 21 Page 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. 3I Page 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. 41 Page 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. SI Page 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 GI Page

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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