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City Council Meetings

Regular Meeting

Mineral Wells, TX · May 7, 2019

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Minutes

MINUTES REGULAR MEETING MINERAL WELLS CITY COUNCIL CITY HALL ANNEX May 7, 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 City Manager Randy Criswell, Finance Director John Moran, Police Chief Dean Sullivan, Fire Chief Mike Pool, Public Works Director Bob Neal, City Clerk Peggy Clifton, City Attorney's Will Trevino and Melissa Cranford, and outgoing Interim City Manager Margie Rose. Mayor Perricone called the meeting to order. Reverend Brian Nierman of First Christian Church of Mineral Wells led the invocation, and the Pledges of Allegiance to the U.S. and Texas flags were recited. CITIZEN COMMENT Mayor Perricone recognized Terri Blevins of 2807 N. Murco Drive who spoke about the new City Manager, the 4b sales tax, and the Baker Hotel. PRESENTATION Mayor Perricone moved Item #19 up to this portion of the meeting. The City Council recognized outgoing Interim City Manager Margie Rose with a Certificate of Appreciation for her time serving the City of Mineral Wells. Following a motion made by Mr. Shoemaker, seconded by Mr. Light, the following CONSENT AGENDA was approved by a vote of 7-0 with the correction of the minutes of April 2, 2019 to reflect that Mr. Shoemaker was the one to second Item #16: 1. Consider approval of minutes of meetings held April 16, 2019. 2. Consider approval of budgeted expenditures over $500. ll Page 3. Consider and take action on pay request from Parker, Smith & Cooper, Inc. (formerly Schrickel, Rollins and Associates, Inc.) in the amount of $34,400.00 for professional engineering services on the 2018 Street and Utilities Improvement Bond Projects. ITEMS FOR INDIVIDUAL CONSIDERATION 4. Mayor Perricone opened a Public Hearing at 6: 10 to consider a final plat of 3705 Highway 180 East, being 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. Mrs. Rose stated that this item was on the Council agenda of April 16, 2019 as a replat and needed to be taken back to the Planning and Zoning Commission to be approved as a final plat. At its meeting on April 22, 2019 the Planning and Zoning Commission approved the final plat. Mayor Perricone closed the Public Hearing at 6: 11. Mr. Shoemaker moved and Ms. Johnson seconded to approve the final plat of 3705 Highway 180 East, being 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. Motion carried 7-0. 5. Raymond Greenwood, Chairman of the Economic Development Task Force discussed the process of coming up with an Economic Development Plan for Mineral Wells. Tony Allandar of Hawes, Hill & Associates gave a presentation of the plan. The presentation is available on the City of Mineral Wells website at mineralwellstx.gov. No action taken. 6. Library Manager Louanne Noel recognized the Boyce Ditto Public Library Board and the Friends of the Library for their time spent working on this project. She stated that they came to a consensus that agrees with the American Library Association (ALA) that overdue fines are a possible impediment interfering with equitable access for some users. The 2018-2019 proposed revenue budget amount was $7, 000. The amount expected to collect in overdue fines is $3,000 of the $7,000. From October 1, 2018 to March 20, 2019, they have generated $1,527 in overdue fee income. A resolution was presented to establish a Library Fine Free Pilot Program for the period of one year. During the duration of the Pilot Program, staff would waive overdue fines for those imposed by the City, with the exception of those fines or fees set by a lending library in the consortium or through an Interlibrary Loan Agreement. Fine forgiveness stops after ninety (90) days of no return and in the event of a lost item, a person would not be able to check out additional items until the cost of that item was paid in full. Mrs. Watson moved and Mr. Light seconded to 21 Page approve a resolution of the City Council of the City of Mineral Wells, Texas, establishing a Library Fine Free Pilot Program; providing savings, repealing, and severability clauses; and providing for an effective date. Motion carried 7-0. 7. Mayor Perricone presented a history of the North Central Texas Council of Governments 9-1-1 District. No action taken. 8. Mr. Neal stated this was part of the Bond Program (Proposition A). City Council approved the plans and specifications and authorized staff to advertise and receive bids for the Holiday East Paving Project on March 19, 2019. On April 17, 2019, four bid proposals were opened and read aloud, with the lowest bid being from Peachtree Construction, LTD. in the total amount of $192,125.00. The base bid of $160,000.00 is for the asphalt work, with alternate bids items in the amount of $32,125.00 for concrete curb and gutter work. The Project Engineer, Schrickel, Rollins and Associates, Inc . , evaluated the bid proposals and the contractor's performance history and recommended the base bid and alternate bid from Peachtree Construction, LTD. in the total amount bid of $192,125.00. Ms. Johnson moved and Mrs. Underwood seconded to award the bid in the amount of $192, 125. 00 to Peachtree Construction, LTD. for the Holiday East Paving Project. Motion carried 7-0. 9. Mr. Neal stated that this was also part of the Bond Program (Proposition A) for street and road improvements, including replacement of utilities in connection with such street and road improvements. Parkhill, Smith & Cooper, Inc. (formerly Schrickel, Rollins and Assoc., Inc.) have prepared plans and specifications for the 2019 Paving Improvements and are ready to advertise and receive bids for the following streets: • SE 12th Street from SE 16th Avenue to SE 22nct Avenue • Travis Street from US Highway 180 West to Cactus Street Advertisement for this project will be published on May 11, 2019 and May 18, 2019, with bid proposals to be received and opened on May 2 8, 2019. The recommendation for the award of bid will be presented at the City Council meeting on June 4, 2019. Ms. Johnson moved and Mr. Light seconded to approve plans and specifications and authorize staff to advertise and receive bids for the 2019 Paving Improvements. Motion carried 7-0. 10. Chief Pool said he brought this as what he thinks is a very good opportunity for the City of Mineral Wells. Mineral Wells Fire EMS 3I Page strives to provide a high level of pre-hospital care to the sick and injured of Mineral Wells and portions of Palo Pinto County. There is currently a national shortage of qualified Paramedics across the nation. There is also difficulty, due to this shortage, in finding educational programs that are suitable for currently employed staff. This consortium agreement with PERCOMOnline Inc. will allow Mineral Wells Fire EMS to assist in the quality education received of future employees and allow Mineral Wells to continue in its efforts to maintain a high level of pre-hospital care. Mrs. Underwood moved and Mr. Light seconded to approve a resolution to execute a Consortium Agreement for sponsoring a Paramedic Program with PERCOMOnline Inc. and authorize the Mayor to execute same. Motion carried 7-0. 11. Mr. Moran stated that with the new appointment of City Manager Randy Criswell, there needs to be an authorization for him to become a signatory on the various City banking accounts. There will be additional accounts to which Mr. Criswell will need to be added at a later time. Mrs. Watson moved and Mr. Shoemaker seconded to approve a resolution of the City Council of the City of Mineral Wells, Texas, establishing signatories on all City of Mineral Wells bank accounts; providing for an effective date; designating the signatories on all City of Mineral Wells, Texas financial documents; and ordaining other provisions related to the subject matter hereof. Motion carried 7-0. 12. Mr. Moran stated that this item is in regards to the Biochar Grant. He said he already signed off on the Grant because there was a time limit on it but the Council could rescind it, should they choose to do so. Wes Jurey said they had been working on this since 2016. This was the only site selected to continue to do the development of an early Economic Development Strategic Plan that would lead to a model for rural economic development. One of the tasks is to do an inventory of every source of bio waste in the county. This $100,000 grant will go toward consultants, studies, etc. There would be no cost to the City. Mr. Light moved and Ms. Johnson seconded the ratification of accepting the Grant from the United States Department of Agriculture. Motion carried 6-0-1 with Mayor Perricone abstaining. 13. Mrs. Clifton stated that this TML conference is for elected officials and staff who serve Texas' small towns and cities. The budgeted funds for this expense have been exhausted. After discussion, Council did not feel the need to expend funds to attend. No action taken. 41 Page 14. Mayor Perricone asked if Council had anything for the next agenda. Mrs. Watson asked staff to spend time looking at the recommendations of the Economic Development Plan, especially the restructuring of the Community Development Corporation (CDC) as well as the Director for Economic Development. Mayor Perricone asked that the policy on not allowing life jackets at the swimming pool be reviewed. John Moran asked if Council wanted a representative of the Texas Historical Commission to come talk at a meeting. 15. EXECUTIVE SESSION: Mayor Perricone announced that in In accordance with Texas Government Code, Chapter 551, Subchapter D, the City Council will recess into Executive Session (closed meeting) at 7:53 p.m. to discuss the following: a) § 551.071: Consultation 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 this chapter regarding: (i) Complaint from Director of Finance; (ii) Texas Commission on Fire Protection Compliance Inspection Guidelines for 2019, Mineral Wells Fire Department and Mineral Wells Volunteer Fire Department; (iii) Amendment to Funding Agreement with Texas UASWERX; (iv) TxDOT Rights-of-way Acquisition; (v) Southwire Company, LLC conveyance, and (vi) Lease agreement with Holiday Hills Country Club, Inc., Assignment of Recreational Use Agreement to Holiday Hills Golf Course, LP, and a tract of land being 6.548 acres, more or less, out of the T&P RR Co. Survey, Abstract Nos. 701 and 1633, as described in a Quit Claim Deed from the United States of America to the City of Mineral Wells, as filed in Vol 614, Page 86, Palo Pinto County, Texas. b) § 551. 072: To deliberate the purchase, exchange, lease, or value of real property regarding: (i) TxDOT Rights-of-way Acquisition, (ii) Lease agreement with Holiday Hills Country Club, Inc., Assignment of Recreational Use Agreement to Holiday Hills Golf Course, LP, and a tract of land being 6. 548 acres, more or less, out of the T&P RR Co. Survey, Abstract Nos. 701 and 1633, as described in a Quit Claim Deed from the United States of America to the City of Mineral Wells, as filed in Vol 614, Page 86, Palo Pinto County, Texas; and (iii) conveyances to Southwire Company, LLC. c) § 551.074: Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, or to hear a complaint or charge against an officer or employee: Complaint from Director of Finance. SI Page 16. 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 9:41 p.m. No action taken. 1 7. Mrs. Rose stated that the golf course is being sold and an Assignment of Lease is required to assign a portion of the land that the City owns. Mrs. Watson moved and Mrs. Underwood seconded to approve a resolution of the City Council of the City of Mineral Wells, Texas approving an Assignment of a Recreational Use Agreement by and between the City of Mineral Wells, Texas and Holiday Hills Country Club, Inc., along with any amendments thereto, to Holiday Hills Golf Course, LP; authorizing the Mayor to execute the Consent of Assignment; and providing an effective date. Motion carried 7-0. 18. Mrs. Rose stated that these two properties were part of a Texas Capital Fund that have met their obligations and as a result, it is time to transfer the properties to Southwire. 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 conveyance documents and other documents necessary to effectuate the transfer of property to Southwire Company, LLC; and providing for an effective date. Motion carried 6-0-1 with Mayor Perricone abstaining. 20. There was no further business and the meeting adjourned at 9:45 p.m. ATTEST: APPROVED: 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, May 7, 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 - Reverend Brian Nierman of First Christian Church of Mineral Wells Pledges of Allegiance to U.S. and Texas Flags CITIZEN COMMENT Citizens must provide information required 011 Speaker Cart/. Tile Speaker Card must be given to tile City Clerk before tile meeting starts. Tile Council requests that comments be limited to three (3) minutes. Tile Texas Open Meetings Act provides tltefollowing: (a) If, at a meeting of a govem111e11tal body, a member of tile public or of tile governmental body inquiries about a subject for 111/ticlt notice ltas not been given as required by tit is subcltapter, tile notice provisions of tit is subcltapter do not apply to: (1) a statement of specific factual information given in response to tile inquiry; or (2) a recitation of existing policy in response to tile inquiry. (b) Any tleliberatio11 of or decision about tile subject of tile inquiry sit all be limited to a proposal to place tile subject 011 tile agenda for a subsequent meeting. CONSENT AGENDA (4 ) 1. Consider approval of minutes of meeting held April 16, 2019. ( l O) 2. Consider approval of budgeted expenditures over $500. ( 11) 3. Consider and take action on pay request from Parker, Smith & Cooper, Inc. (formerly Schrickel, Rollins and Associates, Inc.) in the amount of $34,400.00 for professional engineering services on the 2018 Street and Utilities Improvement Bond Projects. ITEMS FOR INDIVIDUAL CONSIDERATION ( 15) 4. Conduct a Public Hearing, consider and take any necessary action regarding a Final 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. (19) 5. Receive a presentation, and discussion, on an Economic Development Plan. ( 92) 6. Consider and take action on a resolution establishing a Library Fine Free Pilot Program. Mineral Wells City Council Agenda Page I of3 ( 97) 7. Receive update by Mayor Perricone related to his appointment on the N01ih Central Texas Emergency Communications 9-1-1 District Board. ( 98) 8. Consider and take action for Award of Bid in the amount of $192,125.00 to Peachtree Construction, LTD. for the Holiday East Paving Project (Bond Program). ( l Ol ) 9. Consider and take action on approval of plans and specifications and authorization to adve1iise and receive bids for the 2019 Paving Improvements. ( l O6) 10. Consider and take action approving a resolution to execute a Consortium Agreement for sponsoring a Paramedic program with PERCOMOnline Inc. and authorize the Mayor to execute same. (115) 11. Consider and take action on a resolution establishing signatories on all City of Mineral Wells bank accounts. (118) 12. Consider and take action authorizing staff to accept a grant from the U.S. Depaiiment of Agriculture. (142) 13. Consider and take action on reimbursements of Councilmembers interested in attending the TML Small Town Conference. 14. 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. 15. Executive Session: In accordance with Texas Government Code, Chapter 551 , Subchapter D, the City Council will recess into Executive Session (closed meeting) to discuss the following: a) § 551.071: Consultation 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 this chapter regarding: (i) Complaint from Director of Finance; (ii) Texas Commission on Fire Protection Compliance Inspection Guidelines for 2019, Mineral Wells Fire Department and Mineral Wells Volunteer Fire Depaiiment; (iii) Amendment to Funding Agreement with Texas UASWERX; (iv) TxDOT Rights-of-way Acquisition; (v) Southwire Company, LLC conveyance, and (vi) Lease agreement with Holiday Hills Country Club, Inc., Assignment of Recreational Use Agreement to Holiday Hills Golf Course, LP, and a tract of land being 6.548 acres, more or less, out of the T &P RR Co. Survey, Abstract Nos. 701and1633, as described in a Quit Claim Deed from the United States of America to the City of Mineral Wells, as filed in Vol 614, Page 86, Palo Pinto County, Texas. b) § 551.072: To deliberate the purchase, exchange, lease, or value of real property regarding: (i) TxDOT Rights-of-way Acquisition, (ii) Lease agreement with Holiday Hills Mineral Wells City Council Agenda Page 2 of3 Country Club, Inc., Assignment of Recreational Use Agreement to Holiday Hills Golf Course, LP, and a tract ofland being 6.548 acres, more or less, out of the T &P RR Co. Survey, Abstract Nos. 701 and 1633, as described in a Quit Claim Deed from the United States of America to the City of Mineral Wells, as filed in Vol 614, Page 86, Palo Pinto County, Texas; and (iii) conveyances to Southwire Company, LLC. c) § 551.074: Deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee, or to hear a complaint or charge against an officer or employee: Complaint from Director of Finance. 16. Reconvene into open session: In accordance with Texas Government Code, Chapter 551, and the City Council will reconvene into Regular Session to consider action, if any, on matters discussed in Executive Session. ( 14 7) 17. Consider and take action on a resolution approving an assignment of a Recreational Use Agreement to Holiday Hills Golf Course, LP. ( 18 3 ) 18. Consider and take action on a resolution authorizing the Mayor to execute conveyance documents to Southwire Company, LLC for 3800 S.E. Industrial Parkway, Mineral Wells; Texas 76067 and 501 Tradeway, Mineral Wells, Texas 76067. 19. Appreciation presentation. 20. Adjourn. Notes: Disabled persons requiring special assistance are requested to notify the City of Mineral Wells 24 hours ill advance of the meeting by calling the City Clerk's office at 940.328. 7702. The City Council reserves tlte right to meet in Executive Session closed to tlte public at any time in tlte course of this meeting to discuss matters listed on tlte agenda, as authorized by the Texas Open Meetings Act, Texas Government Code Chapter 551, including §551.071, (private consultation witlt the attorney for tlte City); §551.072 (purchase, exchange, lease or value of real property); §551.074 (perso1111el or to hear complaints against personnel); §551.076 (deployment, or specific occasio11s for impleme11tatio11 of security perso11nel or devices); and §551.087 (economic developme11t negotiatio11s). Any decision !teld 011 suclt matters will be taken or conducted in Open Session following tlte conclusion of tlte 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 3rd day of May, 2019. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 3rd day of May, 2019. Page 3 of3

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