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Minutes 

REGULAR CITY COUNCIL MEETING

MARCH 19, 2002

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, March 19, 2002 in the City Council Chambers at 5:30 P.M. with the following members present:

COUNCILMEMBER #1 HENRY C. MADGWICK
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 RICK CARMONA

1. Call to Order.

Mayor Henry Madgwick called the meeting to order.

2. Invocation.

Reverend Donald Sarlow gave the opening prayer.

3. Special Presentation to Linda Seabolt - Assistant City Manager.

Passed to later in the meeting.

4. Special Presentation by Senator David Cain.

Passed to later in the meeting.

5. Award Recognition - Retirement of Billy Wooldridge.

Mayor Henry Madgwick presented Billy Wooldridge a plaque for his retirement from the City.

6. Consider Approval of City Council Special Meeting and Retreat Minutes of February 21-22, 2002 and Regular Meeting Minutes of March 5, 2002.

Mayor Pro tem Frances Anderson made a motion to approve the City Council Special Meeting and Retreat Minutes of February 21-22, 2002 and Regular Meeting Minutes of March 5, 2002 upon correction of the February 21, 2002 minutes. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

A Council Retreat of the Terrell City Council was held at 1:00 P.M., Thursday, February 21, 2002 at the Mesquite Hampton Inn & Suites, 1700 Rodeo Drive, Mesquite, Texas with the following members present:

PUBLIC HEARING

7.
a.) Conduct a Public Hearing to Receive Public Comment on a Request for Zone Change on Property Described as Lot 1C, Block 434, Terrell Revised from Current Zoning of Two-Family Residential (2F) to Commercial (C).

Mayor Henry Madgwick conducted a Public Hearing to Receive Public Comment on a Request for Zone Change on Property Described as Lot 1C, Block 434, Terrell Revised from Current Zoning of Two-Family (2F) to Commercial (C). Will Cole, Municipal Development Director gave an overview to the Council. No one spoke for or against the zone change. Mayor Henry Madgwick closed the public hearing.

b.) Discuss and Consider Approval of Ordinance No. 2106 - Zone Change on Property Described as Lot 1C, Block 434, Terrell Revised from Current Zoning of Two-Family Residential (2F) to Commercial (C).

Councilmember Lee Schaeffer made a motion to approve Ordinance No. 2106 - Zone Change on Property Described as Lot 1C, Block 434, Terrell Revised from Current Zoning of Two-Family (2F) to Commercial (C) with the stipulation that if the City receives a complaint the County would be required to put up a privacy fence.. The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2106

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM TWO-FAMILY (2F) TO COMMERCIAL ( C ) ON PROPERTY DESCRIBED AS LOT 1C, BLOCK 434, TERRELL REVISED OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

NEW BUSINESS

8. Receive and Consider Terrell Economic Development Corporation Quarterly Report.

Bob Watson representing Terrell Economic Development Corporation presented the Quarterly Report to Council. Mayor Pro tem Frances Anderson made a motion to accept the Quarterly Report. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

9. Discuss and Consider Approval of Agreement between Terrell Economic Development Corporation and Lone Star Railroad Contractors, Inc. for Track Maintenance.

Bob Watson representing Terrell Economic Development Corporation presented to Council for discussion and consideration an Agreement between Terrell Economic Development Corporation and Lone Star Railroad Contractors, Inc. for Track Maintenance. Councilmember Rick Carmona made a motion to approve the Agreement between Terrell Economic Development Corporation and Lone Star Railroad Contracts, Inc. for Track Maintenance in the amount of $475 per inspection. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

10. Consider Ratification of Change Order No. 1 to the Agreement Between Terrell Economic Development Corporation and Tiseo Paving Company for Improvements in the Metrocrest Addition.

Bob Watson representing Terrell Economic Development Corporation presented to Council for consideration and ratification of Change Order No. 1 to the Agreement Between Terrell Economic Development Corporation and Tiseo Paving Company for Improvements in the Metrocrest Addition. Councilmember Lee Schaeffer made a motion to approve Change Order No. 1 to the Agreement Between Terrell Economic Development Corporation and Tiseo Paving Company for Improvements in the Metrocrest Addition. The motionw as seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

11. Discuss and Consider Approval of Terrell Economic Development Corporation Offer for Alatech Incentive Package.

Bob Watson representing Terrell Economic Development Corporation presented to Council for discussion and consideration Terrell Economic Development Corporation Offer for Alatech Incentive Package. Councilmember Rick Carmona made a motion to approve Terrell Economic Development Corporation's Offer for Alatech Incentive Package. The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

12. Hear and Discuss Appeal of Locational Restrictions of Beth Stayton/Yellow Rose Cafe Application for Dance Hall and Game Hall Permit.

Council was informed that Beth Stayton had withdrawn her application for a Dance Hall and Game Hall Permit. No action taken on this item.

13. Hear and Discuss Appeal of Locational Restrictions of Thomachen C. Thomas/Handy Mart Application for Game Hall Permit.

Greg Shumpert, Assistant City Attorney presented to Council Appeal of Locational Restrictions of Thomachen C. Thomas/Handy Mart Application for Game Hall Permit. Mayor Henry Madgwick called upon Thomachen C. Thomas to address the Council regarding his appeal of Locational Restrictions for a Game Hall Permit. Councilmember Tommy Spencer made a motion to deny the Appeal of Locational Restrictions of Thomaschen C. Thomas/Handy Mart Application for Game Hall Permit. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

14. Hear and Discuss Appeal of Locational Restrictions of Debbie Stubblefield Application for Game Hall Permit.

Greg Shumpert, Assistant City Attorney, presented to Council Appeal of Locational Restrictions of Debbie Stubblefield Application for Game Hall Permit. Councilmember Rick Carmona made a motion to deny the Appeal of Locational Restrictions of Debbie Subblefield Application for Game Hall Permit. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

15. Consider Approval of Resolution No. 430 - Amendment to the Agreement with Elmo Water Supply Corporation.

Stan Ballard, City Engineer presented to Council for consideration Resolution No. 430 - Amendment to the Agreement with Elmo Water Supply Corporation. Councilmember Lee Schaeffer made a motion to approve Resolution No. 430 - Amendment to the Agreement with Elmo Water Supply Corporation. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

Resolution No. 430

A Resolution of the City of Terrell, Authorizing an Amendment to the Agreement with Elmo Water Supply Corporation; Authorizing the Mayor to Execute the Same; and Setting an Effective Date.

WHEREAS an Agreement with Elmo Water Supply Corporation was approved in December of 2001 by Resolution No. 408; and

WHEREAS it has become necessary to amend that Agreement in order to facilitate said Corporation's securing of funds for proposed improvements;

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS:

THAT Section 5.6 of the Agreement between the City of Terrell and Elmo Water Supply Corp. is hereby amended as set forth in the attached document titled 'Reformation and Addendum Agreement'; and

THAT Mayor Henry Madgwick is hereby authorized to execute said Amendment on behalf of the said City.

PASSED AND APPROVED by the City of Terrell, this the 19th day of March, 2002.

16. Discuss and Consider Request for Resale of Property Described as Lots 21-22, Block 2, Virginia Heights Addition.

City Manager Gordon Pierce presented to Council for discussion and consideration Request for Resale of Property Described as Lots 21-22, Block 2, Virginia Heights Addition. Mayor Pro tem made a motion to approve the Request for Resale of Property Described as Lots 21-22, Block 2, Virginia Heights Addition. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

17. Discuss and Consider Approval of Ordinance No. 2110 - Amending Appendix 1, Fee Schedule by Amending Section 9. Plumbing Permit Fees and Charges and Adding Section 41, Backflow Prevention Assembly Rates and Charges.

Will Cole, Municipal Development Director, presented to Council for discussion and consideration Ordinance No. 2110 - Amending Appendix 1, Fee Schedule by Amending Section 9, Plumbing Permit Fees and Charges and Adding Section 41, Backflow Prevention Assembly Rates and Charges. Councilmember Tommy Spencer made a motion to approve Ordinance No. 2110 - Amending Appendix 1, Fee Schedule by Amending Section 9, Plumbing Permit Fees and Charges and Addition Section 41, Backflow Prevention Assembly Rates and Charges. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2110

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, BY AMENDING SECTION 9. PLUMBING PERMIT FEES AND CHARGES AND ADDING SECTION 41: BACKFLOW PREVENTION ASSEMBLY RATES AND CHARGES, OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

3. Presentation to Linda Seabolt - Assistant City Manager.

Mayor Henry Madgwick and Council presented Linda Seabolt with a clock and gifts upon her retirement from the City of Terrell.

18. Discuss and Consider Approval of Ordinance No. 2108 - Amending Chapter 5, Business Regulations, Section 15: Wrecker Service.

Greg Shumpert, Assistant City Attorney presented to Council for discussion and consideration Ordinance No. 2108 - Amending Chapter 5, Business Regulations, Section 15: Wrecker Service. Councilmember Rick Carmona made a motion to approve Ordinance No. 2108 - Amending Chapter 5, Business Regulations, Section 15: Wrecker Service. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2108

AN ORDINANCE OF THE CITY OF TERRELL, KAUFMAN COUNTY TEXAS AMENDING CHAPTER 5, BUSINESS REGULATIONS, SECTION 15, WRECKER SERVICE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

19. Discuss and Consider Purchase of Wheeled Telescopic Boom Excavator.

Steve Rogers, Director of Public Works presented to Council for discussion and consideration Purchase of Wheeled Telescopic Boom Excavator. Councilmember Tommy Spencer made a motion to approve the Purchase of a Wheeled Telescopic Boom Excavator in the amount of $187,141.81. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

20. Discuss and Consider Approval of Resolution No. 429 - Lease Purchase Agreement with Heritage Bank for Gradall XL 3100 Wheeled Telescopic Boom Excavator.

John Rounsavall, City Secretary presented to Council for discussion and consideration Resolution No. 429 - Lease Purchase Agreement with Heritage Bank for Gradall XL 3100 Wheeled Telescopic Boom Excavator. Mayor Pro tem Frances Anderson made a motion to approve Resolution No. 429 - Lease Purchase Agreement with Heritage Bank for Gradall XL 3100 Wheeled Telescopic Boom Excavator. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 429

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AUTHORIZING THE CITY MANAGER AND/OR CITY SECRETARY TO ENTER INTO A LEASE PURCHASE AGREEMENT WITH HERITAGE BANK FOR A 2002 GRADALL XL 3100 EXCAVATOR.

BE IT RESOLVED by the City Council of the City of Terrell, Texas, as follows:

WHEREAS, the City Council of the City of Terrell has determined that a true and very real need exists for the acquisition of a 2002 Gradall XL 3100 Excavator, described in the Municipal Lease Agreement presented at the meeting; and

WHEREAS, the City Council has taken all necessary steps, including the legal bidding requirements, under applicable law to arrange for the acquisition of such equipment; and

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Terrell, Texas, that the terms of said Municipal Lease Agreement with Heritage Bank are in the best interests of Lessee for the acquisition of such equipment and the City Council designates and confirms that the City Manager and/or City Secretary execute and deliver, and to attest, respectively, the Municipal Lease Agreement and any related documents necessary to the consummation of the transactions contemplated by the Municipal Lease Agreement.

Passed and approved this the 19th day of March, 2002.

21. Discuss and Consider Appointment to the Zoning Board of Adjustments.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointment to the Zoning Board of Adjustments. Mayor Pro tem Frances Anderson made a motion to appoint Rusty Samples as a full board member. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

22. Discuss and Consider Appointment to the Civil Service Commission.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointment to the Civil Service Commission. Councilmember Lee Schaeffer made a motion to re-appoint Jimmy Chitty to the Civil Service Commission. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

23. Consider Confirmation of Directors for the Terrell Public Hospital Corporation.

City Manager Gordon Pierce presented to Council for discussion and consideration Confirmation of Directors for the Terrell Public Hospital Corporation. Mayor Pro tem Frances Anderson made a motion to confirm Rick Carmona, Tommy Spencer and Ronald Glenn for the Terrell Public Hospital Corporation. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried. Councilmember Tommy Spencer and Rick Carmona abstained from vote.

24. Hear Remarks from Visitors.

Ronald Breathwit addressed the Council regarding correspondence he received from the City.

OLD BUSINESS
CONSENT AGENDA

25. Discuss and Consider Adoption on Second Reading Ordinance No. 2109 - Budget Amendment.

City Manager Gordon Pierce presented to Council for discussion and consideration for Adoption on Second Reading Ordinance No. 2109 - Budget Amendment. Councilmember Rick Carmona made a motion to adopt Ordinance No. 2109 - Budget Amendment. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2109

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 2001, AND ENDING SEPTEMBER 30, 2002, AS PASSED AND ADOPTED ON SEPTEMBER 4, 2001 TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS:

SECTION I.

The General Fund, Utility Fund and Equipment Replacement Fund are amended to reflect the following increase in the budget:

GENERAL FUND
EXPENDITURES
BUDGETED AMOUNT AMENDED
010-11-4492 TRN-PERMANENT ST IMPROVEMENT $ 375,000.00 $344,469.72 $719,469.72
010-12-4114 INSURANCE $ 22,000.00 $ 2,548.00 $ 24,548.00
010-13-4114 INSURANCE $ 8,000.00 $ 1,274.00 $ 9,274.00
010-16-4114 INSURANCE $ 8,000.00 $ 1,274.00 $ 9,274.00
010-17-4114 INSURANCE $ 8,000.00 $ 1,274.00 $ 9,274.00
010-20-4114 INSURANCE $ 20,000.00 $ 3,185.00 $ 23,185.00
010-21-4114 INSURANCE $ 12,000.00 $ 1,911.00 $ 13,911.00
010-22-4114 INSURANCE $ 40,000.00 $ 6,370.00 $ 46,370.00
010-26-4114 INSURANCE $ 24,000.00 $ 3,822.00 $ 27,822.00
010-32-4114 INSURANCE $ 180,000.00 $ 29,939.00 $209,939.00
010-32-4418 TRAVEL/EDUCATION $ 21,000.00 $ 3,448.74 $ 24,448.74
010-33-4114 INSURANCE $ 68,000.00 $ 10,829.00 $ 78,829.00
010-33-4416 DEBT SERVICE/ANB 10081 $ 62,000.00 $133,093.20 $195,093.20
010-33-4417 LEASE/BOOSTER ENGINE $ 13,000.00 $ 47,512.55 $ 60,512.55
010-34-4114 INSURANCE $ 28,000.00 $ 4,459.00 $ 32,459.00
010-35-4114 INSURANCE $ 20,000.00 $ 3,185.00 $ 23,185.00
010-40-4114 INSURANCE $ 28,000.00 $ 1,274.00 $ 29,274.00

UTILITY FUND
EXPENDITURES

BUDGETED AMOUNT AMENDED
020-51-4114 INSURANCE $ 32,000.00 $ 5,096.00 $ 37,096.00
020-52-4114 INSURANCE $ 24,000.00 $ 4,140.50 $ 28,140.50
020-61-4114 INSURANCE $ 24,000.00 $ 3,822.00 $ 27,822.00
020-62-4114 INSURANCE $ 16,000.00 $ 2,866.50 $ 18,866.50
020-64-4114 INSURANCE $ 24,000.00 $ 3,185.00 $ 27,185.00
020-80-4114 INSURANCE $ 44,000.00 $ 7,007.00 $ 51,007.00

EQUIPMENT REPLACEMENT FUND
EXPENDITURES

BUDGETED AMOUNT AMENDED
025-25-4114 INSURANCE $ 16,000.00 $ 2,548.00 $ 18,548.00
025-90-4402 LEASE-A10008/MOTOR GRADER $ 24,500.00 $ 23,871.98 $ 43,371.98
025-90-4403 LEASE-A10021/LOADER $ 10,975.00 $ 21,950.00 $ 32,925.00
025-90-4404 LEASE-A10049/BACKHOE $ 14,600.00 $ 29,093.55 $ 43,693.55

SECTION II.

All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.
SECTION III.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionally shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the city council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.

SECTION IV.

This Ordinance will take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides.

PASSED AND APPROVED ON THIS THE 5th DAY OF MARCH, 2002.
PASSED AND ADOPTED ON THIS THE 19TH DAY OF MARCH, 2002.

26. Receive City Manager's Reports and Correspondence:

City Manager Gordon Pierce presented the following reports and correspondence to the Council.

c.) Special City Council Meeting - March 26, 2002 12:00 p.m.
d.) April 4, 2002 City Council Workshop Agenda Items.
This workshop will be held from 1:00-3:00 p.m.

e.) Letter of Commendation - Citizens Police Academy.
f.) Letter of Commendation - City Personnel.

27. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local Government Code to Discuss the Following:
g.) Section 551.071 - Contemplated Litigation - Receive Advice from City Attorney.
h.) Section 5510.74 - Personnel Matters - Regarding Search for Assistant City Manager and Fire Chief.

28. Reconvene into Regular Session and Consider Action, if any, on Items Discussed in Executive Session.

g.) There was no action taken on this item.

h.) Councilmember Lee Schaeffer made a motion to authorize the City Manager to negotiate a salary and benefits package for the Assistant City Manager. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

29. Adjourn.

There were no other matters discussed or acted on at this meeting. There being no further business the meeting was adjourned.

____________________________________
Henry C. Madgwick, Mayor

Attest:

________________________________
John Rounsavall, City Secretary

City of Terrell
201 East Nash St.
Terrell, Texas 75160
(972) 551-6604
Metro (972) 524- 3332
Fax (972) 551-6682
E-mail: information@cityofterrell.org
 

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City of Terrell
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