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Minutes 

REGULAR CITY COUNCIL MEETING

JANUARY 2, 2001

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, January 2, 2001 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 JAMES HUFFMAN

1. CALL TO ORDER

Mayor Henry C. Madgwick called the meeting to order.

2. INVOCATION

Reverend Ernie McCoulskey gave the opening prayer.

3. SPECIAL RECOGNITION - RETIREMENT OF STANLEY A. CECH. PRESENTATION TO FIRE AND POLICE DEPARTMENTS BY TANGER OUTLET MALL - DARREN COMSTOCK

Mayor Henry C. Madgwick presented Stanley Cech a plaque in recognition for his service to the City of Terrell. Darren Comstock representing Tanger Outlet Centers presented $500.00 donations to the Police and Fire departments. Police Chief Jeff Whitt and Fire Chief Michael Roscoe accepted the donations from Mr. Comstock. Officer Ron Jones and Ken McKeown were presented with plaques for their work with the Terrell Citizens Police Academy.

4. CONSIDER APPROVAL OF CITY COUNCIL RETREAT MEETING MINUTES OF NOVEMBER 30 - DECEMBER 1, 2000 AND CITY COUNCIL REGULAR MEETING MINUTES OF DECEMBER 5, 2000

Mayor Pro tem Lee Schaeffer made a motion to approve the City Council Retreat Meeting Minutes of November 30 - December 1, 2000 and the City Council Regular Meeting Minutes of December 5, 2000 with the following correction as indicated by Council Member James Huffman:

Page 71 of 71 item 18 (j) -

Councilmember James Huffman made a motion to authorize the City to enter into agreement contingent upon successful negotiations for their location in Terrell with Rexell Inc., and that agreement would be as detailed in Resolution No. 388, a Resolution of City Council - City of Terrell Authorizing the City Manager to enter into agreement with Rexell Inc. for Tax Abatement of Real and Personal Property. The motion was seconded by Councilmember Lee Schaeffer . Ayes - all; Nayes - none. Motion carried

The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none.

PUBLIC HEARING

5. CONDUCT A PUBLIC HEARING TO CONSIDER LOCAL LAW ENFORCEMENT BLOCK GRANT

Mayor Henry Madgwick opened a Public Hearing to Receive Public Comments on considering a Local Law Enforcement Block Grant. Chief of Police Jeff Whitt presented the Local Law Enforcement Block Grant for the Police Department of the City of Terrell. No one spoke for or against the application for the Local Law Enforcement Block Grant for the Police Department of the City of Terrell. Mayor Henry Madgwick closed the public hearing.

Mayor Henry Madgwick made a motion to proceed with the application for a Local Law Enforcement Block Grant for the Police Department of the City of Terrell. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

6. DISCUSS AND CONSIDER TOURISM BOARD ANNUAL REPORT
Chairperson Laura Wolfe and Secretary/Treasurer Horace Flatt of the Tourism Board presented to Council for discussion and consideration the Tourism Board Annual Report. Dr. Flatt also discussed with City Council the possibility of having a full time Tourism Director. Council by consensus agreed that the Tourism Board should develop a plan and present it at a Council workshop.

7. DISCUSS AND CONSIDER PLANNING AND ZONING COMMISSION RECOMMENDATION TO APPROVE THE FINAL PLAT OF THE TERRACES PHASE I, 118 LOTS IN A 27.456 ACRE TRACT, JOHN C. HALE SURVEY, ABSTRACT 202, A RESIDENTIAL PLANNED DEVELOPMENT IN THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS

City Manager Gordon Pierce and Director of Municipal Development Will Cole presented to Council for discussion and consideration Planning and Zoning Commission Recommendation to Approve the Final Plat of the Terraces Phase I, 118 lots in a 27.456 Acre Tract, John C. Hale Survey, Abstract 202, a Residential Planned Development in the City of Terrell, Kaufman County, Texas. Councilmember Frances Anderson made a motion to approve the Planning and Zoning Commission Recommendation to Approve the Final Plat of the Terraces Phase I, 118 lots in a 27.456 Acre Tract, John C. Hale Survey, Abstract 202, a Residential Planned Development in the City of Terrell, Kaufman County, Texas. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

8. DISCUSS AND CONSIDER APPOINTMENTS TO THE ZONING BOARD OF ADJUSTMENTS

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Zoning Board of Adjustments. Councilmember James Huffman made a motion to re-appoint Elizabeth Ditto, Gene Glaeser, Rusty Samples and Chris Simpson. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

Mayor Pro tem Lee Schaeffer discussed checking with Dr. Scott Ervin to see if he wants to continue to serve.

9. DISCUSS AND CONSIDER ASSIGNMENT OF LEASE OF PROPERTY ALONG GROVE STREET SITUATED ON THE SOUTH SIDE OF PROPERTY DESCRIBED AS LOTS 1 THROUGH 10, BLOCK 6, ORIGINAL PLAT, CITY OF TERRELL, BETWEEN CATHERINE AND ADELAIDE STREETS

City Engineer Stan Ballard and Craig Fletcher representative for Lone Star Drywall presented to Council for discussion and consideration Assignment of Lease of Property Along Grove Street Situated on the South Side of Property Described as Lots 1 through 10, Block 6, Original Plat, City of Terrell, Between Catherine and Adelaide Streets. City Manager Gordon Pierce advised the Council that a license for a silo located on the property would have to come back before Council on the January 16th agenda for consideration. Councilmember Frances Anderson made a motion to approve Assignment of Lease of Property Along Grove Street Situated on the South Side of Property Described as Lots 1 through 10, Block 6, Original Plat, City of Terrell, Between Catherine and Adelaide Streets. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried. Mr. Fletcher was advised by City Manager Gordon Pierce to get his license request to City Attorney Mary Gayle Ramsey by next Tuesday and the License would be on the January 16th, 2001 agenda.

10. CONSIDER AWARD OF CONTRACT FOR EMERGENCY WARNING SIRENS (PROJECT NO. 01-32-01) TO AMERICAN COMMUNICATIONS

City Engineer Stan Ballard presented to Council for discussion and consideration Award of Contract for Emergency Warning Sirens (Project No. 01-32-01) to American Communications. After discussion regarding the funding for the sirens from the previous fiscal year and the available funding in the current fiscal year, Councilmember James Huffman made a motion to approve Award of Contract for the additional Emergency Warning Sirens (Project No. 01-32-01) to American Communications. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

11. CONSIDER APPROVAL OF CHANGE ORDER NO. 1 TO THE AGREEMENT WITH QUANTUM CONTRACTING, INC., ON PROJECT NO. 99-01.3, SOUTH ROCKWALL PAVING IMPROVEMENTS

City Engineer Stan Ballard presented to Council for discussion and consideration Approval of Change Order No. 1 to the Agreement with Quantum Contracting, Inc., on Project No. 99-01.3, South Rockwall Paving Improvements. Mayor Henry Madgwick questioned if the City put in a new driveway for someone. Mr. Ballard indicated that a large portion of an existing parking lot was removed for installation of the storm sewer and then replaced and as a part of the consideration for the easement to go through there the City agreed to install or construct a paved driveway. Mayor Madgwick wanted to know if the Council was aware of that agreement at the time. Mr. Ballard indicated the Council approved the agreement with the property owner. Councilmember James Huffman asked how much of the change order is the Council rubber-stamping, and has this change order not been done. Mr. Ballard indicated that he did not believe the work for Change order number 1 has been done. Councilmember Huffman commented that this is a 4.6% over-run, roughly $52,000.00. Contingency funds for these project are set aside for unforeseen work. Understandably the $8,400.00 is for unforeseen work but he has a problem with poorly estimated quantities. Of the 57 bid items 30% of them were either over or under estimated by at least 25%. This is poor preliminary engineering. Councilmember Huffman asked if the City has a post review of its consultants work by city staff. Mr. Ballard indicated that staff does not do a formal review of the consultants work. The consultant should have known the parking lot was going to be torn up. Councilmember Tommy Spencer made a motion to approve Change Order No. 1 to the Agreement with Quantum Contracting, Inc., on Project No. 99-01.3, South Rockwall Paving Improvements in the amount $51,841.60 The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

12. CONSIDER APPROVAL OF CHANGE ORDER NO. 4 TO THE AGREEMENT WITH SPERLING CO. ON PROJECT NO. 99-01.2, WATER AND SEWER IMPROVEMENTS
City Manager Gordon Pierce recommended tabling Council consideration for Approval of Change Order No. 4 to the Agreement with Sperling Co. on Project No. 99-01.2, Water and Sewer Improvements. Mayor Pro tem Lee Schaeffer made a motion to table this item. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

13. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2045 - AMENDING SOLID WASTE COLLECTION AND DISPOSAL RATES AND CHARGES

First Reading
City Manager Gordon Pierce and Director of Public Works Steve Rogers presented to Council for discussion and consideration Approval of Ordinance No. 2045 - Amending Solid Waste Collection and Disposal Rates and Charges on first reading. Councilmember James Huffman made a motion to approve Ordinance No. 2045 - Amending Solid Waste Collection and Disposal Rates and Charges. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2045

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 24: SOLID WASTE COLLECTION AND DISPOSAL 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.

14. DISCUSS AND CONSIDER APPOINTMENTS TO THE TERRELL PARK BOARD

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Terrell Park Board. Mayor Pro tem Lee Schaeffer made a motion to table Appointments to the Terrell Park Board. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

15. DISCUSS AND CONSIDER AWARDING OF WASTEWATER LAB SERVICES, PROJECT NO. 01-61-02 FOR WASTEWATER TREATMENT PLANT AND PRETREATMENT DEPARTMENTS

City Manager Gordon Pierce and Sonny Groessel presented to Council for discussion and consideration Awarding of Wastewater Lab Services, Project No. 01-61-02 for Wastewater Treatment Plant and Pretreatment Departments. Councilmember James Huffman made a motion to approve Awarding of Wastewater Lab Services, Project No. 01-61-02 for Wastewater Treatment Plant and Pretreatment Departments to Ana-Lab Corporation in the amount of $23,510.00. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

16. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 391 - ADOPTION OF A COUNCIL RELATIONS POLICY AND CODE OF ETHICS

City Manager Gordon Pierce presented to Council for discussion and consideration Approval of Resolution No. 391 - Adoption of a Council Relations Policy and Code of Ethics. Councilmember Frances Anderson called for tabling this item. Councilmember Frances Anderson made a motion to table Resolution No. 391 - Adoption of a Council Relations Policy and Code of Ethics. The motion was seconded by Councilmember Tommy Spencer. Ayes - Frances Anderson, Tommy Spencer, Mayor Pro tem Lee Schaeffer. Nayes - James Huffman, Mayor Henry Madgwick. Motion carried.

City Manager Gordon Pierce recommended this item be placed on the workshop agenda for January 16, 2001.
RESOLUTION NO. 391

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS APPROVING THE ADOPTION OF A COUNCIL RELATIONS POLICY AND CODE OF ETHICS FOR CITY COUNCIL AND CITY STAFF FOR THE CITY OF TERRELL.

WHEREAS, the City of Terrell City Council desires to adopt a Council Relations Policy and Code of Ethics; and

WHEREAS, the purpose for the Council Relations Policy and Code of Ethics is to establish guidelines for the administration of local governance in Terrell; and

WHEREAS, the Council Relations Policy and Code of Ethics augments the City Charter and Rules of Procedure to ensure that members of the City Council, members of all appointed boards, and City Staff adhere to the highest moral, ethical, and legal principles; and

WHEREAS, adoption of the Council Relations Policy and Code of Ethics ensures the citizens of Terrell that proper restraint will be exercised in all matters before the City; and

WHEREAS, it is the intent of the City Council that all future appointed boards or commissions adhere to these guidelines.

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

SECTION 1: That the City Council of the City of Terrell hereby authorized the establishment of a Council Relations Policy and Code of Ethics.

SECTION 2: That the City Manager is hereby authorized to provide a copy of the Council Relations Policy and Code of Ethics to the members of all appointed boards and Staff.

SECTION 3: That this resolution shall become effective immediately upon its passage and approval.

PASSED AND APPROVED this the 16th day of January, 2001.

17. CONSIDER PLACING REPRESENTATIVE OF TXU ON JANUARY 16 COUNCIL AGENDA FOR BRIEFING ON SENATE BILL 7

City Manager Gordon Pierce presented to Council for consideration Placing Representative of TXU on January 16 Council Agenda for Briefing on Senate Bill 7. Council by consensus agreed to have a representative of TXU on January 16 Council Agenda for Briefing on Senate Bill 7.

18. DISCUSS AND CONSIDER AUTHORIZING TERRELL ECONOMIC DEVELOPMENT CORPORATION TO SUBMIT PAYMENT TO UNION PACIFIC RAILROAD FOR RAILROAD CROSSING AT METROCREST WAY AND U.S. 80

Danny Booth presented to Council for discussion and consideration authorizing Terrell Economic Development Corporation to Submit Payment to Union Pacific Railroad for Railroad Crossing at Metrocrest Way and U.S. 80. Councilmember James Huffman made a motion to approve Terrell Economic Development Corporation to Submit Payment to Union Pacific Railroad for Railroad Crossing at Metrocrest Way and U.S. 80 in the amount of $270,000.00. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

19. HEAR REMARKS FROM VISITORS

None were made.

OLD BUSINESS
CONSENT AGENDA

20. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2042 - REVISING THE WATER RATE PAID BY CUSTOMER WATER SUPPLY CORPORATIONS

City Manager Gordon Pierce presented to Council for discussion and consideration Adoption on Second Reading Ordinance No. 2042 - Revising the Water Rate Paid by Customer Water Supply Corporations. Mayor Pro tem Lee Schaeffer made a motion to adopt on Second Reading Ordinance No. 2042 - Revising the Water Rate Paid by Customer Water Supply Corporations. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2042

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 27: WATER SERVICE RATES, PARAGRAPH (6) RURAL WATER SUPPLY RATES, 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.

SECTION I.

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

THAT Appendix I, Fee Schedule, SECTION 27, WATER SERVICE RATES, PARAGRAPH (6) Rural Water Supply Rates, of the Revised Code of Ordinances of the City of Terrell, Texas, shall be and is hereby amended to read as follows:

SECTION I.

SECTION 27: WATER SERVICE RATES

(6) Rural Water Supply Rates. Customer rural water supply corporations will be charged $1.68 per 1,000 gallons of metered water.

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 unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and section so 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.

Ordinance No. 2042
Page 2

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 first reading this 5th day of December, 2000.
PASSED AND ADOPTED on second reading this 2nd day of January, 2001.

21. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:

A) DISCUSS REGISTRATION AND ATTENDANCE AT TML LEGISLATIVE BRIEFING AND LUNCHEON

22. ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH SECTION 551 OF THE TEXAS LOCAL GOVERNMENT CODE TO DISCUSS THE FOLLOWING:
B) SECTION 551.072 - REAL PROPERTY - SILENT WINGS MUSEUM
C) SECTION 551.072 - REAL PROPERTY - POTENTIAL INDUSTRIAL SITES
D) SECTION 551.072 - REAL PROPERTY - POTENTIAL INDUSTRIAL SITES
E) SECTION 551-074 - PERSONNEL MATTERS - CITY MANAGER EVALUATION

23. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION.

B) No action taken.
C) Mayor Pro tem Lee Schaeffer made a motion to approve the purchase of the McCord property +/- 375 acres @ $2,000.00 per acre, 8 percent interest rate, 20 year payoff, $100,000.00 down payment, No pre-payment penalty clause, Month to month grazing lease, and closing within 30 days. by the Terrell Economic Development Corporation The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.
D) Mayor Pro tem Lee Schaeffer made a motion to approve the purchase of the Renfro property +/- 21 acres @ $12,500.00 per acre with terms of: cash and closing within 30 days by the Terrell Economic Development Corporation. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.
E) Councilmember James Huffman made a motion to approve the addendum to the employment agreement of the City Manager as presented in executive session and authorize the Mayor to sign it. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

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

____________________________________
HENRY 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
All rights reserved

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