Minutes 

CITY COUNCIL MEETING

SEPTEMBER 1, 1998

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, September 1, 1998 in the City Council Chambers at 7:00 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 Madgwick called the meeting to order.

2. INVOCATION

Robert McBrian gave the opening prayer.

3. PRESENTATION OF ARLIE WHITE P.R.I.D.E. EMPLOYEE AWARD

Councilmember James Huffman presented Dee Dorsey with the Arlie Whie P.R.I.D.E. Award for the month of September.

4. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF AUGUST 18, 1998

Councilmember James Huffman had one minor correction on page 3 of 14 to strike "for reserve $7,500.00".

Councilmember Frances Anderson made a motion to amend the minutes of August 18, 1998 to strike "for reserve $7500.00". The motion was seconded by Councilmember Tommy Spencer. Ayes --all; Nayes - none. Motion carried.

5. CONDUCT A PUBLIC HEARING:
a) Conduct a public hearing for Zone Change Request on 10.978 acres immediately south of the south ends of Rockwall and Medora Streets from Agricultural to Single Family Zoning

Berry Halla, President of Life Rebuilders spoke for the Zone Change Request on 10.798 acres immediately south of the south ends of Rockwall and Medora Streets from Agricultural to Single Family Zoning. Councilmember Frances Anderson made a motion to close the public hearing. The motion was seconded by Councilmember Tommy Spencer. Ayes - all ;Nayes - none. Motion carried.

b) Conduct a public hearing for Specific Use Permit request for a temporary office building to be placed on the property located at 100 Highway 205

No one spoke for or against the Specific Use Permit request for a temporary office building to be placed on the property located at 100 Highway 205. Councilmember Tommy Spencer made a motion to close the public hearing. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

6. CONSIDER APPROVAL ON FIRST READING OF ORDINANCE #1940 - ZONE CHANGE TO SINGLE FAMILY ZONING

City Manager Gordon Pierce presented to the Council for consideration and approval on first reading of Ordinance #1940 - Zone Change to Single Family Zoning 1F2. Councilmember Frances Anderson made a motion to approve Ordinance #1940 - Zone Change to Single Family Zoning 1F2. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1940

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM AGRICULTURE (A) TO SINGLE-FAMILY RESIDENTIAL (1-F2) FOR PROPERTY LEGALLY DESCRIBED AS 10.978 ACRES OF JOHN C. HALE SURVEY, TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

7. CONSIDER APPROVAL ON FIRST READING OF ORDINANCE #1941 - SPECIFIC USE PERMIT FOR TEMPORARY OFFICE BUILDING

City Manager Gordon Pierce presented to the Council for consideration and approval on first reading of Ordinance #1941 - Specific Use Permit for temporary office building. Councilmember James Huffman made a motion to approve Ordinance #1941 - Specific Use Permit for two (2) temporary office buildings on first reading with time limited to twelve (12) months. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1941

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT ON PROPERTY LEGALLY DESCRIBED AS WALMART ADDITION (100 HWY. 205) OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

8. CONSIDER APPROVAL OF P&Z RECOMMENDATION CONCERNING FINAL PLAT AND VARIANCES PLAT OF PIONEER ADDITION, BLOCK B

Barry Halla and John Evans came before the Council and requested the Council waive the P&Z recommendation concerning Final Plat and variances plat of Pioneer Addition, Block B. Councilmember Frances Anderson made a motion to waive P&Z recommendation concerning final plat and variances plat of Pioneer Addition, Block B and the subdivision ordinance requirements with regard to the construction of the developers portion of the street at this time subject to deed restriction being placed on the conveyance of the fourteen (14) acres also owned by this developer. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

9. CONSIDER APPROVAL OF TOURISM AGREEMENT CONTRACT

City Manager presented to the Council for consideration and approval Tourism Agreement Contract. Councilmember James Huffman presented to the Council the following suggestions:

On October 1, 1998 the Chamber would be advanced a portion of the available Hotel/Motel Tax Revenue. In November 1998, the Chamber would be funded the balance of the first quarter payment due to the Chamber. For the remained of the contract the Chamber would be reimbursed based on a reimbursement request each quarter from the available Hotel/Motel Tax Fund.

Dr. Horace Flatt came before the Council and spoke in support of the contract with the addition changes. He added the following:

James Huffman made a motion calling for a six month proposed temporary contract incorporating his suggestions discussed in Workshop.

Danny Booth suggesting adoption of existing contract through the 1st quarter of 1998 so the Chamber can plan the Heritage Jubilee. Councilmember James Huffman amended the motion to have Gordon Pierce work out a six month proposal in accordance with the current contract to include the City Secretary will pay all the expenses incurred by the Chamber during that time. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion Carried.

The Council motion was never implemented. This was pointed out at a previous Council Meeting by Danny Booth when he stated he was operating without a contract placing the City in the position of dispursing money without a contract in place. When the six month period expired another hearing was held. Another decision made and no contract. The previous problems that occurred would not have occurred if the Council decisions were followed. It was a bad precedence and should not be repeated. Mayor Henry Madgwick added he believed the Council fully agree with his statement and he felt with the changes added to the contract, the situation should not occur again.

Councilmember Lee Schaeffer made a motion to table Tourism Agreement Contract until September 10, 1998. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

10. CONSIDER APPROVAL OF T.E.D.C. RECOMMENDATION OF APPROVAL OF CHANGE ORDER #5 TO THE AGREEMENT WITH TISEO PAVING (AIRPORT ROAD/INDUSTRIAL BLVD. PROJECT)

City Manager Gordon Pierce and City Engineer Stan Ballard presented to Council for approval T.E.D.C. Recommendation of approval of Change Order #5 to the Agreement with Tiseo Paving (Airport road/Industrial Blvd. Project. Councilmember Tommy Spencer made a motion to approve Change Order #5 to the Agreement with Tiseo Paving (Airport Road/Industrial Blvd. Project with a 45 calendar day extension. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

11. CONSIDER APPROVAL OF T.E.D.C. RECOMMENDATION OF AMENDING AGREEMENT WITH PSA ENGINEERING REGARDING CONSTRUCTION MANAGEMENT FEES (AIRPORT ROAD/INDUSTRIAL BLVD. PROJECT)

City Engineer Stan Ballard presented to Council for approval T.E.D.C. recommendation of amending agreement with PSA Engineering regarding construction management fees (Airport Road/Industrial Blvd. Project). Councilmember James Huffman made a motion to approve amending the agreement with PSA Engineering regarding construction management fees (Airport Road/Industrial Blvd. Project) in the amount of $29,650.00. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

12. CONSIDER BIDS AND AWARD OF CONTRACT FOR RAIL EXTENSION TO THE GOODYEAR TIRE & RUBBER COMPANY

City Manager Gordon Pierce and Danny Booth presented to the Council for consideration bid and award of contract for rail extension to the Goodyear Tire & Rubber Company. Councilmember James Huffman made a motion authorize T.E.D.C. to award contract to Lone Star Railroad Contractors, Inc. in the amount of $1,030,805.46. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

13. DISCUSS AND CONSIDER CHANGE ORDER #1 - STREET IMPROVEMENTS, PROJECT NO. 97.01.7.

City Manager Gordon Pierce and City Engineer Stan Ballard presented to Council for consideration Change Order #1 - Street Improvements, Project No. 97.01.7. Discussion: Councilmember Tommy Spencer wanted to know when the street would be repaired.

Councilmember James Huffman made a motion to approve Change Order #1 - Street Improvements, Project No. 97.01.7. The motion was seconded by Councilmember Lee Schaeffer. Ayes - James Huffman, Lee Schaeffer, Tommy Spencer. Nayes - Frances Anderson. Motion carried.

14. CONSIDER BIDS AND AWARD OF CONTRACT ON THE FOLLOWING:

c) Credit Cards for purchase of fuel
d) Removal of underground storage tanks
e) Employee insurance coverage

D. City Manager Gordon Pierce and Director of Public Works Steve Rogers presented to Council for consideration bids for award of contract for removal of underground storage tanks. Councilmember Frances Anderson made a motion to award contract for removal of underground storage tanks to Environmental Reconstruction Services, Inc. in the amount of $28,900.00 The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

C. Director of Public Works Steve Rogers presented to Council for consideration bids for award of contract for credit card purchase of fuel. Councilmember Frances Anderson made a motion to award contract for credit card purchase of fuel to Exxon Fleet Card Program. The motion was seconded by Councilmember Tommy Spencer Spencer. Ayes - all; Nayes - none. Motion carried.

E. City Manager Gordon Pierce and Personnel Director Carol Holland presented to Council for consideration bids for award of contract for employee insurance coverage. Councilmember Lee Schaeffer made a motion to award contract to United Healthcare for Group Health insurance, Ameritas Life for Group Dental insurance and AD&D for group life and accidental death and dismemberment. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

15. CONSIDER APPROVAL ON FIRST READING OF ORDINANCE #1939 - AMENDING PRIVATE CLUB RESTRICTIONS

City Manager Gordon Pierce presented to Council for approval Ordinance #1939 - Amending Private Club Restrictions on first reading. Councilmember Lee Schaeffer made a motion to approve Ordinance #1939 - Amending Private Club Restrictions on first reading. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1939

AN ORDINANCE AMENDING CHAPTER 5, SECTION 2; SUBSECTION C; OF THE CITY OF TERRELL CODE OF ORDINANCES; REGULATING THE SALE OF ALCOHOLIC BEVERAGES NEAR CHURCHES, PUBLIC HOSPITALS, PUBLIC SCHOOLS, OR OTHER EDUCATIONS INSTITUTIONS PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

16. CONSIDER APPROVAL OF LETTER OF SUPPORT TO TxDOT REGARDING DIRECTIONAL SIGNS TO THE VISITORS CENTER AT TANGER

City Manager Gordon Pierce presented to Council for approval letter of support to TxDOT regarding directional signs to the Visitors Center at Tanger Mall. Councilmember Frances Anderson made a motion to approve letter of support to TxDOT regarding directional signs to the visitors center at Tanger. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

17. CONSIDER APPROVAL OF RESALE PROPERTY DESCRIBED AS PHAGAN ADDITION, BLOCK 6, LOTS 5-6

City Manager Gordon Pierce presented to the Council for approval of resale property described as Phagan Addition, Block 6, Lots 5-6. Councilmember Lee Schaeffer made a motion to approve resale of property described as Phagan Addition, Block 6, Lots 5-6. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

18. CONSIDER BOARD APPOINTMENTS FOR CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS

City Manager Gordon Pierce presented to the Council for approval board appointments for Construction Board of Adjustments and Appeals. Councilmember Tommy Spencer made a motion to appoint Bob Watson, Kelly Lane, and Douglas Howie, Sr. for 3 years, Steve O'Reilly, and James Heidleberg for 2 years, and Bill Miller and Jean Ann Ables-Flatt for 1 year. The motion was seconded by Councilmember Lee Schaeffer. Council Frances Anderson and Councilmember James Huffman did not vote. Mayor - ayes - all; Nayes - none. Motion carried.

19. CONSIDER ADOPTION OF RESOLUTION NO. 328 - ADOPTING EMPLOYEE TRAVEL POLICY

City Manager Gordon Pierce presented to Council for consideration Resolution No. 328 - Adopting Employee Travel Policy. Councilmember Tommy Spencer made a motion to approve Resolution No. 328 - Adopting Employee Travel Policy. The motion was seconded by Councilmember James Huffman. Ayes - all; nayes - none. Motion carried.

RESOLUTION NO. 328

A RESOLUTION OF THE CITY OF TERRELL COUNCIL OF THE CITY OF TERRELL, TEXAS ADOPTING AN AMENDMENT TO THE CITY OF TERRELL EMPLOYEE HANDBOOK.

WHEREAS~ the City of Terrell has the authority to adopt rules and regulations for the orderly handling of the personnel employed by said city; and

WHEREAS, this resolution is not to be construed as a contractual agreement between employer and employees, but is intended as a statement of policies to be followed by the City of Terrell in its relations with its employees; and

WHEREAS, the City Council of the City of Terrell is of the opinion that it will be to the best interest of the city to prepare a Travel Policy Amendment.

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

THAT, the personnel policy Chapter 18, Travel Policy of the City of Terrell, dated June 1, 1998, as heretofore prepared, be hereby in all things approved and adopted as the amendments for the employees of the City of Terrell, and all of the personnel, excepting those employees covered by Local Government Code, Chapter 143, of the City of Terrell shall be so governed thereby; provided, however that the City council of the City of Terrell shall from time to time have the right to make amendments to said policy, no person or employee of the City shall have any vested contractual rights under such handbook, and all privileges, not spelled out in this document shall be deemed to belong to the City of Terrell.

PASSED AND APPROVED THIS THE 1ST DAY OF SEPTEMBER 1998.

20. CONSIDER APPROVAL OF PROPOSED ORGANIZATIONAL CHARTS

City Manager Gordon Pierce presented to Council for approval the proposed organizational chart. Discussion: Councilmember Tommy Spencer wanted to know who is the Financial Services Director. Gordon Pierce responded that John Rounsavall will serve in that capacity and will actually have triple reporting.

Councilmember Lee Schaeffer made a motion to approve the proposed organizational chart. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

21. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, SECTION 551.071, CONTEMPLATED LITIGATION, JAMBALA PARTNERS, L.L.C.

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

No action was taken in executive session.

23. RECEIVE CITY MANAGER'S REPORT AND CORRESPONDENCE

City Manager Gordon Pierce presented his report and correspondence to the Council.

24. HEAR REMARKS FROM VISITORS

25. 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 Council Meeting
September 1, 1998

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