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Minutes 

REGULAR CITY COUNCIL MEETING

JANUARY 16, 2001

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, January 16, 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

Councilmember Tommy Spencer gave the opening prayer.

3. PRESENTATION TO BOY SCOUTS OF AMERICA TROOP NO. 390

Mayor Henry C. Madgwick presented a proclamation declaring January 16, 2001 Jason McCoy and Joshua D. Lindsey Day.

4. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF JANUARY 2, 2001

Councilmember Frances Anderson made a motion to approve the City Council Regular Meeting Minutes of January 2, 2001. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING
5.
a) CONDUCT A HEARING TO RECEIVE PUBLIC COMMENT ON A REQUEST FOR ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 1C & LOT 2, BLOCK 114, TERRELL WESTERN ADDITION FROM THE CURRENT ZONING OF TWO-FAMILY (2F) TO RETAIL (R)

Mayor Henry C. Madgwick opened the public hearing to receive Public Comment on a Request for Zone Change on Property Described as Lots 1C & Lot 2, Block 114, Terrell Western Addition from the Current Zoning of Two-Family (2F) to Retail (R). No one spoke for the zone change. Suzanne Baker - 803 West Nash Street, Phil and Terry Duke - 705 West High Street speaking on behalf of Chris and Tammy Womack - 702 West High, Jim Pickens property owner Block 115 T2 and 1C west of the proposed zone change and Brian Jobe residing at Block 111 2A that is the property east of the proposed zone change spoke against the zone change. Mayor Henry C. Madgwick closed the hearing.

b) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2047 - REQUEST FOR ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 1C & LOT 2, BLOCK 114, TERRELL WESTERN ADDITION FROM THE CURRENT ZONING OF TWO-FAMILY (2F) TO RETAIL (R)

Councilmember James Huffman made a motion to deny Ordinance No. 2047 - Request for Zone Change on Property Described as Lots 1C & Lot 2, Block 114, Terrell Western Addition from the Current Zoning of Two-Family (2F) to Retail (R). The motion was seconded by Councilmember Frances Anderson. Mayor Pro tem Lee Schaeffer abstained. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2047

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM TWO-FAMILY (2F) TO RETAIL (R) ON PROPERTY DESCRIBED AS LOT 1C AND LOT 2, BLOCK 114, TERRELL WESTERN ADDITION, TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

6.
c) CONDUCT A HEARING ON A REQUEST FOR A SPECIFIC USE PERMIT TO CONSTRUCT A TELECOMMUNICATION TOWER ON PROPERTY DESCRIBED AS LOT 22, BLOCK 13, TERRELL ORIGINAL, ZONED LIGHT INDUSTRIAL (LI)

Mayor Henry C. Madgwick opened the public hearing to receive Public Comment on a Request for a Specific Use Permit to Construct a Telecommunication Tower on Property Described as Lot 22, Block 13, Terrell Original, Zoned Light Industrial. No one spoke for the zone change. No one spoke against the zone change. Mayor Henry C. Madgwick closed the hearing.

d) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2048 - SPECIFIC USE PERMIT TO CONSTRUCT A TELECOMMUNICATION TOWER ON PROPERTY DESCRIBED AS LOT 22, BLOCK 13, TERRELL ORIGINAL, ZONED LIGHT INDUSTRIAL (LI).

City Manager Gordon Pierce and Municipal Development Director Will Cole presented to Council for discussion and consideration Ordinance No. 2048 Specific Use Permit to Construct a Telecommunication Tower on Property Described as Lot 22, Block 13, Terrell Original, Zoned Light Industrial (LI). Councilmember James Huffman made a motion to table Ordinance No. 2048 - Specific Use Permit to Construct a Telecommunication Tower on Property Described as Lot 22, Block 13, Terrell Original, Zoned Light Industrial (LI). The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2048

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT ON PROPERTY DESCRIBED AS LOT 22, BLOCK 13, TERRELL ORIGINAL OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

7.
e) CONDUCT A HEARING TO RECEIVE PUBLIC COMMENT ON A REQUEST FOR ZONE CHANGE ON PROPERTY DESCRIBED AS LOT 5, BLOCK 5, TERRELL HEIGHTS ADDITION FROM CURRENT ZONING OF ONE-FAMILY (1-F2) TO TWO-FAMILY (2F)

Mayor Henry C. Madgwick opened a Hearing to Receive Public Comment on a Request for Zone Change on Property Described as Lot 5, Block 5, Terrell Heights Addition from Current Zoning of One - Family (1-F2) to Two-Family (2F). City Manager Gordon Pierce Presented the Request for Zone Change on Property Described as Lot 5, Block 5, Terrell Heights Addition from Current Zoning of One - Family (1-F2) to Two-Family (2F). No one spoke for or against the Zone Change on Property Described as Lot 5, Block 5, Terrell Heights Addition from Current Zoning of One-Family (1-F2) to Two-Family (2F). Mayor Henry Madgwick closed the public hearing.

f) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2049 - ZONE CHANGE ON PROPERTY DESCRIBED AS LOT 5, BLOCK 5, TERRELL HEIGHTS ADDITION FROM CURRENT ZONING OF ONE-FAMILY (1-F2) TO TWO-FAMILY (2F)

Councilmember Frances Anderson made a motion to table Ordinance No. 2049 - Zone Change on Property Described as Lot 5, Block 5, Terrell Heights Addition from Current Zoning of One-Family (1-F2) to Two-Family (2F). The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2049

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM ONE-FAMILY(1F2) TO TWO-FAMILY (2F) ON PROPERTY DESCRIBED AS LOT 5 AND, BLOCK 5, TERRELL HEIGHTS ADDITION, TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

NEW BUSINESS

8. DISCUSS AND CONSIDER TERRELL ECONOMIC DEVELOPMENT CORPORATION QUARTERLY FINANCIAL REPORT

Bob Watson Treasurer of Terrell Economic Development Corporation presented to Council for discussion and consideration Terrell Economic Development Corporation Quarterly Financial Report. Mayor Henry C. Madgwick questioned the monthly expenditures of the Terrell Chamber of Commerce showing more than the $6,000.00 budgeted for each month. The Council had asked the $6,000.00 be explained in detail and only received monthly totals of $9,000.00 plus. The Mayor called upon Mr. Watson to explain in detail what the Chamber spent the $6,000.00 for. After much debate The Terrell Chamber was instructed to present a detailed breakdown of expenses as they apply to the contracted amount of $6,000.00. Councilmember James Huffman made a motion to accept the Terrell Economic Development Corporation Quarterly Financial Report. Mayor Pro tem Lee Schaeffer seconded the motion Ayes - all; Nayes - None.

9. DISCUSS AND CONSIDER TERRELL ECONOMIC DEVELOPMENT CORPORATION RECOMMENDATION FOR PROJECT GOLF

Danny Booth presented to Council for discussion and consideration Terrell Economic Development Corporation Recommendation for Project Golf. Mayor Pro tem Lee Schaeffer made a motion to approve Terrell Economic Development Corporation Recommendation for Project Golf for sale of +/- 2 acres @ $10,000.00 per acre and lease for 5 years +/- 17 acres at $100.00 per acre per year totaling $1,700.00 annually with a 5 year option. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

10. RECEIVE REPORT FROM TXU REGARDING DEREGULATION AND SENATE BILL 7

Charles Hill, Jim McCormick, and Gerald Gotcher, representatives of TXU, presented to Council Report from TXU Regarding Deregulation and Senate Bill 7. Council received report. No action taken.

11. DISCUSS AND CONSIDER REQUEST FOR EXCEPTION TO ORDINANCE NO. 1976 - EXTERIOR ELEVATION REQUIREMENTS ON PROPERTY DESCRIBED AS LOT 10, BLOCK 1, HOWARD ADDITION

City Manager Gordon Pierce and Municipal Development Director Will Cole presented to Council for discussion and consideration Exception to Ordinance No. 1976 - Exterior Elevation Requirements on Property Described as Lot 10, Block 1, Howard Addition. Councilmember James Huffman made a motion to follow the recommendation of the Planning and Zoning Commission to approve the request for Exception to Ordinance No. 1976 - Exterior Elevation Requirements on Property Described as Lot 10, Block 1, Howard Addition. The motion was seconded by Mayor Henry C. Madgwick. Councilmember Lee Schaeffer called for further discussion on the matter to be clear on whether a person down the street from this location was required to brick it even though it was behind a metal building; if it was an add-on to what he had and it was blocked off by a fence. He doubted that this property is blocked off by a fence. What was a small metal building is now a larger metal building and is covered by the ordinance. Councilmember Frances Anderson wanted to know where is the Council going to stop or begin. Ayes - James Huffman, Henry Madgwick. Nayes - Lee Schaeffer, Frances Anderson, Tommy Spencer. Motion denied.

12. DISCUSS AND CONSIDER APPROVAL OF FINAL PLAT FOR LOTS 1-19, BLOCK A, LOTS 1-9, BLOCK B, LOTS 1-27, BLOCK C, MOUNT CALVARY ADDITION, A RESIDENTIAL PLANNED DEVELOPMENT

City Manager Gordon Pierce advised the Council that Mr. Gibbs requested the item be withdrawn and placed on a future agenda. No action taken by Council.

13. DISCUSS AND CONSIDER REQUEST FROM THE DALLAS-FORT WORTH GOLDEN RETRIEVER CLUB FOR USE OF OLD CITY LAKE

City Manager Gordon Pierce and Richard Caldwell presented to Council for discussion and consideration Request from the Dallas-Fort Worth Golden Retriever Club for Use of Old City Lake. This AKC sanctioned hunting test is held all over the country and involves the use of approximately 200 dogs. The dogs will be retrieving ducks. Firearms are involved. The shotgun shell is filled with birdseed. Alcohol is not a necessary part of the program. Councilmember Frances Anderson indicated that she was not aware that these trials had been held in Terrell before. Danny Booth representing the Terrell Chamber of Commerce indicated the Golden Retriever Club has come to Terrell a number of times in the past 10 years and used Camp Wildwood at Terrell State Hospital as well as the old city lake. Mr. Booth indicated the group brings a good deal of business to Terrell when the event is held here. Councilmember James Huffman made a motion to approve the Request from the Dallas - Fort Worth Golden Retriever Club for Use of Old City Lake with no live fire and prohibit liquor. The motion was seconded by Mayor Pro tem Lee Schaeffer. Councilmember Frances Anderson called for a discussion. Councilmember Frances Anderson wanted to know who is going to be looking for any drinking and firearms during this event. Mr. Caldwell explained that AKC rules require that all weapons be put away and secure before any liquor can be consumed, but since the Council is not going to permit liquor anyway the issue is mute. The audience is typically made of participants and their families. The program provides a safe venue for the training of dogs and the people who enjoy the sport of hunting using retrieving dogs. The organization would also provide a certificate of liability as well. Ayes - James Huffman, Henry Madgwick, Lee Schaeffer, Tommy Spencer; Nayes - Frances Anderson. Motion carried.

14. RECEIVE QUARTERLY PROGRESS REPORT FROM KAUFMAN COUNTY SOLID WASTE COOPERATIVE

Charlotte Gilmore representing the Kaufman County Solid Waste Cooperative, presented to Council the Quarterly Progress Report from Kaufman County Solid Waste Cooperative. Council received report. No action taken on this item.

15. DISCUSS AND CONSIDER LICENSE AGREEMENT FOR SILO ON 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 and Carter Furgerson representing the prospective buyer presented to Council for discussion and consideration his License Agreement for Silo on 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. Councilmember James Huffman made a motion to direct the City Attorney to negotiate a license with buyer's attorney and place the item on the February 6th Council agenda. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

18. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 392 - APPROVAL OF ADMINISTRATIVE PLAN FOR THE CITY OF TERRELL HOUSING DEPARTMENT

Debbie Zajac, Housing Director presented to Council for discussion and consideration Resolution No. 392 - Approval of Administrative Plan for the City of Terrell Housing Department. Mayor Pro tem Lee Schaeffer made a motion to approve Resolution No. 392 - Approval of Administrative Plan for the City of Terrell Housing Department. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 392

A RESOLUTION APPROVING THE ADMINISTRATIVE PLAN FOR THE CITY OF TERRELL HOUSING DEPARTMENT.

WHEREAS, the purpose of the Administrative Plan is to establish policies for carrying out the programs in a manner consistent with HUD regulations and local goals and objectives contained in the Agency Plan.

WHEREAS, the Housing Agency is responsible for complying with all changes in HUD regulations pertaining to the programs.

WHEREAS, the Housing Agency will revise the Administrative Plan as needed to comply with changes in HUD regulations.

BE IT RESOLVED, that the City Council of the City of Terrell, Texas, (acting as the Board of Commissioners for the Section 8 Rental Assistance Program) hereby approves for submission the attached Administrative Plan.

Approved this the 16th day of January, 2001.

16. DISCUSS AND CONSIDER TRANSFER OF LAND FROM KAUFMAN COUNTY - LOT 5, BLOCK 271, WALTER JOHNS SUBDIVISION, LOTS 1A, 1B, 2-6, BLOCK 10, NELSON SUBDIVISION

City Manager Gordon Pierce presented to Council for discussion and consideration Transfer of Land from Kaufman County - Lot 5, Block 271, Walter Johns Subdivision, Lots 1A, 1B, 2-6, Block 10, Nelson Subdivision. Mayor Pro tem Lee Schaeffer made a motion to approve Transfer of Land from Kaufman County - Lot 5, Block 271, Walter Johns Subdivision, Lots 1A, 1B, 2-6, Block 10, Nelson Subdivision for a total amount of $994.60. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

17. DISCUSS AND CONSIDER APPOINTMENTS TO TERRELL PARK BOARD

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to Terrell Park Board. Councilmember James Huffman made a motion to re-appoint Terry Turner, Rayford Harwell and Robert Lee to the Terrell Park Board. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

19. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2043 - BUDGET AMENDMENT

City Manager Gordon Pierce presented to Council for discussion and consideration Approval of Ordinance No. 2043 - Budget Amendment on first reading. Councilmember Frances Anderson made a motion to approve Ordinance No. 2043 - Budget Amendment on first reading. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2043

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 2000, AND ENDING SEPTEMBER 30, 2001, AS PASSED AND ADOPTED ON SEPTEMBER 5, 2000, TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

20. 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 James Huffman made a motion to approve Resolution No. 391 - Adoption of a Council Relations Policy and Code of Ethics. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

21. HEAR REMARKS FROM VISITORS

No remarks were made.

OLD BUSINESS
CONSENT AGENDA

22. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2045 - AMENDING SOLID WASTE COLLECTION AND DISPOSAL RATES AND CHARGES

City Manager Gordon Pierce presented to Council for discussion and consideration Adoption on Second Reading Ordinance No. 2045 - Amending Solid Waste Collection and Disposal Rates and Charges. Councilmember James Huffman made a motion to adopt on Second Reading 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.

SECTION I.

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

THAT Appendix I, Fee Schedule, SECTION 24, SOLID WASTE COLLECTION AND DISPOSAL RATES AND CHARGES of the Revised Code of Ordinances of the City of Terrell, Texas, shall be deleted in its entirety and read as follows:

SECTION I.

SECTION 24: SOLID WASTE COLLECTION AND DISPOSAL RATES AND CHARGES

The following rates shall apply for solid waste handling services within the City of Terrell and at its Convenience Station facilities. Wastes from outside of Kaufman County will not be handled.

(1) Collection Services

(a) Residential Rate - All residential units shall be charged $8.02 per month for twice a week collection.

(b) Commercial Hand Collect - All commercial hand collect will be charged $19.00 per month for twice a week collection for one (1) Poly Cart Container. Customers with two (2) carts will be charged $24.95 per month for twice a week collection. Each business with Commercial Hand Collect will enter into an agreement with the City for services and billing will be on the monthly utility bill.

(2) Convenience Station Disposal Service

A. Vehicles:
(a) Car $ 7.50
(b) Small to 1/2 ton pickup truck (bed level) $ 15.00
(c) Small to 1/2 ton pickup truck (above bed level) $ 30.00
(d) 1-Ton or larger pickup truck (bed level) $ 25.00
(e) 1-Ton or larger pickup truck (above bed level) $ 45.00

B. Trailers
(a) 4 X 8 Trailer $ 25.00
(b) 4 X 8 Trailer (with side frames) $ 40.00
(c) 1-Axle 6 X 10 Cattle trailer or 12-ft flatbed (no sides) $ 50.00
(d) 2-Axle 6 X 16 Flatbed $ 60.00
(e) 2-Axle 6 X 16 Cattle Trailer $105.00
(f) Grain Trailer (5 X 20 X 8) $150.00
(g) (Price Based upon Cubic Yards)
Custom Pricing ___H x ____W x L /27 x $6.00/c.y.

(3) Definitions for Convenience Station Disposal Service

A. City of Terrell - refers to waste generated within the corporate limits of the City of Terrell.
B. County - refers to waste from outside of Terrell City limits, yet within Kaufman County.
C. Terrell State Hospital - No charge to Terrell State Hospital for use of Convenience Station Disposal service.
D. All other governmental entities shall be charged City of Terrell rates.

SECTION II.

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

Ordinance No. 2045
Page 2

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.

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 2nd day of January, 2001.
PASSED AND ADOPTED on second reading this 16th day of January, 2001.

23. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:

City Manager Gordon Pierce presented Manager's Reports and Correspondence to Council:

g) Letter of Commendation to Police Department

h) 2001 Compensation Plan Update

i) Kaufman County Day Registration

24. ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH SECTION 551 OF THE TEXAS LOCAL GOVERNMENT CODE TO DISCUSS THE FOLLOWING: SECTION 551.072 - REAL PROPERTY - SILENT WINGS MUSEUM

25. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEM DISCUSSED IN EXECUTIVE SESSION

There was no action taken in Executive Session.

26. 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
 

Copyright  2001
City of Terrell
All rights reserved

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