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REGULAR CITY COUNCIL MEETING OCTOBER 3, 2000 5:30 P.M. A regular meeting of the Terrell City Council was held on Tuesday, October 3, 2000 in the City Council Chambers at 5:30 P.M. with the following members present: COUNCILMEMBER #1 HENRY C. MADGWICK 1. CALL TO ORDER Mayor Henry Madgwick called the meeting to order. 2. INVOCATION Chuck Schorlemmer gave the opening prayer. 3. ARLIE WHITE P.R.I.D.E. EMPLOYEE AWARD PRESENTATION FOR FOURTH QUARTER Mayor Henry Madgwick presented Guinn Swagerty the Arlie White P.R.I.D.E. Employee Award Presentation for Fourth Quarter. 4. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF SEPTEMBER 19, 2000 Councilmember Frances Anderson made a motion to approve the City Council Regular Meeting Minutes of September 19, 2000. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes -none. Motion carried. NEW BUSINESS 5. DISCUSS AND CONSIDER PLANNING AND ZONING RECOMMENDATION TO APPROVE FINAL PLAT FOR LOTS 1-103, FOREST CREEK ADDITION, A 32.273 ACRE TRACT IN THE J. McENTURFF SURVEY, ABSTRACT A-340 Will Cole, Director of Municipal Development presented to Council for discussion and consideration Planning and Zoning Recommendation to Approve Final Plat for Lots 1-103, Forest Creek Addition, a 32.273 Acre Tract in the J. McEnturff Survey, Abstract A-340. Mayor Henry Madgwick called upon Mr. Steve McGinnis to discuss the easement for sanitary sewer. Councilmember James Huffman made a motion to approve the Planning and Zoning Recommendation to Approve Final Plat for Lots 1-103, Forest Creek Addition, a 32.273 Acre Tract in the J. McEnturff Survey, Abstract A-340 subject to developer obtaining sanitary sewer easement. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes -none. Motion carried.
6. DISCUSS AND CONSIDER AWARD OF CONTRACT FOR ARCHITECTURAL SERVICES City Manager Gordon Pierce recommended Council pass this item to the October 17, 2000 agenda. Councilmember Frances Anderson made a motion to table Award of Contract for Architectural Services. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried. 7. DISCUSS AND CONSIDER REQUEST FOR RESALE OF PROPERTY DESCRIBED AS: a) Lots 26-27, Block 8, Terrell Phagan Addition
c) Lot 1C & 4A, Block 30, Terrell Original
City Manager Gordon Pierce presented to Council for discussion and consideration Request for Resale of Property described as Lots 26-27, Block 8, Terrell Phagan Addition; Lot 4F, Block 36, Terrell Original; Lot 1C & 4A, Block 30, Terrell Original; and Lot 31, Block 3, Terrell Phagan Addition. Mayor Pro tem Lee Schaeffer made a motion to approve Resale of Property described as Lots 26-27, Block 8, Terrell Phagan Addition; Lot 4F, Block 36, Terrell Original; Lot 1C & 4A, Block 30, Terrell Original; and Lot 31, Block 3, Terrell Phagan Addition. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried. 8. DISCUSS AND CONSIDER EAST TEXAS MEDICAL CENTER REQUEST FOR INCREASE OF USER-FEES FOR NON-MEDICARE PATIENTS BY $200.00 City Manager Gordon Pierce and Tony Myers representing East Texas
Medical Center presented to Council for discussion and consideration
East Texas Medical Center Request for Increase of User-Fees for
Non-Medicare Patients by $200.00. Councilmember James Huffman
made a motion to approve East Texas Medical Center Request for
Increase of User-Fees for Non-Medicare Patients by $200.00. The
motion was seconded by Councilmember Tommy Spencer. Ayes - all;
Nayes -none. Motion carried. Mayor Henry Madgwick - no vote.
12. DISCUSS AND CONSIDER BID AWARD FOR WATER CLAMPS AND TAPPING
SADDLES, BID NO. 01-52-01
City Manager Gordon Pierce presented to Council for discussion
and consideration Bid Award for Agenda Items 10 through 14. Councilmember
Frances Anderson made a motion to approve by consent agenda items
10 through 14 to the low bidder meeting specifications. The motion
was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes
-none. Motion carried.
City Manager Gordon Pierce and City Engineer Stan Ballard presented
to Council for discussion and consideration Bids and Award of
Contract on Raw Water Pump Station Improvements (Project No. 96-06).
Mayor Henry Madgwick made a motion to approve Bid and Award Contract
on Raw Water Pump Station Improvements ((Project No. 96-06) to
Red River Construction Company with Alternates 1 and 2. The motion
was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes
- none. Motion carried.
Stan Ballard, City Engineer presented to Council for discussion and consideration Approval of Ordinance No. 2037 - Establishing a Speed Limit on F.M. Highway 2578. Councilmember Frances Anderson made a motion to approve Ordinance No. 2037 - Establishing a Speed Limit on F.M. Highway 2578 on first reading. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried. ORDINANCE NO. 2037 SPEED ZONE ON F.M. 2578 AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UPON F.M. HIGHWAY NO. 2578, WITHIN THE CORPORATE LIMITS OF THE CITY OF TERRELL, AS SET OUT IN THIS ORDINANCE; AND PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR VIOLATION OF THIS ORDINANCE.
Stan Ballard, City Engineer presented to Council for discussion and consideration Approval of Ordinance No. 2034 - Vacating Certain Rights of Way Within the Irvine Addition. City Manager Gordon Pierce stated the city will notify property owners. Councilmember James Huffman made a motion to approve Ordinance No. 2034 - Vacating Certain Rights of Way Within the Irvine Addition on first reading. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried. ORDINANCE NO. 2034 AN ORDINANCE VACATING AND ABANDONING CERTAIN RIGHTS-OF-WAY WITHIN
THE IRVINE ADDITION, CITY OF TERRELL, KAUFMAN COUNTY, TEXAS.
e) Resolution No. 380 - Transfer of Property described as Lot 1C, Block 194, Irvine Addition for the First Time Homebuyer Program RESOLUTION NO. 380 WHEREAS, the City of Terrell is participating in the Texas Department of Housing and Community Affairs HOME Program, specifically the First Time Homebuyer Down Payment Assistance Program. WHEREAS, the City of Terrell, in conjunction with the TDHCA program, is conveying resale lots, for construction of a home, to qualified buyers participating in this program. WHEREAS, it is the City's intention to deed the following lot, contingent upon, and simultaneously with, the closing of the 1st lien mortgage and the 2nd lien Down Payment Assistance: Lot 1C, Block 194, Irvine Addition WHEREAS, if for whatever reason the Buyer does not begin construction within a six (6) month period, the property will revert back to the City of Terrell. WHEREAS, the Mayor is authorized to sign the Warranty Deed conveying the property to the above referenced buyer. APPROVED THIS 3RD DAY OF OCTOBER, 2000. f) Resolution No. 381 - Transfer of Property Described as Lots 47-49, Phagan Addition for the First Time Homebuyer Program RESOLUTION NO. 381 WHEREAS, the City of Terrell is participating in the Texas Department of Housing and Community Affairs HOME Program, specifically the First Time Homebuyer Down Payment Assistance Program. WHEREAS, the City of Terrell, in conjunction with the TDHCA program, is conveying resale lots, for construction of a home, to qualified buyers participating in this program. WHEREAS, it is the City's intention to deed the following lot, contingent upon, and simultaneously with, the closing of the 1st lien mortgage and the 2nd lien Down Payment Assistance: Lots 47-49, Phagan Addition WHEREAS, if for whatever reason the Buyer does not begin construction within a six (6) month period, the property will revert back to the City of Terrell. WHEREAS, the Mayor is authorized to sign the Warranty Deed conveying the property to the above referenced buyer. APPROVED THIS 3RD DAY OF OCTOBER, 2000. g) Resolution No. 382 - Transfer of Property Described as Lot 1, Block 9, Highland Addition for the First Time Homebuyer Program City Manager Gordon Pierce and Debbie Zajac, Director of Housing presented to Council for discussion and consideration Resolution No. 380, 381 and 382. Councilmember Frances Anderson made a motion to approve by consent Resolution No. 380, 381 and 382 for the First Time Homebuyer Program. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes -none. Motion carried. RESOLUTION NO. 382 WHEREAS, the City of Terrell is participating in the Texas Department of Housing and Community Affairs HOME Program, specifically the First Time Homebuyer Down Payment Assistance Program. WHEREAS, the City of Terrell, in conjunction with the TDHCA program, is conveying resale lots, for construction of a home, to qualified buyers participating in this program. WHEREAS, it is the City's intention to deed the following lot, contingent upon, and simultaneously with, the closing of the 1st lien mortgage and the 2nd lien Down Payment Assistance: Lot 11, Block 9, Highland Addition WHEREAS, if for whatever reason the Buyer does not begin construction within a six (6) month period, the property will revert back to the City of Terrell. WHEREAS, the Mayor is authorized to sign the Warranty Deed conveying the property to the above referenced buyer. APPROVED THIS 3RD DAY OF OCTOBER, 2000. 19. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 383 - AUTHORIZING THE USE OF SECTION 8 OPERATING RESERVES FOR THE RAISE THE ROOF VOLUNTEER HOME REPAIR PROGRAM FOR FISCAL YEAR 2000-2001 City Manager Gordon Pierce and Debbie Zajac, Director of Housing presented to Council for discussion and consideration Resolution No. 383 - Authorizing the Use of Section 8 Operating Reserves for the Raise the Roof Volunteer Home Repair Program for Fiscal Year 2000-2001. Mayor Pro tem Lee Schaeffer made a motion to approve Resolution No. 383 - Authorizing the Use of Section 8 Operating Reserves for the Raise the Roof Volunteer Home Repair Program for Fiscal Year 2000-2001. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried. RESOLUTION NO. 383 AUTHORIZING THE USE OF SECTION 8 OPERATING RESERVES FOR THE RAISE THE ROOF VOLUNTEER HOME REPAIR PROGRAM FOR FISCAL YEAR 10/01/2000-09/30/2001. WHEREAS, the City of Terrell is participating in the Raise the Roof Volunteer Home Repair Program. WHEREAS, the City of Terrell will provide tools and materials to volunteer groups to perform free exterior, minor home repairs for the low income elderly and disabled. WHEREAS, this program is made possible through volunteers and donations. Examples of home repair that may be provided are roofing; weatherization; painting; replacement of deteriorated wood, windows, and or screens; porch repair; wheel chair ramps, yard work/landscaping, and neighborhood clean-up. WHEREAS, the minimum eligibility requirements are: 62 years of age or older; A homeowner must own the property and must also occupy the property as his or her principal residence within the City. Applicant must have clear title. (A long-term Retention agreement for a period of five (5) years will be signed); All delinquent property taxes must be paid on the property; The applicant must be a very low-income (50% of median family income) homeowner. WHEREAS, funding is needed to purchase building materials, supplies and tools for this fiscal year. WHEREAS, this program meets the "Other Housing Purposes" definition of the PHA Administrative Practices Handbook for the Existing Section 8 Program, HUD Handbook 7407.7 Chg.-8,Section 8-2, paragraph d(2) in regard to Permitted Use of the Operating Reserve funds. WHEREAS, $25,000 will be expended from the U.S. Department of Housing and Urban Development Section 8 Program Operating Reserve to purchase the needed building materials, supplies, and tools, as described above. WHEREAS, a record will be kept of each house repaired and the cost expended in the City of Terrell minutes. APPROVED THIS 3RD DAY OF OCTOBER, 2000.
City Manager Gordon Pierce and Debbie Zajac, Director of Housing presented to Council for discussion and consideration Resolution No. 384 - To Record the Use of Section 8 Operating Reserves for the Sewer Yard Line Replacement Program for Fiscal Year 2000-2001. Mayor Pro tem Frances Anderson made a motion to approve Resolution No. 384 - To Record the Use of Section 8 Operating Reserves for the Sewer Yard Line Replacement Program for Fiscal Year 2000-2001. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried. RESOLUTION NO. 384 TO RECORD THE USE OF SECTION 8 OPERATING RESERVES FOR THE SEWER YARD LINE REPLACEMENT PROGRAM FOR FISCAL YEAR 10/1/99-9/30/00. WHEREAS, the City of Terrell is participating in the Department of Housing and Urban Development "Raise the Roof" national campaign. WHEREAS, in the interest of health and safety, the City of Terrell will provide funds to replace unserviceable sewer lines to very low-income homeowners. WHEREAS, the funds for the following projects was made possible through the use of the Section 8 Operating Reserve Account. WHEREAS, the following is a detailed record of expenses incurred to date for Fiscal Year 1999-2000: 4/11/00 702 West End $ 820.42 Total $6,932.67
Debbie Zajac, Director of Housing presented to Council for discussion and consideration Resolution No. 385 - To Record the Use of Section 8 Operating Reserves for the Raise the Roof Volunteer Home Repair Program for Fiscal Year 1999-2000. Mayor Pro tem Lee Schaeffer made a motion to approve Resolution No. 385 - To Record the Use of Section 8 Operating Reserves for the Raise the Roof Volunteer Home Repair Program for Fiscal Year 1999-2000. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried. RESOLUTION NO. 385 TO RECORD THE USE OF SECTION 8 OPERATING RESERVES FOR THE RAISE THE ROOF VOLUNTEER HOME REPAIR PROGRAM FOR FISCAL YEAR 10/1/99-9/30/00. WHEREAS, the City of Terrell is participating in the Department of Housing and Urban Development "Raise the Roof" national campaign. WHEREAS, the City of Terrell will provide tools and materials to volunteer groups to perform free exterior, minor home repairs for the low income elderly and disabled. WHEREAS, the funds for the following projects was made possible through the use of the Section 8 Operating Reserve Account. WHEREAS, the following is a detailed record of expenses incurred to date for Fiscal Year 1999-2000:
APPROVED THIS 3RD DAY OF OCTOBER, 2000. 22. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 386 - DESIGNATING PERSONS AUTHORIZED TO REQUEST AND SIGN FOR FUNDS UNDER THE CITY'S TEXAS COMMUNITY DEVELOPMENT PROGRAM PROJECT City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 386 - Designating Persons Authorized to Request and Sign for Funds Under the City's Texas Community Development Program Project. Mayor Pro tem Lee Schaeffer made a motion to approve Resolution No. 386 - Designating Persons Authorized to Request and Sign for Funds Under the City's Texas Community Development Program Project. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried. RESOLUTION NO. 386 A RESOLUTION OF THE CITY OF TERRELL, TEXAS, DESIGNATING PERSONS AUTHORIZED TO REQUEST AND SIGN FOR FUNDS UNDER THE CITY'S TEXAS COMMUNITY DEVELOPMENT PROGRAM PROJECT.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Terrell, Texas, as follows: SECTION 1. That the following persons are hereby approved and designated as the authorized signatories for the city's participation in the Texas Community Development Program: 1. John Rounsavall, City Secretary - State Purchase Voucher Approved this 3rd day of October, 2000.
23. DISCUSS AND CONSIDER AIRPORT BOARD APPOINTMENTS City Manager Gordon Pierce presented to Council for discussion and consideration Airport Board Appointments. Councilmember James Huffman made a motion to appoint Norman Huneycutt to replace Kyle Oakley. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Mayor Henry Madgwick - no-vote. Councilmember Frances Anderson made a motion to appoint Peter Esposito to replace Darren Ream. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none.
24. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2038 - BUDGET AMENDMENT - KAUFMAN COUNTY SOLID WASTE COOPERATIVE City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2038 - Budget Amendment - Kaufman County Solid Waste Cooperative. Mayor Pro tem Lee Schaeffer made a motion to approve Ordinance No. 2038 - Budget Amendment - Kaufman County Solid Waste Cooperative. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried. Councilmember James Huffman abstained. ORDINANCE NO. 2038 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.
Mr. Ben Mikus commented on the status of the manpower in the Police
Department. OLD BUSINESS 26. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2035 - AMENDING CHAPTER 9, SECTION (A) CLASSIFICATION OF FIRE FIGHTERS AND SECTION 9 (B)(2) CLASSIFIED POSITIONS IN THE POLICE DEPARTMENT OF THE REVISED CODE OF ORDINANCES City Manager Gordon Pierce presented to Council for discussion and consideration for adoption on second reading Ordinance No. 2035 - Amending Chapter 9, Section (A) Classification of Fire Fighters and Section 9 (B)(2) Classified Positions in the Police Department of the Revised Code of Ordinances. Councilmember Tommy Spencer made a motion to adopt Ordinance No. 2035 - Amending Chapter 9, Section (A) Classification of Fire Fighters and Section 9 (B)(2) Classified Positions in the Police Department of the Revised Code of Ordinances. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes -none. Motion carried. ORDINANCE NO. 2035 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 9, SECTION 9(A) CLASSIFICATION OF FIRE FIGHTERS AND SECTION 9(B)(2) CLASSIFIED POSITIONS IN THE POLICE DEPARTMENT, 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.
ARTICLE I. THAT, Chapter 9, Section A. Classification of Fire Fighters and Section B. (2) Classified Positions in the Police Department of the Revised Code of Ordinances of the City of Terrell, Texas, be and is hereby amended to read as follows: SECTION A. CLASSIFICATION OF FIRE FIGHTERS Fire Fighters of the City of Terrell Fire Department are classified as follows, and the numbers of positions of each classification thereof are as follows, with the salary per position as stated adjacent to each classification: BASE Fire Inspector/Investigator 1 $2.459.00 Lieutenant 3 $2,342.00 Fire Fighter 5 $2,06900
Police Officers of the City of Terrell Police Department are classified as follows, and the numbers of positions of each classification thereof are as follows, with the salary per position as stated adjacent to each classification.
Sergeant 7 $2,342.00 Corporal 6 $2,236.00 Patrol Officer 22 $2,130.00 Each police officer as classified herein has civil service protection. A classified position may be filled only from an eligibility list that results from an examination held in accordance with Chapter 143 of the Texas Local Government Code. ARTICLE II. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. ARTICLE 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 sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. ARTICLE 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 THIS 19th DAY OF SEPTEMBER, 2000.
City Manager Gordon Pierce presented to Council for discussion and consideration for adoption on second reading Ordinance No. 2036 - Amending Ordinance No. 1451 - Civil Service Requirements for Meetings to Conduct Business. Councilmember James Huffman made a motion to adopt Ordinance No. 2036 - Amending Ordinance No. 1451 - Civil Service Requirements for Meetings to Conduct Business. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Motion carried. ORDINANCE NO. 2036 AN ORDINANCE AMENDING CITY OF TERRELL ORDINANCE NO. 1415, ARTICLE I., SECTION F. MEETINGS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS that Article I, Section F. Meetings of Ordinance No. 1415 be deleted in its entirety and replaced with the following: ARTICLE I F. MEETINGS ARTICLE II. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance hereby adopted are severable and, if any phrase, clause, sentence, paragraph, or section 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 sections, since the same would have been enacted by the City Council without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. ARTICLE III. 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 19th day of September,
2000.
h) "The Friends of the Library" Volunteer Appreciation
Banquet
Council adjourned into Executive Session. 30. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEM DISCUSSED IN EXECUTIVE SESSION. Councilmember Tommy Spencer made a motion to authorize the sale
by Terrell Economic Development Corporation Property in Metrocrest
Industrial Park. The motion was seconded by Councilmember James
Huffman. Ayes - all; Nayes -none. Motion carried.
There were no other matters discussed or acted on at this meeting. There being no further business the meeting was adjourned. ______________________________ Attest:
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