Minutes 

CITY COUNCIL MEETING

NOVEMBER 2, 1999

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, November 2, 1999 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. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF OCTOBER 19, 1999

Councilmember Frances Anderson made a motion to approve the City Council Regular Meeting Minutes of October 19, 1999. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING

4.
a) CONDUCT A PUBLIC HEARING ON SMOKING REGULATIONS

City Manager Gordon Pierce conducted a Public Hearing on Smoking Regulations.
Tamara Burgess, 836 Circle Drive, Terrell, Texas spoke for Smoking Regulations.
George Higgins, 1700 Wilson Road representing Rip Griffin's spoke against Smoking Regulations.
Danny Booth, Post Office Box 97 representing Terrell Chamber of Commerce spoke against Smoking Regulations. Danny Booth is recommending grandfather clause.
Rick Carmona, 14 Carol Lee Circle, spoke against Smoking Regulations.
Council
Councilmember Tommy Spencer commented that his priority was protecting kids from second hand smoke.

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) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1992 - SMOKING REGULATIONS
1st READING

City Manager Gordon Pierce presented to Council for consideration Ordinance No. 1992 - Smoking Regulations for approval on first reading. Councilmember James Huffman made a motion to approve Ordinance No. 1992 - Smoking Regulations on first reading. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

Councilmember James Huffman commented that he has received several complaints about not having a smoking ordinance and this ordinance does not ban smoking.

ORDINANCE NO. 1992

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE TERRELL CITY CODE OF ORDINANCE BY ADDING SECTION 10 OF CHAPTER 7 "SMOKING REGULATION"; DESIGNATING CERTAIN RETAIL AND SERVICE ESTABLISHMENTS, PUBLIC BUILDINGS, AND FOOD PRODUCTS ESTABLISHMENTS AS NONSMOKING AREAS; PROVIDING SIGN REQUIREMENTS; PROVIDING MINIMUM STANDARDS FOR NONSMOKING AREAS; REQUIRING WRITTEN POLICIES IMPLEMENTING THIS CHAPTER; PROHIBITING SMOKING IN DESIGNATED NONSMOKING AREAS; PROVIDING EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING SECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY.

PUBLIC HEARING
ZONING

5.
c) CONDUCT A PUBLIC HEARING TO CONSIDER A REQUEST FOR ZONE CHANGE ON PROPERTY DESCRIBED AS 5.652 ACRES OF J.C. HALE SURVEY - 2.953 ACRES OF EVERETT SUBDIVISION, AND 6.84 ACRES OF J.C. HALE SURVEY FROM CURRENT ZONING HEAVY INDUSTRIAL (HI) TO LIGHT INDUSTRIAL (LI)

City Manager Gordon Pierce conducted a public hearing to consider request for zone change on property described as 5.652 acres of J.C. Hale Survey - 2.953 acres of Everett Subdivision, and 6.84 acres of J.C. Hale Survey from current zoning Heavy Industrial (HI) to Light Industrial. No one spoke for the zone change. No one spoke against the zone change.

Councilmember Frances Anderson made a motion to close the public hearing. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

d) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1993 - ZONE CHANGE ON PROPERTY DESCRIBED AS 5.652 ACRES OF J.C. HALE SURVEY - 2.953 ACRES OF EVERETT SUBDIVISION, AND 6.84 ACRES OF J.C. HALE SURVEY FROM CURRENT ZONING HEAVY INDUSTRIAL (HI) TO LIGHT INDUSTRIAL (LI)
1st READING

City Manager Gordon Pierce presented to Council for consideration Ordinance No. 1993 - Zone Change on property described as 5.652 acres of J.C. Hale Survey - 2.953 acres of Everett Subdivision, and 6.84 acres of J.C. Hale Survey from current zoning Heavy Industrial (HI) to Light Industrial (LI) for approval on first reading. Councilmember Tommy Spencer made a motion to approve Ordinance No. 1993 -Zone Change on property described as 5.652 acres of J.C. Hale Survey - 2.953 acres of Everett Subdivision, and 6.84 acres of J.C. Hale Survey from current zoning Heavy Industrial (HI) to Light Industrial (LI) on first reading. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1993

AN ORDINANCE OF THE CITY COUNCIL FO THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM HEAVY INDUSTRIAL (HI) TO LIGHT INDUSTRIAL (LI) ON PROPERTY LEGALLY DESCRIBED AS 5.652 ACRES OF J.C. HALE SURVEY, 2.953 ACRES OF EVERETT SUBDIVISION, AND 6.84 ACRES OF J.C. HALE SURVEY, TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

NEW BUSINESS

6. DISCUSS AND CONSIDER ROCKWALL STREET DRAINAGE

City Manager Gordon Pierce and Larry Freeman of Freeman - Millican presented to Council for consideration Rockwall Street Drainage. After considerable discussion by Council, Councilmember James Huffman made a recommendation to change the pipe size and increase the number of pipe crossing Adelaide Street and stub them out. Larry Freeman indicated the additional estimated costs would be between $10,000 and $12,000. Council agreed to make a transition and end up with a box on the east side of Adelaide with four 36-inch pipe stubbed out.

7. DISCUSS AND CONSIDER RESIDENTIAL INCENTIVE AGREEMENT BETWEEN THE CITY OF TERRELL AND CALVARY OAKS ESTATES

City Manager Gordon Pierce and Jeree Gibbs presented to Council for consideration Residential Incentive Agreement between the City of Terrell and Calvary Oaks Estates. Councilmember Frances Anderson made a motion to approve the Residential Incentive Agreement between the City of Terrell and Calvary Oaks Estates. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

Reverend Robertson expressed his thanks to the Council.

8. DISCUSS AND CONSIDER RESIDENTIAL INCENTIVE AGREEMENT BETWEEN THE CITY OF TERRELL AND MAGNOLIA ESTATES

City Manager Gordon Pierce presented to Council for consideration Residential Incentive Agreement between the City of Terrell and Magnolia Estates. Councilmember Frances Anderson made a motion to approve Residential Incentive Agreement between the City of Terrell and Magnolia Estates. The motion was seconded by Councilmember Tommy Spencer. Ayes - all ;Nayes - none. Motion carried.

9. CONSIDER AWARD OF CONTRACT FOR 1999 PAVING IMPROVEMENTS (PROJECT NO. 99-01.1)

Stan Ballard presented to Council for consideration Award of Contract for 1999 Paving Improvements (Project No. 99-01.1). Councilmember Lee Schaeffer made a motion to award contract for 1999 Paving Improvements (Project No. 99-01.1) to JRJ Paving in the amount of $489,559.36. The motion was seconded by Councilmember Frances Anderson. Ayes - Henry Madgwick, Lee Schaeffer, Frances Anderson, James Huffman; No-Vote - Tommy Spencer. Motion carried.

10. CONSIDER AWARD OF CONTRACT FOR WATER TREATMENT PLANT IMPROVEMENTS - CAUSTIC SYSTEM (PROJECT NO. 99-04)

Stan Ballard presented to Council for consideration Award of Contract for Water Treatment Plant Improvements - Caustic System (Project No. 99-04). Councilmember James Huffman made a motion to award contract for Water Treatment Plant Improvements - Caustic System (Project No. 99-04) to Red River Construction Company in the amount of $168,900.00. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

11. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1994 - BUDGET AMENDMENT
1ST READING

City Manager Gordon Pierce presented to Council for consideration Ordinance No. 1994 - Budget Amendment for approval on first reading. Councilmember Lee Schaeffer made a motion to approve Ordinance No. 1994 - Budget Amendment on first reading. The motion was seconded by Councilmember Tommy Spencer Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1994

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 1999, AND ENDING SEPTEMBER 30, 2000, AS PASSED AND ADOPTED ON SEPTEMBER 30, 1999, TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

12. DISCUSS AND CONSIDER BID AWARD FOR AGGREGATES, BASE AND FILL MATERIALS, PROJECT NO. 00-22-01

City Manager Gordon Pierce and Steve Rogers presented to Council for consideration Bid Award for Aggregates, Base and Fill Materials, Project No. 00-22-01. Councilmember James Huffman questioned why we are not including Richard Crow's price for crushed stone. It looks like it is way below the other bids. Mr. Rogers explained that was something the Utility Department uses. After reviewing records that the City bought only 50 tons in the last fiscal year and we bid 200 tons, he felt like the best thing to do is by it as we need it.

Councilmember James Huffman made a motion to award bid for Aggregates, Base and Fill Materials, Project No. 00-22-01 to the following:

Item 2 Select Material to Richard Crow - 1500 tons @ $4.25/ton = $6,375.00
Item 3 Screened Loam to Richard Crow - 300 tons @ $10.50/ton = $3,150.00
Item 6 Flexible Base to Richard Crow - 5,000 tons @ $7.75/ton = $38,750.00

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

13. DISCUSS AND CONSIDER BID AWARD FOR ASPHALTIC PRODUCTS, PROJECT NO. 00-22-02

Steve Rogers presented to Council for consideration Bid Award for Asphaltic Products, Project No. 00-22-02. Mayor Henry Madgwick commented that he wanted to know what was actually paid for materials as compared to what the low bid was.

Councilmember Lee Schaeffer made a motion to award bid for Asphaltic Products, Project No. 00-22-02 to the following:

Item 1 Crack and Joint Sealer Material to EZ-Seal, LLC - 1100 gallons @ $/gallon = $4,400.00.
Item 2 High Performance Asphalt Cold Patch Material to TXI-Texas Industries - 100 tons @ $57.50/ton = $5,750.00.
Item 5 Hot Mix Asphalt Concrete (City pick-up) to APAC - 500 tons @$25/ton = $12,500.00,

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

14. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 354 - TO USE HUD SECTION 8 OPERATING RESERVE FOR HOME REPAIR VOLUNTEER PROGRAM

City Manager Gordon Pierce presented to Council for approval Resolution No. 354 - To use HUD Section 8 Operating Reserve for Home Repair Volunteer Program. Councilmember Lee Schaeffer recommended in Paragraph 4 of the resolution to change "applicant should" to "applicant shall". Councilmember Frances Anderson made a motion to approve Resolution No. 354 with change to paragraph 4. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 354

WHEREAS, the City of Terrell is embarking on a Local Volunteer
Home Repair and Weatherization Program to assist very low-income elderly and disabled homeowners.

WHEREAS, the City of Terrell, in conjunction with the Center for Housing Resources (CHR), 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 re-roofing, weatherization, paint, porch repair, 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 should 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 needed for the repairs for a one-year period.

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 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 the 2nd day of November, 1999.

15. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1990 - DESIGNATING PORTIONS OF SIXTH STREET AND SEVENTH STREET AS ONE-WAY

City Manager Gordon Pierce presented to Council for consideration Ordinance No. 1990 - Designating Portions of Sixth Street and Seventh Street as One-Way. Councilmember James Huffman commented after his evaluation, he believes the One-Way should be limited to certain times. After discussion the Council decided Seventh Street should be one-way from 7:30 - 9:00 A.M. and 2:00 - 4:00 P.M./Main to Johnson Street/school days. Mayor Henry Madgwick table the Ordinance to be re-drafted.

16. DISCUSS AND CONSIDER PURCHASE OF E-ONE MODEL C401 CUSTOM PUMPER AND AWARD OF FINANCING

City Manager Gordon Pierce presented to Council for consideration purchase of E-One Model C401 Custom Pumper and Award of Financing. Councilmember James Huffman questioned the interest calculation from First State Bank. John Rounsavall explained the interest rate is based on different methods of interest calculations used by First State Bank and American National Bank. Councilmember Lee Schaeffer made a motion to award financing to American National Bank based on figures presented for purchase and lease of E-One Model C401 Custom Pumper and award of financing. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

17. DISCUSS AND CONSIDER APPOINTMENTS TO TERRELL ECONOMIC DEVELOPMENT CORPORATION

City Manager Gordon Pierce presented to Council for consideration appointments to Terrell Economic Development Corporation to make Council aware of Board appointments next month.

This item was passed.

18. CONSIDER DATE FOR JOINT CITY COUNCIL/HOSPITAL BOARD MEETING

City Manager Gordon Pierce spoke with Ron Ensor and he requested to postpone the meeting.

This item was passed.

19. HEAR REMARKS FROM VISITORS

None were made.

OLD BUSINESS
CONSENT AGENDA

20. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1989 - LANDSCAPE ORDINANCE

City Manager Gordon Pierce presented to Council for consideration Ordinance No. 1989 - Landscape Ordinance to adopt on second reading. Councilmember Lee Schaeffer made a motion to adopt Ordinance No. 1989 - Landscape Ordinance. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1989

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 4 BUILDING REGULATIONS, ADDING SECTION 24: REGULATING AND INSTALLATION AND MAINTENANCE OF REQUIRED LANDSCAPING FOR COMMERCIAL AND MULTI-FAMILY DEVELOPMENT WITHIN THE CITY; PROVIDING FOR THE REPEAL OF CONFLITING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

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

ARTICLE I.

THAT Chapter 4, Building Regulation, of the City Code, Revised is hereby amended as follows:

SECTION 24: REGULATING AND INSTALLATION AND MAINTENANCE OF REQUIRED LANDSCAPING FOR COMMERCIAL AND MULTI-FAMILY DEVELOPMENT WITHIN THE CITY

PURPOSE: The establishment of requirements for the installation, preservation and maintenance of trees, landscaping, buffering, and screening as site improvements is essential for the enhancement of the community's ecological, environmental, and aesthetic qualities. Such amenities serve such purposes as reducing the negative effects of increases in air temperatures, pollution, glare, noise, erosion and sedimentation caused by expanses of impervious and unvegetated surfaces, and provide buffers between land uses of different character.

APPLICABILITY:
1. The landscape standards in this section shall apply to nonresidential development in the following zoning districts: Multi-family (MF), Commercial (C), Retail (R), Light Industrial (LI), and Heavy Industrial (HI).
2. The standards and criteria contained within this section are considered minimum standards and shall apply in the following situations:
a. Upon all new construction; or
b. When a building is proposed for addition or enlargement that will increase the square footage of the existing building by twenty percent (20%) or more.
PERMITS:
1. No permit shall be issued for building, paving, grading, construction, or reconstruction until a detailed landscape plan complying with this section, is approved by the building official. Prior to the issuance of a certificate of occupancy, all landscaping shall be in place in accordance with the approved landscape plan.

LANDSCAPE PLAN:
1. Submission: A landscape plan shall be submitted with the site plan showing the location, name and quantity of landscaping materials and other landscape features proposed, as well as showing the location of buildings, parking areas, drives, fences, walls, alleys and adjacent streets. The landscape plan shall be drawn to scale and shall be legible. In addition to the above, where required by applicable regulations, the plan shall show buffering, screening, tree replacement related to the landscaping.
2. Review and Approval: Landscape plans shall be reviewed and approved by the building official.
3. Exception: The Planning and Zoning Commission and City Council may grant a special exception to the landscaping requirements of this article.

INSTALLATION: Landscaping, watering devices, trees, walls and screening structures shall be installed in accordance with the approved final landscape and site plan prior to the issuance of a final Certificate of Occupancy for the building use. The Building Official may grant a temporary Certificate of Occupancy during the months when installation is impractical or not feasible.

LANDSCAPE INSTALLATION:
1. Permitted Materials: Landscape materials shall consist of permanent turf, ground cover, seasonal color, shrubs and trees. Artificial plants may not be used as landscaping. Landscaping materials such as wood chips and gravel may only be used under trees, shrubs and other plants.
2. Irrigation: Required landscape areas shall be irrigated by an automatic underground irrigation system; provided however that a hose bib system may be used for irrigation when a landscape area is less than 1,000 square feet in size and when all portions of the area are within 50-feet of a hose attachment.
3. Traffic Visibility: Landscaping shall not be erected so as to obstruct traffic visibility at alleys, streets, or intersection. Trees and shrubs shall be located on private property, and not on a street right-of-way.
4. Maintenance: All landscaping shall be maintained in a neat and orderly manner at all times: 1) mowing, edging, pruning, fertilizing, water, and weeding shall occur on a regular basis appropriate to the season; 2) trash, litter, and weeds shall be removed regularly; 3) plant materials shall be kept in a healthy growing condition; and 4) dead plant material shall be replaced in a timely manner.
5. Enforcement: Failure to maintain any landscape area in compliance with this section is considered a violation of this Ordinance and shall be subject to penalties of this Ordinance. If, at any time after the issuance of a Certificate of Occupancy, and approved landscaping is found to be in nonconformance to the standards and criteria of this section, the building official or his designee shall issue notice to the owner, tenant and/or their agent citing the violation and describing the action required to comply with this section.
GENERAL STANDARDS:
1. All required landscaped open areas should be completely covered with living plant material. Landscaping materials such as wood chips and gravel may only be used under trees, shrubs and other plants.
2. Recommended Plant Materials. Plant materials shall conform to the standards of American Standard for Nursery Stock. Grass seed, sod and other material shall be clean and reasonable free of weeds and noxious pests and insects.
3. Trees. All trees shall comply with the following:
a. The spread of crown of a tree is defined as average diameter horizontal width of tree foliage.
b. A large tree shall have a spread of crown at maturity of greater than fifteen feet (15'). At the time of planting, a large tree shall be at least seven feet (7') in height and measure at least three inches (3") in caliper when measured six inches (6") above the ground.
c. An ornamental tree shall have a spread crown at maturity of fifteen feet (15) or less. At the time of planting, a small tree shall be at least five feet (5') in height and measure at least one inch (1") in caliper when measured six inches (6") above the ground.
4. Shrubs. Shrubs except of the dwarf variety shall be a minimum of two feet (2') in height when measured immediately after planting. Hedges, where installed for screening purposes, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen which will reach the required height within one (1) year after the time of planting.
5. Vines. Vines not intended as ground cover shall be a minimum of two feet (2') in height immediately after planting and may be used in conjunction with fences, screens, or walls to meet landscape screening requirements.
6. Grass. Grass areas shall be sodded, plugged, sprigged, hydro-mulched or seeded. However, solid sod shall be used in swales, on earthen berms or in other areas subject to erosion.
7. Ground cover. Ground cover used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting.
8. Berms. Earthen berms shall have side slopes not to exceed 33 percent of 3:1 slope. All berms shall provide necessary drainage provisions, which shall also be shown on any required site drainage plans.
9. Obstruction prohibited. All placement of landscaping materials, with the exception of turf and grass covered areas, shall be designed so that any interference with pedestrians loading and unloading in designated parking areas is minimized; and so that the normal parking of vehicles and opening of doors in designated parking areas will not open into or damage the landscaping materials.
10. Protection. All required landscaped areas, which are adjacent to pavement, shall be protected with concrete curbs or equivalent barriers.

REQUIREMENTS FOR NONRESIDENTIAL USES:
1. Area Required. For all nonresidential parcels, at least twenty percent (20%) of the street yard shall be permanently landscaped. All of the required landscaped area shall be located in the street yards and parking lots.
2. Trees Required. At least one large tree shall be provided as follows:
a. Street Yards less than 10,000 square feet. In street yards of less than ten thousand (10,000) square feet, one (1) tree per one thousand (1000) square feet or a fraction thereof, of street yard.
b. Street Yards more than 10,000 square feet. In street yards of more than ten thousand (10,000) square feet, ten (10) trees plus one (1) tree per two thousand (2,000) square feet, or fraction thereof, of street yard area over ten thousand (10,000) square feet.
c. Credits for existing trees. Any trees that are preserved on a site may be credited toward meeting the tree requirement of any landscaping provision of this section according to the following table:
Circumference of Existing Tree
6"-8"
9"-30"
31"-46"
47" or more
Credit Toward Tree Requirement
1.0 tree
1.5 trees
2.0 trees
2.1 3.0 trees
Note 1: Tree circumference shall be measured four and one-half (4 1/2) above natural grade.
Note 2: Due to their limited height and size, mesquite trees will receive only fifty percent (50%) of the above credit for tree preservation

d. Ornamental Trees. Two (2) ornamental trees may be substituted for one (1) required large tree. Not more than fifty percent (50%) of the required large trees may be substituted by installing ornamental trees. Ornamental trees shall be a minimum of six (6) feet in height at the time of planting.
3. Shrubbery Required. At least one shrub shall be required for every fifty- (50) square feet of the required landscape area. Placement of such shrubbery shall be taken into consideration as to the plant at full maturity, and be located so as not to conflict with vehicular or pedestrian traffic visibility.
4. Ground cover required. At least ten percent (10%) of the required landscape area shall be maintained in ground cover. The remaining landscape area shall be maintained in lawn grasses and mulch used around bedding plants, shrubs and trees.
5. Parking lot and vehicular use areas landscaping and screening. It is the intent of this section to encourage the design and construction of parking area in a manner whereby areas within the parking lot are landscaped as well as areas considered unusable for parking or maneuvering space. It is also the intent of this section to aid in the abatement of noise, glare, and heat associated with large expanses of hard paved surfaces and motor vehicles.
a. Landscaping. A minimum amount of the total area of all vehicular use areas shall be devoted to landscaped islands, peninsulas or medians.
i. Street yard area. The minimum total area in such islands, peninsulas and medians in the street yard shall be ninety (90) square feet for each twelve- (12) parking spaces. Landscape islands, peninsulas and medians located in the street yard may be included in calculating the minimum required landscape area in the street yard.
ii. Non-street yard area. The minimum total area in such islands, peninsulas and medians in the non-street yard shall be sixty (60) square feet for each twelve- (12) parking spaces.
iii. Distribution of islands. Peninsulas and medians. The number, size, and shape of islands, peninsulas and medians, in both street and non-street yards shall be at the discretion of the property owner or applicant. All required islands, peninsulas and medians shall be more or less evenly distributed throughout such parking areas. However, the distribution and location of landscaped islands, peninsulas and medians may be adjusted to accommodate existing trees or other natural features so long as the total area requirements for landscaped islands, peninsulas and medians for the respective parking areas above are satisfied.
b. Screening. A minimum ten-foot (10') landscape buffer is required between the property lines and any parking, paving or internal driveways. Driveway openings are permitted in the landscape buffer area. The area of the landscaped buffer may be included in the total required landscape area for the lot.
i. Location. The landscaped buffer requirement shall apply to all sides of the lot adjacent to a public street or right-of-way.
ii. Screen. The screening shall be a minimum height of three (3) feet above the grade of the parking lot and located adjacent to the parking lot. Screening shall be opaque and consist of shrubs and/or berms.
iii. Materials, shrubs shall be capable of reaching a height of three (3) feet within eighteen (18) months of planting, and shall be planted at least thirty-six (36) inches on center.
6. Right-of-way. Landowners are encouraged to landscape non-paved publicly owned street right-of-way abutting their property. Landscaping in the right-of-way is subject to the following:
a. Removal of landscaping. The City may at any time remove or require the land owner to remove any landscaping located within any right-of-way or public easement for the purpose of public safety, access to utilities and to perform any public improvements within said height right-of-way or public easement.
b. Traffic regulations. Such landscaping in the right-of-way shall observe established rules and regulations pertaining to traffic and pedestrian safety.

SIGHT DISTANCE AND VISIBILITY:
1. Rigid compliance with these landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an intersection of two (2) or more public rights-of-way occurs, a visibility sight triangle, as described below, shall be required. Landscaping within the visibility sight triangle shall be designed to provide unobstructed visibility at a level between three (3) and ten (10) feet measured form the street grade at the middle of the closest traffic land. Ornamental trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the visibility sight triangle. Large trees are prohibited from being planted in the visibility sight triangle.

The visibility sight triangles are described as follows:

a. Driveways and alleys. The areas of property on both sides of the intersection of an alley access way and public right-of-way and on both sides of the intersection of each private driveway and public right-of-way shall have a visibility sight triangle with two (2) sides of each triangle being a minimum of ten feet (10') in length from the point of intersection and the third side being a line connecting the ends of the other two (2) sides.
b. Intersection of streets. The areas of property located at a corner formed by the intersection of two (2) or more public rights-of-way shall have a visibility sight triangle with two (2) sides of each triangle being a minimum of twenty-five feet (25') in length from the point of the intersection and the third side being a line connecting the ends of the other two (2) sides.
2. In the event other visibility obstructions are apparent in the proposed landscape plans, as determined by the building official, the requirements set forth herein may be adjusted to the extent to remove the conflict.

TREE PROTECTION:
1. During any construction or land development, the developer shall clearly mark all trees to be preserved on site and may be required to erect and maintain protective barriers around all such trees or groups of trees. No living trees greater than eight inches (8"0 in caliper may be cut, destroyed or damaged on the development site until approved as part of the landscaped plan.
2. The developer shall not allow the movement of equipment or the storage of equipment, materials, debris, or fill to be placed within the drip line of any trees.
3. During the construction stage of development, the developer shall not allow the cleaning of equipment or material under the canopy of any tree or group of trees to be preserved. The developer shall not allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, or mortar, under the canopy of any tree or groups of trees to be preserved.
4. No attachment, nails, screws or wires of any kind, other than those of a protective nature, shall be attached to any tree.

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 OCTOBER, 1999.
PASSED AND ADOPTED THIS 2nd DAY OF NOVEMBER, 1999.

21. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE

City Manager presented to Council a memorandum regarding the Administrative Order to Fujicolor Processing.

City Manager presented to Council an invitation to a reception hosted by Nichols, Jackson, Dillard, Hager & Smith, L.L.P.

City Manager presented to Council a letter of invitation to the Ninth Annual Valor Awards Banquet to present the customary congratulatory letter.

City Manager presented to Council the Convention and Visitors' Bureau Fourth Quarter Report.

22. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, SECTION 551-072 - ACQUISITION OF LAND

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

No action taken in Executive Session.

24. ADJOURN

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

____________________________________
Henry C. Madgwick, Sr., Mayor

Attest:

_______________________________
John Rounsavall, City Secretary
City Council Meeting
November 2, 1999

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