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CITY COUNCIL MEETING DECEMBER 3, 1996 7:00 P.M. 1.0 ANNOUNCEMENTS AND PUBLIC HEARINGS A regular meeting of the City Council was held December 3, 1996, at 7:00 p.m. with the following members present. COUNCILMEMBER #1 DON L. LINDSEY 1.1 INVOCATION Mayor Don L. Lindsey called the meeting to order and Councilmember Tommy Spencer gave the opening prayer. 1.2 PRESENTATION OF THE ARLIE WHITE P.R.I.D.E AWARD No action 1.3 PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Councilmember Frances Anderson presented City Secretary, Bobby Bishop, a Certificate of Achievement for Excellence in Financial Reporting. 1.4 CONDUCT A PUBLIC HEARING FOR A REQUEST FOR A SPECIFIC USE PERMIT FOR PROPERTY LEGALLY DESCRIBED AS LOT 2B, BLOCK B, METROCREST ADDITION. No action request withdrawn. 1.5 CONDUCT A PUBLIC HEARING FOR A REQUEST FOR ZONE CHANGE FROM 1-F-2 TO MF ON PROPERTY LEGALLY DESCRIBED AS LOTS 16, 17, AND 18, BLOCK 410, VIRGINIA HEIGHTS. Mayor Don L. Lindsey opened a public hearing for a zone change from a-F-2 to MF on property legally described as Lots 16, 17, and 18, Block 410, Virginia Heights. Mrs. Woolveston spoke against the zone change because of limited room on the property and traffic problems this would cause. A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to close the public hearing. Ayes all; Nayes none. Motion carried. 2.0 MINUTES 2.1 CONSIDER APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETING HELD NOVEMBER 19, 1996. A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer that the minutes of the City Council Minutes of November 19, 1996, be approved as presented. Ayes all; Nayes none. Motion carried. 3.0 BIDS 3.1 CONSIDER BIDS FOR FENCING AND SIGN RELOCATION AT FM 148 A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to award bid for fencing and sign work on FM 148 to A. Dyess - $7,494.00; Federal - #4,815.00; T.C. Brockway - $500.00; and Image National - $4,597.00. Ayes all; Nayes none. Motion carried. 4.0 ROUTINE BUSINESS 5.0 OLD BUSINESS 6.0 NEW BUSINESS 6.1 CONSIDER APPROVAL OF ORDINANCE #1857 - SPECIFIC USE PERMIT No action , request withdrawn. ORDINANCE NO. 1857 AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT ON PROPERTY LEGALLY DESCRIBED AS LOT 2B, BLOCK B, METRO EAST ADDITION, 3002-A TEMTEX BLVD., OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Terrell, held a public hearing at 7:00 p.m. on Tuesday, December 3, 1996, in the Council Chamber of the City Hall in Terrell, Texas to consider a request for a Specific Use Permit to locate one (1) temporary trailer for office use during construction of a building in Metrocrest Industrial Park, and said site being more specifically described as Lot 2B, Block B, MetroEast Addition, City of Terrell, Kaufman County, Texas; and WHEREAS, the City Council has determined the real property is located in a LI (Light Industrial) zoning district; and WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Terrell to grant the specific use permit subject to certain stipulations. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Terrell, Texas, that: A Specific Use Permit is granted to locate one (1) temporary trailer for office use on the property located at 3002-A Temtex Blvd., Lot 2B, Block B, MetroEast Addition, City of Terrell, Kaufman County, Texas, with the following stipulations: 1. Specific Use Permit to be reviewed for compliance at least annually. 2. Specific Use Permit to be effective for a period not
to exceed one (1) year from date of final approval. 3. No additional temporary trailers to be allowed under this Specific Use Permit and no replacement trailers on property without written approval from City. This Specific Use Permit shall take effect immediately from and after its passage and upon said facility complying with all terms and conditions set further herein. SECTION II. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionally 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.
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 THIS 7TH DAY OF JANUARY, 1997. PASSED AND ADOPTED ON THIS 21ST DAY OF JANUARY, 1997.
______________________________________ ATTEST:
APPROVED AS TO FORM:
A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to deny zone change request from single family (AF-2) to Multi-Family (MF) for property legally described as Lot 16, 17, and 18, Block 410, Virginia Heights (401 Greenwood). Ayes all; Nayes none. Motion carried.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM SINGLE FAMILY (AF-2) TO MULTI-FAMILY (MF) FOR PROPERTY LEGALLY DESCRIBED AS LOT 16, 17, AND 18, BLOCK 410, VIRGINIA HEIGHTS (401 GREENWOOD), TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS: ARTICLE I. WHEREAS, the City Council of the City of Terrell, Texas held a public hearing on December 3, 1996, on request to change the zoning on property legally described as Lot 16, 17, and 18, Block 410, Virginia Heights (401 Greenwood), Terrell, Texas, from Single Family (1F-2) to Multi Family Zoning (MF); and WHEREAS, the City Council has determined that all notice requirement have been given in compliance with law and ordinances of the City of Terrell; and WHEREAS, the City Council of the City of Terrell, Texas has determined that it would be in the best interest of the citizens of Terrell to change the zoning on property legally described as Lot 16, 17, and 18, Block 410, Virginia Heights (401 Greenwood) Terrell, Texas, from Single Family (1F-2) to Multi Family (MF). NOW THEREFORE, BE IT ORDAINED by the City council of the City of Terrell, Texas: THAT the zoning classification be and is hereby changed on property legally described as Lot 16, 17, and 18, Block 410, Virginia Heights (401 Greenwood) Terrell, Texas, from Single Family (1F-2) to Multi Family Zoning (MF). 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
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 3rd day of December, 1996. PASSED AND ADOPTED THIS 17th day of December, 1996. ____________________________________
_____________________________________ APPROVED AS TO FORM: _______________________________________ 6.3 CONSIDER APPROVAL OF FINAL PLAT OF QD A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to approve the final plat of QD Addition. Ayes all; Nayes none. Motion carried. 6.4 CONSIDER APPROVAL OF FINAL PLAT OF METROCREST ADDITION, LOT 1, BLOCK B A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve the final plat of Metrocrest Addition, Lot 1, Block B. Ayes all; Nayes none. Motion carried. 6.5 CONSIDER APPROVAL OF PRELIMINARY PLAT OF TOWN NORTH ESTATES NO. 2, INSTALLMENT NO. 2 A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to approve the preliminary plat of Town North Estates No. 2, Installment No. 2. Subject to approval by City Attorney. Ayes all; Nayes none. Motion carried.
A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve the resubdivision of Metro East Addition. Ayes all; Nayes none. Motion carried. 6.7 CONSIDER APPROVAL OF ABANDONMENT OF ARTESIA STREET RIGHT-OF-WAY A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to approve the abandonment of Artesia Street Right-of-Way. Ayes all; Nayes none. Motion carried. 6.8 CONSIDER APPROVAL OF NORTHEAST AREA DRUG INTERDICTION TASK FORCE REQUEST FOR PAYMENT A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to refer the request for payment from the Northeast Area Drug Interdiction Task Force to City Attorney. Ayes all; Nayes none. Motion carried. 6.9 CONSIDER APPROVAL OF ORDINANCE #1855 - AMENDING PORTABLE SIGN REGULATIONS OUTSIDE OF THE CENTRAL BUSINESS DISTRICT A motion was made by Councilmember Frances Anderson and seconded by Councilmember Tommy Spencer to approve Ordinance #1855 - amending portable sign regulations outside of the Central Business District. Ayes Frances Anderson, Tommy Spencer; Nayes Robert Messer, Jack Jones, and Don L. Lindsey. Motion failed. ORDINANCE NO. 1855 ARTICLE I. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, THAT: SECTION XIV.: PORTABLE SIGNS, PARAGRAPH (B), SUBPARAGRAPHS 1, 3, AND 4; PARAGRAPH (C), SUBPARAGRAPH 2., BE DELETED IN ITS ENTIRETY AND IF APPLICABLE, REPLACE WITH THE FOLLOWING: (B) In Zones II and III portable signs are permitted and are subject to the following regulations. 1. Prior to the use or placement of any portable sign,
a permit must be obtained from the Building Inspections Department.
The permit fee shall be $__________________________________. CITY COUNCIL MINUTES
4. Delete paragraph. (Portable sign permits may be issued for a maximum of sixty (60) days. Said portable sign shall be physically removed by the permittee form the referenced location upon expiration of the permit). C. Registration of Portable Signs 1. (No change) 2. Delete this subparagraph. (Portable signs are not considered to be permanent fixtures, but are temporary in nature. Portable signs which are registered as nonconforming signs under this ordinance shall be considered amortized within six months of the effective date of this ordinance. All registered nonconforming signs shall be removed by that date). 3. (No change) 4. (No change) ARTICLE II. That all ordinances or parts of ordinances in conflict herewith are to the extent of such conflict, hereby repealed. Any and all provisions or Ordinance No. 1832 not expressly amended by this ordinance shall remain in full force and effect. ARTICLE III. That is hereby declared to be the intention of the City Council that the section, paragraphs, sentences, clauses, and phrases of this ordinance 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 unconstitutional jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and section, since the same would have been enacted by the City Council without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. ARTICLE IV. That this ordinance will take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED on first reading this 5th day of November, 1996. PASSED AND ADOPTED on final reading this the 19th day of November, 1996, by the City Council of the City of Terrell, Texas. _______Not passed__________________________ CITY COUNCIL MINUTES ATTEST:
APPROVED AS TO FORM:
A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve a monthly rate increase of $1.11 to Waste Management for sanitation services. Ayes all; Nayes none. Motion carried. 6.11 CONSIDER APPROVAL OF TERRELL CHAMBER OF COMMERCE LAND LEASE IN CITY PARK. A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to approve the land lease with the Terrell Chamber of Commerce. Ayes all; Nayes none. Motion carried. 6.12 CONSIDER APPROVAL OF TERRELL ECONOMIC DEVELOPMENT CORPORATION BOARD APPOINTMENT A motion was made by Councilmember Frances Anderson and seconded by Mayor ProTem Robert Messer to appoint Jack Jones to the Terrell Economic Development Corporation Board. Ayes all; Nayes none. Motion carried. 6.13 CONSIDER APPROVAL OF CENTRAL BUSINESS DISTRICT ADVISORY BOARD APPOINTMENT A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Robert Messer to appoint Herschel Chadick to the Central Business District Advisory Board. Ayes all; Nayes none. Motion carried. 6.14 CONSIDER APPROVAL OF ZONING BOARD OF ADJUSTMENTS BOARD APPOINTMENT A motion was made by Councilmember Frances Anderson and seconded by Councilmember Tommy Spencer to appoint Bea Butler to the Zoning Board of Adjustments. Ayes all; Nayes none. Motion carried. 6.15 CONSIDER APPROVAL OF ORDINANCE #1852 - AMENDING PERMIT FEES A motion was made by Jack Jones and seconded by Councilmember
Tommy Spencer to approve on first reading the following Ordinance No.
1852. Ayes all; Nayes none. Motion carried. ORDINANCE NO. 1852 AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 7: BUILDING PERMIT FEE AND CHARGE OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS: THAT Appendix I, Fee Schedule, SECTION 7: BUILDING PERMIT FEE AND CHARGES, of the Revised Code of Ordinances of the City of Terrell, Texas, shall be amended by adding subparagraph (10) Signs: `: SECTION I. SECTION 7: BUILDING PERMIT FEES AND CHARGES Add subparagraph (10) Signs:` 60 S.F. $ 70.00 (Non-profit organizations are exempt from the fee for banners.) SECTION II All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinances 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 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 3rd day of December,
1996. APPROVED:
CITY COUNCIL MINUTES 6.16 CONSIDER APPROVAL STREETS - DRAINAGE - WATER/SEWER IMPROVEMENTS A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to authorize City Engineer to prepare cost estimates on proposed Streets Drainage and Water/Sewer improvements for the 1996-97 year. Ayes all; Nayes none. Motion carried. 6.17 CONSIDER APPROVAL OF SPONSORSHIP AGREEMENT WITH COCA COLA FOR SCOREBOARDS A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Tommy Spencer to approve sponsorship agreement with Coca Cola for scoreboards subject to city attorney's approval. Ayes all; Nayes none. Motion carried. 6.18 CONSIDER APPROVAL OF AUTHORIZATION OF REQUEST FOR PROPOSAL FOR POSITION CLASSIFICATION AND PAY PLAN A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson approve the request for proposals for position classification and pay plan. Ayes all; Nayes none. Motion carried. 6.19 CONSIDER APPROVAL OF PROPOSALS FOR HOUSING REHABILITATION SERVICES A motion was made by Councilmember Frances Anderson and seconded by Councilmember Tommy Spencer to contract with Tim F. Glendening and Associates, Inc. to administer the Home Grant Program. Ayes all; Nayes none. Motion carried. 6.20 CONSIDER APPROVAL OF ORDINANCE #1856 - WRECKER SERVICE PERMIT FEES A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve on first reading the following Ordinance No. 1856. Ayes all; Nayes none. Motion carried. ORDINANCE NO. 1856 AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING ORDINANCE NO. 1806, SECTION 39, WRECKER SERVICE PERMIT FEES AND RATES, PARAGRAPH B. WRECKER SERVICE FEES, OF THE REVISED CODE OF ORDINANCE OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS: SECTION I. THAT Appendix I, Fee Schedule, Section 39, Wrecker Service Permit Fees and Rates, Paragraph B. Wrecker Service Fees, Subparagraphs (1), (2) and (6), of the Revised Code of Ordinances of the City of Terrell, Texas, shall hereby be amended to read as follows:
(1) Towing vehicle by light-duty wrecker within one (1) location within the city to another within the city limits and/or its extraterritorial jurisdiction. $50.00. ($35.00) (2) Towing vehicle by heavy-duty wrecker within one (1) location within the city to another within the city limits and/or its extraterritorial jurisdiction (1 hour minimum). $150.00 ($100.00) (6) The fee to store an impounded vehicle at the city's pound shall not exceed $15.00 ($5.00) per day. A day shall be computed as a minimum period of not less than twenty-four (24) hours. SECTION II. All ordinances or parts of ordinances in conflict herewith are, to the extend of such conflict, hereby repealed. SECTION III. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and 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. 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 3rd day of December, 1996. PASSED AND ADOPTED on second reading this 7th day of January, 1997.
_____________________________________ APPROVED AS TO FORM:
6.21 CONSIDER APPROVAL OF FUNDING FOR KAUFMAN SENIOR CITIZENS SERVICES, INC. No action
No action 6.23 CONSIDER APPROVAL OF CONFIRMATION OF APPOINTMENT OF UTILITIES DIRECTOR A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Jack Jones to confirm the appointment of Frances Groessel as Utilities Director. Ayes Robert Messer, Jack Jones, Don L. Lindsey; Nayes Frances Anderson, Tommy Spencer. Motion carried. 7.0 DISCUSSION ITEMS Eight business owners expressed their displeasure with the recent sign ordinance and stated that portable signs is the only advertising they can afford. They also cited their businesses depends on the signs to attract customers and stated the sign ordinance needs some additional work on it. 8.0 EXECUTIVE SESSION 8.1 ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH TITLE 5, GOVERNMENT CODE V.T.C.S., CHAPTER 551, OPEN MEETINGS SECTION 551.074, PERSONNEL MATTERS Canceled. 8.2 RECONVENE INTO REGULAR SESSION 9.0 HEAR REMARKS FROM VISITORS None 10.0 ADJOURNMENT There were no other matter discussed or acted on at this
meeting. ________________________________________ ATTEST: _____________________________________
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