City of Terrell - CITY COUNCIL MEETING MINUTES February 6, 2001

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Minutes

REGULAR CITY COUNCIL MEETING

FEBRUARY 6, 2001

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, February 6, 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 James Huffman gave the opening prayer.

3. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF JANUARY 16, 2001

Mayor Henry Madgw ick made a motion to table the City Council Regular Meeting Minutes of January 16, 2001. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

4. DISCUSS CITIZEN SURVEY RESULTS AND SET DATES FOR FUTURE TOWN HALL MEETINGS

Dr. Richard Lewis presented to Council for discussion Citizen Survey Results and Set Dates for Future Town Hall Meetings. The Town Hall proposed meeting dates were set for March 22, 2001 and April 19, 2001.

5. DISCUSS AND CONSIDER TANGER OUTLET CENTER MARKETING PLAN 2001 AND RENEWAL OF PROMOTION AND ECONOMIC DEVELOPMENT AGREEMENT

City Manager Gordon Pierce and Darrin Comstock and Laura Atwell presented to Council for discussion and consideration Tanger Outlet Center Marketing Plan 2001 and Renewal of Promotion and Economic Development Agreement. Councilmember James Huffman commented when Tanger Mall moved into Terrell, The City of Terrell at that time, agreed to pay Tanger Mall $125,000.00 a year for so many years as a marketing program. And that contract has the option for renewal, which I understand comes up again next year. I will strongly speak against that at this meeting. Other merchants in this city do not get a rebate like that. I understand that councils before us did that and I am supporting this until it is over with. Councilmember Tommy Spencer made a motion to approve Tanger Outlet Center Marketing Plan 2001 and Renewal of Promotion and Economic Development Agreement. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

6. DISCUSS AND CONSIDER PROPOSAL FOR POLICE DEPARTMENT MANAGEMENT STUDY

City Manager Gordon Pierce and Mark Epstein presented to Council for discussion and consideration proposal for Police Department Management Study. Councilmember Frances Anderson made a motion to approve proposal for Police Department Management Study, but not to exceed the proposed $42,000.00. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

7. DISCUSS AND CONSIDER AGREEMENT FOR ENCROACHMENT 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 Attorney Mary Gayle Ramsey presented to Council for discussion and consideration an agreement for encroachment 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 approve a 99-year agreement in the amount of $100.00 every five years. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

8. 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)

John Hubbard presented to Council for discussion and consideration 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). Councilmember James Huffman made a motion to approve 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 Henry Madgwick. 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.

9. 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 (1F-2) TO TWO-FAMILY (2F)

City Manager Gordon Pierce and W.T. Wilson presented to Council for discussion and consideration Approval of Ordinance No. 2049 - Zone Change on Property Described as Lot 5, Block 5, Terrell Heights Addition from Current Zoning of One-Family (1F-2) to Two-Family (2F). Mayor Pro tem Lee Schaeffer made a motion to approve Ordinance No. 2049 - Zone Change on Property Described as Lot 5, Block 5, Terrell Heights Addition from Current Zoning of One-Family (1F-2) to Two-Family (2F). The motion was seconded by Councilmember Tommy Spencer. 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.

10. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2046 - AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 7, BUILDING PERMIT FEES AND CHARGES, SUBSECTION 1 THRU 12; SECTION 8, ELECTRICAL PERMIT FEES AND CHARGES, SUBSECTION 1; SECTION 9, PLUMBING FEES AND CHARGES, SUBSECTION 1 THRU 6, SECTION 10, MECHANICAL PERMIT FEES AND CHARGES, SUBSECTIONS 1 THRU 5; SECTION 11, GAS WORK PERMIT FEES AND CHARGES, SUBSECTION 1 AND 2; SECTION 30, ZONING FEES AND CHARGES; SECTION 31, FOOD SERVICE PERMIT FEES AND CHARGES; SECTION 32, SIGN PERMIT FEES AND CHARGES OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE

City Manager Gordon Pierce and Will Cole presented to Council for discussion and consideration Approval of Ordinance No. 2046 - An Ordinance of the City of Terrell, Texas, Amending Appendix 1, Fee Schedule, Section 7, Building Permit Fees and Charges, Subsection 1 thru 12; Section 8, Electrical Permit Fees and Charges, Subsection 1; Section 9, Plumbing Fees and Charges, Subsection 1 thru 6; Section 10, Mechanical Permit Fees and Charges, Subsections 1 thru 5; Section 11, Gas Work Permit Fees and Charges, Subsection 1 and 2; Section 30, Zoning Fees and Charges; Section 31, Food Service Permit Fees and Charges; Section 32, Sign Permit Fees and Charges of the Revised Code of Ordinances of the City of Terrell, Texas; Providing for the Repeal of Conflicting Ordinances; Providing for Severability and Providing an Effective Date. Councilmember Frances Anderson made a motion to approve Ordinance No. 2046 - An Ordinance of the City of Terrell, Texas, Amending Appendix 1, Fee Schedule, Section 7, Building Permit Fees and Charges, Subsection 1 thru 12; Section 8, Electrical Permit Fees and Charges, Subsection 1; Section 9, Plumbing Fees and Charges, Subsection 1 thru 6; Section 10, Mechanical Permit Fees and Charges, Subsections 1 thru 5; Section 11, Gas Work Permit Fees and Charges, Subsection 1 and 2; Section 30, Zoning Fees and Charges; Section 31, Food Service Permit Fees and Charges; Section 32, Sign Permit Fees and Charges of the Revised Code of Ordinances of the City of Terrell, Texas; Providing for the Repeal of Conflicting Ordinances; Providing for Severability and Providing an Effective Date. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2046

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 7, BUILDING PERMIT FEES AND CHARGES, SUBSECTION 1 THRU 12;SECTION 8, ELECTRICAL PERMIT FEES AND CHARGES, SUBSECTION 1; SECTION 9, PLUMBING FEES AND CHARGES, SUBSECTION 1 THRU 6; SECTION 10, MECHANICAL PERMIT FEES AND CHARGES, SUBSECTION 1 THRU 5; SECTION 11, GAS WORK PERMIT FEES AND CHARGES, SUBSECTION 1 AND 2; SECTION 30,ZONING FEES AND CHARGES; SECTION 31, FOOD SERVICE PERMIT FEES AND CHARGES; SECTION 32, SIGN PERMIT FEES AND CHARGES OF THE REVISED CODE OF ORDINANCE OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES;
PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

11. CONSIDER APPROVAL OF CHANGE ORDER NO. 4 TO THE AGREEMENT WITH SPERLING CO. ON PROJECT NO. 99-01.2, WATER AND SEWER IMPROVEMENTS

City Engineer Stan Ballard presented to Council for discussion and consideration Change Order No. 4 to the Agreement with Sperling Co. on Project No. 99-01.2, Water and Sewer Improvements. Councilmember James Huffman made a motion to approve Change Order No. 4 in the amount of $42,547.00. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

12. DISCUSS AND CONSIDER EMERGENCY REPAIRS TO ROSE HILL LIFT STATION

City Manager Gordon Pierce presented to Council for discussion and consideration Emergency Repairs to Rose Hill Lift Station. Mayor Pro tem Lee Schaeffer made a motion to approve Emergency Repairs to Rose Hill Lift Station. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

13. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2044 - AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 26, WATER AND SEWER CONNECTION CHARGES OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL

City Manager Gordon Pierce and Sonny Groessel presented to Council for discussion and consideration Ordinance No. 2044 - Amending Appendix 1, Fee Schedule, Section 26, Water and Sewer Connection Charges of the Revised Code of Ordinances of the City of Terrell. Councilmember James Huffman made a motion to approve Ordinance No. 2044 - Amending Appendix 1, Fee Schedule, Section 26, Water and Sewer Connection Charges of the Revised Code of Ordinances of the City of Terrell. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2044

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 26: WATER AND SEWER CONNECTION 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.

14. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2052 - AMENDING CLASSIFIED PERSONNEL - FIRE DEPARTMENT

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2052 - Amending Classified Personnel - Fire Department. Councilmember Frances Anderson made a motion to approve Ordinance No. 2052 - Amending Classified Personnel - Fire Department. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2052

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 9, SECTION 9(A) CLASSIFICATION OF FIRE FIGHTERS POSITIONS 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.

15. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2050 - BUDGET AMENDMENT

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2050 - Budget Amendment. Mayor Pro tem Lee Schaeffer made a motion to approve Ordinance No. 2050 - Budget Amendment. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2050

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.

16. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2051 - TERRELL MUNICIPAL AIRPORT BOARD

City Manager Gordon Pierce presented to Council for discussion and consideration Approval of Ordinance No. 2051 - Terrell Municipal Airport Board. Mayor Pro tem Lee Schaeffer made a motion to approve Ordinance No. 2051 - Terrell Municipal Airport Board. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2051

AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2 TERRELL MUNICIPAL AIRPORT BOARD, TERRELL CITY CODE, REVISED, PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

17. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 395 - DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT

City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 395 - Declaring Expectation to Reimburse Expenditures with Proceeds of Future Debt. Councilmember James Huffman made a motion to approve Resolution No. 395 - Declaring Expectation to Reimburse Expenditures with Proceeds of Future Debt. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 395

A RESOLUTION OF THE CITY OF TERRELL, TERRELL, TEXAS, DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT.

WHEREAS, the City of Terrell, Texas (the "Issurer") intends to issue debt for the purchase of a building for public safety facilities (the "Project") and further intends to make certain capital expenditures for the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt;

WHEREAS, under Treas. Reg. §1.150-2 (The "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and

WHEREAS, the Issuer desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project from funds on hand with the proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $250,000

PASSED AND ADOPTED this 6th day of February, 2001.

18. DISCUSS AND CONSIDER JOINT MEETING WITH TERRELL SCHOOL BOARD ON FEBRUARY 20, 2001

Councilmember James Huffman made a motion to approve Joint Meeting with Terrell School Board on February 20, 2001. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

19. HEAR REMARKS FROM VISITORS

Dr. Horace Flatt spoke to the Council regard a sign in a city right-of-way. He requested a workshop with Council.

OLD BUSINESS
CONSENT AGENDA

20. DISCUSS AND CONSIDER ADOPTION ON SECOND READING OF ORDINANCE NO. 2043 - BUDGET AMENDMENT

City Manager Gordon Pierce presented to Council for discussion and consideration on Second Reading Ordinance No. 2043 - Budget Amendment. Mayor Pro tem Lee Schaeffer made a motion to adopt Ordinance No. 2043 - Budget Amendment. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2043

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

SECTION I.

The General Fund is amended to reflect the following increase and decrease in the budget:

GENERAL FUND BUDGETED AMOUNT AMENDED

REVENUES
010-00-3825 Park Memorials -0- $ 500.00 $ 500.00
010-00-3811 Madix Grant Police -0- $ 15,000.00 $ 15,000.00
010-00-3810 Madix Grant Fire -0- $ 15,000.00 $ 15,000.00
010-00-3816 Tanger Grant Police -0- $ 500.00 $ 500.00
010-00-3817 Tanger Grant Fire -0- $ 500.00 $ 500.00
010-00-3827 Pauline Allen Gill Foundation -0- $281,452.02 $281,452.02
010-00-3706 Other (Southwestern Bell Refund) $4,000,00 $ 7,064.02 $ 11,064.02

EXPENDITURE
BUDGETED AMOUNT AMENDED
010-26-4480 Park Memorials -0- $ 500.00 $ 500.00
010-32-4506 Madix Grant Police -0- $ 15,000.00 $ 15,000.00
010-32-4508 Tanger Grant Police -0- $ 500.00 $ 500.00
010-33-4510 Madix Grant Fire -0- $ 15,000.00 $ 15,000.00
010-33-4518 Tanger Grant Fire -0- $ 500.00 $ 500.00
010-26-4503 Pauline Allen Gill Foundation -0- $281,452.02 $281,452.02

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 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 THIS 16th DAY OF JANUARY, 2001.
PASSED AND ADOPTED ON THIS 6TH DAY OF FEBRUARY, 2001.

21. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:

a) ANNUAL CHAMBER BANQUET

b) KAUFMAN COUNTY DAY REGISTRATION

c) SPRING RETREAT DATES

Council Retreat was scheduled for March 22-23, 2001 at the Hampton Inn in Mesquite, Texas.

22. ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH SECTION 551 OF THE TEXAS LOCAL GOVERNMENT CODE TO DISCUSS THE FOLLOWING:

d) SECTION 551.072 - REAL PROPERTY - - SILENT WINGS MUSEUM

e) SECTION 551.071 - CONTEMPLATED LITIGATION - DISCUSS AND CONSIDER ACTION ON COMPLAINT OF TxDOT VS TXU ELECTRIC

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

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