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REGULAR CITY COUNCIL MEETING MARCH 6, 2001 5:30 P.M. A regular meeting of the Terrell City Council was held on Tuesday, March 6, 2001 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 C. Madgwick called the meeting to order. 2. INVOCATION Councilmember James Huffman gave the opening prayer. 3. RETIREMENT RECOGNITION - JANICE SAUER Mayor Henry Madgwick recognized Janice Sauer's retirement after 24 years of service to the City of Terrell. 4. PRESENTATION BY STATE REPRESENTATIVE BETTY BROWN Mayor Henry Madgwick presented a resolution of the State of Texas on behalf of State Representative Betty Brown a resolution of the State of Texas honoring Janice Sauer at her retirement. 5. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF FEBRUARY 20, 2001 Councilmember Frances Anderson made a motion to approve the City Council Regular Meeting Minutes of February 20, 2001. . The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried. NEW BUSINESS 6. DISCUSS AND CONSIDER REQUEST BY TOM NORTON TO EXTEND TEMPORARY SPECIFIC USE PERMIT FOR EXCAVATION ON 52 ACRES (J.C. HALE SURVEY) Tom Norton presented to Council for discussion and consideration Request to Extend Temporary Specific Use Permit for Excavation on 52 Acres (J.C. Hale Survey) to the end of the year. Councilmember Tommy Spencer made a motion to approve the request to Extend the Temporary Specific Use Permit for Excavation on 52 Acres (J.C. Hale Survey) to December 31, 2001. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.
City Manager Gordon Pierce and Ron Hobbs presented to Council for discussion and consideration Change Order #1 to Ron Hobbs Architects for Space Utilization for the Terrell Public Library. Councilmember James Huffman made a motion to approve Change Order #1 to Ron Hobbs Architects for Space Utilization for the Terrell Public Library in an amount not to exceed $2,300.00. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.
Larry Freeman of Freeman and Millican presented to Council for review and consideration Bids on Replacement-Relocation of Water and Sewer Facilities in N. Virginia (S.H. 34) Between High and Frances (Project No. 00-04). Mr. Freeman's recommendation is to accept the bid of UUS Incorporated in the amount of $535,496.30. Councilmember James Huffman made a motion to approve award of contract to UUS Incorporated with the provision that they agree to the Change Order that would reduce the cost of the contract by approximately $18,045.03. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried
John Rounsavall, City Secretary, presented to Council for discussion a Petition to Increase Salaries of Members of the Terrell Police Department. The following was presented for the record. On February 22, 2001, the Referendum Petition was submitted as one (1) instrument containing 126 pages in its entirety to the City Secretary's Office at 4:12 p.m. by Patrick Dewberry. I have examined the Petition and have determined the following: Qualified voters from District 2 = 32 Qualified voters from District
4 = 136 I have determined that the Petition as submitted is insufficient
and the particulars in which it is defective are defined as follows: These findings have been presented to the City Attorney's Office for review and the City Attorney concurs. There was no action taken on this item. 10. DISCUSS AND CONSIDER CONFIRMATION OF ELECTED DIRECTORS FOR THE TERRELL PUBLIC HOSPITAL CORPORATION City Manager Gordon Pierce presented to Council for discussion and consideration Confirmation of Elected Directors for the Terrell Public Hospital Corporation. Councilmember Tommy Spencer indicated that he was still a member of the board and his name did not appear on the list of board members. Councilmember Frances Anderson made a motion to confirm Barbara Clayton, Shelton Gibbs and Wylie Musser as Elected Directors for the Terrell Public Hospital Corporation. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Councilmember Tommy Spencer abstained.
City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2055 - Amending Chapter 4, Section 22, Subsection 22: Off-Premise Detached Signs on first reading. Mayor Pro tem Lee Schaeffer made a motion to approve Ordinance No. 2055 - Amending Chapter 4, Section 22, Subsection 22: Off-Premise Detached Signs on first reading. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried. ORDINANCE NO. 2055 AN ORDINANCE AMENDING CHAPTER 4, SECTION 22, SUBSECTION 22: OFF-PREMISE DETACHED SIGNS; PROVIDING FOR OFF-PREMISE DETACHED SIGNS REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 397 - Declaring a Moratorium on Ordinance No. 1373 - Chapter 5, Business Regulations, Section 9: Dance and Game Halls. Councilmember James Huffman made a motion to approve Resolution No. 397 - Declaring a Moratorium on Ordinance no. 1373 - Chapter 5, Business Regulations, Section 9: Dance and Game Halls. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried. RESOLUTION NO. 397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, ESTABLISHING A MORATORIUM REGARDING ORDINANCE NO. 1373 CHAPTER 5, BUSINESS REGULATIONS, SECTION 9: DANCE AND GAME HALLS; AUTHORIZING THE CITY MANAGER TO IMPLEMENT THIS RESOLUTION; AND PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE IMMEDIATELY UPON ITS PASSAGE.
WHEREAS, in order to allow the time necessary to implement the new ordinance, Ordinance No. 1373, Chapter 5, Business Regulations, Section 9: Dance and Game Halls shall be declared to be of no force and effect during this moratorium. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Terrell from the date of this resolution until the implementation of Ordinance No. 2057,Chapter 5, Business Regulations, Section 9: Dance and Game Halls a moratorium is declared regarding the provisions of Ordinance No. 1373, Chapter 5, Business Regulations, Section 9: Dance and Game Halls. BE IT FURTHER RESOLVED that the City Manager shall monitor this moratorium and report to the City Council. PASSED AND APPROVED this 6th day of March, 2001. 13. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2057 - AMENDING ORDINANCE NO. 1373 - CHAPTER 5, BUSINESS REGULATIONS, SECTION 9: DANCE AND GAME HALLS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE City Attorney Mary Gayle Ramsey presented to Council for discussion and consideration Ordinance No. 2057 - Amending Ordinance No. 1373 - Chapter 5, Business Regulations, Section 9: Dance and Game Halls; Providing for Repeal of Conflicting Ordinances; Providing for Severability; and Providing an Effective Date on first reading. Councilmember Frances Anderson made a motion to approve Ordinance No. 2057 - Amending Ordinance No. 1373 - Chapter 5, Business Regulations, Section 9: Dance and Game Halls; Providing for Repeal of Conflicting Ordinances; Providing for Severability; and Providing an Effective Date on first reading with corrections. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried. ORDINANCE NO. 2057 AN ORDINANCE OF THE CITY OF TERRELL, TEXAS AMENDING ORDINANCE NO. 1373 - CHAPTER 5, BUSINESS REGULATIONS, SECTION 9: DANCE AND GAME HALLS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 14. DISCUSS AND CONSIDER REPEAL OF ORDINANCE NO. 1374 - CHAPTER 5 - BUSINESS REGULATIONS, SECTION 10: COIN-OPERATED AMUSEMENT MACHINES City Attorney Mary Gayle Ramsey presented to Council for discussion and consideration Repeal of Ordinance No. 1374 - Chapter 5 - Business Regulations, Section 10: Coin-Operated Amusement Machines. Mayor Pro tem Lee Schaeffer made a motion to Repeal Ordinance No. 1374 - Chapter 5 - Business Regulations, Section 10: Coin-Operated Amusement Machines. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried. 15. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 396 - MUNICIPAL LEASE AGREEMENT City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 396 - Municipal Lease Agreement. For the Fire Department Budgeted Booster Engine Councilmember James Huffman made a motion to approve Resolution No. 396 declaring a Municipal Lease Agreement between the City of Terrell and First State Bank of Texas. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried. RESOLUTION NO. 396
WHEREAS, the City Council has determined that a true and very real need exists for the acquisition of the Equipment described in the Municipal Lease Agreement presented at this meeting; and WHEREAS, the City Council has taken all necessary steps, including
any legal bidding requirements, under applicable law to arrange
for the acquisition of such equipment. PASSED AND ADOPTED THIS 6th DAY OF MARCH, 2001. 16. HEAR REMARKS FROM VISITORS Hugh Littleton spoke to the Council regarding the Thoroughfare Plan. Mr. Littleton was directed to contact City Manager Gordon Pierce to discuss his concerns over the Plan. OLD BUSINESS 17. DISCUSS AND CONSIDER ADOPTION ON SECOND READING 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). 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS: ARTICLE I. WHEREAS, the Planning and Zoning Commission of the City of Terrell, Texas held a public hearing on January 8, 2001 and recommends approval to change the zoning from One-Family (1F) to Two- Family (2F) on property described as Lot 5, Block 5, Terrell Western Addition, Terrell, Texas, and WHEREAS, the City Council of the City of Terrell, Texas held a public hearing on January 16, 2001, on request to change the zoning from One- Family (1F2) to Two- Family (2F), on property legally described as Lot 5, Block 5, Terrell Heights Addition, Terrell, Texas, and WHEREAS, the City Council has determined that all notice requirements have been given in compliance with the laws 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 from One-Family (1F) to Two- Family (2F)
on property described as Lot 5, Block 5, Terrell Western Addition,
Terrell, Texas. 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 5, Block 5, Terrell Western Addition, Terrell, Texas.
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. 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 6TH DAY OF FEBRUARY, 2001.
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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS: ARTICLE I. WHEREAS, the Planning and Zoning Commission of the City of Terrell, Texas held a public hearing on January 8, 2001 and recommends approval to change the zoning from One-Family (1F) to Two- Family (2F) on property described as Lot 5, Block 5, Terrell Western Addition, Terrell, Texas, and WHEREAS, the City Council of the City of Terrell, Texas held a public hearing on January 16, 2001, on request to change the zoning from One- Family (1F2) to Two- Family (2F), on property legally described as Lot 5, Block 5, Terrell Heights Addition, Terrell, Texas, and WHEREAS, the City Council has determined that all notice requirements have been given in compliance with the laws 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 from One-Family (1F) to Two- Family (2F)
on property described as Lot 5, Block 5, Terrell Western Addition,
Terrell, Texas. 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 5, Block 5, Terrell Western Addition, Terrell, Texas.
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. 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 6TH DAY OF FEBRUARY, 2001.
ORDINANCE NO. 2053
WHEREAS, the terms of office of Councilmember No. Three and Councilmember No. Five will expire at the conclusion of two years in office, as provided by an amendment to the Charter of the City of Terrell, Texas, as adopted on July 12, 1983; and WHEREAS, the first Saturday in May is the date set for the regular election of Councilmembers; and WHEREAS, authority is vested in the Mayor of the City of Terrell to call said regular election and to appoint election officials to conduct said election; NOW, THEREFORE BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF TERRELL, TEXAS that: An election to be held on the 5th day of May, 2001 for the purpose of: Electing Councilmembers from District No. Three and District No. Five. A. Councilmember No. Three so elected shall be a resident of District No. Three and shall be elected by the vote of qualified voters of the City of Terrell, Texas residing in District No. Three and shall serve a term of two years. B. Councilmember No. Five so elected shall be a resident of District No. Five and shall be elected by the vote of the qualified voters of the City of Terrell, Texas residing in District No. Five and shall serve a term of two years. II. Punch card ballots shall be used for said election which ballots shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "for" the candidate of the following offices which shall be set forth in substantially the following form: In District No. 3 There shall be two (2) election precincts for the conduct of this election, and the following locations are designated as polling places within the respective precincts: District No. 3 Terrell Fire Station #2 District No. 5 Missionary Baptist Church On Election Day, the polls shall open at 7:00 A.M. and shall close at 7:00 P.M. That the following persons are hereby appointed officers of the
election in their respective precincts: District No. 5 - Hollis W. Hindman Presiding Judge A copy of this ordinance shall be delivered to the presiding judges for Districts 3 and 5 by the City Secretary not later than 20 days from this date, together with a current description of the election precincts as approved by the Terrell City Council. Each presiding judge shall appoint not less than two nor more than four qualified clerks to serve and assist in the holding of said election, provided that if the presiding judge herein appointed actually serves, that the alternate presiding judge shall be a clerk. Each official shall be compensated at the rate of $5.00 per hour, not to exceed a total of 15 hours. Each presiding judge shall receive addition compensation in the amount of $25.00 for delivering the returns to the Central Counting Station. Each presiding judge shall attempt to appoint at least one official fluent in both the English and Spanish language. All qualified electors residing in Districts 3 and 5 of the City of Terrell shall be permitted to vote at said election. This election shall be held and conducted in accordance with the Texas Election Code, enacted in 1985. All election materials and proceedings shall be printed in both English and Spanish. Early voting shall be conducted at the office of the City Secretary in the Terrell City Hall located at 201 East Nash Street, whose mailing address is P.O. Box 310, Terrell, Texas 75160. The City Secretary is appointed as Early Voting Clerk, to serve without additional compensation. Applications for early voting by mail shall be taken between March 6, 2001, and April 27, 2001. Early voting by personal appearance shall commence on April 18, 2001, and conclude on May 1, 2001, on weekdays during regular business hours of the office of the City Secretary. The Terrell Municipal Building located at 201 East Nash Street, Terrell, Texas, is hereby designated as the Central Counting Station. Ruth Matejka is appointed Presiding Judge of the Central Counting Station. Helen Dixon is appointed Early Voting Ballot Board Judge. Bobby Bishop is appointed as Tabulation Supervisor of the Central Counting Station and shall be entitled to compensation in an amount determined by the Terrell City Council. The Early Voting Ballot Board Judge will deliver the early voted ballots to the Central Counting Station Judge at 5:00 P.M. Tabulating of voted ballots will start at 7:00 P.M. Persons wishing to file as candidate for City Councilmembers from Districts 3 and 5 shall file a sworn application for a place on the ballot with the City Secretary beginning February 19, 2001, and no later than 5:00 P.M. on March 21, 2001, and must meet the requirements to serve as a Councilmember, as set forth in the City of Terrell Charter and Code of Ordinances. A substantive copy of this ordinance shall serve as proper notice of the calling of said election. Said notice, including a Spanish translation hereof, shall be posted in a public place in each election precinct of the City and on the bulletin board used for the posting of meetings of the City Council of the City of Terrell at least 21 days prior to the date of the election by the City Secretary or his designee, who shall make a record at the time of posting stating the date and place of posting to be preserved for the period of preserving precinct election records.
Councilmember James Huffman made a motion to adopt Ordinance No. 2048, Ordinance No. 2049, Ordinance No. 2053, and Ordinance No. 2054 on Consent Agenda. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried ORDINANCE NO. 2054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, ADOPTING A THOROUGHFARE PLAN; 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 retained a professional planning consultant to assist in the preparation of a Comprehensive Plan for the City; and WHEREAS, the City Council appointed a steering committee to guide in the preparation of a workable Comprehensive Plan for the City of Terrell; and WHEREAS, the Steering Committee reviewed and studied recommendations made by the Planning Consultant for the Comprehensive Plan; and WHEREAS, preparation of the Thoroughfare Plan is included in the Comprehensive Plan, and WHEREAS, the Planning Consultants have recommended that the Thoroughfare Plan be adopted immediately, and WHEREAS, the City Council considered testimony on February 20, 2001, and discussed the Thoroughfare Plan NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Terrell, Texas: SECTION 1. That the Thoroughfare Plan, identified as "Exhibit A", is hereby adopted by the Terrell City Council. SECTION 2. That this plan is intended to constitute the Thoroughfare Plan of the City of Terrell, Texas for all matters to long-range guidance relative to zoning decision, land subdivision, thoroughfare construction, and growth management. SECTION 3. That it is hereby officially found and determined that the meeting at which the Ordinance is passed was properly noticed and open to the public as required by law. 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. Ordinance No. 2054 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 20th DAY OF FEBRUARY, 2001.
a) KAUFMAN COUNTY DAY
22. ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH SECTION 551
OF THE TEXAS LOCAL GOVERNMENT CODE TO DISCUSS THE FOLLOWING: 23. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEM DISCUSSED IN EXECUTIVE SESSION There was no action taken in Executive Session. 24. ADJOURN There were no other matters discussed or acted on at this meeting.
There being no further business the meeting was adjourned.
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