Minutes 

CITY COUNCIL MEETING

MARCH 7, 2000

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, March 7, 2000 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.

Mayor Henry Madgwick gave the opening prayer.

3. DISCUSS AND CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 15, 2000.

Councilmember Lee Schaeffer made a motion to approve the City Council Meeting Minutes of February 15, 2000. Councilmember Frances Anderson seconded the motion. Ayes - all; Nayes -none. Motion carried.

NEW BUSINESS

5. DISCUSS AND CONSIDER PLANNING AND ZONING RECOMMENDATION TO APPROVE REQUEST FROM FUJICOLOR FOR AN EXCEPTION TO ORDINANCE NO. 1976 - EXTERIOR ELEVATION

City Manager Gordon Pierce and Will Cole, Director of Municipal Development presented to Council for discussion and consideration Planning and Zoning Recommendation to approve request from Fujicolor for an exception to Ordinance No. 1976 - Exterior Elevation. Councilmember Frances Anderson made a motion to approve Planning and Zoning recommendation to approve Request from Fujicolor for an Exception to Ordinance No. 1976 - Exterior Elevation. The motion was seconded by Councilmember Tommy Spencer. Ayes --all; Nayes - none. Motion carried.

6. DISCUSS AND CONSIDER PLANNING AND ZONING RECOMMENDATION FOR PRELIMINARY PLAT - FORREST CREEK ADDITION

City Manager Gordon Pierce, Will Cole, and James Mays presented to Council for discussion and consideration Planning and Zoning Recommendation for Preliminary Plat - Forrest Creek Addition. Councilmember James Huffman made a motion to approve the Planning and Zoning recommendation for preliminary plat - Forrest Creek Addition. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

4.
a) CONDUCT A PUBLIC HEARING REGARDING RESOLUTION NO. 362 - AIR QUALITY

Mayor Henry Madgwick conducted a public hearing regarding Resolution No. 362 - Air Quality. City Manager Gordon Pierce Presented Resolution 362. No one spoke for the resolution. Rick Kubin spoke against the public hearing. Councilmember James Huffman made a motion to close the public hearing. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes -none. Motion carried.

b) DISCUSS AND CONSIDER RESOLUTION NO. 362 - AIR QUALITY

Mayor Henry Madgwick made a motion to approve Resolution No. 362 - Air Quality. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

7. DISCUSS AND CONSIDER PROPOSED HISTORIC PRESERVATION ORDINANCE AND CREATION OF HISTORIC PRESERVATION COMMISSION

City Manager Gordon Pierce and Howard Taggret presented to Council for discussion and consideration a Proposed Historic Preservation Ordinance and Creation of Historic Preservation Commission. Councilmember Lee Schaeffer made a motion to table this item to the March 21, 2000 Council meeting to allow Council time to review the ordinance. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

8. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 363 - SUPPORTING AND AUTHORIZING SUBMISSION OF APPLICATION FOR HOME PROGRAM AND COMMITTING LOCAL FUNDS TO ASSIST IN IMPLEMENTING SAID PROJECT

Debbie Zajac, Director of Housing, presented to Council for discussion and consideration Approval of Resolution No. 363 - Supporting and Authorizing Submission of Application for Home Program and Committing Local Funds to Assist in Implementing Said Project. Councilmember Frances Anderson made a motion to approve Resolution No. 363 - Supporting and Authorizing Submission of Application for Home Program and Committing Local Funds to Assist in Implementing Said Project. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

9. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 364 - APPROVING THE SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) CERFITICATION FOR FISCAL YEAR ENDING 09/30/99.

Debbie Zajac, Director of Housing, presented to Council for discussion and consideration Approval of Resolution No. 364 - Approving the Section 8 Management Assessment Program (SEMAP) Certification for Fiscal Year Ending 09/30/99. Councilmember James Huffman made a motion to approve Resolution No. 364 - Approving the Section 8 Management Assessment Program (SEMAP) Certification for Fiscal Year Ending 09/30/99. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes -none. Motion carried.

10. DISCUSS AND CONSIDER STREET MAINTENANCE PRIORITIES

City Manager Gordon Pierce presented to Council for discussion and consideration Street Maintenance Priorities.

There was no action taken on this item.

11. DISCUSS AND CONSIDER APPROVAL OF CHANGE ORDER NO. 1 TO THE AGREEMENT WITH JRJ PAVING, INC., FOR PAVING IMPROVEMENTS (PROJECT NO. 99-01.1)

City Manager Gordon Pierce and City Engineer Stan Ballard presented to Council for discussion and consideration Approval of Change Order No. 1 to the Agreement with JRJ Paving, Inc., for Paving Improvements (Project No. 99-01.1) in the amount of $65,781.00. Councilmember Tommy Spencer made a motion to approve Change Order No. 1 to the Agreement with JRJ Paving, Inc., for Paving Improvements (Project No. 99-01.1). The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes -none. Motion carried.

12. DISCUSS AND CONSIDER AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS OF THE REPLACEMENT/RELOCATION OF WATER AND SEWER FACILITIES ON WEST MOORE BETWEEN FIRST AND NINTH (PROJECT NO. 00-03)

City Engineer Stan Ballard presented to Council for discussion and consideration Authorizing the Preparation of Plans and Specifications of the Replacement/Relocation of Water and Sewer Facilities on West Moore Between First and Ninth (Project No. 00-03). Councilmember Lee Schaeffer made a motion to approve the preparation of Plans and Specifications of the Replacement/Relocation of Water and Sewer Facilities on West Moore Between First and Ninth (Project No. 00-03). The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

13. DISCUSS AND CONSIDER AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS OF THE REPLACEMENT/RELOCATION OF WATER AND SEWER FACILITIES ON VIRGINIA BETWEEN HIGH AND FRANCES (PROJECT NO. 00-04)

City Engineer Stan Ballard presented to Council for discussion and consideration Authorizing the Preparation of Plans and Specifications of the Replacement/Relocation of Water and Sewer Facilities on Virginia Between High and Frances (Project No. 00-04). Councilmember James Huffman made a motion to approve the Preparation of Plans and Specification of the Replacement/Relocation of Water and Sewer Facilities on Virginia Between High and Frances (Project No. 00-04). The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes -none. Motion carried.

14. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 366 - AMENDING EMPLOYEE HANDBOOK POLICY, CHAPTER 21 - SECTION 1 - GROUP HEALTH INSURANCE TO INCLUDE RETIREES

There was no action taken on this item.

15. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2012 - CALLING FOR MUNICIPAL ELECTION

City Manager Gordon Pierce presented to Council for discussion and consideration Approval of Ordinance No. 2012 - Calling for Municipal Election. Councilmember James Huffman made a motion to approve Ordinance No. 2012 - Calling for Municipal Election on first reading. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2012

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, CALLING THE REGULAR MUNICIPAL ELECTION FOR THE CITY OF TERRELL, TEXAS FOR THE ELECTION OF MAYOR AND COUNCILMEMBERS FROM DISTRICT NO. 2 AND DISTRICT NO. 4 TO BE HELD ON MAY 6, 2000.

WHEREAS, the terms of office of the Mayor and Councilmember No. Two and Councilmember No. Four 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 Mayor and 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 be held on the 6th day of May, 2000 for the purpose of:

Electing a Mayor and Councilmembers from District No. Two and District No. Four.

A. The Mayor so elected shall be a resident of the City of Terrell and shall be elected by the vote of the qualified voters of the City of Terrell, Texas, at large, and shall serve a term of two years.

B. Councilmember No. 2 so elected shall be a resident of District No. 2 and shall be elected by the vote of the qualified voters of the City of Terrell, Texas residing in District No. 2 and shall serve a term of two years.

C. Councilmember No. 4 so elected shall be a resident of District No. 4 and shall be elected by the vote of the qualified voters of the City of Terrell, Texas residing in District No. 4 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:

Ordinance No. 2012
Page 2

In District No. 2
Mayor . . . . . . . . . . . . . . . . . . . . . . .(Names of Candidates)

In District No. 3
Mayor . . . . . . . . . . . . . . . . . . . . . . .(Names of Candidates)

In District No. 4
Mayor . . . . . . . . . . . . . . . . . . . . . . .(Names of Candidates)

In District No. 5
Mayor . . . . . . . . . . . . . . . . . . . . . . .(Names of Candidates)

In District No. 2
Councilmember . . . . . . . . . . . . . . . .(Names of Candidates)

In District No. 4
Councilmember . . . . . . . . . . . . . . . .(Names of Candidates)

There shall be four (4) election precincts for the conduct of this election, and the following locations are designated as polling places within the respective precincts:

District No. 2 W.H. Burnett Elementary
921 South Rockwall Street
Terrell, Texas

District No. 3 Terrell Fire Station #2
225 Baker Street
Terrell, Texas

District No. 4 High Street Gym
208 West High Street
Terrell, Texas

District No. 5 Missionary Baptist Church
Poetry Road
Terrell, Texas

On Election Day, the polls shall open at 7:00 A.M. and shall close at 7:00 P.M.

The following persons are hereby appointed officers of the election in their respective precincts:

Ordinance No. 2012
Page 3

District No. 2 - Russell Jones, Jr. Presiding Judge
Mrs. Dave M. Watson Alternate Judge

District No. 3 Helen Sanders Presiding Judge
Ruby Brewster Alternate Judge

District No. 4 Ed Lynch Presiding Judge
Ralph Dorough Alternate Judge

District No. 5 Hollis W. Hindman Presiding Judge
Mrs. James Maxwell Alternate Judge
Mrs. Ruth Matejka Alternate Judge

A copy of this Ordinance shall be delivered to the presiding judges for Districts 2, 3, 4, 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 additional 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 No. 2, 3, 4, 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 7, 2000 and April 28, 2000. Early voting by personal appearance shall commence on April 19, 2000 and conclude on May 2, 2000, on weekdays during regular business hours of the City Secretary.

The Terrell Municipal Building located at 201 East Nash Street, Terrell, Texas, is hereby designated as the Central Counting Station.

Ordinance No. 2012
Page 4

Ruth Matejka is appointed Presiding Judge of the Central Counting Station.

Ed Lynch 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 has been created for the purpose of qualifying the early voted ballots and preparing for delivery of such ballots to the Central Counting Station.

Election clerks from District No. 5 will serve as election officers for the Early Voting Ballot Board.

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 candidates for Mayor and City Council members from Districts 2 and 4 shall file a sworn application for a place on the ballot with the City Secretary on February 21, 2000, and no later than 5:00 P.M. on March 22, 2000, and must meet the requirements to serve as mayor or a councilmember, as set forth in the City of Terrell Charter and Code of Ordinances.

A substantial 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.

PASSED AND APPROVED on this the 7th day of March, 2000.
PASSED AND ADOPTED on this the 21st day of March, 2000.

16. DISCUSS AND CONSIDER APPOINTMENT TO TERRELL TOURISM BOARD

City Manager Gordon Pierce presented to Council for discussion and consideration Appointment to Terrell Tourism Board to replace Monica Cox. Councilmember James Huffman made a motion to nominate Marion Briggs to the Terrell Tourism Board. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes -none. Motion carried.

17. DISCUSS AND CONSIDERAPPOINTMENTS TO ZONING BOARD OF ADJUSTMENTS

City Manager Gordon Pierce presented to Council for discussion and consideration Appointment to Zoning Board of Adjustments. Councilmember Tommy Spencer made a motion to re-appoint Jack Rymer, Beatrice Butler, and Dr. Scott Ervin to the Zoning Board of Adjustments. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

18. DISCUSS TML REPORT FROM ADVISORY COMMITTEE ON ELECTRONIC COMMERCE AND CONSIDER APPROVAL OF RESOLUTION NO. 365 - AFFIRMING SUPPORT FOR NEUTRAL TAX TREATMENT OF INTERNET PURCHASES

City Manager Gordon Pierce presented to Council for discussion and consideration TML Report from Advisory Committee on Electronic Commerce and Consider Approval of Resolution No. 365 - Affirming Support for Neutral Tax Treatment of Internet Purchases. Councilmember Tommy Spencer made the motion to approve Resolution No. 365 - Affirming Support for Neutral Tax Treatment of Internet Purchases. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes -none. Motion carried.

19. HEAR REMARKS FROM VISITORS

None were made.

OLD BUSINESS
CONSENT AGENDA

20. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 2010 ON SECOND READING - BUDGET AMENDMENT FOR SEWER YARD LINE MAINTENANCE PROGRAM AND TRAFFIC STUDY

City Manager Gordon Pierce presented to Council for discussion and consideration Adoption of Ordinance No. 2010 on Second Reading - Budget Amendment for Sewer Yard Line Maintenance Program and Traffic Study. Councilmember James Huffman made a motion to adopt Ordinance No. 2010 on Second Reading - Budget Amendment for Sewer Year Line Maintenance Program and Traffic Study with the change to take funds for the traffic study from the council contingency fund. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2010

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 AUGUST 26, 1999, TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

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

SECTION I.

The General Fund Budget is amended to reflect the following increases in the budget:

GENERAL FUND BUDGETED AMOUNT AMENDED
REVENUES

010-11-4498 Contingency Fund $ 118,315.00 ($25,000) $ 93,315
010-11-4496 Sewer Yard Line Maint. Program -0- $25,000 $ 25,000
010-21-4505 Traffic Study -0- $ 1,500 $ 1,500

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 15th DAY OF FEBRUARY, 2000.
PASSED AND ADOPTED ON THIS 7th DAY OF MARCH, 2000.

21. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:
c) MEMORANDUM REGARDING KAUFMAN COUNTY DAY
Henry Madgwick, James Huffman, Frances Anderson, Lee Schaeffer and Tommy Spencer will be attending Kaufman County Day.

d) LETTER REGARDING NUCOR GRANT ISSUE

e) CITY COUNCIL RETREAT UPDATE
This item to be placed on the March 21, 2000 Council agenda.

22. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, SECTION 551.072, ACQUISITION OF PROPERTY - CONVENIENCE STATION RIGHT-OF-WAY

23. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, SECTION 551.072, ACQUISITION OF PROPERTY - DISCUSS DEED REVERSION FOR PROPERTY ON AIRPORT ROAD

24. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, SECTION 551.074, PERSONNEL MATTERS - DUTIES AND RESONSIBILITIES OF CITY ATTORNEY

25. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION , IF ANY, ON ITEMS DISCUSSEDC 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, SR., MAYOR

ATTEST:

___________________________________________
JOHN ROUNSAVALL, CITY SECRETARY

City Council Minutes
March 7, 2000

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