Minutes 

CITY COUNCIL MEETING

APRIL 15, 1997

7:00 P.M.

1.0 ANNOUNCEMENTS & PUBLIC HEARINGS

A regular meeting of the City Council was held April 15, 1997, at 7:00 p.m. in the City Council Chambers at City hall with the following members present:

COUNCILMEMBER #1 DON L. LINDSEY
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 JACK JONES
COUNCILMEMBER #5 ROBERT MESSER

1.1 INVOCATION

Mayor Don L. Lindsey called the meeting to order and Frances Anderson gave the opening prayer.

2.0 MINUTES

2.1 CONSIDER APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETING HELD APRIL 1, 1997, AND SPECIAL CITY COUNCIL MEETING HELD APRIL 8, 1997

A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to approve minutes of Regular Meeting held April 1, 1997, and Special Meeting held April 8, 1997. Ayes all; Nayes none. Motion carried.

3.0 BIDS

None

4.0 ROUTINE BUSINESS

None

5.0 OLD BUSINESS

5.1 CONSIDER APPROVAL OF ORDINANCE NO. 1870 - AMENDING SIGN ORDINANCE

A motion was made by Mayor ProTem Robert Messer and seconded by Frances Anderson to adopt on second reading the following Ordinance No. 1870 - Amending Sign Ordinance. Ayes all; Nayes none. Motion carried.

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APRIL 15, 1997
PAGE 2

ORDINANCE NO. 1870

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 1832, REGULATING THE CONSTRUCTION AND USE OF SIGNS, BANNERS, AND AWNINGS IN THE CENTRAL BUSINESS DISTRICT, AS WELL AS THE CITY OF TERRELL BUT OUTSIDE THE CENTRAL BUSINESS DISTRICT BY AMENDING APPLICATION 2, ZONE II, SECTION VIII. SIGNS IN GENERAL; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.

ARTICLE I.

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

APPLICATION 2, ZONE II; SECTION VIII. SIGNS IN GENERAL:

SECTION VIII. SIGNS IN GENERAL

Amend Paragraph (E) to read as follows:

(E) TEMPORARY SIGNS - A "temporary sign" is a sign which includes, but is not limited to, a sign, banner, pennant, flag, searchlight, inflatable, outside display of merchandise or similar device which is to be displayed for a limited period of time. At the end of such period of time, such sign shall be removed. Temporary signs shall include, but shall not be limited to: banners, flags, pennants, searchlights, vehicle mounted signs, construction signs, ground signs, inflatable signs, model home signs, strobe lights, garage sale signs, and outdoor display of merchandise. Temporary signs can only be erected in any Zone II and III area and can be of wood materials, but cannot exceed 64 square feet, and can only be in place for no longer than 90 days. Banners for sponsored youth related activities may be placed on the outfield fences in the city's parks for a period not to exceed 180 days.

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, paragraphs, or section.

CITY COUNCIL MINUTES
APRIL 15, 1997
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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 1st day of April, 1997.

PASSED AND ADOPTED on final reading this the 15th day of April, 1997, by the City Council of the City of Terrell, Texas.

______________________________
DON L. LINDSEY, MAYOR

ATTEST:

_______________________________________
JOHN ROUNSAVALL, CITY SECRETARY

APPROVED AS TO FORM:

_______________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

6.0 NEW BUSINESS

6.1 CONSIDER APPROVAL OF ORDINANCE NO. 1872 - SPECIFIC USE PERMIT

Councilmember Jack Jones requested written report from P&Z in future. A motion was made by Councilmember Tommy Spencer and seconded by Councilmember Frances Anderson to deny request of specific use permit in support of P&Z recommendation. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1872

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT ON PROPERTY LEGALLY DESCRIBED AS LOT 1, RAMSEY ADDITION, J.C. HALE SURVEY A-202 (1402 HWY. 34 SOUTH), OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

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APRIL 15, 1997
PAGE 4

6.2 CONSIDER APPROVAL OF ORDINANCE NO. 1873 - ZONE CHANGE REQUEST

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to deny request of Zone Change in support of P&Z recommendation. Ayes (3): Councilmembers Tommy Spencer, Jack Jones, and Frances Anderson; Nayes (1) Mayor ProTem Robert Messer. Motion carried.

6.3 CONSIDER APPROVAL OF FINAL PAYMENT TO GRACON CONSTRUCTION FOR WASTE WATER TREATMENT PLANT IMPROVEMENTS

City Manager Blaine Hinds recommended the City pay Gracon based on the recommendations on behalf of the City Attorney, Mary Gayle Ramsey and City Engineer, Stan Ballard, $198,618.03 + Interest from August, 1996 - March, 1997 totaling $7,724.00, with a balance due of $22,068.66 + Interest at 5.25% starting March 31, 1997 until final payment is made. A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Robert Messer to approve final payment to Gracon Construction for Waste Water Treatment Plant Improvements. Ayes all; Nayes none. Motion carried.

6.4 CONSIDER APPROVAL OF RESOLUTION NO. 303 - APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT 1997

Tim Glendenning presented Resolution for $250,000 Grant Fund. A motion was made by Councilmember Frances Anderson and seconded by Councilmember Tommy Spencer to approve on first reading Resolution No. 303. Ayes all; Nayes none. Motion carried.

RESOLUTION NO. 303

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, APPROVING AND AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FUNDING THROUGH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS/COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM.

WHEREAS, the City Council of the City of Terrell desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and

WHEREAS, certain conditions exist which represent a threat to the public health and safety, and it is necessary and in the best interest of the City to participate in the Texas Community Development Program.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Terrell, Texas, as follows:

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APRIL 15, 1997
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SECTION 1. That a Texas Community Development Program application for the Community Development Project Fund is hereby approved and authorized to be filed on behalf of the city with the Texas Department of Housing and Community Affairs.

SECTION 2. That the City's application be placed in competition for funding under the Community Development Project Fund in the amount of $250,000 to provide water system improvements.

SECTION 3. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and authorized representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program.

SECTION 4. That it further be stated that for the City's Texas Community Development Program - Community Development Project Fund application, the city is committing $25,000 for a portion of construction activities, $33,500 for engineering activities and $29,500 for general administration activities for a total local cash contribution of $88,000 provided through local funds in order to provide water system improvements.

RESOLVED this 15 day of April, 1997.

____________________________________
Don L. Lindsey, Mayor

ATTEST:

____________________________________
John Rounsavall, City Secretary

6.5 CONSIDER APPROVAL OF ORDINANCE NO. 1874 - MUNICIPAL COURT FINE LIST

A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Robert Messer to approve on first reading the following Ordinance No. 1874 - Municipal Court Fine List. Ayes all; Nayes none. Motion carried.

ORDINANCE NO. 1874

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, BY ADDING SECTION 32: MUNICIPAL COURT FINES AND FEES 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.

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APRIL 15, 1997
PAGE 6

6.6 CONSIDER APPROVAL OF UNION PACIFIC RIGHT-OF-WAY LEASE

A motion was made by Councilmember Frances Anderson and seconded by Mayor ProTem Robert Messer to approve lease and installation of barrier for the Union Pacific Right-of-Way. Ayes all; Nayes none. Motion carried.

6.7 CONSIDER APPROVAL OF PAYMENT FOR PROPERTY NEEDED FOR RIGHT-OF-WAY AT F.M. 148

City Attorney Mary Gayle Ramsey presented a proposed settlement of $20,000 for right-of-way, plus $1,000 for removal and replacement of fence. A motion was made by Mayor ProTem Robert Messer and seconded by Councilmember Frances Anderson to approval payment for property needed for right-of-way at F.M. 148. Ayes all; Nayes none. Motion carried.

7.0 DISCUSSION ITEMS

None

8.0 EXECUTIVE SESSION

8.1 ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH TITLE 5, GOVERNMENT CODE V.T.C.S., CHAPTER 551, OPEN MEETING, SECTION 551.074: PERSONNEL MATTERS; AND SECTION 551.071: PENDING LITIGATION

No decisions have been made.

9.0 HEAR REMARKS FROM VISITORS

Danny Booth with the Chamber of Commerce discussed fish donated by the Texas Parks and Wildlife.

Councilmember Tommy Spencer discussed streetlights on Poetry Road and Hwy 34. Request that Linda Seabolt research lights at a later date.

Councilmember Frances Anderson presented two Resolution for the Turn Around Terrell.

Mayor Don L. Lindsey discussed Bills introduced to the Texas Legislature.

Councilmember Jack Jones complimented TML for their services to the cities.

10.0 ADJOURNMENT

There were no other matters discussed or acted on at this meeting.
There will be no further business, the meeting was adjourned.

___________________________________
DON L. LINDSEY, MAYOR
ATTEST:

____________________________________
JOHN ROUNSAVALL, CITY SECRETARY

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