Minutes 

REGULAR CITY COUNCIL MEETING

AUGUST 1, 2000

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, August 1, 2000 in the
City Council Chambers at 5:30 P.M. with the following members present:

COUNCILMEMBER #1 HENRY C. MADGWICK
COUNCILMEMBER #2 ABSENT
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 JAMES HUFFMAN

1. CALL TO ORDER

Mayor Henry 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 JULY 18, 2000

Mayor Pro tem Lee Schaeffer made a motion to approve the City Council Regular
Meeting Minutes of July 18, 2000. Councilmember Frances Anderson seconded the
motion. Ayes - all; Nayes -none. Motion carried.

4. SPECIAL PRESENTATION

Library Director Becky Sullivan presented to the City Council a check from the Wal-
Mart Distribution Center for Friends of the Library in the amount of $2,000.00.

Housing Director Debbie Zajac presented to the City Council a check from the Wal-Mart
Distribution Center for "Raise the Roof" in the amount of $7,000.00.

PUBLIC HEARING

5.
a) CONDUCT A PUBLIC HEARING REGARDING HOUSING
DEPARTMENT FIVE YEAR PLAN AND ANNUAL PLAN FOR
FISCAL YEAR 2000

Mayor Henry Madgwick opened a Public Hearing Regarding Housing Department Five
Year Plan and Annual Plan for Fiscal Year 2000. Debbie Zajac presented information.
No one spoke for or against the Housing Department Five-Year Plan and Annual Plan for
Fiscal Year 2000. Mayor Henry Madgwick closed the public hearing.

b) DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO.
374 - APPROVING SUBMISSION OF HOUSING DEPARTMENT
FIVE YEAR PLAN AND ANNUAL PLAN FOR FISCAL YEAR 2000

Councilmember James Huffman made a motion to approve Resolution No. 374 -
Approving Submission of Housing Department Five-Year Plan and Annual Plan for
Fiscal Year 2000. The motion was seconded by Mayor Pro tem Lee Schaeffer. Ayes -
all; Nayes - none. Motion carried.

RESOLUTION NO. 374

A RESOLUTION OF THE CITY OF TERRELL, TEXAS
APPROVING THE SUBMISSION OF THE TERRELL
HOUSING DEPARTMENT 5-YEAR PLAN FOR FISCAL
YEARS 2000-2004 AND THE ANNUAL PLAN FOR
FISCAL YEAR 2000.

WHEREAS, Section 511 of the Quality Housing and Work Responsibility Act of 1998
(QHWRA) created the public housing agency plans - a 5-year plan and an annual plan.

WHEREAS, the 5-year plan describes the mission of the agency and the agency's long
range goals and objectives for achieving its mission over the subsequent 5 years.

WHEREAS, the annual plan provides details about the agency's immediate operations,
program participants, programs and services, and the agency's strategy for handling
operational concerns, residents' concerns and needs, programs and services for the
upcoming year.

WHEREAS, notice was published and the Plans have been on display at the Terrell
Housing Department Offices at 115 N. Adelaide, Suite 305, Terrell, TX, 75160. The
Plans will remain on display and serve as a resource library for the community, while
eliminating the need for extensive submissions to HUD.

BE IT RESOLVED, that the City Council of the City of Terrell, Texas, (acting as the
Board of Commissioners for the Section 8 Rental Assistance Program) hereby approves
for submission the attached PHA Certifications of Compliance and Board Resolution.

Approved this 1st day of August, 2000.

NEW BUSINESS

6. DISCUSS AND CONSIDER TOURISM BOARD RECOMMENDATION
FOR ALLOCATION OF HOTEL/MOTEL TAX FUNDS

City Manager Gordon Pierce and Dr. Horace Flatt presented to Council for discussion
and consideration Tourism Board Recommendation for Allocation of Hotel/Motel Tax
Funds. Councilmember James Huffman made a motion to accept Tourism Board
Recommendation for Allocation of Hotel/Motel Tax Funds. The motion was seconded
by Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes -none. Motion carried.

7. REVIEW BIDS FOR REPLACEMENT/RELOCATION OF WATER AND
SEWER FACILITIES ON WEST MOORE BETWEEN FIRST AND
NINTH (PROJECT NO. 00-03) AND CONSIDER AWARD OF
CONTRACT AND APPROVAL OF CHANGE ORDER NO. 1

City Manager Gordon Pierce and Larry Freeman of Freeman Millican presented to
Council for review Bids for Replacement/Relocation of Water and Sewer Facilities on
West Moore Between First and Ninth (Project No. 00-03) and Consider Award of
Contract and Approval of Change Order No. 1. Mayor Pro tem Lee Schaeffer made a
motion to award bid to Sperling Company in the amount of $117,760.00 and approve
Change Order No. 1. Councilmember Frances Anderson seconded the motion. Ayes -
all; Nayes - none. Motion carried.

8. DISCUSS AND CONSIDER PROPOSALS FOR TELEPHONE SYSTEM
FOR CITY OF TERRELL

City Manager Gordon Pierce and Carol Holland, Director of Human Resources,
presented to Council for discussion and consideration Proposals for Telephone System
for City of Terrell. Councilmember Frances Anderson made a motion to award
Telephone System to Steve O'Reilly in the amount of $34,228.00. Councilmember
James Huffman seconded the motion. Ayes - all; Nayes -none. Motion carried.

9. DISCUSS AND CONSIDER APPROVAL ON FIRST READING
ORDINANCE NO. 2027 - SEPTIC TANK DISPOSAL RATES

City Manager Gordon Pierce and Sonny Groessel, Director of Utilities, presented to
Council for discussion and consideration on First Reading Ordinance No. 2027 - Septic
Tank Disposal Rates. Councilmember James Huffman made a motion to approve on
First Reading Ordinance No. 2027 - Septic Tank Disposal Rates. Councilmember
Frances Anderson seconded the motion. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2027

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE,
SECTION 28: SEWER SERVICE RATES AND CHARGES, BY
ADDING PARAGRAPH (7); 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.

10. DISCUSS AND CONSIDER APPROVAL ON FIRST READING
ORDINANCE NO. 2028 - AMENDING ORDINANCE NO. 1905, SECTION
3: DEFINITION; SECTION 21: PERMITTED SIGNS; AND SECTION 21.2
(F): CENTRAL AREA (CA) ZONING DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY AND ESTABLISHING
AN EFFECTIVE DATE

City Manager Gordon Pierce and Municipal Development Director Will Cole presented
to Council for discussion and consideration on First Reading Ordinance No. 2028 -
Amending Ordinance No. 1905, Section 3: Definition; Section 21: Permitted Signs; and
Section 21.2 (F): Central Area (CA) Zoning District; Providing for Severability;
Providing for Penalty and Establishing an Effective Date. Councilmember James
Huffman made a motion to approve on First Reading Ordinance No. 2028 - Amending
Ordinance No. 1905, Section 3: Definition; Section 21: Permitted Signs; and Section 21.2
(F): Central Area (CA) Zoning District; Providing for Severability; Providing for Penalty
and Establishing an Effective Date with modification to limit signs in residential areas to
eight (8') feet in height. Councilmember Frances Anderson seconded the motion. Ayes
- all; Nayes - none. Motion carried.

ORDINANCE NO. 2028

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING
ORDINANCE NO. 1905, SECTION 3: DEFINITIONS; SECTION 21:
PERMITTED SIGNS; SECTION 21.2(B)(2) AND SECTION 21.2(F):
CENTRAL AREA (CA) ZONING DISTRICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY AND ESTABLISHING
AN EFFECTIVE DATE.

11. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 375 -
SELECTION OF A PROJECT ENGINEER AND PROJECT
ADMINISTRATOR FOR THE CITYS' 2001-2002 TEXAS COMMUNITY
DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE
COMMUNITY DEVELOPMENT FUND

City Manager Gordon Pierce presented to Council for discussion and consideration
Approval of Resolution No. 375 - Selection of a Project Engineer and Project
Administrator for the City's 2001-2002 Texas Community Development Program
Application to the Texas Department of Housing and Community Affairs for the
Community Development Fund. Councilmember Frances Anderson made a motion to
approve Resolution No. 375 - Selection of a Project Engineer and Project Administrator
for the City's 2001-2002 Texas Community Development Program Application to the
Texas Department of Housing and Community Affairs for the Community Development
Fund. Tim Glendening was chosen for project administration and Schaumburg and Polk
was chosen as project engineer. The motion was seconded by Mayor Pro tem Lee
Schaeffer. Ayes - all; Nayes - none. Motion carried.
RESOLUTION NO. 375

A RESOLUTION OF THE CITY OF TERRELL, TEXAS
AUTHORIZING THE SELECTION OF A PROJECT
ENGINEER AND PROJECT ADMINISTRATOR FOR
THE CITY'S 2001/2002 TEXAS COMMUNITY
DEVELOPMENT PROGRAM APPLICATION TO THE
TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS FOR THE COMMUNITY
DEVELOPMENT FUNDS.

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/moderate income; and

WHEREAS, certain conditions exist which represent a threat to the public health and
safety; and

WHEREAS, it is necessary and in the best interests of the City of Terrell to apply for
funding under the 2001/2002 Texas Community Development Program;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TERRELL, TEXAS:

1. That, the City selects Sschaumburg & Polk to be its project engineer should their
2001/2002 application for Texas Community Development Program funds with
the Texas Department of Housing and Community Affairs be funded.

2. That, the City selects Tim Glendening & Associates, Inc. to be its project
administrator should their 2001/2002 application for Texas Community
Development Program funds with the Texas Department of Housing and
Community Affairs be funded.

Approved this 1st day of August, 2000.

12. HEAR REMARKS FROM VISITORS

Johnny Williams complained about the road conditions on St. James to Rose Hill. He
wants the City to fix what was torn up.
Ann Bruce came before City Council to speak in opposition of Item #13. Mr. Eugene
Walther spoke in support of Item 13.

Billy Hendrix, Roslyn Morris, Annette Pegram, and Warren Daniels spoke against Item
13.

OLD BUSINESS
CONSENT AGENDA

13. DISCUSS AND CONSIDER ADOPTION ON SECOND READING
ORDINANCE NO. 2026 - SPECIAL USE PERMIT FOR A
TELECOMMUNICATION CELL TOWER ON PROPERTY DESCRIBED
AS LOT 1, NORTON 2ND ADDITION

Councilmember Frances Anderson requested Item #13 be removed from Consent Agenda
for Council discussion. Council debated this item at length. Councilmember Frances
Anderson commented the Planning and Zoning Commission unanimously denied the
special use permit. Additionally this item needs to be tabled until the absent
Councilmember has had an opportunity to further study the matter.

Mayor Pro tem Lee Schaeffer called for the Representatives of Sprint to come before
Council to answer some questions from Ms. Pegram of how often will environmental
evaluations of RF emissions be conducted? Gordon Pierce responded that he is not aware
of any being request by any agency. Cliff Grimes, RF Engineer from Sprint stated there
are no agencies that request a study on a regular basis. The FCC sets limits on what
companies are allowed to emit. Lee Schaeffer asked what is the frequency of the RF
Signal. Clint Grimes responded 1900 megahertz or 1.9 gigahertz.

Lee Schaeffer asked if there was a guarantee that there are not going to be any problems.
Clint Grimes responded he has never read anything that shows any indication of a
problem healthwise.

Councilmember James Huffman provided Council a petition in support of the tower.

Councilmember Frances Anderson made a motion to deny Adoption on Second Reading
Ordinance No. 2026 - Special Use Permit for a Telecommunication Cell Tower on
Property Described as Lot 1, Norton 2nd Addition. The motion died for lack of second.

Councilmember Frances Anderson made a motion to table Adoption on Second Reading
Ordinance No. 2026 - Special Use Permit for a Telecommunication Cell Tower on
Property Described as Lot 1, Norton 2nd Addition to allow Councilmember Tommy
Spencer to be present to review and study the matter. Motion died for lack of second.

Councilmember James Huffman made a motion to adopt on second reading Ordinance
No. 2026 - Special Use Permit for a Telecommunication Cell Tower on Property
Described as Lot 1, Norton 2nd Addition. The motion was seconded by Mayor Pro tem
Lee Schaeffer. Ayes - James Huffman, Lee Schaeffer, Henry Madgwick; Nayes -
Frances Anderson. Motion carried.

ORDINANCE NO. 2026

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING
A SPECIFIC USE PERMIT ON PROPERTY DESCRIBED AS LOT 1,
NORTON 2ND ADDITION OF THE CITY OF TERRELL, KAUFMAN
COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF
CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY;
AND PROVIDING AN EFFECTIVE DATE.

SECTION I.

WHEREAS, the City Council of the City of Terrell, following public hearing and
recommendation of denial by the Planning and Zoning Commission, held a public
hearing at 7:00 p.m. on Tuesday, July 18, 2000, in the Council Chamber of the City Hall
in Terrell, Texas to consider a request for a Specific Use Permit for a telecommunication
cell tower on property described as Lot 1, Norton 2nd Addition. City of Terrell, Kaufman
County, Texas; and

WHEREAS, the City Council has determined the real property is located in a Light
Industrial (LI) 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.

NOW, THERFORE, BE IT ORDAINED by the City Council of the City of Terrell,
Texas that:

A Specific Use Permit is granted to locate one (1) telecommunication cell tower on
property described as Lot 1, Norton 2nd Addition, City of Terrell, Kaufman County,
Texas.

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.

Ordinance No. 2026
Page 2

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 18th DAY OF JULY, 2000.
PASSED AND ADOPTED ON THIS 1ST DAY OF AUGUST, 2000.

14. DISCUSS AND CONSIDER ADOPTION ON SECOND READING
ORDINANCE NO. 2024 - ZONE CHANGE ON PROPERTY DESCRIBED
AS 104.69 ACRES OF THE J.C. HALE SURVEY, ABSTRACT A-202,
FROM CURRENT ZONING OF SINGLE-FAMILY (1F2) TO
RESIDENTIAL PLANNED DEVELOPMENT (PD)

ORDINANCE NO. 2024

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TERRELL, TEXAS, CHANGING THE ZONING FROM SINGLE-
FAMILY (1F2) TO PLANNED DEVELOPMENT RESIDENTIAL
(PD) FOR PROPERTY DESCRIBED AS 104.69 ACRES OF THE
J.C. HALE SURVEY, ABSTRACT A-202, 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 July 5, 2000, on a
request to change the zoning from Single-family (1F2) to Planned Development Residential (PD) for
property described below.

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, Texas; 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 Single-family (1F2) to Planned Development
Residential (PD) for property described below.

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Terrell, Texas:

THAT the zoning classification be and is hereby changed from Single-family (1F2) to Planned
Development Residential (PD) for property described as 104.69 acres of the J.C. Hale Survey, Abstract
A202.

Said zoning being based on the attached "Exhibit A" - Description of Planned Development.

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. 2024
Page 2

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 18th day of July, 2000.
PASSED AND ADOPTED THIS 1st day of August, 2000.

15. DISCUSS AND CONSIDER ADOPTION ON SECOND READING
ORDINANCE NO. 2025 - ZONE CHANGE ON PROPERTY DESCRIBED
AS LOT 7, BLOCK 420, VIRGINIA HEIGHTS FROM CURRENT
ZONING OF SINGLE-FAMILY (1F2) TO TWO-FAMILY (2F)

Councilmember James Huffman made a motion to adopt on Second Reading Ordinance
No. 2024 and Ordinance No. 2025 on Consent Agenda. The motion was seconded by
Mayor Pro tem Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2025

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TERRELL, TEXAS, CHANGING THE ZONING FROM SINGLE
FAMILY (1F2) TO TWO-FAMILY (2F); FOR PROPERTY
DESCRIBED AS LOT 7, BLOCK 420 VIRGINIA HEIGHTS,
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 July 5, 2000, on a
request to change the zoning from Single Family (1F2) to Two-Family (2F) for property described below.

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, Texas; 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 Single-Family (1F2) to Two-Family (2F) for
property described below.

NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Terrell, Texas:

THAT the zoning classification be and is hereby changed from Single-Family (1F2) to Two-Family (2F)
for property described as Lot 7, Block 420, Virginia Heights.

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. 2025
Page 2

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 18TH DAY OF JULY, 2000.
PASSED AND ADOPTED THIS 1ST DAY OF AUGUST, 2000.

16. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:

City Manager Gordon Pierce presented his Reports and Correspondence to Council:

c) TEXAS MUNICIPAL LEAGUE REGION 13 MEETING REGISTRATION

d) MANAGER'S REPORT: STATE OF THE CITIES SYMPOSIUM
REGISTRATION - SEPTEMBER 21-22, 2000 IN AUSTIN, TEXAS

e) MEMORANDUM REGARDING TERRELL ECONOMIC
DEVELOPMENT CORPORATION APPOINTMENT

17. ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH
SECTION 551 OF THE TEXAS GOVERNMENT CODE TO DISCUSS
THE FOLLOWING: SECTION 551.072 - ACQUISITION OF LAND

18. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF
ANY, ON ITEM DISCUSSED IN EXECUTIVE SESSION

Mayor Henry Madgwick reconvened the City Council into regular session to consider
action on the item discussed in executive session. Councilmember James Huffman made
a motion to approve the contract for the purchase of the property from TXU Electric
Company subject to the amendment of Section 3.05 of the contract providing for
conveyance of the property to the city, free and clear of all liens and encumbrances at
time of closing and extending the closing date if necessary. Councilmember Frances
Anderson seconded the motion. . Ayes - all; Nayes -none. Motion carried.

19. ADJOURN

There were no other items discussed or acted on at this meeting. There being no further
business the meeting was adjourned.

______________________________
Henry Madgwick, Sr., Mayor

Attest:

____________________________
John Rounsavall, City Secretary

City Council Meeting
August 1, 2000

Please report any problems
to Word Works