Minutes 

CITY COUNCIL MEETING

SEPTEMBER 21, 1999

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, September 21, 1999 in the City Council Chambers at 5:30 P.M. with the following members present:

COUNCILMEMBER #1 HENRY C. MADGWICK, SR
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

Reverend Bob Price gave the opening prayer.

3. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF SEPTEMBER 21, 1999.

Councilmember James Huffman made a motion to approve the minutes of the City Council Regular Meeting Minutes of September 21, 1999. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes -none. Motion carried.

NEW BUSINESS

4.
(a) CONDUCT A PUBLIC HEARING ON REQUEST FOR ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 14-21, BLOCK 4, TERRELL TERRACE FROM CURRENT ZONING MULTI-FAMILY (MF) TO RETAIL (R).

No one spoke for or against the zone change on property described as Lots 14-21, Block 4, Terrell Terrace from current zoning multi-family (MF) to retail (R). Mayor Henry Madgwick closed the public hearing.

(b) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1987 - ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 14-21, BLOCK 4, TERRELL TERRACE FROM CURRENT ZONING MULTI-FAMILY (MF) TO RETAIL (R).

1st READING

City Manager Gordon Pierce presented to Council for consideration to approve on first reading Ordinance No. 1987 - Zone change on property described as lots 14-21, Block 4, Terrell Terrace from current zoning Multi-Family (MF) to Retail (R). Councilmember Lee Schaeffer made a motion to approve Ordinance No. 1987 - Zone change on property described as lots 14-21, Block 4, Terrell Terrace from current zoning Multi-Family (MF) to Retail (R) on first reading. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 1987

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM MULTI-FAMILY (MF) TO RETAIL (R) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 14-21 BLOCK 4 TERRELL TERRACE, TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

5.
(c) CONDUCT A PUBLIC HEARING ON REQUEST FOR ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 1-4, BLOCK 3, TERRELL TERRACE FROM CURRENT ZONING SINGLE FAMILY (1F2) TO MULTI-FAMILY (MF)

No one spoke for or against the zone change on property described as Lots 1-4, Block 3, Terrell Terrace from current zoning single family (1F2) to Multi-Family (MF). Mayor Henry Madgwick closed the public hearing.

(d) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1986 - ZONE CHANGE ON PROPERTY DESCRIBED AS LOTS 1-4, BLOCK 3, TERRELL TERRACE FROM CURRENT ZONING SINGLE-FAMILY (1F2) TO MULTI-FAMILY (MF).

1st READING

City Manager Gordon Pierce presented to Council for consideration to approve on first reading Ordinance No. 1986 - Zone change on property described as Lots 1-4, Block 3, Terrell Terrace from current zoning Single-Family (SF) to Multi-Family (MF). Councilmember Frances Anderson made a motion to approve Ordinance No. 1986 - Zone change on property described as Lots 1-4, Block 3, Terrell Terrace from current zoning Single-Family (SF) to Multi-Family (MF) on first reading.. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 1986

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM SINGLE-FAMILY (1F2) TO MULTI-FAMILY (MF) FOR PROPERTY LEGALLY DESCRIBED AS LOTS 1-4 BLOCK 3 TERRELL TERRACE, TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

NEW BUSINESS

6. DISCUSS AND CONSIDER PLANNING AND ZONING RECOMMENDATION FOR FINAL REPLAT OF LOTS 1-2, BLOCK A, RANSOM SOWELL SURVEY ABSTRACT NO. 443, MEADOWVIEW ADDITION.

City Manager Gordon Pierce, Building Official Will Cole and Larry Freeman presented to Council Planning and Zoning recommendation for final replat of Lots 1-2, Block A, Ransom Sowell Survey Abstract No. 443, Meadowview Addition. Councilmember Frances Anderson wanted to know if this item had the minutes of the Planning and Zoning meeting attached. City Manager Gordon pierce indicated that the excerpts of the P&Z meeting are attached. Councilmember reminded the Mayor that the minutes of the P&Z are supposed to be attached to these items. Councilmember Anderson called on James Mays to explain the vote taken on this item. Mrs. Anderson pointed out that a member of the P&Z commission did not vote on this item and it was not indicated in the excerpts of the minutes. Mayor Madgwick indicated the council did sometime ago request the minutes of meeting from all boards. City Manager Gordon Pierce indicated he was not aware of the council request. Mr. Pierce advised the Council that the actual minutes would slow the process down as the minutes of the previous P&Z meeting would have to be approved at the next meeting of the P&Z before the item could be placed on the Council agenda. After discussion by the council it was decided that the draft minutes of the P&Z meeting should be attached to the agenda items. Larry Freeman discussed the ingress and egress to the property with the Council. City Manager recommended the item be returned to the P&Z Councilmember Anderson made a motion to return this item to the Planning and Zoning Commission for further review and additional wording in the final plat before approval. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion carried.

7. DISCUSS AND CONSIDER RESOLUTION NO. 344 - NEW USE CLASSIFICATION FOR BED AND BREAKFAST.

City Manager Gordon Pierce presented to Council for consideration Resolution No. 344 - New Use Classification for Bed and Breakfast. Councilmember Lee Schaeffer made a motion to approve Resolution No. 344 - New Use Classification for Bed and Breakfast. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 344

A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TERRELL, TEXAS, APPROVING AND
AUTHORIZING THE ADDITION OF A NEW USE
CLASSIFICATION TO THE TERRELL ZONING
ORDINANCE

WHEREAS, the Terrell Planning and Zoning Commission met in a meeting on the 13TH day of September, 1999 and recommended to the City Council approval of new use classification - Bed & Breakfast.

WHEREAS, the new use classification for Bed & Breakfast shall be defined and explained as: A dwelling occupied as a permanent residence by an owner or renter for lodging and meals in which not more than five (5) rooms are utilized by transient guests for lodging and meals for compensation.

1. Establishment must meet the rules and regulations applicable to retail food service establishments.
2. Establishment must provide off-street parking as required by the Terrell Zoning Ordinance.
3. Establishment must meet the rules and regulations required by the Standard Plumbing Code as a residential occupancy

Permissive use in Two-Family (2F) and Multi-Family (MF) Zoning. Allowable with Specific Use Permit in Single Family (1F-1; 1F-2) and General Residence (GR).

WHEREAS, the City Council has determined that a true and real need for the new use classification exists.

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

THAT the new use classification - Bed & Breakfast be added to the Terrell Zoning Ordinance in accordance with the above referenced definition and explanation.

PASSED AND ADOPTED THIS 21st DAY OF SEPTEMBER, 1999.

14. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 351 - OPPOSING THE REDUCTION OF TEXAS COMMUNITY DEVELOPMENT PROGRAM GRANT FUNDS (AS PROPOSED BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT).

City Manager Gordon Pierce and Senator Betty Brown presented to Council for consideration to approve Resolution No. 351 - Opposing the Reduction of Texas Community Development Program Grant Funds (As Proposed by the U.S. Department of Housing and Urban Development). Councilmember Frances Anderson made a motion to approve Resolution No. 351 - Opposing the Reduction of Texas Community Development Program Grant Funds (As Proposed by the U.S. Department of Housing and Urban Development). Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 351

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, OPPOSING A REDUCTION IN TEXAS COMMUNITY DEVELOPMENT PROGRAM GRANT FUNDING AS PROPOSED BY THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

WHEREAS, the City of Terrell has a large number of low and moderate income citizens, and

WHEREAS, the City has certain water and sewer deficiencies which need solving, and

WHEREAS, the Texas Community Development Program provides an important source of funding which enables small communities to address serious water and sewer problems.;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Terrell, Texas, opposes implementation of a proposal by the U. S. Department of Housing and Urban Development to establish the optional entitlement communities program as it would result in a reduction of funds currently available through the Texas Community Development Program.

PASSED, APPROVED AND ADOPTED this 21ST day of September, 1999.

8. RECEIVE AND CONSIDER REVISED TOURISM FUND BUDGETS.

City Manager Gordon Pierce presented to Council Revised Tourism Fund Budgets. Councilmember Frances Anderson called upon Laura Wolfe Chairman of the Tourism Board to see if they were satisfied with the proposals as submitted. She stated the board is satisfied with the budgets presented. Councilmember James Huffman made a motion approved the revised Tourism Fund Budgets. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none. Motion carried.

9. DISCUSS AND CONSIDER APPROVAL OF RESIDENTIAL DEVELOPMENT INCENTIVE AGREEMENT BETWEEN THE CITY OF TERRELL AND TERRELL FOREST CREEK, L.P.

City Manager Gordon Pierce presented to Council for approval residential development incentive agreement between the City of Terrell and Terrell Forest Creek, L.P. Mr. Bud McGinnis came before the Council to request Council approve this contract. Councilmember James Huffman made a motion to enter into this agreement subject to changes in the contract (Section H)to be made by the City Attorney. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes-none. Motion carried.

10. DISCUSS AND CONSIDER TENCO PROPERTIES REQUEST FOR A TEMPORARY USE PERMIT TO SELL SELECT FILL MATERIAL FROM 52.5 ACRES OF LAND FROM THE J.C. HALE SURVEY, A-202, PRESENT ZONING OF LIGHT INDUSTRIAL (LI).

Councilmember Frances Anderson wanted to know if anyone was present to discuss this item. She believes this item should go before the Planning & Zoning Commission so people could ask question about this. Councilmember Anderson wanted to know what other member know about this. Councilmember James Huffman responded that two lakes on the property were already in existence and Nature Tech, Goodyear, and K&L Industries had already been supplied select fill materials from this same location, with verbal approval from the former building official. Councilmember Tommy Spencer responded that he was not aware of any verbal agreement. Councilmember Frances Anderson made a motion to deny Tenco Properties request for a temporary use permit to sell select fill material from 52.5 acres of land from the J.C. Hale Survey, A-202, present zoning of light industrial (LI) because the person that wants it shows a lack of interest by not being here. Councilmember Tommy Spencer seconded the motion. Ayes - Frances Anderson and Tommy Spencer. Nayes - Lee Schaeffer, Henry Madgwick, and James Huffman. Councilmember Lee Schaeffer made a motion to approve Tenco Properties request for a temporary use permit to sell select fill material from 52.5 acres of land from the J.C. Hale Survey, A-202, present zoning of light industrial (LI). Councilmember James Huffman seconded the motion. Ayes - Lee Schaeffer, James Huffman, and Henry Madgwick; Nayes - Frances Anderson, Tommy Spencer. Motion carried.

11. DISCUSS AND CONSIDER BID AWARD FOR DRY CHEMICAL FEEDER SYSTEM.

City Manager Gordon Pierce and Utility Director Sonny Groessel presented bid award for dry chemical feeder system. Councilmember James Huffman made a motion to award bid for dry chemical feeder system to Shamrock Inc. in the amount of $22,745.00. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion carried.

12. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1988 - AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 27: WATER AND SEWER RATES.

City Manager Gordon Pierce presented to Council for approval on first reading Ordinance No. 1988 - Amending Appendix 1, Fee Schedule, Section 27: Water and Sewer Rates. Councilmember Frances Anderson made a motion to approve Ordinance No. 1988 - Amending Appendix 1, Fee Schedule, Section 27: Water and Sewer Rates. Councilmember James Huffman seconded the motion. Ayes - all; Nayes - none. Motion carried.

1st Reading
ORDINANCE NO. 1988

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE, SECTION 27: WATER SERVICE RATES, PARAGRAPH (5), AND SECTION 28: SEWER SERVICE RATES AND CHARGES, PARAGRAPH (5); 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.

13. DISCUSS AND CONSIDER RELEASE OF LIEN AT LOT 180, BLOCK H, BREEZY HILL ADDITION.

Councilmember Tommy Spencer made a motion to table this item to the next Council Meeting. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion carried.

15. DISCUSS AND CONSIDER RESOLUTION NO. 352 - AUTHORIZING ADDITIONAL PENALTY ON DELINQUENT TAXES UNDER SECTION 33.08, TAX CODE.

City Manager Gordon Pierce presented to Council for consideration to approve Resolution No. 352 - Authorizing Additional Penalty on Delinquent Taxes Under Section 33.08, Tax Code. Councilmember Lee Schaeffer made a motion to approve Resolution No. 352 - Authorizing Additional Penalty on Delinquent Taxes Under Section 33.08, Tax Code. Councilmember Frances Anderson seconded the motion. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 352

A RESOLUTION AUTHORIZING ADDITIONAL PENALTY ON DELINQUENT TAXES UNDER SECTION 33.08, TAX CODE.

WHEREAS, the City of Terrell has contracted with private legal counsel to enforce collection of delinquent property taxes pursuant to Section 6.30, Texas Tax Code, or, alternatively, another taxing unit that collects taxes for the City of Terrell has contracted with private legal counsel under Section 6.30;

WHEREAS, such private legal counsel is entitled to 15% of the delinquent taxes, penalty and interest which are collected and subject to the contract, and the City of Terrell has previously imposed the additional penalty for collection costs under Section 33.07, Texas Tax Code; and

WHEREAS, Section 33.08 of the Texas Tax Code authorizes the City of Terrell to further provide that taxes that become delinquent on or after June 1 of the year in which they become delinquent shall incur an additional penalty not to exceed 15% of the tax, penalty and interest in order to defray costs of collection;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Terrell,

That all 1998 taxes and taxes for all subsequent years which become delinquent on or after June 1 of the year in which they become delinquent shall, in order to defray costs of collection, incur an additional penalty of 15% of the tax, penalty and interest.

PASSED AND APPROVED this 21st day of September, 1999.

16. DISCUSS AND CONSIDER DECLARING SURPLUS PROPERTY AND AUTHORIZING DISPOSITION.

City Manager Gordon Pierce presented to Council for consideration declaring surplus property and authorizing disposition. Councilmember Tommy Spencer made a motion to approve declaring surplus property authorizing disposition. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes -none. Motion carried.

17. DISCUSS AND CONSIDER CENTER FOR HOUSING RESOURCES PROPOSED HOME REPAIR PROGRAM.

City Manager Gordon Pierce presented to Council for consideration Center for Housing Resources Proposed Home Repair Program. Councilmember Tommy Spencer made a motion to approve participation for Center for Housing Resources Proposed Home Repair Program in the amount of $3,000.00 and use of City equipment to remove debris. Councilmember Lee Schaeffer seconded the motion. Ayes - all; Nayes - none. Motion carried.

18. DISCUSS AND CONSIDER DATE, TIME AND PLACE FOR THE CITY COUNCIL FALL WORKSHOP.

After discussion by the Council the Fall Workshop was scheduled for November 4-5, 1999 at Tanglewood Resort in Texoma, Texas. City Manager Gordon Pierce reminded the Council he needs agenda items for the retreat.

22. REVIEW BIDS AND CONSIDER AWARD OF CONTRACT FOR CONSTRUCTION OF INFRASTRUCTURE IMPROVEMENTS FOR PIONEER TERRACES (PROJECT NO. 98-08).

City Manager Gordon Pierce and Mr. Barry Halla presented to the City Council for review bids and consider award of contract for construction of infrastructure improvements for pioneer terraces (project no. 98-08). Mr. Halla indicated the bids exceeded the grant amount. Mr. Halla has approached his lenders and believes his company can defray some of the over run cost. Through changes in the quantities and modifications in the design the company can save an estimated $80,000. Councilmember Frances Anderson made a motion to award contract for construction of infrastructure improvements for pioneer terraces (project no. 98-08) to XIT Paving in the amount of $507,219.68 and additional amount not to exceed $40,000.00 in assistance for the project. The City Attorney was instructed to develop and agreement between New Life Rebuilders and the City of the additional funding. Councilmember Tommy Spencer seconded the motion. Ayes - all; Nayes - none.

21. DISCUSS RESULTS OF MEETING WITH RESTAURANT OWNERS REGARDING CITY REGULATIONS ON SMOKING.

City Manager Gordon Pierce presented to Council the results of meeting with restaurant owners regarding city regulations on smoking. Carolyn Spencer, 119 Mellon, came before Council to express her concern about passing through a smoking area to a non-smoking area and not allowing a buffet to be set up in a smoking area.

Councilmember James Huffman requested there be a public hearing set for the 1st City Council Meeting in November.

19. DISCUSS AND CONSIDER DATE FOR HOUSING WORKSHOP.

The Housing Workshop is scheduled for September 30, 1999 at 1:00 P.M.

20. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 1984 - BUDGET AMENDMENTS

1st READING

City Manager Gordon Pierce presented to Council for consideration to approve on first reading Ordinance No. 1984 - Budget Amendments. Councilmember James Huffman made a motion to approve Ordinance No. 1984 - Budget Amendments on first reading. Councilmember Frances Anderson seconded the motion. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 1984

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 1998, AND ENDING SEPTEMBER 30, 1999, AS PASSED AND ADOPTED ON SEPTEMBER 10, 1998, TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

23. HEAR REMARKS FROM VISITORS.

24. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1976 - EXTERIOR ELEVATION.

2nd READING

City Manager Gordon Pierce presented to Council for adoption Ordinance No. 1976 - Exterior Elevation on second reading. Councilmember Lee Schaeffer made a motion to adopt Ordinance No. 1976 - Exterior Elevation on second reading. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 1976

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS AMENDING THE TERRELL CITY CODE OF ORDINANCE BY ADDING SECTION 24 OF CHAPTER 4 "EXTERIOR CONSTRUCTION REQUIREMENTS AND STANDARDS" DESIGNATING REQUIREMENTS FOR MASONRY CONSTRUCTION OF EXTERIOR WALLS OF BUILDINGS WITHIN THE CITY OF TERRELL; PROVIDING FOR REQUIREMENTS AND STANDARDS; PROVIDING FOR CONSTRUCTION STANDARDS; PROVIDING FOR EXCEPTIONS AND EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

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

SECTION I.

That Chapter 4, Section 24: Exterior Construction Requirements and Standards of the Terrell City Code read as follows:

A. Purpose
The City considers it desirable and in the best interest of the public health, safety, morals and general welfare of the citizens of the City to add said Ordinance to provide for the enhancement of the overall visual image of the City and to encourage some degree of design consistency, by requiring exterior masonry walls for all structures as specified in this section.

B. General Requirements
For the purpose of administering this section, the following shall apply:
1. Calculations - the area of door and window openings shall not be included in the calculation of this requirement. Each primary elevation, i.e., front, side and rear will be considered a separate wall surface for the purpose of administering these requirements. The masonry requirement shall apply to all wall sections on all floors above the finish floor level of the foundation, as detailed in the Construction standards.

2. Acceptable Masonry Façade Materials - only the following materials shall be considered as meeting the masonry requirements:
a. natural stone
b. brick
c. precast concrete panels which are painted or integrally colored, exposed aggregate, or a combination of both;
d. stucco or similar exterior finishing system
e. concrete masonry units of the following type: split face, fluted, castle rock, shadow rock, score, and/or glazed

Common smooth face masonry units are specifically prohibited unless used in combination with other types of concrete masonry units and do not exceed twenty-five percent (25%) of the area covered by concrete masonry units. All concrete masonry units must be painted in accordance with manufacture's recommendations.

C. Construction Standards
1. Non-Residential - includes all buildings constructed on property that has frontage to a State maintained highway within the city limits

These standards apply to new construction, add-ons, any building visible from right-of-way.

a. Retail, Commercial, and Central Area Districts - the exterior wall surfaces of all structures or buildings, constructed in the Retail, Commercial, or Central Area districts shall consist of one hundred percent (100%) glass, brick, tiles, stone, concrete block, or precast or reinforced concrete materials. This requirement shall apply to all wall sections on all floors above the finish floor level of the foundation.

b. Light Industrial and Heavy Industrial District - the exterior walls of all structure or buildings constructed in the Light Industrial and Heavy Industrial zoning districts shall consist of at least eighty percent (80%) glass, brick, tile, stone, concrete block, or precast or reinforced concrete materials.

This requirement shall apply to the front elevation of the structure and at least thirty percent (30%) of the length of the side elevations. However, all walls facing or adjacent to a dedicated street or a single-family or two-family residential zoning district shall provide at least eighty percent (80%) masonry coverage. Walls "facing or adjacent" shall be considered any wall having an angle of less than eighty degrees (800) from the building line cord.

The remaining exterior walls may be constructed as masonry, or may be constructed of a pre-engineered and prefabricated type metal.

D. Exceptions and Exemptions
1. Procedures - exceptions to these requirement may be reviewed by the Planning & Zoning Commission for a recommendation to City Council for approval, on a case by case basis provided that the Commission and Council finds that the proposed building materials and arrangement of these materials will enhance and preserve the character of the neighborhood in which the structure is located. Consideration for exceptions to the above requirements shall be based on the architectural design and creativity of the structure, and its compatibility with surrounding developed properties.

Exceptions reviewed by the Commission and approved by Council shall be in effect for only the structure specifically authorized by the Commission and shall become null and void should no building permit be issued within the ninety (90) days or should the building permit for the specific structure expire.

Temporary building permits may be issued on a case by case basis provided that the Commission reviews and Council approves the proposed building materials.

These restrictions and standards do not apply to buildings less than four hundred (400) square foot, churches and existing Industrial Parks; and will not apply to Industrial Parks with deed restrictions and private development approved by the Planning & Zoning Commission. Accessory buildings may be exempted if screening is provided by fencing, architecture, landscape or brume.

SECTION II.

A. Severability
If any section or part of any section or paragraph of this Ordinance is declared invalid, or unconstitutional for any reason, it shall not invalidate or impair the validity, force or effect of any other section or sections or part of a section or paragraph of this ordinance.

B. Penalties
It shall be unlawful and a violation of this section for such any such person to whom an order is given under this section to fail or refuse to comply therewith. Any person who shall violate the terms and provisions of this section upon conviction thereof, be deemed guilty of a misdemeanor and each and every day this section is violated shall constitute a separate offense.

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 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.

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 on first reading on the17th day of August, 1999.
PASSED on second reading on the 21st day of September, 1999.

25. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1981 - AMENDMENT TO LIBRARY ADVISORY BOARD REPRESENTATION AND MEETING FREQUENCY.

2nd READING

City Manager Gordon Pierce presented to Council for consideration to adopt Ordinance No. 1981 - Amendment to Library Advisory Board Representation and Meeting Frequency on second reading. Councilmember James Huffman made a motion to adopt Ordinance No. 1981 - Amendment to Library Advisory Board Representation and Meeting Frequency on second reading. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1981

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 2 ADMINISTRATION, SECTION 4. LIBRARY ADVISORY BOARD; 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.

THAT Chapter 2, Administration, of the Terrell City Code, Revised is hereby amended as follows:

SECTION 4. LIBRARY ADVISORY BOARD

Paragraphs A, Library Advisory Board Created, Paragraph B, Office of Chairperson, C, Terms of Office, Paragraph D Library Director to Serve as Secretary, Paragraph E, Meetings and Paragraph F, General Duties of the Board are deleted in their entirety and replaced with the following:

A. LIBRARY ADVISORY BOARD CREATED

There is hereby created a library advisory board composed of nine (9) members, each of whom shall be appointed by the city council. Seven (7) members of the board shall be residents of the City of Terrell. Two (2) members of the board shall be residents of Kaufman County living outside the City of Terrell. The members of such board shall serve without remuneration for their service. Additionally, the library director shall serve as an ex officio non-voting member of the board.

B. OFFICERS

A chairperson and vice-chairperson of the board shall be elected by a majority of the members of the board at the beginning of the first meeting held each year. The chairperson of the board shall preside over all meetings of the board, appoint all committees, execute all documents authorized by the board, serve as an ex officio voting member of all committees, and generally perform all duties associated with that office. In the absence of the chairperson the vice-chairperson shall assume and perform the duties of that office. The library director or the director's designate shall serve as secretary of the board, attending and keeping minutes of all meetings.

C. TERMS OF OFFICE

All members shall be appointed for three (3) year terms or until their successors are appointed. The terms of the two (2) members who are residents of Kaufman County living outside the corporate limits of the City of Terrell shall begin January 1, 2000. Should a vacancy occur on the board, such vacancy shall be filled in the same manner as an original appointment except that the appointment shall be only for the remaining term of the vacated position.

D. MEETINGS

The board shall meet at regular quarterly intervals with advance notice being given in accordance with the Texas Open Meetings Law, as amended. Additional meetings may be called upon at the request of the chairperson or upon written request of three (3) members or upon notice from the library director. Five (5) members shall constitute a quorum and any action taken at a meeting shall require the affirmative vote of a majority of the members present.

E. GENERAL DUTIES OF THE BOARD

The library advisory board shall act only in an advisory capacity to the City Council in all matters pertaining to the library and shall acquaint itself with and make a continuous study and review of the library services offered by Terrell Public Library. The board shall advise the city council from time to time as to the present and future maintenance, operation, planning, acquisition, development, enlargement, and policies of the Terrell Public Library.

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.

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 7th DAY OF SEPTEMBER, 1999.
PASSED AND ADOPTED THIS 21ST DAY OF SEPTEMBER, 1999.

26. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1982 - AMENDMENT TO TERRELL PUBLIC LIBRARY FINES AND FEES SCHEDULE.

2nd READING

City Manager Gordon Pierce presented to Council for consideration to adopt Ordinance No. 1982 - Amendment to Terrell Public Library Fines and Fees Schedule on second reading. Councilmember Lee Schaeffer made a motion to adopt Ordinance No. 1982 - Amendment to Terrell Public Library Fines and Fees Schedule on second reading. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1982

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1, FEE SCHEDULE; SECTION 2: LIBRARY FEES AND CHARGES; 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.

THAT APPENDIX 1, FEE SCHEDULE, SECTION 2: LIBRARY FEES AND CHARGES, of the Terrell City Code, Revised is hereby deleted in its entirety and replaced as follows:

SECTION 2: LIBRARY FEES AND CHARGES

Item
Loan Period
Fine
Maximum
Books (regularly circulating)
14 days
$.10/day
$6.00
Books (circulating reference)
3 days
$.25/day
$6.00
Books (in-house circulation)
2 hours
$.25/hour
$6.00
Books-on-tape
14 days
$.10/day
$6.00
Compact Disks
14 days
$.10/day
$6.00
Videocassettes
3 days
$.25/day
$6.00
Videocassettes booked through
NETLS
variable
$1.00/day
$10.00
Information File Materials
3 days
$.25/day
$6.00
Tape Players
14 days

$1.00/day
$15.00
Interlibrary loan books
variable
$.25/day
$6.00

Lost or Damaged Items

Damaged Items
Irreparable Cost + $3.00 processing fee
Reparable
In-house $5.00
Rebinding Cost of rebinding
Barcode Replacement $1.00

Lost Items
Items belonging to
Terrell Public Library Cost + $3.00 processing fee
Interlibrary loan items Charges assessed by lending library
In the event a patron returns an item which previously has been declared lost and for which the patron has paid, the cost of the item less any accrued fine will be refunded to the patron. The processing fee is not refundable.

In instances where the cost of a lost or irreparably damaged item cannot be ascertained, the following average costs will be applied:

Book (juvenile) $15.00
Book (adult fiction) $20.00
Book (adult nonfiction) $25.00
Audiocassette $ 7.00
(Charges for books-on-tape with multiple tapes will be assessed at $7.00/tape.)
Compact Disks $15.00
Videocassettes $15.00
Information File Materials $ 5.00

The library director and assistant director reserve the authority to adjust these average costs in special situations such as loss of rare or historically significant materials.

Borrowers Cards

Kaufman County residents $0.00
Out of County residents $12.00/year
Out of County senior citizens $ 6.00/year
(60 or older)

Replacement cards
1st replacement $3.00
2nd replacement $4.00
3rd - nth replacement $5.00

Photocopies/Printouts

Photocopies from paper $.05/copy
Photocopies from microform $.25/copy
Computer printouts $.05/page
Color Computer printouts $.10/page

Postage

Videocassette booked through NETLS $2.00

Patrons to whom the library must send notice of a long overdue item via certified mail will be assessed the cost of postage for the notice.

Services

Exam Proctoring $5.00

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.

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 7th DAY OF SEPTEMBER, 1999.
PASSED AND ADOPTED THIS 21ST DAY OF SEPTEMBER, 1999.

27. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1985 - AMENDING CHAPTER 9, SECTION 9(A), CLASSIFICATION OF FIRE FIGHTERS AND SECTION 9(B)(2) CLASSIFIED POSITIONS IN THE POLICE DEPARTMENT OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS.

2nd READING

City Manager Gordon Pierce presented to Council for consideration to adopt Ordinance No. 1985 - Amending Chapter 9, Section 9(A), Classification of Fire Fighters and Section 9(B)(2) Classified Positions in the Police Department of the Revised Code of Ordinances of the City of Terrell, Texas on second reading. Councilmember Tommy Spencer made a motion to adopt Ordinance No. 1985 - Amending Chapter 9, Section 9(A), Classification of Fire Fighters and Section 9(B)(2) Classified Positions in the Police Department of the Revised Code of Ordinances of the City of Terrell, Texas on second reading. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1985

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 9, SECTION 9(A) CLASSIFICATION OF FIRE FIGHTERS AND SECTION 9(B)(2) CLASSIFIED POSITIONS IN THE POLICE DEPARTMENT, 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.

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

ARTICLE I.

THAT, Chapter 9, Section A. Classification of Fire Fighters and Section B. (2) Classified Positions in the Police Department of the Revised Code of Ordinances of the City of Terrell, Texas, be and is hereby amended to read as follows:

SECTION A. CLASSIFICATION OF FIRE FIGHTERS

Fire Fighters of the City of Terrell Fire Department are classified as follows, and the numbers of positions of each classification thereof are as follows, with the salary per position as stated adjacent to each classification:

BASE
NUMBER OF MONTHLY
CLASSIFICATION POSITIONS SALARY

Fire Inspector/Investigator 1 $2.411.00

Lieutenant 3 $2,296.00

Driver/Engineer 6 $2,069.00

Fire Fighter 3 $2,028.00

SECTION B. (2)

Police Officers of the City of Terrell Police Department are classified as follows, and the numbers of positions of each classification thereof are as follows, with the salary per position as stated adjacent to each classification.
BASE
NUMBER OF MONTHLY
CLASSIFICATION POSITIONS SALARY

Sergeant 7 $2,296.00

Corporal 6 $2,192.00

Patrol Officer 22 $2,088.00

Each police officer as classified herein has civil service protection. A classified position may be filled only from an eligibility list that results from an examination held in accordance with Chapter 143 of the Texas Local Government Code.

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.
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 7TH DAY OF SEPTEMBER, 1999.
PASSED AND ADOPTED THIS 21ST DAY OF SEPTEMBER, 1999.

28. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE.

City Manager presented information about his ICMA Annual Conference.

City Manager presented information to Council regarding NETLS meeting.

City Manager presented information to Council regarding Texas Capital Grant (2nd) Round Application Final Scores.

City Manager presented Gant Chart to Council.

29. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, SECTION 551.071 - CONSULTATION WITH ATTORNEY REGARDING PENDING OR CONTEMPLATED LITIGATION.

30. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION.

No action taken in executive session.

31. 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 Meeting
September 21, 1999

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