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Minutes 

CITY COUNCIL MEETING

SEPTEMBER 7, 1999

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, September 7, 1999 in the City Council Chambers at 5:30 P.M. with the following members present:

COUNCILMEMBER #1 ABSENT
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 JAMES HUFFMAN

1. CALL TO ORDER

Mayor Pro Tem James Huffman called the meeting to order.

2. INVOCATION

Reverend Ernie McCoulskey gave the opening prayer.

3. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF AUGUST 17TH, 1999 AND SPECIAL CITY COUNCIL MEETING MINUTES OF AUGUST 19TH AND AUGUST 26TH, 1999

Councilmember Frances Anderson made a motion to approve the City Council Regular Meeting Minutes of August 17th, 1999 and Special City Council Meeting Minutes of August 19th and August 26th, 1999. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

4. CONSIDER A PETITION BY AN ADJACENT PROPERTY OWNER TO VACATE THE ALLEY IN BLOCK 73, ORIGINAL TOWN

City Manager Gordon Pierce and City Engineer Stan Ballard presented to Council for consideration a Petition by Joe Rice to vacate the alley in Block 73, Original Town. Councilmember Lee Schaeffer made a motion to deny the petition and allow the property owner to build alley to City specifications. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

5. CONSIDER RATIFICATION OF THE TERRELL ECONOMIC DEVELOPMENT CORPORATION BOARD'S APPROVAL OF THE AGREEMENT WITH HBC ENGINEERING, INC., PROVIDING FOR MATERIALS TESTING SERVICES DURING CONSTRUCTION OF THE EXTENSION OF APACHE TRAIL, METROCREST WAY, AND RELATED IMPROVEMENTS (PROJECT NO. 99-07)

David Rhodes presented to Council for consideration ratification of the Terrell Economic Development Corporation Board's approval of the agreement with HBC Engineering Inc., providing for materials testing services during construction of the extension of Apache Trail, Metrocrest way, and related improvements (Project No. 99-07). Councilmember Frances Anderson made a motion to approve the ratification of the Terrell Economic Development Corporation Board's approval of the agreement with HBC Engineering Inc., providing for materials testing services during construction of the extension of Apache Trail, Metrocrest way, and related improvements (Project No. 99-07). The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

6. CONSIDER RATIFICATION OF THE TERRELL ECONOMIC DEVELOPMENT CORPORATIONS BOARD'S APPROVAL OF AN AMENDMENT TO THE AGREEMENT WITH HALFF ASSOCIATES, INC., PROVIDING FOR INSPECTION SERVICES DURING CONSTRUCTION OF THE EXTENSION OF APACHE TRAIL, METROCREST WAY, AND RELATED IMPROVEMENTS (PROJECT NO. 99-07)

David Rhodes presented to Council for consideration ratification of the Terrell Economic Development Corporation Board's approval of an amendment to the agreement with Halff Associates, Inc., providing for inspection services during construction of the extension of Apache Trail, Metrocrest Way, and related improvements (Project No. 99-07). Councilmember Lee Schaeffer made a motion to approve ratification of the Terrell Economic Development Corporation Board's approval of an amendment to the agreement with Halff Associates, Inc., providing for inspection services during construction of the extension of Apache Trail, Metrocrest Way, and related improvements (Project No. 99-07). The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

7. DISCUSS AND CONSIDER APPROVAL OF CONTRACT WITH DUNKIN, SEFKO & ASSOCIATES FOR UPDATING THE COMPREHENSIVE PLAN, ZONING/SUBDIVISION ORDINANCES, UTILITY/DRAINAGE PLANS AND RELATED SERVICES

Dan Sefko presented to Council for consideration a contract with Dunkin, Sefko & Associates for updating the comprehensive plan, zoning/subdivision ordinances, utility/drainage plans and related services. Councilmember Tommy Spencer made a motion to approve contract with Dunkin, Sefko & Associates for updating the comprehensive plan, zoning/subdivision ordinances, utility/drainage plans and related services. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes -none. Motion carried.

8. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE #1981 - AMENDMENT TO LIBRARY ADVISORY BOARD REPRESENTATION AND MEETING FREQUENCY
1st READING

Ann Huffman presented to Council for consideration to approve on first reading Ordinance #1981 - Amendment to Library Advisory Board representation and meeting frequency. Councilmember Lee Schaeffer discussed changing qualified voter to be residents of the County. Councilmember Tommy Spencer made a motion to approve Ordinance #1981 - Amendment to Library Advisory Board representation and meeting frequency on first reading with corrections. The motion was seconded by Councilmember Lee Schaeffer. 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.

9. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE #1982 - AMENDMENT TO TERRELL PUBLIC LIBRARY FINES AND FEES SCHEDULE
1st READING

Ann Huffman presented to Council for consideration to approve on first reading Ordinance #1982 - Amendment to Terrell Public Library fines and fees schedule. Councilmember Lee Schaeffer made a motion to approve Ordinance #1982 - Amendment to Terrell Public Library fines and fees schedule on first 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.

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

City Manager Gordon Pierce presented to Council for consideration the bids and award of the contract for construction of infrastructure improvements for Pioneer Terraces (Project No. 98-08). Councilmember Frances Anderson made a motion to table this item to the September 21, 1999 Council meeting. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

11. DISCUSS AND CONSIDER REQUESTING THE PLANNING AND ZONING COMMISSION TO STUDY AND RECOMMEND ZONING FOR ALL PROPERTY CURRENTLY ZONED HEAVY INDUSTRIAL (HI) LOCATED SOUTH OF OLD TALTY ROAD, AS IDENTIFIED BY THE CITY ZONING MAP

City Manager Gordon Pierce presented to Council for consideration requesting the Planning and Zoning Commission to study and recommend zoning for all property currently zoned heavy industrial (HI) located south of Old Talty Road, as identified by the City Zoning Map. Councilmember Frances Anderson made a motion to approve requesting the Planning and Zoning Commission to study and recommend zoning for all property currently zoned heavy industrial (HI) located south of Old Talty Road, as identified by the City Zoning Map. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

12. DISCUSS AND CONSIDER PRIORITY LIST FOR STREET MAINTENANCE

City Manager Gordon Pierce and City Engineering Stan Ballard presented to Council for consideration priority list for street maintenance. Councilmember Tommy Spencer wanted a list of rock streets by district. City Engineer Stan Ballard was instructed to bring back a list to Council at a later date. No action taken.

13. DISCUSS AND CONSIDER RESALE OF LOT 2B, BLOCK 256, TERRELL

City Manager Gordon Pierce presented to Council for consideration resale of Lot 2B, Block 256, Terrell. Councilmember Frances Anderson made a motion to approve resale of Lot 2B, Block 256, Terrell. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

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

Councilmember Lee Schaffer made a motion to table this item to September 21, 1999. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

15. DISCUSS AND CONSIDER APPROVAL FOR MINORITY AND WOMEN BUSINESS ENTERPRISE POLICY STATEMENT

City Manager Gordon Pierce presented to Council for consideration approval for Minority and Women Business Enterprise Policy Statement. Councilmember Frances Anderson made a motion to approve the policy statement for Minority and Women Business Enterprise policy statement and the resolution. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.


RESOLUTION NO. 353

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL TEXAS, APPROVING THE POLICY STATEMENT SUPPORTING THE INVOLVEMENT OF QUALIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES TO THE GREATEST EXTENT FEASIBLE IN CITY PROGRAMS.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TERRELL:

WHEREAS, the City of Terrell, Texas, supports the involvement of qualified minority and women-owned business enterprises in city programs, and

WHEREAS, the City of Terrell, Texas, desires to approve a policy statement setting forth such support.

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

That the policy statement supporting the involvement of qualified minority and women-owned business enterprises to the greatest extent feasible on the City's construction, procurement and professional service programs is hereby adopted.

WHEREAS, this Resolution shall take effect immediately from and after its passage, as in the Charter in such cases is made and provided.

PASSED AND APPROVED this the 7th day of September, 1999.

16. DISCUSS AND CONSIDER AUTHORIZING UTA TO CONDUCT CITIZEN'S SURVEY AND FOLLOW-UP TOWN HALL MEETING

Councilmember Frances Anderson made a motion not to take action on item. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

17. DISCUSS AND CONSIDER APPROVAL 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
1st READING

City Manager Gordon Pierce presented to Council for consideration to approve 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 first reading. Councilmember Lee Schaeffer made a motion to approve 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 first reading. The motion was seconded by Councilmember Tommy Spencer. 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.


18. DISCUSS AND CONSIDER ADOPTION OF FINANCIAL OPERATION MANAGEMENT STUDY

City Manager Gordon Pierce presented to Council for consideration adoption of financial operation management study. Councilmember Frances Anderson made a motion to adopt the financial operation management study. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

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

Council discussed tentatively scheduling November 4th, 1999 at Tanglewood for the City Council Fall Workshop.

20. HEAR REMARKS FROM VISITORS

Dr. Horace Flatt announced October 3, 1999 as the Kick-Off Centennial of the first automobile trip in Texas.

Dr. Horace Flatt expressed his appreciation to the Council for adopting Ordinance No. 1981.

Robert Ledbetter, 600 North Adelaide, complained about the open drainage ditch behind his residence. He expressed concern over the lack of maintenance, lack of erosion control, and children gathering in the ditch. Mr. Ledbetter was instructed to contact the City Manager.
OLD BUSINESS

21. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1977 - SPECIFIC USE PERMIT FOR TEMPORARY OFFICE SPACE LOCATED AT 2990 TEM TEX
2ND READING

City Manager Gordon Pierce presented to Council for consideration to adopt Ordinance No. 1977 - Specific Use permit for temporary office space located at 2990 Tem Tex on second reading. Councilmember Lee Schaeffer made a motion to adopt Ordinance No. 1977 - Specific Use permit for temporary office space located at 2990 Tem Tex on second reading. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 1977


AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT ON PROPERTY LOCATED AT 2990 TEMTEX OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDNG AN EFFECTIVE DATE.

SECTION I.

WHEREAS, the City Council of the City of Terrell, held a public hearing at 7:00 p.m. on Tuesday, August 17, 1999, in the Council Chamber of the City Hall in Terrell, Texas to consider a request for a Specific Use Permit to locate a temporary office building at 2990 Temtex, 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 subject to certain stipulations.

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) temporary office buildings on the property located at 2990 Temtex, City of Terrell, Kaufman County, Texas, with the following stipulations:

1. Specific Use Permit to be effective for a period not to exceed one (1) year from date of final approval.

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.


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 17th DAY OF AUGUST, 1999.
PASSED AND ADOPTED ON THIS 7th DAY OF SEPTEMBER, 1999.

22. DISCUSS AND CONSIDER ADOPTION OF ORDINANCE NO. 1980 - APPROVING TAX RATE FOR 1999
2ND READING

City Manager Gordon Pierce presented to Council for consideration to adopt Ordinance No. 1980 - Approving Tax Rate for 1999 on second reading. Councilmember Frances Anderson made a motion to adopt Ordinance No. 1980 - Approving Tax Rate for 1999 on second reading. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 1980

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, FIXING THE TAX RATE OF ALL TAXABLE PROPERTY WITHIN THE CITY OF TERRELL, TEXAS, FOR THE YEAR 1999 AND LEVYING AND ORDERING COLLECTION OR THE YEAR 1999 AND PROVIDING TO SECURE THE PAYMENT OF TAXES ASSESSED.

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

SECTION I.

That there be and is hereby levied and ordered collected on each One Hundred Dollar ($100.00) valuation of all taxable property, both real and personal, and all property of every kind and description subject to taxation within the corporate limits of the City of Terrell, Texas, on January 1, 1999, the sum of $0.67 based on 10% of the fair market value. Said rate of ad valorem tax is levied for the following purposes and the following amounts:

General Fund $0.4600
Interest/Sinking Fund $0.2100

SECTION II.

That all taxes collected by the city and districts for which it is collecting taxes, shall be payable on October 1, and if such taxes are not paid in full on or before January 31, of the succeeding year, the following penalties shall be payable: During the month of February, Six (6%) percent of amount of tax, plus 1% for each additional month delinquent, to a maximum of 12% beginning July 1. All delinquent taxes shall bear interest at the rate of one (1%) for each month or portion of month the tax remains delinquent.

SECTION III.

There is hereby on each and every item of taxable property a lien for the purpose of securing the certain payment of taxes assessed against said item of property, and said lien shall continue to exist against any item of property against which a tax is assessed hereunder until such tax, together with all interest, shall be paid.

SECTION IV.

That there be and there is hereby levied and ordered collected an annual occupation tax of fifty (50%) percent of the State occupation tax on each and every occupation subject to an occupation tax under the laws of the State of Texas.

SECTION V.

That this ordinance shall take effect and be in force from and after its passage and adoption.

PASSED AND APPROVED THIS THE 26TH DAY OF AUGUST, 1999.
PASSED AND ADOPTED THIS THE 7TH DAY OF SEPTEMBER, 1999.


23. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE

a) City Manager presented to Council a request from Terrell Christian Academy to make Seventh Street one-way from Washington Street to Johnson Street.


b) City Manager advised Council that Debbie Lockley has earned a Grade A Waterworks Certification.


c) City Manager advised the Council of Texas Capital Fund Program award of $1 million dollars in support of NUCOR.


d) City Manager advised Council on reduction of Texas Community Development Program grand funds. Administration to draft letters for each Council member. Draft letters and resolution opposing the reduction of TCDP grant funding will be placed on the September 21, 1999 City Council Meeting.


e) City Manager presented to Council a memo from Sonny Groessel regarding fluoridation grant fund approval.


f) City Manager reminded Council of the TML Conference on November 16th - 20th. Council has rooms reserved at the Hampton West End.

g) City Manager distributed the sales tax report to Council.

h) City Manager met with Jeree Gibbs and Reverend Clarence Robertson and discussed a potential residential development in West End. This will be brought back to Council at a later date.

i) City Manager presented to Council a pretreatment fine schedule from Sonny Groessel.

j) City Manager presented information to Council regarding Southwestern Christian College 50th Anniversary of the Alma Mater.

k) City Manager presented left turn information at Metro Drive from the Texas Department of Transportation. City Manager was instructed to continue to pursue this through Senator Cain's office and other elected officials in Austin.


l) City Manager presented to Council TML registration forms.


24. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS GOVERNMENT CODE, SECTION 551-074 - PERSONNEL MATTERS, DISCUSS APPOINTMENT OF CIVIL SERVICE COMMISSIONER

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

Councilmember Lee Schaeffer made a motion to appoint James Champion, 1700 Post Oak, to the Civil Service Commission. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

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, Mayor

Attest:


_______________________________
John Rounsavall, City Secretary
City Council Meeting
September 7, 1999


City of Terrell
201 East Nash St.
Terrell, Texas 75160
(972) 551-6604
Metro (972) 524- 3332
Fax (972) 551-6682
E-mail: information@cityofterrell.org
 


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City of Terrell

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