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Minutes 

REGULAR CITY COUNCIL MEETING

DECEMBER 3, 2002

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, December 3, 2002 in the City Council Chambers at 7:00 P.M. with the following members present:

COUNCILMEMBER #1 FRANCES ANDERSON
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 DEBRA KELLEY
COUNCILMEMBER #4 FLOYD TRAMMELL
COUNCILMEMBER #5 RICK CARMONA


1. Call to order.

Mayor Frances Anderson called the meeting to order.

2. Invocation.

Mayor Pro tem Tommy Spencer gave the opening prayer.

3. Consider Approval of City Council Special Meeting and Retreat of November 14 and 15, 2002, Regular City Council Meeting Minutes of November 19, 2002 and Special City Council Meeting Minutes of November 25, 2002.

Mayor Pro tem Tommy Spencer made a motion to approve the City Council Special Meeting and Retreat of November 14 and 15, 2002, Regular City Council Meeting Minutes of November 19, 2002 and Special City Council Meeting Minutes of November 25, 2002 with an addition to the November 14, 2002 Special Meeting and Retreat Minutes Item No. 10 - Councilmember Floyd Trammell recused himself from vote. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes -none. Motion carried.


November 14, 2002 Retreat Minutes

10. Discuss Utility Rate Analysis with Bed and Breakfasts (4:00 p.m.)

Assistant City Manager Torry L. Edwards and City Secretary/Finance Director John Rounsavall discussed with Council Utility Rate Analysis with Bed and Breakfasts. Council by consensus agreed to wait until the City has completed the Water Rate Analysis before addressing Bed and Breakfast rates. Councilmember Floyd Trammel recused himself on this item.


PUBLIC HEARING

4.
(a.) Conduct a Public Hearing to Receive Public Comment on a Request for Specific Use Permit for a Communication Tower Located on Property Described as Lots 2B, 3A and 3B, Block 8, Terrell Original.

Mayor Frances Anderson conducted a Public Hearing to Receive Public Comment on a Request for Specific Use Permit for a Communication Tower Located on Property Described as Lots 2B, 3A and 3B, Block 8, Terrell Original. Troy Williams representing Nextel Communications spoke for the Specific Use Permit. Dr. Horace Flatt spoke against the Specific Use Permit. The Public Hearing was continued to the January 7, 2003 Council Meeting.

(b.) Discuss and Consider Approval of Ordinance No. 2144 - Specific Use Permit for a Communication Tower Located on Property Described as Lots 2B, 3A and 3B, Block 8, Terrell Original.

Councilmember Floyd Trammell made a motion to continue the Public Hearing to January 7, 2003. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

5. Discuss and Consider Approval of Interlocal Agreement Between the City of Terrell and the Kaufman County Area Rural Transit (KART).

Assistant City Manager Torry L. Edwards and Omega Hawkins representing the Kaufman County Area Rural Transit (KART) presented to Council for discussion and consideration an Interlocal Agreement Between the City of Terrell and the Kaufman County Area Rural Transit (KART). Councilmember Floyd Trammell made a motion to approve the Interlocal Agreement Between the City of Terrell and the Kaufman County Area Rural Transit (KART). The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

6. Discuss and Consider Planning and Zoning Commission Recommendation for Revised Plat of Terrell Senior Terraces II.

Assistant City Manager Torry L. Edwards, City Engineer Stan Ballard and Barry Halla representing Life Rebuilders presented to Council for discussion and consideration Revised Plat of Terrell Senior Terraces II. Councilmember Rick Carmona made a motion to approve the Revised Plat of Terrell Senior Terraces II. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

7. Discuss and Consider Planning and Zoning Commission Recommendation for Town North Estates Phase 5 Final Plat.

Assistant City Manager Torry L. Edwards and City Engineer Stan Ballard presented to Council for discussion and consideration Planning and Zoning Commission Recommendation for Town North Estates Phase 5 Final Plat. Councilmember Rick Carmona made a motion to approve Town North Estates Phase 5 Final Plat contingent upon access easements being obtained. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes -none. Motion carried.

8. Discuss and Consider Approval of Ordinance No. 2148 - Amending Chapter 7: Health and Sanitation, Section 3 - Accumulation of Unsanitary, Unsightly Conditions and Tall Weeds and Grass.

Assistant City Manager Torry L. Edwards and Dan Gibson, Building Inspection presented to Council for discussion and consideration Ordinance No. 2148 - Amending Chapter 7: Health and Sanitation, Section 3 - Accumulation of Unsanitary, Unsightly Conditions and Tall Weeds and Grass. Mayor Pro tem Tommy Spencer made a motion to approve Ordinance No. 2148 - Amending Chapter 7: Health and Sanitation, Section 3 - Accumulation of Unsanitary, Unsightly Conditions and Tall Weeds and Grass. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

9. Consider Approval of Amendment (Exhibit "D", Work Authorization No. 3) to the Agreement with Schaumburg & Polk, Inc., Adding Services Related to Drainage Improvements and Pavement Rehabilitation on St. Luke and South Park Streets.

City Engineer Stan Ballard presented to Council for discussion and consideration an Amendment (Exhibit "D", Work Authorization No. 3) to the Agreement with Schaumburg & Polk, Inc., Adding Services Related to Drainage Improvements and Pavement Rehabilitation on St. Luke and South Park Streets. Mayor Pro tem Tommy Spencer made a motion to approve Amendment (Exhibit "D", Work Authorization No. 3) to the Agreement with Schaumburg & Polk, Inc., Adding Services Related to Drainage Improvements and Pavement Rehabilitation on St. Luke and South Park Streets. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes -none. Motion carried.

10. Discuss and Consider Approval of Resolution No. 441 - Approving the Section 8 Management Assessment Program (SEMAP) Certification for Fiscal Year Ending September 30, 2002.

Assistant City Manager Torry L. Edwards and Debbie Zajac, Housing Director presented to Council for discussion and consideration Resolution No. 441 - Approving the Section 8 Management Assessment Program (SEMAP) Certification for Fiscal Year Ending September 30, 2002. Councilmember Floyd Trammell made a motion to approve Resolution No. 441 - Approving the Section 8 Management Assessment Program (SEMAP) Certification for Fiscal Year Ending September 30, 2002. The motion was seconded by Councilmember Rick Carmona. Ayes - Tommy Spencer, Floyd Trammell and Rick Carmona. Nayes - none. Motion carried. Mayor Frances Anderson and Councilmember Debra Kelley abstained from vote.

11. Discuss and Consider Approval of Resolution No. 442 - Approving the Administrative Plan for the City of Terrell Housing Department.

Assistant City Manager Torry L. Edwards and Debbie Zajac, Housing Director presented to Council for discussion and consideration Resolution No. 442 - Approving the Administrative Plan for the City of Terrell Housing Department. Councilmember Floyd Trammell made a motion to approve Resolution No. 442 - Approving the Administrative Plan for the City of Terrell Housing Department. The motion was seconded by Councilmember Rick Carmona. Ayes - Tommy Spencer, Floyd Trammell and Rick Carmona. Nayes - none. Motion carried. Mayor Frances Anderson and Councilmember Debra Kelley abstained from vote.

12. Discuss and Consider Approval of Resolution No. 443 - Declaring Expectation to Reimburse Expenditures with Proceeds of Future Debt.

Assistant City Manager Torry L. Edwards presented to Council for discussion and consideration Resolution No. 443 - Declaring Expectation to Reimburse Expenditures with Proceeds of Future Debt. Councilmember Debra Kelley made a motion to approve Resolution No. 443 - Declaring Expectation to Reimburse Expenditures with Proceeds of Future Debt. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

13. Discuss and Consider First Responder Service Agreement Between the City of Terrell Fire Department and East Texas Medical Center Emergency Medical Service.

Assistant City Manager Torry L. Edwards and Fire Chief Jim Harper presented to Council for discussion and consideration First Responder Service Agreement Between the City of Terrell Fire Department and East Texas Medical Center Emergency Medical Service. Councilmember Rick Carmona made a motion to approve the First Responder Service Agreement Between the City of Terrell Fire Department and East Texas Medical Center Emergency Medical Service with a change to #12 - Venue. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

14. Hear Remarks from Visitors.

Dr. Horace Flatt expressed his concern to Council regarding the erection of a Communication Tower by Nextel.

OLD BUSINESS
CONSENT AGENDA


Mayor Pro tem Tommy Spencer made a motion to approve Ordinance No. 2143 - Budget Amendment, Ordinance No. 2145 - Zone Change on Property Described as Lots 23A and 23B, Block 1, Howard Addition from the Current Zoning of Two-Family (2F) to Commercial (C), and Ordinance No. 2146 - Zone Change on Property Described as Being a 21.234 Acre Tract of Land Situated in the J. McEnturff Survey Abstract No. 340 and Being a Portion of a Tract of Land Described in a Deed to Terrell Creekside Development, L.P. as Recorded in Volume 1839, Page 50 of the Deed Records of Kaufman County, Texas from the Current Zoning of Agriculture (A) to Single-Family (1F2) on CONSENT AGENDA. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes -none. Motion carried.

15. Discuss and Consider Adoption on Second Reading Ordinance No. 2143 - Budget Amendment.

ORDINANCE NO. 2143

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30, 2003, AS PASSED AND ADOPTED ON SEPTEMBER 17, 2002 TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

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

SECTION I.

The General Fund and Utility Fund are amended to reflect the following increase in the budget:

UTILITY FUND BUDGETED AMOUNT AMENDED
EXPENDITURES

020-61-4467 Pretreatment Services $40,000.00 $13,626.00 $53,626.00

SECTION II.

All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.
SECTION III.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionally shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the city council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.

SECTION IV.

This Ordinance will take effect immediately from and after its passage and the publication of the caption, as the law in such cases provides.

Passed and Approved on this the 19th day of November, 2002.
Passed and Adopted on this the 3rd day of December, 2002.


16. Discuss and Consider Adoption on Second Reading Ordinance No. 2145 - Zone Change on Property Described as Lots 23A and 23B, Block 1, Howard Addition from the Current Zoning of Two-Family (2F) to Commercial (C).

ORDINANCE NO. 2145


AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM TWO-FAMILY (2F) TO COMMERCIAL (C) ON PROPERTY DESCRIBED AS LOTS 23A AND 23B, BLOCK 1, HOWARD ADDITION OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

ARTICLE I.

WHEREAS, the Planning and Zoning Commission of the City of Terrell, Texas, held a public hearing on October 28, 2002 on a request to change the zoning from Two-Family (2F) to Commercial (C) on property described as Lots 23a and 23b, Block 1, Howard Addition, and recommend approving a zone change on this property; and

WHEREAS, the City Council of the City of Terrell, Texas held a public hearing on November 19, 2002, on a request to change the zoning from Two-Family (2F) to Commercial (C) on property described as Lots 23a and 23b, Block 1, Howard Addition; and

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; 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 Two-Family (2F) to Commercial (C) on property described as Lots 23a and 23b, Block 1, Howard Addition.

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

THAT the zoning classification be and is hereby changed on property legally described as Lots 23a and 23b, Block 1, Howard Addition from the current zoning of Two-Family (2F) to Commercial (C).

ARTICLE II

All ordinances or part 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 case provides.

PASSED AND APPROVED this the 19th day of November, 2002.
PASSED AND ADOPTED this the 3rd day of December, 2002.

17. Discuss and Consider Approval of Ordinance No. 2146 - Zone Change on Property Described as Being a 21.234 Acre Tract of Land Situated in the J. McEnturff Survey Abstract No. 340 and Being a Portion of a Tract of Land Described in a Deed to Terrell Creekside Development, L.P. as Recorded in Volume 1839, Page 50 of the Deed Records of Kaufman County, Texas from the Current Zoning of Agriculture (A) to Single-Family (1F2).

ORDINANCE NO. 2146

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM AGRICULTURE (A) TO SINGLE-FAMILY (1F2) ON PROPERTY DESCRIBED AS BEING A 21.234 ACRE TRACT OF LAND SITUATED IN THE J. MCENTURFF SURVEY ABSTRACT NO. 340, AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO TERRELL CREEKSIDE DEVELOPMENT, L.P. AS RECORDED IN VOLUME 1839, PAGE 50 OF THE DEED RECORDS OF KAUFMAN COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

ARTICLE I.

WHEREAS, the Planning and Zoning Commission of the City of Terrell, Texas, held a public hearing on October 28, 2002 on a request to change the zoning from Agriculture (A) to Single-Family (1F2) on property described as being a portion of a tract of land described in a deed to Terrell Creekside Development, L.P. as recorded in Volume 1839, Page 50 of the Deed Records of Kaufman County, Texas, and recommend approving a zone change on this property; and

WHEREAS, the City Council of the City of Terrell, Texas held a public hearing on November 19, 2002, on a request to change the zoning from Agriculture (A) to Single-Family (1F2) on property described as being a portion of a tract of land described in a deed to Terrell Creekside Development, L.P. as recorded in Volume 1839, Page 50 of the Deed Records of Kaufman County, Texas; and

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; 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 Agriculture (A) to Single-Family (1F2) on property described as being a portion of a tract of land described in a deed to Terrell Creekside Development, L.P. as recorded in Volume 1839, Page 50 of the Deed Records of Kaufman County, Texas.

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

THAT the zoning classification be and is hereby changed on property legally described as being a portion of a tract of land described in a deed to Terrell Creekside Development, L.P. as recorded in Volume 1839, Page 50 of the Deed Records of Kaufman County, Texas from the current zoning of Agriculture (A) to Single-Family (1F2).

ARTICLE II

All ordinances or part 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 case provides.

PASSED AND APPROVED this the 19th day of November, 2002.
PASSED AND ADOPTED this the 3rd day of December, 2002.


18. Adjourn.

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

______________________________
Frances Anderson, Mayor

Attest:

________________________________
John Rounsavall, City Secretary




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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