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REGULAR CITY COUNCIL MEETING

JANUARY 7, 2003

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, January 3, 2003 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.

Assistant City Manager Torry L. Edwards gave the opening prayer.

3. Consider Approval of Regular City Council Meeting Minutes of December 3, 2002.

Councilmember Floyd Trammell made a motion to approve the Regular City Council Meeting Minutes of December 3, 2002. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

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 opened 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. Mike Chitty spoke for the zone change representing Nextel Communications. Troy Williams spoke for the zone change. Dr. Horace Flatt spoke for the zone change and stated no opposition to the 100" height as the ordinance does not address tower height. No one spoke against the zone change.

Councilmember Rick Carmona made a motion to close the Public Hearing. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried. Mayor Anderson closed the Public Hearing.

(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 approve Ordinance No. 2144 - Specific Use Permit for a Communication Tower Located on Property Described as Lots 2B, 3A and 3B, Block 8, Terrell Original with the following stipulations as set forth by the City Attorney:

1. Permit will be limited to a period of five (5) years.
2. The maximum tower height ot the tower shall not exceed 100 feet.
3. The tower shall be a self-supporting monopole structure.

Tower will be erected and operated in compliance with current FCC and FAA rules and regulations and other applicable federal, state and local standards.

The applicant/permittee of a tower or antenna constructed on city-owned property shall expressly indemnify, protect and hold the city harmless to the maximum extent allowable by law.

The tower must be identified by a sign visible from outside the screening stating in letters at least two inches high the name and telephone number of the tower manager and the Federal Communications Commission license number.

The site plan, architectural drawings and landscaping plan for the structure shall be submitted to the City for approval.

A collocation agreement shall be submitted signed by the CF operator, owner and the landowner that agrees to allow collocation of additional equipment by other service providers on the structure or within the same site location.

City shall be informed of any intent to abandon or cease using the antenna or tower within thirty (30) days of the date the use ceases. The agreement must state that the owner will remove the tower, accessory buildings and equipment within six (6) months of such discontinued use. In the event the tower, accessory buildings and equipment are not removed as agreed, City shall have the right to remove the tower, accessory buildings and equipment and recover the costs associated with such removal from the landowner and place a lien on the property until such costs are paid.

A report must be submitted that has been prepared by a registered professional engineer stating all structural components of the tower comply with all applicable codes and regulations and is designed or built to accommodate collocation. A sealed report from a registered electrical engineer certifying that electromagnetic spectrum emissions are in compliance with applicable federal standards must be submitted.

The motion was seconded by Councilmember Rick Carmona. Ayes - Rick Carmona, Debra Kelley, Floyd Trammel and Frances Anderson. Nayes - Tommy Spencer. Motion carried.

NEW BUSINESS

5. Discuss and Consider Planning and Zoning Commission for a Preliminary Plat of Creekside Estate Phase I.

City Manager Gordon Pierce presented to Council for discussion and consideration Planning and Zoning Commission for a Preliminary Plat of Creekside Estate Phase I. Councilmember Floyd Trammel made a motion to approve the Preliminary Plat of Creekside Estate Phase I. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

6. Discuss and Consider Planning and Zoning Commission Recommendation for Amended Plat of Glen Haven Addition Phase II.

City Manager Gordon C. Pierce presented to Council for discussion and consideration Planning and Zoning Commission Recommendation for Amended Plat of Glen Haven Addition Phase II. Councilmember Rick Carmona made a motion to approve the Amended Plat of Glen Haven Addition Phase II. The motion was seconded by Councilmember Debra Kelley. Ayes - Tommy Spencer, Debra Kelley and Rick Carmona. Nayes - Floyd Trammell. Motion carried.

7. Discuss and Consider Approval of Resolution No. 444 - Authorizing Notice of Intention to Issue Certificates of Obligation.

City Manager Gordon Pierce and Doug Hartman representing First Southwest Company presented to Council for discussion and consideration Resolution No. 444 - Authorizing Notice of Intention to Issue Certificates of Obligation. Councilmember Rick Carmona made a motion to approve Resolution No. 444 - Authorizing Notice of Intention to Issue Certificates of Obligation with corrections to Section 1. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

8. Discuss and Consider Contracted Rate Adjustment with I.E.S.I. for Provision of Solid Waste.

City Manager Gordon Pierce presented to Council for discussion and consideration Contract Rate Adjustment with I.E.S.I. for Provision of Solid Waste. Mayor Pro tem Tommy Spencer made a motion to approve Contract Rate Adjustment with I.E.S.I. for Provision of Solid Waste. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

9. Review Bids and Consider Award of Contract for the Reconstruction of Bowser Street and Portions of E. Alamo Street, S. Hattie Street and Medora Street.

City Manager Gordon Pierce and Stan Ballard, City Engineer presented to Council for discussion and consideration Award of Contract for the Reconstruction of Bowser Street and Portions of E. Alamo Street, S. Hattie Street and Medora Street. Mayor Pro tem Tommy Spencer made a motion to award Contract for the Reconstruction of Bowser Street and Portions of E. Alamo Street, S. Hattie Street and Medora Street to Camino Construction in the amount of $636,242.50. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

10. Discuss and Consider Approval of Ordinance No. 2149 - Vacating Certain Rights of Way Adjacent to Block 324, Revised Map of Terrell.

Councilmember Floyd Trammel recused himself from vote on this item. City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2149 - Vacating Certain Rights of Way Adjacent to Block 324, Revised Map of Terrell. Councilmember Rick Carmona made a motion to approve Ordinance No. 2149 - Vacating Certain Rights of Way Adjacent to Block 324, Revised Map of Terrell. The motion was seconded by Councilmember Debra Kelley. Ayes - Rick Carmona, Debra Kelley, Tommy Spencer. Nayes - none. Motion carried.

11. Consider Granting an Access Easement Across Airport Property.

Stan Ballard, City Engineer presented to Council for discussion and consideration Granting an Access Easement Across Airport Property. Councilmember Floyd Trammell made a motion to approve an Access Easement Across Airport Property. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes -none. Motion carried.

12. Discuss and Consider Amendment to Lease Agreement Between the City of Terrell and Terrell Heritage Society.

City Manager Gordon Pierce and Robert McCord presented to Council for discussion and consideration Amendment to Lease Agreement Between the City of Terrell and Terrell Heritage Society subject to revision every three (3) years. Councilmember Debra Kelley made a motion to approve a lease agreement for fifty (50) years and allocate $10,000.00 for the 2002-2003 fiscal year and review annually. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

13. Discuss and Consider Bids for Sale of Property Located at 301 FM 148.

City Manager Gordon Pierce presented to Council for discussion and consideration Bids for Sale of Property Located at 301 FM 148. Councilmember Rick Carmona made a motion to accept bid of $11,277.00 submitted by Randy Lochhead for Property Located at 301 FM 148. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

14. Discuss and Consider Bids for Sale of Property Described as Block 1, Lot 4B, Terrell Original and Block 17, Stallings 3 & 4 Addition.

City Manager Gordon Pierce presented to Council for discussion and consideration Bids for Sale of Property Described as Block 1, Lot 4B, Terrell Original and Block 17, Stallings 3 & 4 Addition. Councilmember Rick Carmona made a motion to accept bid submitted from Rass Enterprises in the amount of $4,500 for Block 1, Lot 4B Terrell Original and $5,000 for Block 17, Stallings 3 & 4 Addition for a total of $9,500.00. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

15. Discuss and Consider Approval of Ordinance No.2147 - Budget Amendment.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2147 - Budget Amendment. Mayor Pro tem Tommy Spencer made a motion to approve Ordinance No. 2147 - Budget Amendment. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

16. Discuss and Consider Extension of Lease Between Terrell State Hospital and the City of Terrell for Continued Operation of the Convenience Station.

City Manager Gordon Pierce presented to Council for discussion and consideration Extension of Lease Between Terrell State Hospital and the City of Terrell for Continued Operation of the Convenience Station. Mayor Pro tem Tommy Spencer made a motion to authorize Mayor Anderson to execute the Lease Agreement Between Terrell State Hospital and the City of Terrell for Continued Operation of the Convenience Station. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

17. Hear Remarks from Visitors.

Frances Lang 903 North Virginia came before Council to ask when the new Chief of Police would be hired and expressed concern over the condition of the Police facility and needed repairs.

OLD BUSINESS
CONSENT AGENDA

18. 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.
Second Reading

City Manager Gordon Pierce 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. Councilmember Rick Carmona made a motion to adopt 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 Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.
ORDINANCE NO. 2148

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 7: HEALTH AND SANITATION, SECTION 3: ACCUMULATIONS OF UNSANITARY, UNSIGHTLY CONDITIONS AND TALL WEEDS AND GRASS, OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

SECTION I

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS THAT THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, CHAPTER 7: HEALTH AND SANITATION, SECTION 3: ACCUMULATIONS OF UNSANITARY, UNSIGHTLY CONDITIONS AND TALL WEEDS AND GRASS, BE AMENDED AT THE INDICATED SUB-PARAGRAPH TO READ AS FOLLOWS:

Sec. 7-3 Accumulation of unsanitary, unsightly conditions and tall weeds and grass

(d) Notice to owner to remedy or remove condition.
(1.) Whenever any condition described in this section is found to exist on any premises within the city, the city manager or his duly authorized agent shall notify the owner of such premises, in writing, to correct, remedy, or remove the condition within seven (7) days after such notice and it shall be unlawful for any person to fail to comply with such notice.

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 unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections to this Ordinance, since the same

would have been enacted by the city council without the incorporation of this ordinance of any such unconstitutional phrase, clauses, 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 first reading this the 3rd day of December 2002.
PASSED AND ADOPTED on second reading this the 7th day of January, 2003.

19. Receive City Manager's Reports and Correspondence:

City Manager Gordon Pierce presented Reports and Correspondence to the Council.

c.) Commendation of Officers David Bridges and Kenneth Moore.
d.) AMCC, Austin - February 7-10, 2003.
e.) 2003 Congressional City Conference - March 7-11, 2003. Mayor Pro tem Tommy Spencer to register and attend.
f.) Kaufman County Day - Austin - March 16-17, 2003.

20. 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
All rights reserved

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