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REGULAR CITY COUNCIL MEETING

OCTOBER 7, 2003

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, October 7, 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.

Councilmember Floyd Trammell gave the opening prayer.

3. Consider Approval of Special City Council Meeting and Workshop Minutes of September 10, 2003 and Regular City Council Meeting Minutes of September 16, 2003.

Councilmember Debra Kelley made a motion to approve the Special City Council Meeting Minutes of September 10, 2003 and Regular City Council Meeting Minutes of September 16, 2003. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

Mayor Frances Anderson thanked the Council for the good job done during her absence.

NEW BUSINESS

4. Discuss and Consider a Recommendation by the Planning and Zoning Commission for a Final Plat of Meadow Vista Subdivision Section 2, Part of the L.H. Adams Survey, Abstract No. 7.

City Manager Gordon Pierce presented to Council for discussion and consideration a Recommendation by the Planning and Zoning Commission for a Final Plat of Meadow Vista Subdivision Section 2, Part of the L.H. Adams Survey, Abstract No. 7. Councilmember Floyd Trammell made a motion to approve the Recommendation of the Planning and Zoning Commission for a Final Plat of Meadow Vista Subdivision Section 2, Part of the L.H. Adams Survey, Abstract No. 7. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes -none. Motion carried.

5. Discuss and Consider Bid and Award of Contract for Primary and Secondary Wastewater Laboratory Services, Bid No. 04-61-01.

City Manager Gordon Pierce and Sonny Groessel, Director of Utilities, presented to Council for discussion and consideration Bid and Award of Contract for Primary and Secondary Wastewater Laboratory Services, Bid No. 04-61-01. Councilmember Floyd Trammell made a motion to award Primary contract to ERMI in the amount of $16,157.49 and Secondary contract to Oxidor in the amount of $16,361.00. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

6. Discuss and Consider Approval of Ordinance No. 2199 - Calling for a City Charter Amendment Election on February 7, 2004.

City Manager Gordon Pierce presented Ordinance No. 2199 - Calling for a City Charter Amendment Election on February 7, 2004. Mayor Pro tem Rick Carmona made a motion to approve Ordinance No. 2199 - Calling for a City Charter Amendment Election on February 7, 2004 on first reading. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2199

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, CALLING A SPECIAL ELECTION OF THE QUALIFIED VOTERS OF THE CITY OF TERRELL, TEXAS ON THE 7TH DAY OF FEBRUARY 2004, FOR THE PURPOSE OF AMENDING THE CITY CHARTER OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR NOTICE OF SAID ELECTION; DESIGNATING ELECTION PRECINCTS; APPOINTING ELECTION OFFICIALS; PROVIDING FOR THE USE OF ELECTRONIC VOTING EQUIPMENT; PROVIDING FOR EARLY VOTING; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED WAS NOTICED AND IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.

7. Discuss and Consider Approval of Ordinance No. 2200 - Budget Amendment.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2200 - Budget Amendment. Mayor Pro tem Rick Carmona made a motion to approve Ordinance No. 2200 - Budget Amendment on first reading. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2200

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1, 2003, AND ENDING SEPTEMBER 30, 2004, AS PASSED AND ADOPTED ON SEPTEMBER 2, 2003 TO PROVIDE FOR INCREASES AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

8. Discuss and Consider Approval of Ordinance No. 2201 - Amending Chapter 5, Business Regulations, Section 6: Peddlers, Solicitors and Vendors by Adding Section 6.1; Providing for Repeal of Conflicting Ordinances; Providing for Severability and Providing an Effective Date.

John Rounsavall, City Secretary presented to Council for discussion and consideration Ordinance No. 2201 - Amending Chapter 5, Business Regulations, Section 6: Peddlers, Solicitors and Vendors by Adding Section 6.1; Providing for Repeal of Conflicting Ordinances; Providing for Severability and Providing an Effective Date. Councilmember Floyd Trammell made a motion to approve Ordinance No. 2201 - Amending Chapter 5, Business Regulations, Section 6: Peddlers, Solicitors and Vendors by Adding Section 6.1; Providing for Repeal of Conflicting Ordinances; Providing for Severability and Providing an Effective Date. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2201

AN ORDINANCE OF THE CITY OF TERRELL, KAUFMAN COUNTY TEXAS AMENDING CHAPTER 5, BUSINESS REGULATIONS, SECTION 6, PEDDLERS, SOLICITORS AND VENDORS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

9. Discuss and Consider Approval of Ordinance No. 2202 - Amending Chapter 5, Business Regulations, Section 6.1: Peddlers, Solicitors and Vendors by Adding Subsection Q: Charitable Solicitations; Providing for Repeal of Conflicting Ordinances; Providing for Severability and Providing an Effective Date.

John Rounsavall, City Secretary presented to Council for discussion and consideration Ordinance No. 2202 - Amending Chapter 5, Business Regulations, Section 6.1: Peddlers, Solicitors and Vendors by Adding Subsection Q: Charitable Solicitations; Providing for Repeal of Conflicting Ordinances; Providing for Severability and Providing an Effective Date. Councilmember Tommy Spencer made a motion to approve Ordinance No. 2202 - Amending Chapter 5, Business Regulations, Section 6.1: Peddlers, Solicitors and Vendors by Adding Subsection Q: Charitable Solicitations ; Providing for Repeal of Conflicting Ordinances; Providing for Severability and Providing an Effective Date on first reading. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2202

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 5, BUSINESS REGULATIONS, SECTION 6.1.: PEDDLERS, SOLICITORS, AND VENDORS WITH THE ADDITION OF SUBSECTION Q; CHARITABLE SOLICITATIONS, CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

10. Discuss and Consider Fifteen (15) Year Fixed Rate Note for Terrell Economic Development Corporation.

City Manager Gordon Pierce and Danny Booth representing Terrell Economic Development Corporation presented to Council for discussion and consideration Fifteen (15) Year Fixed Rate Note for Terrell Economic Development Corporation. Mayor Pro tem Rick Carmona made a motion to award Fifteen (15) Year Fixed Rate Note for Terrell Economic Development Corporation to American National Bank. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

11. Discuss and Consider Approval of Resolution No. 270 - Determining the Necessity of Acquiring Certain Real Property for Re-Alignment and Improvements to Airport Road and Authorizing Condemnation and /or Appropriation for Public Use of the Necessary Right-of-Way on Property Owned by Charles F. Meyers and Providing an Effective Date.

City Manager Gordon Pierce, Danny Booth representing Terrell Economic Development Corporation and Mary Gayle Ramsey, City Attorney presented to Council for discussion and consideration Resolution No. 270 - Determining the Necessity of Acquiring Certain Real Property for Re-Alignment and Improvements to Airport Road and Authorizing Condemnation and /or Appropriation for Public Use of the Necessary Right-of-Way on Property Owned by Charles F. Meyers and Providing an Effective Date. Mayor Pro tem Rick Carmona made a motion to approve Resolution No. 270 - Determining the Necessity of Acquiring Certain Real Property for Re-Alignment and Improvements to Airport Road and Authorizing Condemnation and /or Appropriation for Public Use of the Necessary Right-of-Way on Property Owned by Charles F. Meyers and Providing an Effective Date. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 270

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL DETERMINING THE NECESSITY OF ACQUIRING CERTAIN REAL PROPERTY FOR IMPROVEMENTS TO AIRPORT ROAD, AUTHORIZING CONDEMNATION AND/OR APPROPRIATION FOR PUBLIC USE OF THE NECESSARY RIGHT-OF-WAY ON PROPERTY OWNED BY CHARLES F. MYERS, AND PROVIDING AN EFFECTIVE DATE.

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

WHEREAS, the City of Terrell, a municipal corporation, has the right to appropriate property for street improvements under the laws of eminent domain and the provisions of the Charter of the City of Terrell; and
WHEREAS, the City of Terrell, has determined that there is a public necessity requiring the City of acquire fee simple title to certain real property owned by CHARLES F. MYERS for improvements to Airport Road, such real property being described on Exhibit "A' attached hereto and by reference made a part hereof for all purposes; and
WHEREAS, the property described on Exhibit "A" had been determined to be necessary for the improvements of Airport Road and for the purpose of acquiring said property, an offer has been made to CHARLES F. MYERS in the sum of $7,500.00 as payment for the property to be acquired and full damages allowable by law, which amount represents its fair cash market value, and
WHEREAS, CHARLES F. MYERS has refused to accept the offered amount as compensation for the above described taking by the City of Terrell, which amount is deemed to be the fair cash market value and just compensation, in compliance with the laws of the State of Texas and is considered evidence that the City of Terrell cannot agree with CHARLES F. MYERS as to the damages legally allowed by law. The City Council of the City of Terrell hereby authorized the City
Attorney to prepare and file any and all documents, file a suit for condemnation and to take all necessary action for the prompt acquisition of the property in condemnation or in any manner provided by law; and
WHEREAS, in the event a lawsuit for condemnation is filed and the Special Commissioners in Condemnation appointed by the Court return in award that is the same amount or less than the offered amount, the City Secretary or City Manager is hereby authorized to issue a check not to exceed the amount of the Commissioners' award made payable to the District Clerk of Kaufman County, to be deposited into the registry of the Court, to enable the City to take possession of the property without further action of the City Council.
THEREFORE, BE IT RESOLVED that the City Attorney is hereby authorized to file a suit for condemnation of the property owned by CHARLES F. MYERS necessary for the improvements to Airport Road, to prepare any documents and to take any and all steps deemed necessary for the acquisition of the above referenced real property.
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 October, 2003.

12. Hear Remarks from Visitors.

Hal Richards - #4 Cartwright Street spoke regarding his disappointment of Council over removing term limits from the proposed Charter Amendments.

Dr. Horace Flatt came before Council seeking clarification on what it meant by the term "Office of Trust".

OLD BUSINESS
CONSENT AGENDA

13. Discuss and Consider Adoption on Second Reading Ordinance No. 2198 - Zone Change at 309 10th Street Described as the South One-Half of Lots 1-4, Block 2, Terrell Terrace from the Current Zoning of Single-Family (1F2)- to Two-Family (2F).

City Manager Gordon Pierce presented to Council for discussion and consideration for adoption on second reading Ordinance No. 2198 - Zone Change at 309 10th Street Described as the South One-Half of Lots 1-4, Block 2, Terrell Terrace from the Current Zoning of Single-Family (1F2)- to Two-Family (2F). Councilmember Floyd Trammel made a motion to adopt Ordinance No. 2198 - Zone Change at 309 10th Street Described as the South One-Half of Lots 1-4, Block 2, Terrell Terrace from the Current Zoning of Single-Family (1F2)- to Two-Family (2F). The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2198

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM SINGLE-FAMILY (1F2) TO TWO-FAMILY (2F) AT 309 10TH STREET, PROPERTY DESCRIBED AS THE SOUTH ONE-HALF OF LOTS 1-4, BLOCK 2, TERRELL TERRACE, OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

Be it ordained by the City Council of the City of Terrell, Texas:

ARTICLE I

WHEREAS, The Planning and Zoning Commission of the City of Terrell held a public hearing on August 25, 2003 on a request to change the zoning from Single-Family (1F2) to Two-Family (2F) at 309 10th Street, described as the south one-half of Lots 1-4, Block 2, Terrell Terrace; and recommended approving a zone change on this property; and

WHEREAS, the City Council of the City of Terrell, Texas, following a public hearing and recommendation by the Planning and Zoning Commission, held a public hearing on Tuesday, September 16, 2003, on a request to change the zoning from Single-Family (1F2) to Two-Family (2F) at 309 10th Street, described as the south one-half of Lots 1-4, Block 2, Terrell Terrace; and

WHEREAS, the City Council has determined that all notice requirements have been given in compliance with State Law and the ordinances of the City of Terrell; and

WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Terrell to change the zoning from Single-Family (1F2) to Two-Family (2F), at 309 10th Street, described as the south one-half of Lots 1-4, Block 2, Terrell Terrace.

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

The zoning classification be and is hereby changed at 309 10th Street, described as the south one-half of Lots 1-4, Block 2, Terrell Terrace from the current zoning of Single-Family (1F2) to Two-Family (2F).

This zone change shall take effect immediately from and after its passage and upon said facility complying with all terms and conditions set further herein.

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 the 16th day of September, 2003.
PASSED AND ADOPTED this the 7th day of October, 2003.

14. Receive City Manager's Reports and Correspondence:
a.) October 16-17, 2003 City Council Retreat.
Retreat to begin at 10:00 a.m. on the 16th. Items scheduled for Friday move to Thursday and items on Thursday move to Friday. Priorities 3,6,7 & 8 are to be moved up.
b.) Texas Commission on Environmental Quality Administrative Review.
c.) Texas Municipal League Conference - November 19-22, 2003.
d.) NLC - Congress of Cities - December 9-13, 2003.

15. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local Government Code to Discuss the Following:

e.) Section 551.074 - Personnel Matters - City Manager Evaluation.
f.) Section 551.071 - Pending or Contemplated Litigation - Discuss Pending Litigation with City Attorney.
g.) Section 551.072 - Negotiate Sale of Real Property.

16. Reconvene into Regular Session and Consider Action, if any, on Items Discussed in Executive Session.

e.) Councilmember Tommy Spencer made a motion to authorize Mayor to consummate the City Manager's evaluation and contract. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

17. 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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