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REGULAR CITY COUNCIL MEETING

NOVEMBER 4, 2003

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, November 4, 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 Tommy Spencer gave the opening prayer.

3. Consider Approval of Regular City Council Meeting Minutes of October 21, 2003.

Councilmember Debra Kelley made a motion to approve the Regular City Council Meeting Minutes of October 21, 2003. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING

4.
a.) Conduct a Public Hearing to Receive Comment on a Request for a Specific Use Permit for a Community Center (Public) at 101 E. Brin Street, Described as Lots 3 & 4, Block 46, Terrell Original.

Mayor Frances Anderson opened a Public Hearing to Receive Comment on a Request for a Specific Use Permit for a Community Center (Public) at 101 E. Brin Street, Described as Lot 3 & 4, Block 46, Terrell Original. No one spoke for or against the Specific Use Permit. Councilmember Floyd Trammell made a motion to close the Public Hearing. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

b.) Discuss and Consider Approval of Ordinance No. 2203 - Approving a Specific Use Permit for a Community Center (Public) at 101 E. Brin Street, Described as Lots 3 & 4, Block 46, Terrell Original.

Councilmember Floyd Trammell made a motion to deny Ordinance No. 2203 - approving a Specific Use Permit for a Community Center (Public) at 101 E. Brin Street, Described as Lots 3 & 4, Block 46, Terrell Original. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

5. Discuss and Consider Approval of Resolution No. 472 - Amending City Council Meeting Procedures Policy to Include Consent Agenda Items.

City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 472 - Amending City Council Meeting Procedures Policy to Include Consent Agenda Items. Mayor Pro tem Rick Carmona made a motion to approve Resolution No. 472 - Amending City Council Meeting Procedures Policy to Include Consent Agenda Items. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes -none. Motion carried.

RESOLUTION NO. 472

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL AMENDING THE CITY COUNCIL MEETING PROCEDURES POLICY

WHEREAS, the City of Terrell City Council desires to amend the City Council Meeting Procedures Policy; and

WHEREAS, the purpose for the Council Meeting Procedures Policy is to establish guidelines for the conduct and procedures of all City Council Meetings; and

WHEREAS, the Council Meeting Procedures Policy augments the City Charter and Rules of Procedure to ensure that members of the City Council and staff adhere to the guidelines established by the City Council to conduct all meetings; and

WHEREAS, it is the intent of the City Council that all future appointed Council Members adhere to these guidelines:

Now, therefore be it resolved by the City Council of the City of Terrell, Texas:

SECTION 1: That the Meeting Procedures Policy Section 1: Agenda, (e) be amended to include:

(e.) Hear remarks from visitors.

The Hear Remarks from Visitors portion of the printed agenda shall be preceded by an explanatory note to the public:

The purpose of this item is to allow citizens an opportunity to address the City Council on issues that are not the subject of a public hearing or any items on the City Council agenda. Any item requiring a Public Hearing will allow citizens or visitors to speak at the time that item appears on this agenda as indicated as a "Public Hearing". Items that are the subject matter jurisdiction of the City Council include Council Policy and legislative issues. Issues regarding daily operational or administrative matters should first be dealt with at the administrative level by contacting City Hall at 972-551-6600 during business hours.

SECTION 2: That the Meeting Procedures Policy Section 1: Agenda, (f) be amended to read as follows:

(f.) Consent Agenda Items. A consent agenda contains routine items, which do not need further discussion and may be approved with one motion and vote. The consent agenda portion of the printed agenda shall be preceded by an explanatory note to the public:

All matters listed under Consent Agenda are considered to be routine by the City Council of the City of Terrell and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately.

The City Council and City Administration agree in advance on the general type of items that are to be included on the consent agenda. Routine business found on consent agendas will include:

1. Approval of license applications and bonds;
2. Resolutions;
3. Approval of payments of contracts;
4. Bid and contract awards;
5. Resale lots which meet all requirements established by the Resale Lot Policy;
6. Final readings of Ordinances;
7. Recommendations from Planning and Zoning Commission regarding preliminary and final plats, which do not require waivers / variances.

The actual items to be placed on each consent agenda are selected at a weekly city department head meeting. The City Council sets a policy for items to be included on the consent agenda, which are listed above. When the consent agenda is used, the City Secretary is to ensure that such consent agenda items are incorporated into the minutes of the City Council Meeting.

Section 3: That this resolution shall become effective immediately upon its passage and approval.

Passed and adopted this the 4th day of November, 2003.

6. Discuss and Consider Approval of Ordinance No. 2204 - Amending Chapter 11, Section 34: Overnight Parking for Storage on Paved Streets.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2204 - Amending Chapter 11, Section 34: Overnight Parking for Storage on Paved Streets. Councilmember Debra Kelley made a motion to approve Ordinance No. 2204 - Amending Chapter 11, Section 34: Overnight Parking for Storage on Paved Streets. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2204

AN ORDINANCE OF THE CITY OF TERRELL, AMENDING CHAPTER 11: TRAFFIC REGULATIONS, SECTION 34: OVERNIGHT PARKING FOR STORAGE ON PAVED STREETS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

7. Consider Approval of an Agreement with 148/I-20 Terrell Partners, LTD. Regarding the Development of the Terrell Market Center.

City Manager Gordon Pierce and Tim Glendening of Glendening & Associates presented to Council for consideration an Agreement with 148/I-20 Terrell Partners, LTD. Regarding the Development of the Terrell Market Center. David Davis spoke to Council regarding the Development of the Terrell Market Center. Councilmember Debra Kelley made a motion to approve an Agreement with 148/I-20 Terrell Partners, LTD. Regarding the Development of the Terrell Market Center contingent upon approval of an escrow agreement. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

8. Review Bids and Consider Award of a Construction Contract to L.H. Lacy Company, LTD. for Improvements Related to the Proposed Terrell Market Center.

City Manager Gordon Pierce and City Engineer Stan Ballard presented to Council for discussion and consideration Award of a Construction Contract to L.H. Lacy Company, LTD. for Improvements Related to the Proposed Terrell Market Center. Mayor Pro tem Rick Carmona made a motion to award contract to L. H. Lacy Company, LTD. contingent upon an agreement with the developer to pay costs over $750,000.00. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

9. Consider Approval of a Change Order to the Agreement with L.H. Lacy Company LTD. Regarding Improvements for the Terrell Market Center.

Stan Ballard, City Engineer presented to Council for discussion and consideration a Change Order to the Agreement with L.H. Lacy Company LTD. Regarding Improvements for the Terrell Market Center. Mayor Pro tem Rick Carmona made a motion to approve Change Order to the Agreement with L.H. Lacy Company LTD. Regarding Improvements for the Terrell Market Center in the amount of $262,167.96 contingent upon approval of an agreement with the developer to pay costs over $750,000.00. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

10. Discuss and Consider Calling a Public Hearing for December 2, 2003 to Extend 120-Day Moratorium.

City Manager Gordon Pierce and Assistant City Manager Torry L. Edwards presented to Council for discussion and consideration Calling a Public Hearing for December 2, 2003 to Extend 120-Day Moratorium. Councilmember Floyd Trammell made a motion to approve calling a Public Hearing for December 2, 2003 to Extend 120-Day Moratorium. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

11. Discuss and Consider Approval of Resale Properties Described as:

City Manager Gordon Pierce presented to Council for discussion and consideration Resale Properties Described as:

c.) Lot 1A, Block 185, Irvine Addition.

Mayor Pro tem Rick Carmona made a motion to dis-approve resale of property described as Lot 1A, Block 185, Irvine Addition. Staff is to notify Kaufman County Appraisal District to transfer title of property to City. The motion was seconded by Councilmember Debra Kelley. Ayes - Floyd Trammell, Debra Kelley, Frances Anderson and Rick Carmona. Nayes - none. Motion carried. Councilmember Tommy Spencer abstained from vote.

d.) Lot 10, Block 625, Terrell Revised.

Councilmember Floyd Trammell made a motion to table this item. Staff to research buyer's planned use of property. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

12. Discuss and Consider Appointment to the Kaufman County Appraisal District Board.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointment to the Kaufman County Appraisal District Board. Mayor Pro tem Rick Carmona made a motion to re-appoint Frances Anderson to the Kaufman County Appraisal District Board. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

13. Discuss and Consider December Meeting Schedule.

Councilmember Tommy Spencer made a motion to hold the meeting on December 2nd only. In case of emergency a special meeting will be called. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

14. Receive and Discuss Agenda Follow-up / Status from City Council Retreat.

There was no action taken on this item.

15. Hear Remarks from Visitors.

Bob Winchester spoke to Council regarding the proposed City Charter.
Horace Flatt spoke to Council regarding Resolution No. 472 - acknowledgement of the Pledge of Allegiance to the U.S. Flag.

CONSENT AGENDA

Councilmember Tommy Spencer made a motion to approve items on CONSENT AGENDA and abstain from vote on Item No. 20 - (f) & (g). The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes -none. Motion carried.

16. Discuss and Consider Approval of Resolution No. 471 - Vacation Leave for Department Heads.

RESOLUTION NO. 471

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS AMENDING CHAPTER 6 - LEAVES, SECTION 2: VACATION OF THE CITY OF TERRELL EMPLOYEE HANDBOOK.

WHEREAS, the City of Terrell has the authority to adopt rules and regulations for the orderly handling of the personnel employed by said city; and

WHEREAS, this resolution is not to be construed as a contractual agreement between employer and employees, but is intended as a statement of policies to be followed by the City of Terrell in its relations with its employees; and

WHEREAS, the City Council of the City of Terrell is of the opinion that it will be to the best interest of the city to amend Chapter 6 - Leaves, Section 2: Vacation to read:

Department heads shall accrue fifteen (15) vacation days per year upon hire and shall accrue twenty (20) vacation days per year after five (5) years continuous service.

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

THAT, the Employee Handbook, of the City of Terrell, as heretofore prepared, be hereby in all things approved and adopted as the amendments for the employees of the City of Terrell, and all of the personnel, excepting those employees covered by Local Government Code, Chapter 143, of the City of Terrell shall be so governed thereby; provided, however that the City council of the City of Terrell shall from time to time have the right to make amendments to said policy, no person or employee of the City shall have any vested contractual rights under such handbook, and all privileges, not spelled out in this document shall be deemed to belong to the City of Terrell.

17. Consider Approval of Resolution No. 473 - Regarding Creation of the Capital Improvements Advisory Committee and Appoint a Member to Serve with the Planning and Zoning Commission.

RESOLUTION NO. 473

A RESOLUTION CREATING THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE, AND SETTING FORTH THE RULES FOR AND THE DUTIES THEREOF, ALL IN COMPLIANCE WITH THE IMPACT FEE STATUTES FOUND IN CHAPTER 395 OF THE LOCAL GOVERNMENT CODE.

WHEREAS, Chapter 395 of The Local Government Code ("Chapter 395") authorizes political subdivisions to finance capital improvements associated with new development in municipalities; and

WHEREAS, these statutes prescribe a process that incorporates the required methodology, the procedures for public hearings, and the reporting components related to impact fees; and

WHEREAS, this legislation requires that a Capital Improvements Advisory Committee ("Advisory Committee") be appointed by the governing body to advise the City Council on certain matters related to the procedures promulgated by Chapter 395; and

WHEREAS, the legislation further requires that the City Council adopt procedural rules for the Advisory Committee to follow in carrying out its duties;

NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Terrell that the following appointments, assignments and procedures be adopted in conjunction with the requirements of Chapter 395:

Section I. Establishment of Advisory Committee.

There is hereby established an advisory committee to the City Council named the "Capital Improvements Advisory Committee."

Section II. Membership, Compliance and Appointment.

2.1 The Capital Improvements Advisory Committee shall be composed of the Terrell Planning and Zoning Commission plus one additional member, to be named by the City Council, who is associated with development, real estate, or a related field.

2.2 The Chairperson of the Terrell Planning & Zoning Commission shall serve as the Chairperson of the Advisory Committee.

2.3 The Chairperson of the Advisory Committee shall be a voting member but shall not initiate or second any motion made by the Committee.

2.3 The City Manager shall serve as an ex officio member of the Advisory Committee but shall have no vote in connection with any of the determinations or recommendations of the Committee.

2.4 The City Council reserves the right to appoint additional members to the Advisory Committee if required to replace a member due to a resignation or for any other purpose needed to fulfill the composition requirements of Chapter 395.

Section III Functions and Duties.

3.1 The Advisory Committee shall serve in an advisory capacity.

3.2 The Advisory Committee is established:

3.21 To advise and assist the City in adopting land use assumptions;

3.22 To review the capital improvements plan and file written comments;

3.23 To monitor and evaluate implementation of the capital improvements plan;

3.24 To file semi-annual reports with respect to progress of the capital improvements plan and report to the City Council any perceived inequities in implementing the plan or imposing the impact fee; and

3.25 To advise the City Council of the need to update or revise the land use assumptions, capital improvements plan or impact fees.

Section IV. Conduct of the Advisory Committee.

4.1 The Advisory Committee shall conduct Committee business only when a quorum is present. In this case a quorum shall be defined as not less than one-half of the Committee's membership.

4.2 The Advisory Committee's activities, scheduling and conduct should be as commonly prescribed in Robert's Rules of Order.

4.3 The Advisory Committee shall meet at sufficient intervals to accomplish the functions enumerated in Section III.

4.4 The Advisory Committee shall provide Committee Reports to the City Council that include comments and recommendations regarding Land Use Assumptions, Capital Improvements Plans, and Impact Fees.

4.5 The Committee Reports shall be submitted:

4.51 Before the fifth business day before the date of the public hearing on the proposed land use assumptions, water and wastewater capital improvements plan, and roadway capital improvements plan; and

4.52 Before the fifth business day before the date of the public hearing on the proposed water and wastewater impact fees, and roadway impact fee; and

4.53 At such other times as shall be deemed appropriate.

Section V. Responsibilities of the City Government

The City Council and City staff shall make available to the Advisory Committee any professional reports regarding the development or implementation of land use plans, capital improvements plans, utility financial analyses, or any other information that may be available relevant to the development of impact fees under the Chapter 395 process.

DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TERRELL ON THE 4TH DAY OF NOVEMBER, 2003.

18. Discuss and Consider Bid and Award of Contract for Concrete Repair and Replacement - No. 04-22-02.

19. Discuss and Consider Bid and Award of Contract for Street Maintenance Products - No. 04-22-01.

20. Discuss and Consider Resale of Properties Described as:
e. Part of Lot 1, Block 238, Terrell Revised.
f. Lot 5, Block 4, Stallings 3rd & 4th.
g. Lot 2A, Block 26, Terrell Original.

END OF CONSENT AGENDA

21. Receive City Manager's Reports and Correspondence - Invitation to Grand Opening of No. 1 British Flying Training School Museum.

22. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local Government Code to Discuss Section 551.072 - Negotiate Sale of Real Property.

Council adjourned into Executive Session.

23. Reconvene into Regular Session and Consider Action, if any, on Item Discussed in Executive Session.

There was no action taken in Executive Session.

24. 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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