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REGULAR CITY COUNCIL MEETING

FEBRUARY 4, 2003

7:00 P.M.

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

Reverend Ivan Johnson gave the opening prayer.

3. Proclamation Designating February as "Black History Month".

Mayor Frances Anderson read a Proclamation designating the month of February as "Black History Month".

Office of the Mayor of the City of Terrell

Proclamation

WHEREAS, this has been designated as Black History Month, and will be observed in our community with a series of special presentations and exhibits; and

WHEREAS, this observance affords the special opportunity to become more knowledgeable about the black heritage, and to honor the many black leaders who have contributed to the progress of our nation; and

WHEREAS, such knowledge can strengthen the insight of all our citizens regarding the issues of human rights, the great strides that have been made in the crusade to eliminate the barriers of equality for minority groups and the continuing struggle against racial discrimination and poverty.

NOW, THEREFORE, I Frances R. Anderson, by virtue of the authority vested in me as Mayor, and on behalf of the Terrell City Council, do hereby proclaim the month of February 2003 as:

"BLACK HISTORY MONTH"

and urge all residents to make special note of the various exhibits displayed in public buildings, to assist and encourage scheduled activities, and to join together in making this a period of rededication to the principles of justice and equality for all people.

IN WITNESS WHEREOF, I have hereunto set my hand, and caused the Corporate Seal of the City of Terrell, Texas, to be affixed, this the 4th day of February, 2003.

____________________________________
Frances R. Anderson , Mayor

Mayor Anderson recognized the following students attending the Council Meeting from Trinity Valley Community College: Tiffany Phillips, Jessica Bar, Kayce Cade, Adam Whitt, Maria Gonzalez, Gilbert Padilla and Ernest Wayne Mitchell.

4. Consider Approval of Regular City Council Meeting Minutes of January 21, 2003.

Mayor Pro tem Tommy Spencer made a motion to approve the Regular City Council Meeting Minutes of January 21, 2002 with correction to Item No. 13 under Article 1 change the word collocation to co-location. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

January 21, 2003

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

NEW BUSINESS

5. Discuss and Consider Planning and Zoning Commission Recommendation for a Revised Final Plat of Town North Estates V, Phase I.

City Manager Gordon Pierce presented to Council for discussion and consideration Planning and Zoning Commission Recommendation for a Revised Final Plat of Town North Estates V, Phase I. Councilmember Debra Kelley made a motion to approve the Revised Final Plat of Town North Estates V, Phase I contingent on providing a turn around at Meadowcrest. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

6. Discuss and Consider Planning and Zoning Commission Recommendation for a Final Plat of Creekside Estates, Phase I.

City Manager Gordon Pierce presented to Council for discussion and consideration Planning and Zoning Commission Recommendation for a Final Plat of Creekside Estates, Phase I. Councilmember Floyd Trammel made a motion to approve Final Plat of Creekside Estates, Phase I. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

7. Receive and Consider Solid Waste Management Cooperative Quarterly Report.

Marilyn May representing the Solid Waste Management Cooperative presented to Council for discussion and consideration the Solid Waste Management Cooperative Quarterly Report. There was no action taken on this item.

8. Discuss and Consider Authorizing Terrell Economic Development Corporation to Expend Funds for Updated Workforce Survey.

Danny Booth representing Terrell Economic Development Corporation presented to Council for discussion and consideration Authorizing Terrell Economic Development Corporation to Expend Funds for Updated Workforce Survey. Frances Anderson stated for the record that Danny Booth did present updated records to Council. Councilmember Rick Carmona made a motion to authorize Terrell Economic Development Corporation to expend funds in an amount not to exceed $26,000.00 for Updated Workforce Survey. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

9. Consider Approval of Agreement for Engineering Services with Carter & Burgess, Inc. and Authorization to Proceed with Various Projects.

City Manager Gordon Pierce and Stan Ballard, City Engineer presented to Council for discussion and consideration Agreement for Engineering Services with Carter & Burgess, Inc. and Authorization to Proceed with Various Projects. Councilmember Floyd Trammel made a motion to approve the Agreement for Engineering Services with Carter & Burgess, Inc. and Authorization to Proceed with Various Projects (Contract 03-04 and Contract 03-05) not to exceed the budgeted amounts of $80,000.00 and $50,000.00. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

10. Discuss and Consider Approval of Resolution No. 446 - Urging the Texas Congressional Delegation to Support Funding for President Bush's $3.5 Billion First Responder Initiative.

City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 446 - Urging the Texas Congressional Delegation to Support Funding for President Bush's $3.5 Billion First Responder Initiative. Councilmember Rick Carmona made a motion to approve Resolution No. 446 - Urging the Texas Congressional Delegation to Support Funding for President Bush's $3.5 Billion First Responder Initiative. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 446

A RESOLUTION OF THE CITY OF TERRELL URGING THE TEXAS CONGRESSIONAL DELEGATION TO SUPPORT FUNDING FOR PRESIDENT BUSH'S $3.5 BILLION FIRST RESPONDER INITIATIVE DURING THE 108TH SESSION OF CONGRESS.

WHEREAS, the 107th Congress passed legislation creating the Department of Homeland Security; and

WHEREAS, the legislation creating the new department did not provide funding for President Bush's $3.5 billion First Responder Initiative; and

WHEREAS, the First Responder Initiative was intended to provide funding to help cities pay for planning, training, equipment, and other resources to meet the challenges of preparing for and responding to terrorist attacks; and

WHEREAS, Texas cities have been required to spend millions of dollars to implement heightened security measures since September 11, 2001; and

WHEREAS, many Texas cities are experiencing severe budget shortfalls.

NOW, THEREFORE, BE IT RESOLVES BY THE CITY OF TERRELL that the city strongly encourages members of the Texas Congressional delegation to actively support passage of an appropriations bill that includes the $3.5 billion First Responder Initiative to provide funds to help cities pay for some of the resources needed to meet the cities' new responsibilities for homeland security.

PASSED AND ADOPTED this the 4th day of February, 2003.

11. Discuss and Consider Approval of Resolution No. 447 - Recommending to the Kaufman County Commissioners Court Adoption of the Kaufman County Thoroughfare Plan Including, But Not Limited To, the City of Terrell, Kaufman County, Texas.

City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 447 - Recommending to the Kaufman County Commissioners Court Adoption of the Kaufman County Thoroughfare Plan Including, But Not Limited To, the City of Terrell, Kaufman County, Texas. Mayor Pro tem Tommy Spencer made a motion to approve Resolution No. 447 - Recommending to the Kaufman County Commissioners Court Adoption of the Kaufman County Thoroughfare Plan Including, But Not Limited To, the City of Terrell, Kaufman County, Texas. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

Resolution No. 447

A RESOLUTION OF THE CITY OF TERRELL, TEXAS RECOMMENDING TO THE KAUFMAN COUNTY COMMISSIONERS COURT, ADOPTION OF THE KAUFMAN COUNTY THOROUGHFARE PLAN INCLUDING, BUT NOT LIMITED TO, THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS.

WHEREAS, the Kaufman County Leadership Council retained a professional planning consultant to assist in the preparation of a county-wide Thoroughfare Plan for the County of Kaufman, including the City of Terrell; and

Whereas, the Kaufman County Thoroughfare Plan adopts the City of Terrell thoroughfare plan as approved by the Terrell City Council on September 3, 2002.

WHEREAS, the City Council considered the county-wide thoroughfare plan during their regular meeting of February 4, 2003, and recommends approval of the plan as submitted.

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

(A.) That this plan is intended to constitute the Thoroughfare Plan for the County of Kaufman, including the City of Terrell, for all matters related to long-range thoroughfare construction.

(B.) That the Thoroughfare Plan, and all the maps, which are attached hereto and incorporated herein for all purposes is hereby adopted by the City Council as a guide and public policy.

PASSED AND APPROVED THIS THE 4TH DAY OF FEBRUARY, 2003.

12. Discuss and Consider Postponement of the Authorization and Sale of City of Terrell, Texas Tax and Airport System Surplus Revenue Certificates of Obligation, Series 2003.

City Manager Gordon Pierce presented to Council for discussion and consideration Postponement of the Authorization and Sale of City of Terrell, Texas Tax and Airport System Surplus Revenue Certificates of Obligation, Series 2003. Councilmember Debra Kelley made a motion to postpone the Authorization and Sale of $1,500,000 "City of Terrell, Texas Tax and Airport System Surplus Revenue Certificates of Obligation, Series 2003" until the Council's next regular meeting to be held February 18, 2003 to allow additional time for the preparation and distribution of the Notice of Sale and Official Statement pertaining thereto. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

13. Discuss and Consider Date, Time, Location and Discussion Items for the City Council Spring Retreat.

City Manager Gordon Pierce presented to Council for discussion and consideration Date, Time, Location and Discussion Items for the City Council Spring Retreat. Council by consensus agreed to February 20-21 in Mesquite beginning at 9:00 a.m. on the 20th. Councilmember agenda items are due by Friday February 7, 2003.

14. Hear Remarks from Visitors.

Dr. Horace Flatt invited Council to attend the Historical Marker Dedication of William McDonald next Saturday, February 8, 2003 at 10:30 a.m. at the Forney Sub County Courthouse.

OLD BUSINESS
CONSENT AGENDA

Councilmember Floyd Trammell made a motion to adopt Ordinance No. 2150, Ordinance No. 2151 and Ordinance No. 2152 on CONSENT AGENDA. The motion was seconded by Mayor Pro tem Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

15. Discuss and Consider Adoption on Second Reading Ordinance No. 2150 - Budget Amendment.

ORDINANCE NO. 2150

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 is amended to reflect the following increases in the budget:

GENERAL FUND
EXPENDITURES
BUDGETED AMOUNT AMENDED

010-16-4322 Carnegie Building $3,500.00 $7,000.00 $10,500.00

010-22-4112 Workmen's Compensation $27,365.00 $10,277.00 $37,642.00
010-32-4112 Workmen's Compensation $49,347.00 $3,637.00 $52,984.00
010-33-4112 Workmen's Compensation $13,505.00 1,897.00 $15,402.00

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 21ST day of January, 2003.
Passed and Adopted on this the 4th day of February, 2003.

16. Discuss and Consider Adoption on Second Reading Ordinance No. 2151 - Zone Change from Planned Development (PD) to Single-Family (1F2) on Property Described as Being 368.05 Acres in the L.H. Adams Survey, A-7, Kaufman County, Texas and Being a Part of a 382.010 Acre Tract as Conveyed from Tommie Lee Cochran Hall to Jack C. Morgan, Sr., Trustee of the Tommie Lee Hall Management Trust as Recorded in Volume 988, Page 697 of the Deed Records of Kaufman County, Texas.

Ordinance No. 2151

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM PLANNED DEVELOPMENT TO SINGLE-FAMILY (1F2) ON PROPERTY DESCRIBED AS BEING 368.05 ACRES IN THE L.H. ADAMS SURVEY, A-7, KAUFMAN COUNTY, TEXAS, AND BEING A PART OF A 382.010 ACRE TRACT AS CONVEYED FROM TOMMIE LEE COCHRAN HALL TO JACK C. MORGAN, SR., TRUSTEE OF THE TOMMIE LEE HALL MANAGEMENT TRUST, AS RECORDED IN VOLUME 988, PAGE 697, 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 December 30, 2002, on a request to change the zoning from Planned Development (PD) to Single-Family (1F2) on property described as being 368.05 acres in the L.H. Adams Survey, A-7, Kaufman County, Texas, and being a part of a 382.010 acre tract as conveyed from Tommie Lee Cochran Hall to Jack C. Morgan, Sr., Trustee of the Tommie Lee Hall Management Trust, as recorded in Volume 988, Page 697, of the Deed Records of Kaufman County, Texas; and recommended approving a zone change on this property; and

WHEREAS, the City Council of the City of Terrell, Texas held a public hearing on January 21, 2003 on a request to change the zoning from Planned Development (PD) to Single-Family (1F2) on property described as being 368.05 acres in the L.H. Adams Survey, A-7, Kaufman County, Texas, and being a part of a 382.010 acre tract as conveyed from Tommie Lee Cochran Hall to Jack C. Morgan, Sr., Trustee of the Tommie Lee Hall Management Trust, as recorded in Volume 988, Page 697, 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 Planned Development (PD) to Single-Family (1F2) on property described as being 368.05 acres in the L.H. Adams Survey, A-7, Kaufman County, Texas, and being a part of a 382.010 acre tract as conveyed from Tommie Lee Cochran Hall to Jack C. Morgan, Sr., Trustee of the Tommie Lee Hall Management Trust, as recorded in Volume 988, Page 697, 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 368.05 acres in the L.H. Adams Survey, A-7, Kaufman County, Texas, and being a part of a 382.010 acre tract as conveyed from Tommie Lee Cochran Hall to Jack C. Morgan, Sr., Trustee of the Tommie Lee Hall Management Trust, as recorded in Volume 988, Page 697, of the Deed Records of Kaufman County, Texas, from the current zoning of Planned Development (PD) 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 effective immediately from and after its passage and the publication of the caption, as the law in such cases provides.

PASSED AND APPROVED this the 21st day of January, 2003.
PASSED AND APPROVED this the 4TH day of February, 2003.

17. Discuss and Consider Adoption on Second Reading Ordinance No. 2152 - Establishing or Modifying Traffic Controls at the Intersections of Baker with Rockwall and Ninth with State.

ORDINANCE NO. 2152

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS AUTHORIZING THE INSTALLATION AND MAINTENANCE OF STOP SIGNS AT THE NORTHEAST CORNER OF THE INTERSECTION OF BAKER STREET AND SOUTH ROCKWALL AVENUE, AND AT THE NORTH, SOUTH, EAST AND WEST CORNERS OF THE INTERSECTION OF NINTH STREET AND STATE STREET (FM HIGHWAY 986); PROVIDING FOR ENFORCEMENT; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION OF CAPTION; AND ESTABLISHING AN EFFECTIVE DATE.

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

ARTICLE I.

THAT there be installed at the northeast corner of the intersection of Baker Street and South Rockwall Avenue and at the north, south, east and west corners of the intersection of Ninth Street and State Street (FM Highway 986) appropriate signs, in accordance with Chapter 11, Section 36, of the City of Terrell, 1986 Revised Code of Ordinances notifying drivers of vehicles approaching such intersection, traveling west bound on Baker Street, northeast and southwest on Ninth Street and southeast and northwest on State Street (FM Highway 986), to come to a full stop. Drivers or operators of vehicles approaching such signs shall comply with the requirements of Chapter 11, Section 36, with regards thereto.

ARTICLE II.

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

ARTICLE III.

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 21st day of January, 2003.
PASSED AND ADOPTED on first reading this 4th day of February, 2003.

18. Receive City Manager's Reports and Correspondence -

City Manager Gordon Pierce presented reports and correspondence to Council.

a.) Receive Update from Town Hall Meeting Held on January 13, 2003.
b.) Letter of Compliment.

19. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local Government Code to Discuss the Following: Section 551.071 - Pending or Contemplated Litigation - Receive Update from City Attorney.

Council adjourned into Executive Session.

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

There was no action taken in Executive Session.

21. 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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