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REGULAR CITY COUNCIL MEETING

MAY 20, 2003

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, May 20, 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 Paul Simpson gave the opening prayer.

3. Consider Approval of Regular City Council Meeting Minutes of May 6, 2003 and Special City Council Meeting and Workshop Minutes of May 8, 2003.

Councilmember Floyd Trammell made a motion to approve the Regular City Council Meeting Minutes of May 6, 2003 and Special City Council Meeting and Workshop Minutes of May 8, 2003. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING

4.
(a.) Conduct a Public Hearing to Receive Public Comment on a Request for a Specific Use Permit for a Model Home Display and Sales Facility on Property Described as Part of Lot 2, Block A, Rip Griffins Addition.

Mayor Frances Anderson opened a Public Hearing to Receive Public Comment on a Request for a Specific Use Permit for a Model Home Display and Sales Facility on Property Described as Part of Lot 2, Block A, Rip Griffins Addition. City Manager Gordon Pierce gave opening remarks. No one spoke for or against the Specific Use Permit for a Model Home Display and Sales Facility on Property Described as Part of Lot 2, Block A, Rip Griffins Addition. 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. 2173 - Granting a Specific Use Permit for a Model Home Display and Sales Facility on Property Described as Part of Lot 2, Block A, Rip Griffins Addition.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2173 - Granting a Specific Use Permit for a Model Home Display and Sales Facility on Property Described as Part of Lot 2, Block A, Rip Griffins Addition. Councilmember Tommy Spencer made a motion to approve Ordinance No. 2173 - Granting a Specific Use Permit for a Model Home Display and Sales Facility on Property Described as Part of Lot 2, Block A, Rip Griffins Addition. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

5. Discuss and Consider Appointments to the Terrell Tourism Board.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Terrell Tourism Board. Mayor Pro tem Rick Carmona made a motion to re-appoint Carman Barnes and appoint Danny Desai and Margaret Flanagan to the Terrell Tourism Board. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

6. Discuss and Consider Appointments to the Planning and Zoning Commission.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Planning and Zoning Commission.

Councilmember Tommy Spencer made a motion to re-appoint Don Archer to the Planning and Zoning Commission. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

Councilmember Debra Kelley made a motion to appoint Russell Samples to the Planning and Zoning Commission. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes -none. Motion carried.

Councilmember Floyd Trammell made a motion to appoint Ronald Glenn to the Planning and Zoning Commission. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

7. Discuss and Consider Appointments to the Historic Landmark Preservation Commission.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Historic Landmark Preservation Commission. Councilmember Debra Kelley made a motion to re-appoint Howard Tygrett and appoint Dr. James Maxwell to the Historic Landmark Preservation Commission. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

Mayor Frances Anderson made a motion to appoint Davis Griffith-Cox to the Historic Landmark Preservation Commission. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

8. Discuss and Consider Appointments to the Subdivision / Zoning Ordinance Committee.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Subdivision / Zoning Ordinance Committee.

Councilmember Debra Kelley made a motion to appoint Floyd Trammell to the Subdivision / Zoning Ordinance Committee. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes -none. Motion carried.

Councilmember Debra Kelley made a motion to appoint Tommy Spencer to the Subdivision / Zoning Ordinance Committee. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes -none. Motion carried.

Mayor Frances Anderson made a motion to appoint Gerald Lee to the Subdivision / Zoning Ordinance Committee. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all: Nayes - none. Motion carried.

Councilmember Floyd Trammell made a motion to appoint Don Thurman to the Subdivision / Zoning Ordinance Committee. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

Councilmember Tommy Spencer made a motion to appoint Minnie Presley to the Subdivision / Zoning Ordinance Committee. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

Councilmember Debra Kelley made a motion to appoint Katie Smith to the Subdivision / Zoning Ordinance Committee. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

Mayor Pro tem Rick Carmona made a motion to re-appoint Debbie Bain, Bill Baker, Jay Champion, Juan Davila, Robert Lee, Henry Madgwick, James Mays, Floyd Shumpert and David Stockslager. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

9. Discuss and Consider Approval of Ordinance No. 2175 - Budget Amendment.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2175 - Budget Amendment on first reading. Mayor Pro tem Rick Carmona made a motion to approve Ordinance No. 2175 - Budget Amendment on first reading. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2175

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.

10. Hear Remarks from Visitors.

Mrs. Z.B. Jones - 1112 S. Rockwall thanked the Council and spoke regard speeding and heavy trucks on South Rockwall Street and the lack of sidewalks and high volume of traffic.

Dr. Horace Flatt spoke to Council regarding allowing public remarks prior to item on the agenda being discussed.

Ruby Brewster spoke to Council regarding clean-up in Stallings Additions and a Community clean up.

OLD BUSINESS
CONSENT AGENDA

11. Discuss and Consider Adoption on Second Reading Ordinance No. 2172 - Granting a Specific Use Permit for a Communication Tower on Property Described as Lot 3, Block D, Metrocrest Addition of the City of Terrell.

City Manager Gordon Pierce presented to Council for discussion and consideration Adoption on Second Reading Ordinance No. 2172 - Granting a Specific Use Permit for a Communication Tower on Property Described as Lot 3, Block D, Metrocrest Addition of the City of Terrell. Councilmember Tommy Spencer made a motion to adopt Ordinance No. 2172 - Granting a Specific Use Permit for a Communication Tower on Property Described as Lot 3, Block D, Metrocrest Addition of the City of Terrell. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2172

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A COMMUNICATION TOWER ON PROPERTY DESCRIBED AS LOT 3 BLOCK D, METROCREST ADDITION 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 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, May 6, 2003, on a request to issue a Specific Use Permit for a communication tower on property described as Lot 3, Block D, Metrocrest Addition; 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 grant the Specific Use Permit.

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

A Specific Use Permit is granted to locate one (1) telecommunication tower on property described as Lot 3, Block D, Metrocrest Addition, City of Terrell, Kaufman County, Texas.

This Specific Use Permit 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 6TH DAY OF MAY, 2003.
PASSED AND ADOPTED THIS THE 20TH DAY OF MAY, 2003.

12. Receive City Manager's Reports and Correspondence:

City Manager Gordon Pierce presented Remarks and Correspondence to Council.

(c.) North Central Texas Council of Governments 37th Annual General Assembly Meeting.
(d.) City Council Budget Priorities.
(e.) Discuss Cancellation of City Council Special Meeting / Workshop for May 22, 2003 - 6:00 p.m.
(f.) Discuss City Council Special Meeting / Workshop for May 27, 2003 - 6:30 p.m.

13. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local Government Code to Discuss the Following:
(g.) Section 551.072 - Negotiate Sale of Real Property.
(h.) Section 551.074 - Personnel Matters: Status of Police Chief Applicants.

Council adjourned into Executive Session.

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

There was no action taken in Executive Session.

15. 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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