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REGULAR CITY COUNCIL MEETING

AUGUST 5, 2003

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, August 5, 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 Steve Bell gave the opening prayer.

3. Consider Approval of Special City Council Meeting and Workshop Minutes of July 15, 2003, Regular City Council Meeting Minutes of July 15, 2003 and Special City Council Meeting and Workshop Minutes of July 17, 2003.

Councilmember Floyd Trammell made a motion to approve the Special City Council Meeting and Workshop Minutes of July 15, 2003, Regular City Council Meeting Minutes of July 15, 2003 and Special City Council Meeting and Workshop Minutes of July 17, 2003. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

4. Discuss and Consider Corrections to June 17, 2003 Regular City Council Meeting Minutes.

City Manager Gordon Pierce presented to Council for discussion and consideration Corrections to June 17, 2003 Regular City Council Meeting Minutes. City Secretary to make corrections to June 17, 2003 Regular City Council Meeting Minutes.

Correction

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

Mayor Pro tem Rick Carmona made a motion to authorize City Manager to enter into an agreement with Carlisle Coatings and Waterproofings for Tax Abatement of property. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

Mayor Pro tem Rick Carmona made a motion to authorize the City Manager to enter into an agreement with Project Venus for rebate of local property taxes and also enter into an economic development program agreement. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

Mayor Pro tem Rick Carmona made a motion to provide a one (1) year tax abatement for 0.1% to the Venus Initiative, L.L.C. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

5. Discuss and Consider Fund Allocation to the Kaufman County Veterans' Memorial Park.

James Crouch presented to Council for discussion and consideration Fund Allocation to the Kaufman County Veterans' Memorial Park. Councilmember Debra Kelley made a motion to allocate $2,000.00 to the Kaufman County Veterans' Memorial Park. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

6. Discuss and Consider Terrell Economic Development Corporation Recommendation for Economic Development Grant to Lakes Regional Mental Health Mental Retardation Center.

Don Smith, Chief Financial Officer of Lakes Regional Mental Health Mental Retardation Center presented to Council for discussion and consideration Terrell Economic Development Corporation Recommendation for Economic Development Grant to Lakes Regional Mental Health Mental Retardation Center. Mayor Pro tem Rick Carmona made a motion to approve Terrell Economic Development Corporation Recommendation of $20,000.00 for Economic Development Grant to Lakes Regional Mental Health Mental Retardation Center. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

7. Discuss and Consider Terrell Economic Development Corporation Quarterly Report.

Douglas Howie presented to Council for discussion and consideration Terrell Economic Development Corporation Quarterly Report. Mayor Pro tem Rick Carmona made a motion to approve Terrell Economic Development Corporation Quarterly Report. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

8. Discuss and Consider Amendment to Airport Road Construction Project.

City Manager Gordon Pierce, City Engineer Stan Ballard and Danny Booth representing Terrell Economic Development Corporation presented to Council for discussion and consideration Amendment to Airport Road Construction Project. Mayor Pro tem Rick Carmona made a motion to approve Economic Development Corporation recommendation for Amendment to Airport Road Construction Project in the amount of $222,500.00. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

9. Consider Approval of an Agreement with Terra-Mar, Inc. for Providing Consultation and Construction Materials Testing on the Current Airport Road Improvements Project.

Stan Ballard presented to Council for discussion and consideration an Agreement with Terra-Mar, Inc. for Providing Consultation and Construction Materials Testing on the Current Airport Road Improvements Project. Councilmember Debra Kelley made a motion to approve an Agreement with Terra-mar, Inc. for Providing Consultation and Construction Materials Testing on the Current Airport Road Improvements Project in the amount of $90,860.00. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes -none. Motion carried.

10. Discuss and Consider Approval of Ordinance No. 2187 - Amending Chapter 20, Article II of the Code of Ordinances of the City of Terrell, Texas; Providing for Park Land Dedication and Cash Payment, or Park Land Dedication and Park Construction, or Cash Payment in Lieu of Park Land Dedication.

Steve Rogers, Director of Public Works and Dennis Sims of Dunkin, Sims, Stoffels presented to Council for discussion and consideration Ordinance No. 2187 - Amending Chapter 20, Article II of the Code of Ordinances of the City of Terrell, Texas; Providing for Park Land Dedication and Cash Payment, or Park Land Dedication and Park Construction, or Cash Payment in Lieu of Park Land Dedication. Councilmember Floyd Trammell made a motion to approve Ordinance No. 2187 - Amending Chapter 20, Article II of the Code of Ordinances of the City of Terrell, Texas; Providing for Park Land Dedication and Cash Payment, or Park Land Dedication and Park Construction, or Cash Payment in Lieu of Park Land Dedication on first reading. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2187

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 20, ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR PARK LAND DEDICATION AND CASH PAYMENT, OR PARK LAND DEDICATION AND PARK CONSTRUCTION, OR CASH PAYMENT IN LIEU OF PARK LAND DEDICATION, AS A CONDITION TO RESIDENTIAL SUBDIVISION PLAT APPROVAL; ESTABLISHING A SPECIAL FUND FOR LAND DEDICATED AND MONEY PAID FOR DEVELOPMENT; CONTAINING A SAVINGS CLAUSE; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.

11. Discuss and Consider Approval of Ordinance No. 2188 - Amending Section 15: Park Regulations of the City of Terrell Code of Ordinances.

Steve Rogers presented to Council for discussion and consideration Ordinance No. 2188 - Amending Section 15: Park Regulations of the City of Terrell Code of Ordinances. Mayor Pro tem Rick Carmona made a motion to approve Ordinance No. 2188 - Amending Section 15: Park Regulations of the City of Terrell Code of Ordinances on first reading. The motion was seconded by Floyd Trammell. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2188

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING SECTION 15: PARK REGULATIONS OF THE CITY OF TERRELL CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

12. Consider Authorizing Staff to Proceed with a Revision to the Plans and Development of a Change Order Regarding Improvements to South Park Between Rose Hill and Kennedy Elementary.

City Manager Gordon Pierce, City Engineer Stan Ballard and Bob Staehs representing Schaumburg & Polk, Inc. presented to Council for discussion and consideration Authorizing Staff to Proceed with a Revision to the Plans and Development of a Change Order Regarding Improvements to South Park Between Rose Hill and Kennedy Elementary. Councilmember Floyd Trammell made a motion to approve Authorizing Staff to Proceed with a Revision to the Plans and Development of a Change Order at Grade Option in an amount not to exceed $75,000.00 Regarding Improvements to South Park Between Rose Hill and Kennedy Elementary. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

13. Consider Approval of Ordinance No. 2183 - Authorizing the Installation of Stop Signs at Various Intersections within the City.

Stan Ballard, City Engineer presented to Council for consideration Ordinance No. 2183 - Authorizing the Installation of Stop Signs at Various Intersections within the City. Councilmember Floyd Trammell made a motion to approve Ordinance No. 2183 - Authorizing the Installation of Stop Signs on first reading. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2183

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AUTHORIZING THE INSTALLATION OR MODIFICATION AND MAINTENANCE OF REGULATORY TRAFFIC CONTROL SIGNAGE AT VARIOUS INTERSECTIONS WITHIN SAID JURISDICTION, PROVIDING FOR ENFORCEMENT, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE.

14. Consider Approval of Ordinance No. 2184 - Amending the Water Conservation and Drought Contingency Plan.

Sonny Groessel, Director of Utilities presented to Council for consideration Ordinance No. 2184 - Amending the Water Conservation and Drought Contingency Plan. Councilmember Floyd Trammell made a motion to approve Ordinance No. 2184 - Amending the Water Conservation and Drought Contingency Plan on first reading. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2184

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING THE WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN, AS ADOPTED BY ORDINANCE NO. 2176, BY REVISING SECTION II THEREOF AND ADDING SECTION XIV THERETO, PROVIDING SEVERABILITY AND AN EFFECTIVE DATE.

15. Discuss and Consider Approval of Ordinance No. 2185 - Amending Chapter 4: Building Regulations, Section 24: Exterior Construction Requirements and Standards.

City Manager Gordon Pierce and Barbara Trego, Interim Director of Municipal Development presented to Council for discussion and consideration Ordinance No. 2185 - Amending Chapter 4: Building Regulations, Section 24: Exterior Construction Requirements and Standards. Mayor Pro tem Rick Carmona made a motion to approve Ordinance No. 2185 - Amending Chapter 4: Building Regulations, Section 24: Exterior Construction Requirements and Standards with the following exceptions: taking out under (D) Exceptions - churches, church related facilities located on property owned by the churches on first reading. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2185

AN ORDINANCE OF THE CITY OF TERRELL, KAUFMAN COUNTY TEXAS AMENDING CHAPTER 4: BUILDING REGULATIONS, SECTION 24: EXTERIOR CONSTRUCTION REQUIREMENTS AND STANDARDS OF THE TERRELL CITY CODE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR NEW STANDARDS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

16. Discuss and Consider Emergency Mutual Aid Agreement with Kaufman County.

City Manager Gordon Pierce presented to Council for discussion and consideration Emergency Mutual Aid Agreement with Kaufman County. Councilmember Floyd Trammell made a motion to continue the Emergency Mutual Aid Agreement with Kaufman County. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

17. Discuss and Consider Appointment of City-Wide Capital Improvement Committee.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointment of City-Wide Capital Improvement Committee. Mayor Pro tem Rick Carmona made a motion to table this item to the August 19, 2003 City Council Meeting agenda. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

18. Discuss and Consider Date and Time for Tour and Review of City Facilities and Meetings with Industries.

Council by consensus moved this item to the September 2, 2003 City Council Meeting agenda.

19. Discuss and Consider Amendments to the City Council Travel Policy.

City Manager Gordon Pierce presented to Council for discussion and consideration Amendments to the City Council Travel Policy. Mayor Pro tem Rick Carmona made a motion to approve Amendments to the City Council Travel Policy. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes -none. Motion carried.

20. Discuss and Consider Approval of Resolution No. 461 - Approving the Adoption of a City Council Meeting Procedures Policy.

City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 461 - Approving the Adoption of a City Council Meeting Procedures Policy. Councilmember Floyd Trammell made a motion to approve Resolution No. 461 - Approving the Adoption of a City Council Meeting Procedures Policy. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

Resolution No. 461

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL APPROVING THE ADOPTION OF A COUNCIL MEETING PROCEDURES POLICY

WHEREAS, the City of Terrell City Council desires to adopt a 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 City Council of the City of Terrell hereby authorizes the establishment of a Council Meeting Procedures Policy.

SECTION 2: That this resolution shall become effective immediately upon its passage and approval.

PASSED AND ADOPTED this the 5th day of August, 2003.

21. Discuss and Consider Approval of Ordinance No. 2186 - Budget Amendment.

John Rounsavall, City Secretary/Finance Director presented to Council for discussion and consideration Ordinance No. 2186 - Budget Amendment. Mayor Pro tem Rick Carmona made a motion to approve Ordinance No. 2186 - Budget Amendment on first reading. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2186

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.

22. Receive and Discuss City of Terrell Fiscal Year 2003-2004 Draft Budget.

Council received City of Terrell Fiscal Year 2003-2004 Draft Budget. There was no action taken on this item.

23. Hear Remarks from Visitors.

Mrs. Z.B. Jones spoke to Council regarding communication and lack of information in the local newspaper and various code and traffic violations in her neighborhood.

OLD BUSINESS
CONSENT AGENDA

24. Discuss and Consider Adoption on Second Reading Ordinance No. 2182 - Amending Appendix 1 of the Code of Ordinances, Establishing Fees and Charges on the Municipal Airport.

ORDINANCE NO. 2182

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING APPENDIX 1: FEE SCHEDULE, SECTION 1: AIRPORT FEES AND CHARGES, 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.

ARTICLE 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, APPENDIX 1: FEE SCHEDULE, SECTION 1: AIRPORT FEES AND CHARGES, BE AMENDED AS FOLLOWS:

Section 1: Airport Fees and Charges
Delete the existing subparagraphs (a) and (b) and substitute the following:

(a) Commercial use permit fee: $500.00 (non-refundable)
(b) T-hangar rental:

Hangar Unit(s) Monthly Rent

D 1 thru 10 $150
Ends $ 75
H 1 $225
2 thru 12 $200
J 1 $340
2 $395
3 thru 6 $290
7 $420
8 $365

Monthly Weekly*
Single engine (<7 seats) $30.00 $10.00
Larger aircraft $50.00 $15.00
* Applies to transient aircraft staying more than 24 hours

(d) Land and other leases as approved by the City Council.

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 section 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 on first reading this the 15th day of July, 2003.
PASSED AND ADOPTED on second reading this the 5th day of August, 2003.

25. Receive City Manager's Reports and Correspondence:

City Manager Gordon Pierce presented reports and correspondence to the Council.

a.) State Highway 34 Widening at Creekside Drive.
b.) TML Annual Conference - San Antonio, Texas November 19-22, 2003.
c.) NLC 80th Congress of Cities and Exposition.
d.) Public Hearing Regarding Charter Amendments - Thursday, August 21, 2003 - 7:00 p.m.
Council scheduled a Town Hall Meeting for August 28, 2003 at 7:00 p.m. at Burnett Elementary. The Public Hearing for Charter Amendments is scheduled for September 2, 2003.

26. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local Government Code to Discuss the Following:
e.) Section 551.071 - Contemplated Litigation - Discuss Legal Matters with City Attorney.
f.) Section 551.071 - Pending Litigation - Case No. 02-34508-HCA-11.
g.) Section 551.072 - Negotiate Sale of Real Property.
h.) Section 551.074 - Personnel Matters - City Manager Evaluation.

Council adjourned into Executive Session.

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

There was no action taken in Executive Session.

28. 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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