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REGULAR CITY COUNCIL MEETING

JANUARY 20, 2004

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, January 20, 2004 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 Regular City Council Meeting Minutes of January 6, 2004.

Councilmember Debra Kelley made a motion to approve the Regular City Council Meeting Minutes of January 6, 2004. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING

4.
a.) Conduct a Public Hearing to receive Public Comment on a Request for a Zone Change at Property Described as 6.438 Acres of the L.H. Adams Survey A-7 on the Southwest Corner of Griffith and Lovers Lane from the Current Zoning of Agriculture (A) to Single-Family (1F2).

Mayor Frances Anderson opened a Public Hearing to receive Public Comment on a Request for a Zone Change at Property Described as 6.438 Acres of the L.H. Adams Survey A-7 on the Southwest Corner of Griffith and Lovers Lane from the Current Zoning of Agriculture (A) to Single-Family (1F2). City Manager Gordon Pierce gave opening comments. One person spoke for the zone change. No one spoke against the zone change. 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. 2212 - Zone Change at Property Described as 6.438 Acres of the L.H. Adams Survey A-7 on the Southwest Corner of Griffith and Lovers Lane from the Current Zoning of Agriculture (A) to Single-Family (1F2).

c.) Mayor Pro tem Rick Carmona made a motion to approve Ordinance No. 2212 - Zone Change at Property Described as 6.438 Acres of the L.H. Adams Survey A-7 on the Southwest Corner of Griffith and Lovers Lane from the Current Zoning of Agriculture (A) to Single-Family (1F2) on first reading. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2212

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM AGRICULTURE (A) TO SINGLE-FAMILY (1F2) AT PROPERTY DESCRIBED AS 6.438 ACRES OF THE L.H. ADAMS SURVEY A-7 ON THE SOUTHWEST CORNER OF GRIFFITH AND LOVERS LANE OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

5.
d.) Conduct a Public Hearing Regarding Land Use Assumptions and Capital Improvement Plans to be Utilized in the Development of Impact Fees.

Mayor Frances Anderson opened a Public Hearing Regarding Land Use Assumptions and Capital Improvement Plans to be Utilized in the Development of Impact Fees. City Manager Gordon Pierce gave opening comments. Dan Sefko, Thomas Haster and David Bosky gave the Council an overview regarding Land Use Assumptions and Capital Improvement Plans to be utilized in the development of Impact Fees. One person spoke for the Land Use Assumptions and Capital Improvement Plans to be utilized in the Development of Impact Fees. No one spoke against Land Use Assumptions and Capital Improvement Plans to be utilized in the development of Impact Fees. Councilmember Floyd Trammel made a motion to close the public hearing. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

e.) Consider Approval of Resolution No. 477 - Regarding Land Use Assumptions and Capital Improvement Plans to be utilized in the Development of Impact Fees.

Councilmember Floyd Trammell made a motion to approve Resolution No. 477 - Regarding Land Use Assumptions and Capital Improvement Plans to be utilized in the Development of Impact Fees. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 477

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, ADOPTING LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENTS PROGRAMS FOR ROAD, WATER, AND WASTEWATER IMPACT FEES.

WHEREAS, the City of Terrell, Texas, has embarked upon a program for adoption of impact fees for roadway, water and wastewater facilities pursuant to Chapter 395, Texas Local Government Code; and,

WHEREAS, the City has commissioned planning, engineering, and legal consultants to assist the City in the preparation of land use assumptions, capital improvements plans and impact fees for each of those types of facilities as required for adoption of the impact fee program; and,

WHEREAS, the City has appointed a Capital Improvements Advisory Committee to advise the City Council concerning the preparation of land use assumptions and capital improvements plans; and,

WHEREAS, growth projections for the City have been prepared in the form of land use assumptions, including designation of service areas within which impact fees will be charged for roadway, water and wastewater facilities; and,

WHEREAS, capital improvements plans for each type of facility have been prepared in accordance with Chapter 395, Texas Local Government Code, that delineate each facility, together with the cost of such facility that is attributable to new development within a ten-year planning horizon; and,

WHEREAS, the capital improvements plans also contain land use equivalency tables, enabling the City to charge impact fees for different types of development; and,

WHEREAS, the Capital Improvements Advisory Committee reviewed the land use assumptions and capital improvements plans for water, wastewater and roadway facilities at a public meeting on December 22, 2003; and,

WHEREAS, the Advisory Committee has delivered to the City Council in writing its comments on the land use assumptions and capital improvements plans;

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

SECTION 1: The document entitled Land Use Assumptions for Impact Fees, prepared by Dunkin, Sefko, & Associates, Inc., and including the growth projections and delineation of service areas contained therein for roadway, water and wastewater facilities, is hereby approved in the form attached hereto as Exhibit A.

SECTION 2: The document entitled Development of Water, Wastewater and Roadway Impact Fees for the City of Terrell, prepared by Freese & Nichols, Inc., and including the land use equivalency tables contained therein, is hereby approved in the form attached hereto as Exhibit B.

Passed and Approved this 20th day of January, 2004.

NEW BUSINESS

6. Consider Setting a Date for a Public Hearing Regarding Adoption of Impact Fees on New Development.

City Manager Gordon Pierce presented to Council for consideration Setting a Date for a Public Hearing Regarding Adoption of Impact Fees on New Development. Councilmember Floyd Trammell made a motion to set the Public Hearing Regarding Adoption of Impact Fees on New Development for March 16th, 2004. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

7. Consider Approval of Change Order No. 1 to the Agreement with Dual Construction.

Stan Ballard, City Engineer presented to Council for consideration Approval of Change Order No. 1 to the Agreement with Dual Construction. Mayor Pro tem Rick Carmona made a motion to approve Change Order No. 1 to the Agreement with Dual Construction in the amount of $40,486.15. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

8. Consider Approval of Ordinance No. 2213 - Authorizing the Installation of Stop Signs.

Stan Ballard, City Engineer presented to Council for consideration Ordinance No. 2213 - Authorizing the Installation of Stop Signs. Councilmember Debra Kelley made a motion to approve Ordinance No. 2213 - Authorizing the Installation of Stop Signs. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2213

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AUTHORIZING THE INSTALLATION AND MAINTENANCE OF REGULATORY TRAFFIC CONTROL SIGNAGE AT THE INTERSECTIONS OF FORREST CREEK LANE WITH REDWOOD LANE AND WITH YOSEMITE LANE WITHIN SAID JURISDICTION, PROVIDING FOR ENFORCEMENT, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR PUBLICATION, AND ESTABLISHING AN EFFECTIVE DATE.

9. Discuss and Consider Pavement Condition Survey.

Steve Rogers, Director of Public Works presented to Council for discussion and consideration Pavement Condition Survey. Councilmember Debra Kelley made a motion to approve Pavement Condition Survey in an amount not to exceed $23,765.00. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

10. Discuss and Consider City Logo for Terrell Police Services.

Todd Miller, Chief of Police presented to Council for discussion and consideration City Logo for Terrell Police Services. Mayor Pro tem Rick Carmona made a motion to authorize $9,268.00 for the graphics design and $5,300.00 to set up equipment in the Supervisor's vehicle. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

11. Discuss and Consider Approval of Ordinance No. 2214 - Budget Amendment.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2214 - Budget Amendment. Mayor Pro tem Rick Carmona made a motion to approve Ordinance No. 2214 - Budget Amendment on first reading. The motion was seconded by Councilmember Floyd Trammell. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2214

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 IN CERTAIN ACCOUNTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

12. Discuss and Consider Setting Date, Time and Location for City Council Spring Retreat.

This item is to be carried over to the February 3, 2004 Council Meeting.

13. Hear Remarks from Visitors.

None were made.

CONSENT AGENDA

Councilmember Floyd Trammell made a motion to adopt Ordinance No. 2209 and Ordinance No. 2210 on CONSENT AGENDA. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes -none. Motion carried.

14. Discuss and Consider Adoption on Second Reading of Ordinance No. 2209 - Fire and Police Classification.

ORDINANCE NO. 2209

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AMENDING CHAPTER 9, SECTION 9-9. CIVIL SERVICE CLASSIFICATION PLAN; (a) CLASSIFICATION OF FIRE FIGHTERS AND (b) CLASSIFICATION OF POLICE OFFICERS, (1) POSITIONS APPOINTED BY THE CHIEF OF POLICE AND FIRE CHIEF; (2) POLICE OFFICER CLASSIFICATION; OF THE REVISED CODE OF ORDINANCES OF THE CITY OF TERRELL, TEXAS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.

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

ARTICLE I.

THAT, Chapter 9, Section 9-9. (a) Classification of Fire Fighters and (b) Classification of Police Officers, (1) Positions appointed by Chief of Police (2) Police Officer Classifications in the Police Department of the Revised Code of Ordinances of the City of Terrell, Texas, be and is hereby amended to read as follows:

SECTION 9-9(a). CLASSIFICATION OF FIRE FIGHTERS

Fire Fighters of the City of Terrell Fire Department are classified as follows, and the numbers of positions of each classification thereof are as follows, with the salary per position as stated adjacent to each classification:

SECTION 9-9 (a) (1) Positions appointed by fire chief
BASE NUMBER OF MONTHLY
CLASSIFICATION POSITIONS SALARY

Fire Marshal 1 $3220.00

BASE NUMBER OF MONTHLY
CLASSIFICATION POSITIONS SALARY

Lieutenant 3 $3,067.00

Driver-Engineer 6 $2,764.00

Fire Fighter 9 $2,710.00

SECTION 9-9 (b)(1) Positions appointed by chief of police

BASE NUMBER OF MONTHLY
CLASSIFICATION POSITIONS SALARY

Assistant Chief of Police 1 $4,180.00

SECTION 9-9(b)(2) Police Officer Classifications

Police Officers of the City of Terrell Police Department are classified as follows and the numbers of positions of each classification thereof are as follows, with the salary per position as stated adjacent to each classification.
BASE
NUMBER OF MONTHLY
CLASSIFICATION POSITIONS SALARY
Lieutenant 2 $3,220.00

Sergeant 5 $3,067.00

Corporal 6 $2,929.00

Patrol Officer/Cadet 21 $2,790.00/2,765.00

Each police officer as classified herein has civil service protection. A classified position may be filled only from an eligibility list that results from an examination held in accordance with Chapter 143 of the Texas Local Government Code.

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 6th DAY OF JANUARY, 2004.
PASSED AND ADOPTED THIS 20TH DAY OF JANUARY, 2004.

15. Discuss and Consider Adoption on Second Reading Ordinance No. 2210 - Budget Amendment.

ORDINANCE NO. 2210

SECTION I.

The following fund is amended to reflect the following increase and decrease in the budget:

GENERAL FUND
REVENUES
BUDGETED AMOUNT AMENDED

010-00-3807 Lease - ETMC $-0- $4,000.00 $4,000.00

GENERAL FUND
EXPENDITURES
BUDGETED AMOUNT AMENDED

010-22-4440 Contract Labor $-0- $5,169.00 $5,169.00
010-33-4419 Training & Publication $3,000.00 $4,000.00 $7,000.00

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 6th day of January, 2004.
Passed and Adopted on this the 20th day of January, 2004.

END OF CONSENT AGENDA

16. Receive City Manager's Reports and Correspondence

City Manager Gordon Pierce presented Reports and Correspondence to the Council.

f.) Texas Municipal League Calendar of Events.
g.) Special City Council Meeting and Workshop - January 22, 2004 at 6:00 p.m.
h.) Special City Council Joint Meeting with Planning and Zoning Commission - February 19, 2004 at 6:00 p.m.

17. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local
Government Code to Discuss the Following:
i.) Section 551.071 - Contemplated Litigation; Cause No. 303 OV8083G.
j.) Section 551.071 - Pending Litigation; Cause No. 3:03 CV 0147H.
k.) Section 551.072 - Negotiation of Real Property.

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

There was no action taken in Executive Session.

19. 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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