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REGULAR CITY COUNCIL MEETING

FEBRUARY 3, 2004

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, February 3, 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 ABSENT
COUNCILMEMBER #5 RICK CARMONA

1. Call to order.

Mayor Frances Anderson called the meeting to order.

2. Invocation.

Reverend Chuck Schorlemmer gave the opening prayer.

3. Employee Retirement Recognition.

Mayor Pro tem Rick Carmona presented Keith Jacobs a retirement plaque for service with the City of Terrell.

Mayor Frances Anderson presented Edna Berndt a retirement plaque for service with the City of Terrell.

4. Consider Approval of Regular City Council Meeting Minutes of January 20, 2004.

Councilmember Debra Kelley made a motion to approve the Regular City Council Meeting Minutes of January 20, 2004. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

5. Discuss and Consider Approval of Resolution No. 478 - Approving and Authorizing the Submission of an Application for Funding Through the Texas Office of Rural Community Affairs for the Housing Infrastructure Fund; Authorizing the Mayor to Act as the City's Executive Officer and Authorized Representative in All Matters Pertaining to the City's Participation in the Community Development Program.

City Manager Gordon Pierce and Tim Glendening representing Glendening & Associates, Inc. presented to Council for discussion and consideration Resolution No. 478 - Approving and Authorizing the Submission of an Application for Funding Through the Texas Office of Rural Community Affairs for the Housing Infrastructure Fund; Authorizing the Mayor to Act as the City's Executive Officer and Authorized Representative in All Matters Pertaining to the City's Participation in the Community Development Program. Councilmember Tommy Spencer made a motion to approve Resolution No. - Approving and Authorizing the Submission of an Application for Funding Through the Texas Office of Rural Community Affairs for the Housing Infrastructure Fund; Authorizing the Mayor to Act as the City's Executive Officer and Authorized Representative in All Matters Pertaining to the City's Participation in the Community Development Program for application in the amount of $283,851.00. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 478

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, APPROVING AND AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR FUNDING THROUGH THE TEXAS OFFICE OF RURAL COMMUNITY AFFAIRS FOR THE HOUSING INFRASTRUCTURE FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM.

WHEREAS, the City Council of the City of Terrell desires to develop decent and affordable housing and a suitable living environment for all residents; and

WHEREAS, it is necessary and in the best interests of the City of Terrell to apply for funding under the Texas Community Development Program.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Terrell, Texas, as follows:

SECTION 1. That a Texas Community Development Program application for the Housing Infrastructure Fund is hereby approved and authorized to be filed on behalf of the City with the Texas Office of Rural Community Affairs.

SECTION 2. That the City's application be for $283,851 to provide necessary water, sewer, streets, drainage and electrical improvements, engineering and administration to support a new housing development.

SECTION 3. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and authorized representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program.

SECTION 4. That if further be stated that the City is waiving water and sanitary sewer tap fees together with building permit and tap fees valued at $10,800 as an in-kind contribution toward the construction activities of this water, sewer, streets, drainage and electrical improvements project.

This resolution is passed and approved on this 3RD day of February 2004.

6. Discuss and Consider Rate Adjustment from I.E.S.I.

City Manager Gordon Pierce and Steve Rogers, Director of Public Works and John Gustafson representing I.E.S.I. presented to Council for discussion and consideration Rate Adjustment from I.E.S.I. Mayor Pro tem Rick Carmona made a motion to approve an increase of 2.19% to residential and commercial solid waste rates. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

7. Discuss and Consider Approval of Gas Line for Project Venus.

Danny Booth representing Terrell Economic Development Corporation presented to Council for discussion and consideration Gas Line for Project Venus. Councilmember Debra Kelley made a motion to approve Gas Line for Project Venus in the amount of $49,480.00 and receive a rebate of $15,215.00 for the difference in the line. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

8. Consider Approval of Work Authorization No. 7 Amending the Agreement of April 2002 with Schaumburg & Polk, Inc., Adding Services Related to Replacing and Re-Routing the Sanitary Sewer Serving June Street.

Stan Ballard, City Engineer presented to Council for discussion and consideration Work Authorization No. 7 Amending the Agreement of April 2002 with Schaumburg & Polk, Inc. Adding Services Related to replacing and Re-Routing the Sanitary Sewer Serving June Street. Mayor Pro tem Rick Carmona made a motion to approve Work Authorization No. 7 Amending the Agreement of April 2002 with Schaumburg & Polk, Inc., Adding Services Related to Replacing and Re-Routing the Sanitary Sewer Serving June Street in the amount of $9,400.00. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

9. Discuss and Consider Approval of Ordinance No. 2215 - Budget Amendment - Wal-Mart Grant Donation to Terrell Police Services, Graphics and Equipment for Terrell Police Services Vehicles and Pavement Condition Survey.

City Manager Gordon Pierce presented to Council for discussion and consideration Ordinance No. 2215 - Budget Amendment - Wal-Mart Grant Donation to Terrell Police Services, Graphics and Equipment for Terrell Police Services Vehicles and Pavement Condition Survey. Mayor Pro tem Rick Carmona made a motion to approve Ordinance No. 2215 - Budget Amendment - Wal-Mart Grant Donation to Terrell Police Services, Graphics and Equipment for Terrell Police Services Vehicles and Pavement Condition Survey. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 2215

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.

10. Discuss and Consider Appointments to the Terrell Park Board.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Terrell Park Board. Councilmember Tommy Spencer made a motion to re-appoint Terry Turner, Rayford Harwell and Robert Lee to the Terrell Park Board. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes -none. Motion carried.

11. Discuss and Consider Appointments to the Zoning Board of Adjustments.

City Manager Gordon Pierce presented to Council for discussion and consideration Appointments to the Zoning Board of Adjustments. Councilmember Debra Kelley made a motion to re-appoint Jack Rymer, Kathy Russell, Herman Furlough, Jr. and Rick Jordan to the Zoning Board of Adjustments. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

12. 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. Mayor Pro tem Rick Carmona made a motion to appoint Bill Sweazea to the Planning and Zoning Commission to replace Don Archer. The motion was seconded by Mayor Frances Anderson. Ayes - all; Nayes - none. Motion carried.

13. Discuss and Consider Setting a Special Meeting at 5:00 p.m. March 2 and March 16, if Necessary to Discuss Impact Fees.

City Manager Gordon Pierce presented to Council for discussion and consideration Setting a Special Meeting at 5:00 p.m. March 2 and March 16, if Necessary to Discuss Impact Fees. Council by consensus set a Special Meeting at 5:00 p.m. March 2 at 5:00 p.m. and on March 16th , if necessary.

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

Council by consensus agreed to set the Date, Time and Location for City Council Spring Retreat on March 25-26, 2004 to begin at 1:00 p.m. at the Hampton Inn in Mesquite, Texas.

15. Hear Remarks from Visitors.

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.

CONSENT AGENDA

All matters listed under Consent Agenda are considered to be routine by the City Council of the City of Terrell and may 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.

Mayor Pro tem Rick Carmona made a motion to adopt Ordinance No. 2212, Ordinance No. 2213 and Ordinance No. 2214 on second reading. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

16. Discuss and Consider Adoption on Second Reading 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).

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.

Be it ordained by the City Council of the City of Terrell, Texas:

ARTICLE I.

WHEREAS, The Planning and Zoning Commission of the City of Terrell held a public hearing on December 22, 2003 on a request to change 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; and recommended approving a zone change on this property; and

WHEREAS, the City Council of the City of Terrell, Texas, following a public hearing and recommendation by the Planning & Zoning Commission, held a public hearing on Tuesday, January 20, 2004, on a request to change 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; 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 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 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.

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

The zoning classification be and is hereby changed at 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).

This zone change 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 form and after its passage and the publication of the caption, as the law in such cases provides.

PASSED AND APPROVED this the 20th day of January, 2004.
PASSED AND ADOPTED this the 3rd day of February, 2004

17. Discuss and Consider Adoption on Second Reading Ordinance No. 2213 - Authorizing the Installation of Stop Signs.

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.

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

ARTICLE I.

THAT in accordance with Chapter 11, Section 36, of the 1986 Revised Code of Ordinances, the installation of STOP signs conforming to the following schedule is hereby authorized and directed:

INTERSECTION APPROACHES TO STOP

FORREST CREEK LN. AND REDWOOD LN. REDWOOD LN.

FORREST CREEK LN. AND YOSEMITE LN. YOSEMITE LN.

ARTICLE II

THAT the STOP sign assigns right-of-way to traffic on certain approaches to an intersection, and drivers or operators of vehicles approaching such signs shall 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 III

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

ARTICLE IV

This ordinance shall 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 20th day of January, 2004.
Passed and Adopted this the 3rd day of February, 2004.

18. Discuss and Consider Adoption on Second Reading Ordinance No. 2214 - Budget Amendment.

ORDINANCE NO. 2214

SECTION I.

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

GENERAL FUND
EXPENDITURES
BUDGETED AMOUNT AMENDED

010-16-4320 Buildings $140,200.00 $28,316.00 $168,516.00

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 20th day of January, 2004.
Passed and Adopted on this the 3rd day of February, 2004.

END OF CONSENT AGENDA

19. Receive City Manager's Reports and Correspondence

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

a.) Correspondence Regarding State Regulations of Political Signs.
b.) Special City Council Joint Meeting with Planning and Zoning Commission - February 19, 2004 at 6:00 p.m.

20. Adjourn into Executive Session in Accordance with Section 551 of the Texas Local
Government Code to Discuss the Following:
c.) Section 551.072 - Negotiation of Real Property.
d.) Section 551.074 - Personnel Matters - Utility Office Reorganization.
e.) Section 551.071 - Pending Litigation - Cause No. 3:03-CV-3083-G

Council adjourned into Executive Session.

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

a.) Mayor Pro tem Rick Carmona made a motion to authorize the City Manager to continue negotiations and execute a lease contract of Medical Center with Kaufman County Health Care, L.L.C. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

b.) No action taken.

c.) No action taken.

22. 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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