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REGULAR CITY COUNCIL MEETING

June 1 , 2004

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, June 1, 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 JACK JONES
COUNCILMEMBER #5 RICK CARMONA

1. Call to order.

Mayor Frances Anderson called the meeting to order.

2. Invocation.

Councilmember Jack Jones gave the opening prayer.

3. Employee Retirement Recognition.

Mayor Frances Anderson presented Willie Cobb a retirement plaque recognizing his years of service to the City.

4. Consider Approval of Regular City Council Meeting Minutes of May 18, 2004.

Councilmember Tommy Spencer made a motion to approve the Regular City Council Meeting Minutes of May 18, 2004. The motion was seconded by Councilmember Debra Kelley. Ayes - all; Nayes - none. Motion carried.

NEW BUSINESS

5. Consider Selection of Mayor Pro tem.

Councilmember Debra Kelley made a motion to re-appoint Rick Carmona as Mayor Pro tem. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

6. Consider Selection of Deputy Mayor Pro tem.

Mayor Pro tem Rick Carmona made a motion to appoint Debra Kelley as Deputy Mayor Pro tem. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

7. Receive and Consider Report from Kaufman County Solid Waste Management Cooperative, Inc.

Charlotte Gilmore representing Kaufman County Solid Waste Management Cooperative, Inc. presented to Council for consideration a Report from Kaufman County Solid Waste Management Cooperative, Inc. There was no action taken on this item.

8. Discuss and Consider Approval of Resolution No. 483 - Authorizing the Filing of a Project Application with North Central Texas Council of Governments for a Regional Solid Waste Program Local Project.

Mayor Pro tem Rick Carmona made a motion to approve Resolution No. 483 - Authorizing the Filing of a Project Application with North Central Texas Council of Governments for a Regional Solid Waste Program Local Project. The motion was seconded by Deputy Mayor Pro tem Debra Kelley. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 483

A RESOLUTION OF THE CITY OF TERRELL AUTHORIZING THE FILING OF A PROJECT APPLICATION WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A REGIONAL SOLID WASTE PROGRAM LOCAL PROJECT; AUTHORIZING CHARLOTTE GILMORE AS EXECUTIVE DIRECTOR OF THE KAUFMAN COUNTY SOLID WASTE MANAGEMENT COOPERATIVE, INC. TO ACT ON BEHALF OF THE CITY OF TERRELL IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF A PROJECT IS RECEIVED, THE CITY OF TERRELL WILL COMPLY WITH THE PROJECT REQUIREMENTS OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS.

WHEREAS, the North Central Texas Council of Governments is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for implementation of North Central Texas Council of Governments adopted regional solid waste management plan: and

WHEREAS, the City of Terrell in the State of Texas is qualified to apply for project funds under the Request for Projects.

NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Terrell, Texas;

1. That Charlotte Gilmore, Executive Director of the Kaufman County Solid Waste Management Cooperative, Inc. is authorized to request project funding under the North Texas Council of Governments Request for Projects of the Regional Solid Waste Local Project Funding Program and act on behalf of The City of Terrell in all matters related to the project application and any subsequent project contract and project agreement that may result.

2. That if the project is funded, the City of Terrell will comply with the project requirements of the North Central Texas Council of Governments, Texas Commission on Environmental Quality and the State of Texas.

3. The project funds and any project-funded equipment or facilities will be used only for the purposes for which they are intended under the project.

4. The activities will comply with and support the adopted regional and local solid waste management plans adopted for the geographical area in which the activities are performed.

Passed and approved this the 1st day of June, 2004.

9. Consider Approval of Work Authorization No. 8 - Amending the Agreement with Schaumburg & Polk, Inc. by Adding Engineering Services Related to Texas Community Development Project Grant-Funded Repair of Kings Creek Outfall Sewer.

Stan Ballard, City Engineer presented to Council for consideration Work Authorization No. 8 - Amending the Agreement with Schaumburg & Polk, Inc. by Adding Engineering Services Related to Texas Community Development Project Grant-Funded Repair of Kings Creek Outfall Sewer. Deputy Mayor Pro tem Debra Kelley made a motion to approve Work Authorization No. 8 - Amending the Agreement with Schaumburg & Polk, Inc. by Adding Engineering Services Related to Texas Community Development Project Grant-Funded Repair of Kings Creek Outfall Sewer in an amount not to exceed $42,050.00. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

10. Consider Approval of an Agreement with Freese & Nichols, Inc. Regarding Engineering and Special Services for Water System Improvements (Project No. 04-06).

Stan Ballard, City Engineer and Thomas Haster representing Freese & Nichols, Inc. presented to Council for consideration an Agreement with Freese & Nichols, Inc. Regarding Engineering and Special Services for Water System Improvements (Project No. 04-06). Mayor Pro tem Rick Carmona made a motion to approve Project No. 04-06 in an amount not to exceed $1,337,700. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

11. Discuss and Consider Hours of Operation at Breezy Hill Park.

Steve Rogers, Director of Public Works presented to Council for discussion and consideration Hours of Operation at Breezy Hill Park. Mayor Pro tem Rick Carmona made a motion to adopt hours of operation of Breezy Hill Park to being closed from dusk to dawn. The motion was seconded Deputy Mayor Pro tem Debra Kelley. Ayes - all; Nayes - none. Motion carried.

12. Discuss and Consider Approval of Resolution No. 484 - Designating Persons Authorized to Request and Sign for Funds Under the City's Texas Community Development Program Project.

Gordon Pierce, City Manager presented to Council for discussion and consideration Resolution No. 484 - Designating Persons Authorized to Request and Sign for Funds Under the City's Texas Community Development Program Project. Councilmember Tommy Spencer made a motion to approve Resolution No. 484 - Designating Persons Authorizing to Request and Sign for Funds Under the City's Texas Community Development Program Project. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 484

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, DESIGNATING PERSONS AUTHORIZED TO REQUEST AND SIGN FOR FUNDS UNDER THE CITY'S TEXAS COMMUNITY DEVELOPMENT PROGRAM PROJECT.

WHEREAS, the City Council of the City of Terrell must designate persons authorized to sign on behalf of the City for funds available through 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 the following persons are hereby approved and designated as the authorized signatories for the City's participation in the Texas Community Development Program:

(1.) Gordon C. Pierce, City Manager - State Purchase Voucher
(2.) John Rounsavall, City Secretary - Requests for Advancement & Reimbursements

PASSED AND APPROVED this the 1st day of June, 2004.

13. Discuss and Consider Appointments to the Terrell Municipal Airport Board.

Gordon Pierce, City Manager presented to Council for discussion and consideration Appointments to the Terrell Municipal Airport Board. Councilmember Tommy Spencer made a motion to re-appoint Dennis Yarborough, Roy Poinsett, Alene Esposito and Norman Huneycutt to the Airport Board. The motion was seconded by Deputy Mayor Pro tem Debra Kelley. Ayes - all; Nayes - none. Motion carried. Mayor Pro tem Rick Carmona - not available for vote.

14. Discuss and Consider Appointments to the Civil Service Commission.

Gordon Pierce, City Manager presented to Council for discussion and consideration Appointments to the Civil Service Commission. City Manager Gordon Pierce recommended Jimmy Chitty be re-appointed to the Civil Service Commission. Councilmember Jack Jones made a motion to re-appoint Jimmy Chitty to the Civil Service Commission. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried. Mayor Pro tem Rick Carmona - not available for vote.

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

Gordon Pierce, City Manager presented to Council for discussion and consideration Appointments to the Planning and Zoning Commission. Councilmember Tommy Spencer made a motion to table Appointments to the Planning and Zoning Commission. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried. Mayor Pro tem Rick Carmona - not available for vote.

16. Discuss and Consider Appointments to the Terrell Public Library Board.

Gordon Pierce, City Manager presented to Council for discussion and consideration Appointments to the Terrell Public Library Board. Deputy Mayor Pro tem Debra Kelley made a motion to re-appoint Riter Hulsey and Jim McGinty and appoint Michael Landon to the Terrell Public Library Board. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried. Mayor Pro tem Rick Carmona - not available for vote.

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

Gordon Pierce, City Manager presented to Council for discussion and consideration Appointments to the Terrell Tourism Board. Councilmember Tommy Spencer made a motion to re-appoint Barbara Willie, David Mallard and Janice Marie-Yates to the Terrell Tourism Board. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried. Mayor Pro tem Rick Carmona - not available for vote.

18. Discuss and Consider 2004-2005 Budget Allocations for the Terrell Tourism Board.

Gordon Pierce, City Manager presented to Council for discussion and consideration 2004-2005 Budget Allocations for the Terrell Tourism Board. Councilmember Jack Jones made a motion to approve 2004-2005 Budget Allocations for the Terrell Tourism Board in the amount of $176,200.00. The motion was seconded by Deputy Mayor Pro tem Debra Kelley. Ayes - all; Nayes - none. Motion carried. Mayor Pro tem Rick Carmona - not available for vote.

19. Discuss and Consider Setting Date, Time and Location for Budget Workshop.

City Council agreed by consensus to meet on July 6th, 2004 and the next meeting will be August 3, 2004. Retreat schedule not yet determined.

20. Hear Remarks from Visitors.

Mrs. Jones - 1112 S. Rockwall spoke to Council regarding the condition of high weeds and grass, junk and debris in easements located behind her home.

Josephine Jones spoke to Council and presented Council with a list of concerns based on personal observations regarding activity on South Rockwall Street.

CONSENT AGENDA

21. Discuss and Consider Adoption on Second Reading Ordinance No. 2225 - Changing the Zoning at Property Described as Lot 11, Block 733, Terrell Revised from the Current Zoning of Agriculture (A) to Single-Family (1F-2).

Mayor Pro tem Rick Carmona made a motion to Adopt on Second Reading Ordinance No. 2225 - Changing the Zoning at Property Described as Lot 11, block 733, Terrell Revised from the Current Zoning of Agriculture (A) to Single-Family (1F-2). The motion was seconded by Deputy Mayor Pro tem Debra Kelley. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2225

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM AGRICULTURE (A) TO SINGLE FAMILY (1 F-2) AT PROPERTY DESCRIBED AS TERRELL REVISED, LOT 11, BLOCK 733 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 April 26, 2004 on a request to change the zoning from Agriculture (A) to Single Family (1 F-2) at property described as Terrell Revised, Lot 11, Block 733; and recommended approval of 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, May 18, 2004, on a request to change the zoning from Agriculture (A) to Single Family (1 F-2) at property described as Terrell Revised, Lot 11, Block 733; 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 (1 F-2) at property described as Terrell Revised, Lot 11, Block 733.

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 Terrell Revised, Lot 11, Block 733 from the current zoning of Agriculture (A) to Single Family (1 F-2).

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 18th day of May, 2004.
PASSED AND ADOPTED this the 1st day of June, 2004.

22. Discuss and Consider Approval for Resale of Property Described As:
a.) Lot 6, Block 9, Nelson Addition.
b.) North ½ of Lot 2, Block 89, Moore & Nash Addition.
c.) Lots 3A & 4A, Block 122, Western Addition.
d.) Lot 15, Block 2, Dewberry Addition.
e.) Lot 2A, Block 26, Terrell Original Addition.
f.) Lots 23 & 24, Block 3, Phagan Addition.

Gordon Pierce, City Manager presented to Council for discussion and consideration Resale of Property Described as:
a.) Lot 6, Block 9, Nelson Addition.
b.) North ½ of Lot 2, Block 89, Moore & Nash Addition.
c.) Lots 3A & 4A, Block 122, Western Addition.
d.) Lot 15, Block 2, Dewberry Addition.
e.) Lot 2A, Block 26, Terrell Original Addition.
f.) Lots 23 & 24, Block 3, Phagan Addition.

Councilmember Jack Jones made a motion to approve Resale of Property contingent upon staff review and contact with the purchasers to make sure the lots meet the requirements to be built upon. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

END OF CONSENT AGENDA

23. Receive City Manager's Reports and Correspondence:
g.) City Sales and Use Tax Report.

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

24. Adjourn into Executive Session in Accordance with Section 551 of the Texas Government Code to Discuss the Following:
h.) Section 551.074 - Personnel Matters - Municipal Development Director and City Engineer.
i.) Section 551.071 - Cause No. 3:04CV437P.
j.) Section 551.072 - Deliberations about Real Property.

Council adjourned into Executive Session.

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

There was no action taken in Executive Session.

26. 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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