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REGULAR CITY COUNCIL MEETING

June 15 , 2004

7:00 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, June 15, 2004 in the City Council Chambers at 7:00 p.m. with the following members present:

COUNCILMEMBER #1 FRANCES ANDERSON
COUNCILMEMBER #2 ABSENT (Excused by Council)
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 a retirement plaque to Stan Ballard, Jr. and flowers to Sue Ballard in recognition of service to the City of Terrell.

4. Consider Approval of Special City Council Meeting and Joint Workshop Minutes of June 1, 2004 and Regular City Council Meeting Minutes of June 1, 2004.

Mayor Pro tem Rick Carmona made a motion to approve the Special City Council Meeting and Joint Workshop Minutes of June 1, 2004 and Regular City Council Meeting Minutes of June 1, 2004. The motion was seconded by Deputy Mayor Pro tem Debra Kelley. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING

5.
a.) Conduct a Public Hearing to Receive Comment Regarding Housing Department Annual Plan for Fiscal Year 2004.

Mayor Frances Anderson opened a Public Hearing to Receive Comment Regarding Housing Department Annual Plan for Fiscal Year 2004. City Manager Gordon Pierce and Debbie Zajac, Housing Director presented opening comments to Council. No one spoke for or against the Housing Department Annual Plan for Fiscal Year 2004. Deputy Mayor Pro tem Debra Kelley made a motion to close the public hearing. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

b.) Discuss and Consider Approval of Resolution No. 486 - Approving Submission of Housing Department Annual Plan for Fiscal Year 2004.

Mayor Pro tem Rick Carmona made a motion to approve Resolution No. 486 - Approving Submission of Housing Department Annual Plan for Fiscal Year 2004. The motion was seconded by Councilmember Jack Jones. Ayes - Rick Carmona, Jack Jones, Frances Anderson. Nayes - none. Deputy Mayor Pro tem Debra Kelley abstained from vote. Motion carried.

RESOLUTION NO. 486

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, APPROVING THE SUBMISSION OF THE TERRELL HOUSING DEPARTMENT ANNUAL PLAN FOR FISCAL YEAR 2004.

WHEREAS, Section 511 of the Quality Housing and Work Responsibility Act of 1998 (QHWRA) created the public housing agency plans - a 5 year plan and an annual plan.

WHEREAS, the 5-year plan was submitted for FY 2000, and this year the Terrell Housing Department is submitting an Annual Plan for Year 5.

WHEREAS, the 5-year plan describes the mission of the agency and the agency's long range goals and objectives for achieving its mission over the subsequent 5 years.

WHEREAS, the annual plan provides details about the agency's immediate operations, program participants, programs and services,

WHEREAS, notice was published and the Plans have been on display at the Terrell Housing Department Offices at 115 N. Adelaide, Suite 305, Terrell, TX, 75160. The Plans will remain on display and serve as a resource library for the community, while eliminating the need for extensive submissions to HUD.

BE IT RESOLVED, that the City Council of the City of Terrell, Texas, (acting as the Board of Commissioners for the Section 8 Rental Assistance Program) hereby approves for submission the attached PHA Certifications of Compliance and Board Resolution.

APPROVED THIS 15th day of June, 2004.

NEW BUSINESS

6. Discuss and Consider Approval of Resolution No. 487 - Approving an Administrative Plan for the City of Terrell Housing Department.

City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 487 - Approving an Administrative Plan for the City of Terrell Housing Department. Deputy Mayor Pro tem Debra Kelley made a motion to approve Resolution No. 487 - Approving an Administrative Plan for the City of Terrell Housing Department. The motion was seconded by Councilmember Jack Jones. Ayes - Debra Kelley, Rick Carmona, Jack Jones; Nayes - none. Mayor Frances Anderson abstained from vote.

RESOLUTION NO. 487

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, APPROVING THE ADMINISTRATIVE PLAN FOR THE TERRELL HOUSING AGENCY.

WHEREAS, the purpose of the Administrative Plan is to establish policies for carrying out the Housing Choice Voucher Program in a manner consistent with HUD regulations and local goals and objectives contained in the Agency Plan.

WHEREAS, the Terrell Housing Agency is responsible for complying with all changes in HUD regulations pertaining to the program.

WHEREAS, the Terrell Housing Agency will revise the Administrative Plan as needed to comply with changes in HUD regulations.

BE IT RESOLVED, that the City Council of the City of Terrell, Texas, (acting as the Board of Commissioners for the Section 8 Housing Choice Voucher Program) hereby approves the attached summary of changes to the existing Administrative Plan.

APPROVED THIS 15th day of June, 2004.

7. Discuss and Consider a Recommendation by the Planning and Zoning Commission for a Final Plat of Longspur Estates.

City Manager Gordon Pierce presented to Council for discussion and consideration a Recommendation by the Planning and Zoning Commission for a Final Plat of Longspur Estates. Deputy Mayor Pro tem Debra Kelley made a motion to approve a Recommendation by the Planning and Zoning Commission for a Final Plat of Longspur Estates. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes -none. Motion carried.

8. Discuss and Consider a Specific Use Permit Request by Tenco Properties, Inc.

City Manager Gordon Pierce and Tom Norton representing Tenco Properties, Inc. presented to Council for discussion and consideration a Specific Use Permit by Tenco Properties, Inc. Councilmember Jack Jones made a motion to approve a Specific Use Permit Request by Tenco Properties, Inc. to sell select fill material for specific projects until October 8, 2006. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

9. Discuss and Consider Tourism Fund Allocations to Terrell Alliance for Education and the Arts.

City Manager Gordon Pierce and Mike Chitty representing Terrell Alliance for Education and the Arts presented to Council for discussion and consideration Tourism Fund Allocations to Terrell Alliance for Education and the Arts. Mayor Pro tem Rick Carmona made a motion to approve Tourism Fund Allocation in the amount of $5,000 and allow transfer of funds. The motion was seconded by Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

10. Discuss and Consider Approval of Resolution No. 485 - Policy Regarding Subleasing of City of Terrell Property.

City Manager Gordon Pierce and City Attorney Mary Gayle Ramsey presented to Council for discussion and consideration Resolution No. 485 - Policy Regarding Subleasing of City of Terrell Property. Mayor Pro tem Rick Carmona made a motion to approve Resolution No. 485 - Policy Regarding Subleasing of City of Terrell Property with change in second paragraph, deleting "enact and" and "charitable or religious". The motion was seconded by Deputy Mayor Pro tem Debra Kelley. Ayes - all; Nayes -none. Motion carried.

RESOLUTION NO. 485

A RESOLUTION OF THE CITY OF TERRELL, TEXAS, REITERATING AND CONFIRMING THE POLICY OF THE CITY OF TERRELL CONCERNING THE USE OF PROPERTY OWNED BY THE CITY OF TERRELL.

WHEREAS, the City of Terrell is the owner of certain property that is available for lease or use by the citizens of the city; and

WHEREAS, the City Council wishes to reiterate the official policy of the City of Terrell regarding the use of property which is leased to third parties or made available to the public for voluntary activities;

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

Section 1. That in light of apparent confusion on the part of the general public and some City employees, we, the City Council of the City of Terrell, reiterate and confirm that it is the official policy of the City of Terrell to allow premises that it owns which are leased to third parties or which are made available to the public for voluntary activities to allow any and all persons lawfully on said premises to engage in constitutionally protected speech and activities in a lawful manner without regard to its content or viewpoint on an equal basis with no preference being given to one person's or group's activities or viewpoint over another.

Passed and approved this the 15th day of June, 2004.

11. Discuss and Consider Approval of Ordinance No. 2226 - Amending Chapter 7: Health and Sanitation, Deleting Section 6: Policy for Operation of Sanitary Landfill.

City Manager Gordon Pierce and Steve Rogers, Director of Public Works presented to Council for discussion and consideration Ordinance No. 2226 - Amending Chapter 7: Health and Sanitation, Deleting Section 6: Policy for Operation of Sanitary Landfill. Councilmember Jack Jones made a motion to approve Ordinance No. 2226 - Amending Chapter 7: Health and Sanitation, Deleting Section 6: Policy for Operation of Sanitary Landfill on first reading. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2226

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS AMENDING CHAPTER 7: HEALTH & SANITATION, DELETING SECTION 6: POLICY FOR OPERATION OF SANITARY LANDFILL 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.

12. Discuss and Consider Approval of Ordinance No. 2227 - Amending Chapter 2: Administration, Section 5: Terrell Park Board.

Steve Rogers, Director of Public Works presented to Council for discussion and consideration Ordinance No. 2227 - Amending Chapter 2: Administration, Section 5: Terrell Park Board. Deputy Mayor Pro tem Debra Kelley made a motion to approve Ordinance No. 2227 - Amending Chapter 2: Administration, Section 5: Terrell Park Board on first reading. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2227

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS AMENDING CHAPTER 2: ADMINISTRATION, SECTION 5: TERRELL PARK BOARD 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.

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

Mayor Pro tem Rick Carmona made a motion to re-appoint Don Thurman and Daniel Rangel to the Planning and Zoning Commission. The motion was seconded by Deputy Mayor Pro tem Debra Kelley. Ayes - all; Nayes - none. Motion carried.

14. Discuss and Consider Appointments to the Terrell Historic Preservation Commission.

Councilmember Jack Jones made a motion to re-appoint Frank Roberts and appoint Dale Martin to the Terrell Historic Preservation Commission. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

15. Discuss and Consider August Budget Workshop Dates and Location.

City Manager Gordon Pierce presented to Council for discussion and consideration August Budget Workshop Dates and Location. Council by consensus agreed to meet at White Bluffs on August 12-13, 2004. Lunch will be at 12:00 p.m. and the meeting will begin at 1:00 p.m.

16. Discuss and Consider City Council Meeting Times.

Jack Jones made a motion to table City Council Meeting Times to August 12-13, 2004 Retreat. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

17. Discuss and Consider Setting City Council Monthly Workshops.

Jack Jones made a motion to table City Council Monthly Workshops to August 12-13, 2004 Retreat. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

18. Discuss and Consider Establishing a Capital Needs Study Committee.

Jack Jones made a motion to table Establishing a Capital Needs Study Committee to August 12-13, 2004 Retreat. The motion was seconded by Mayor Pro tem Rick Carmona. Ayes - all; Nayes - none. Motion carried.

19. Hear Remarks from Visitors.

Sammy Turner - 407 Town North Drive - congratulated Mayor and Jack Jones on the election and thanked the City Council and City Manager for the great jobs they are doing.

Josephine Jones - 1114 South Rockwall - thanked the Council and requested Council consider a neighborhood curfew after 10 p.m. in the Breezy Hill area. Ms. Jones also discussed dog fighting in the Mineral Wells area.

Mrs. Zephyr Jones - 1112 S. Rockwall - thanked the Council for the job they are doing.

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.

END OF CONSENT AGENDA

20. Receive City Manager's Reports and Correspondence -TML/AMCC Orientation.

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

21. Adjourn into Executive Session in Accordance with Section 551 of the Texas Government Code to Discuss Section 551.071 - Pending Litigation - Cause No. 65057-422.

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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