Minutes 

CITY COUNCIL MEETING

OCTOBER 7, 1997

7:00 P.M.

1.0 ANNOUNCEMENTS & PUBLIC HEARINGS

A regular meeting of the City Council was held October 7, 1997 at 7:00 p.m., with the following members present:

COUNCILMEMBER #1 DON L. LINDSEY
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 JACK JONES
COUNCILMEMBER #5 ABSENT

1.1 INVOCATION

Mayor Don L. Lindsey called the meeting to order and Councilmember Jack Jones gave the opening prayer.

1.2 PRESENTATION OF THE ARLIE WHITE P.R.I.D.E AWARD

Mayor ProTem Frances Anderson presented Gloria Gipson with the Arlie White P.R.I.D.E. award for the month of October.

2.0 MINUTES

2.1 CONSIDER APPROVAL OF CITY COUNCIL MINUTES OF THE REGULAR MEETING HELD SEPTEMBER 16, 1997

A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Frances Anderson to approve the City Council Meeting Minutes of the regular meeting held September 16, 1997. Ayes all; Nayes none. Motion carried.

3.0 BIDS

3.1 CONSIDER BIDS AND AWARD OF CONTRACT FOR WASTEWATER LABORATORY SERVICES

Utilities Director, Sonny Groessel presented to council the bid tabulation from the Wastewater Laboratory Services Bid. A motion was made by Mayor ProTem Frances Anderson and seconded by Councilmember Jack Jones to accept the low bid of ITS Environmental bid price $13,78.00. Ayes all; Nayes none. Motion carried.

ITS Environmental
TALEM, Inc.
LNS Environmental
ERMI Environmental
ANA-LAB
Lab Location
Richardson,
Texas
Ft. Worth
Texas
Richardson, Texas
Allen, Texas
Kilgore,
Texas
Total Bid Amount

$13,738.00

$15,277.00

$16,115.00

$16,936.00

$23,153.00

4.0 ROUTINE BUSINESS

5.0 OLD BUSINESS

6.0 NEW BUSINESS

6.1 CONSIDER APPROVAL OF ORDINANCE NO. 1894 - ZONE CHANGE FOR PROPERTY LEGALLY DESCRIBED AS SWING AND LAWS SURVEY, ABSTRACT 516, VOLUME 442/89, ALCRIS ESTATES #2 (COLQUITT ROAD AND SHELTON DRIVE)

City Engineer Stan Ballard presented Ordinance No. 1894 to City Council. Discussion: Councilmember James Huffman wanted to know if the remaining 13 acres would remain single family. Stan Ballard explained the City may require a master plan and special requirements for the remaining development. Stan Ballard recommended City Manager be authorized to work with and have the developer present plan. A motion was made by Councilmember Tommy Spencer and seconded by Councilmember James Huffman to table item 6.1. Ayes all; Nayes none. Motion carried.

TABLED: ORDINANCE NO. 1894

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT ON PROPERTY LEGALLY DESCRIBED AS SWING AND LAWS SURVEY, ABSTRACT 517, VOL. 552/89, ALCRIS ESTATES #2, (COLQUITT RD. AND SHELTON DR.), OF THE CITY OF TERRELL, KAUFMAN COUNTY, TEXAS, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

SECTION I.

WHEREAS, the City Council of the City of Terrell, held a public hearing at 7:00 p.m. on Tuesday, September 16, 1997, in the Council Chamber of the City Hall in Terrell, Texas to consider a request for a Specific Use Permit for Planned Development Zoning to locate an assisted care living facility with garden homes for senior citizens, said site being more specifically described as Swing and Laws Survey, Abstract 517, Vol. 552-89, Alcris Estates #2, (Colquitt Rd. And Shelton Dr. ), City of Terrell, Kaufman County, Texas; and

WHEREAS, the City Council has determined the real property is located in a Single Family (1F-2) zoning district; and

WHEREAS, the City Council has determined that it would be in the best interest of the citizens of the City of Terrell to grant the specific use permit subject to certain stipulations.

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

A Specific Use Permit is granted for Planned Development Zoning to an assisted care living facility with garden homes for senior citizens on the property located in the Swing and Laws Survey, Abstract 517, Vol. 552-89, Alcris Estates #2, (Colquitt Rd. And Shelton Dr. ), City of Terrell, Kaufman County, Texas; with the following stipulations:

1. Specific Use Permit to be reviewed for compliance at least annually.

This Specific Use Permit shall take effect immediately from and after its passage and upon said facility complying with all terms and conditions set further herein.

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 in 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 16TH DAY OF SEPTEMBER, 1997.

PASSED AND ADOPTED ON THIS 7TH DAY OF OCTOBER, 1997.

APPROVED:

______________________________________
DON L. LINDSEY, MAYOR

ATTEST:

_____________________________________
BOBBY BISHOP, CITY SECRETARY

APPROVED AS TO FORM:

_________________________________________
MARY GAYLE RAMSEY, CITY ATTORNEY

6.2 CONSIDER APPROVAL OF AIRPORT BOARD APPOINTMENTS

A motion was made by Councilmember Jack Jones and seconded by Councilmember James Huffman to appoint R.B. Hershey to the Airport Board. Ayes all; Nayes none. Motion carried.

6.3 CONSIDER APPROVAL OF RELEASE OF LIEN FOR NATURTECH

Danny Booth spoke on behalf of Naturtech for the release of lien for Naturtech. A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approval release of lien for Naturtech. Ayes all; Nayes none. Motion carried.

6.4 CONSIDER APPROVAL OF CONTRACT WITH THE VOLUNTEER FIRE DEPARTMENT

A motion was made by Councilmember Tommy Spencer and seconded by and seconded by Mayor ProTem Frances Anderson to approve contract with the Volunteer Fire Department. Ayes all; Nayes none. Motion carried.

6.5 CONSIDER APPROVAL OF APPOINTMENT OF DIRECTOR TO APPRAISAL DISTRICT

A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to reappoint Frances Anderson to Director of Appraisal District. Ayes all; Nayes none. Motion carried.

6.6 CONSIDER APPROVAL OF VOTING AND ALTERNATE VOTING DELEGATES FOR THE ANNUAL CONGRESS OF CITIES

A motion was made by Councilmember James Huffman and seconded by Mayor ProTem Frances Anderson to approve the Mayor and Mayor ProTem as voting and alternate voting delegates for the Annual Congress of Cities. Ayes all; Nayes none. Motion carried.

6.7 CONSIDER APPROVAL OF GARNER REQUEST ON FM 429 REGARDING ANNEXATION

Mayor presented Garner request on FM 429 regarding annexation. A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to waive Pro Rata and rescind Annexation. Ayes all; Nayes none. Motion carried.

6.8 CONSIDER APPROVAL OF AMENDMENT TO CITY COUNCIL MINUTES DATES JULY 15, 1997, REGARDING UNION PACIFIC RAILROAD AGREEMENT

A motion was made by Councilmember Jack Jones and seconded by Councilmember James Huffman to table item 6.8; amendment to City Council minutes dated July 14, 1997, regarding Union Pacific Railroad Agreement. Ayes all; Nayes none. Motion carried.

6.9 CONSIDER APPROVAL OF CONTRACTOR FOR HOME PROGRAM REHABILITATION PROJECT

Linda Seabolt presented information on contractor for HOME Program Rehabilitation Project. A motion was made by Councilmember Jack Jones and seconded by Councilmember Tommy Spencer to approve contractor for HOME Program Rehabilitation Project. Ayes all; Nayes none. Motion carried.

6.10 CONSIDER APPROVAL OF ORDINANCE NO. 1891 - ZONE CHANGE FOR PROPERTY LEGALLY DESCRIBED AS LOT 2A, BLOCK 115, WESTERN ADDITION

A motion was made by Councilmember Jack Jones and seconded by Mayor ProTem Frances Anderson to approve Ordinance No. 1891 - Zone Change for property legally described as lot 2A, Block 115, Western Addition. Ayes all; Nayes none. Motion carried.

7.0 DISCUSSION ITEMS

8.0 EXECUTIVE SESSION

9.0 HEAR REMARKS FROM VISITORS

10.0 ADJOURNMENT

There were no other matter discussed or acted on at this meeting.
There will be no further business, the meeting was adjourned.

_________________________________________
Don L. Lindsey, Mayor

Attest:

_______________________________________
John Rounsavall, City Secretary
Ordinance no. 1894

City Council Minutes
October 7, 1997

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