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Minutes 

REGULAR CITY COUNCIL MEETING

JUNE 5, 2001

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, June 5, 2001 in the City Council Chambers at 5:30 P.M. with the following members present:

COUNCILMEMBER #1 HENRY C. MADGWICK
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 FRANCES ANDERSON
COUNCILMEMBER #4 ABSENT
COUNCILMEMBER #5 RICK CARMONA

1. CALL TO ORDER.

Mayor Henry C. Madgwick called the meeting to order.

2. INVOCATION.

Mayor Henry Madgwick gave the opening prayer.

3. CONSIDER APPROVAL OF CITY COUNCIL SPECIAL MEETING MINUTES OF MAY 9, 2001, REGULAR MEETING MINUTES OF MAY 15, 2001 AND SPECIAL MEETING MINUTES OF MAY 21, 2001.

Mayor Pro tem Frances Anderson made a motion to table Approval of City Council Special Meeting Minutes of May 9, 2001, Regular Meeting Minutes of May 15, 2001 and Special Meeting Minutes of May 21, 2001. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Tommy Spencer. No vote.

NEW BUSINESS

4. RECEIVE THE 2001 FIRST QUARTER COOPERATIVE MARKETING CAMPAIGN REPORT.

Darrin Comstock, representing Tanger Outlet Centers presented the 2001 First Quarter Cooperative Marketing Campaign Report. Mayor Pro tem Frances Anderson commented she would like to see more diversity in the ads. Councilmember Tommy Spencer questioned if Tanger planned to expand. No action taken.

5. DISCUSS AND CONSIDER PROJECT CROSSTECH.

Danny Booth presented to Council for discussion and consideration Project CrossTech. Councilmember Tommy Spencer questioned if CrossTech was bringing people with them. Danny Booth stated most jobs would be created locally. Councilmember Rick Carmona questioned how long it would take for them to open. Danny Booth replied 12 months. Councilmember Tommy Spencer made a motion to approve Project CrossTech and the incentive packages. The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

6. DISCUSS AND CONSIDER PROJECT REXEL, INC.

Danny Booth presented to Council for discussion and consideration Project Rexel, Inc. Councilmember Rick Carmona made a motion to approve Project Rexel, Inc. to include the road and utility construction. The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

7. CONSIDER APPROVAL OF ORDINANCE NO. 2071 - VACATING HOUSTON STREET BETWEEN SECOND AND THIRD.

City Manager Gordon Pierce presented to Council for discussion and consideration Approval of Ordinance No. 2071 - Vacating Houston Street Between Second and Third. Councilmember Tommy Spencer made a motion to approve Ordinance No. 2071 - Vacating Houston Street Between Second and Third. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

8. CONSIDER APPROVAL OF ORDINANCE NO. 2072 - VACATING THE ALLEY WITHIN BLOCK 1 OF THE TERRELL TERRACE ADDITION.

City Manager Gordon Pierce presented to Council for discussion and consideration Approval of Ordinance No. 2072 - Vacating the Alley within Block 1 of the Terrell Terrace Addition. Mayor Pro tem Frances Anderson made a motion to approve Ordinance No. 2072 - Vacating the Alley within Block 1 of the Terrell Terrace Addition. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

9. DISCUSS AND CONSIDER REQUEST FOR SOCCER SHELTER.

Steve Rogers presented to Council for discussion and consideration Request for Soccer Shelter. Councilmember Rick Carmona made a motion to approve Request for Soccer Shelter. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

10. DISCUSS AND CONSIDER BID AND AWARD OF MOWING CONTRACT 01-20-01.

City Manager Gordon Pierce presented to Council for discussion and consideration award of Mowing Contract 01-20-01. Councilmember Tommy Spencer made a motion to award contract to Martin Landscape. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

11. DISCUSS AND CONSIDER BID AND AWARD FOR PURCHASE OF A 3-TON DUMP TRUCK.

City Manager Gordon Pierce presented to Council for discussion and consideration Bid and Award for Purchase of a 3-Ton Dump Truck. Mayor Pro tem Frances Anderson made a motion to award Freightliner of Austin in the amount of $49,015.00. The motion was seconded by Rick Carmona. Ayes - all; Nayes - none. Motion carried.

12. DISCUSS AND CONSIDER AMENDMENTS TO ORDINANCE NO. 1976 - EXTERIOR ELEVATION.

Assistant City Manager Linda Seabolt presented to Council for discussion and consideration amendments to Ordinance No. 1976 - Exterior Elevation. No action taken. After debate by Council staff was directed to revise the ordinance.

ORDINANCE NO. 1976

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS AMENDING THE TERRELL CITY CODE OF ORDINANCE BY ADDING SECTION 24 OF CHAPTER 4 "EXTERIOR CONSTRUCTION REQUIREMENTS AND STANDARDS" DESIGNATING REQUIREMENTS FOR MASONRY CONSTRUCTION OF EXTERIOR WALLS OF BUILDINGS WITHIN THE CITY OF TERRELL; PROVIDING FOR REQUIREMENTS AND STANDARDS; PROVIDING FOR CONSTRUCTION STANDARDS; PROVIDING FOR EXCEPTIONS AND EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE.

13. DISCUSS AND CONSIDER REQUEST FOR RESALE OF PROPERTY DESCRIBED AS LOT 10, BLOCK 625, TERRELL REVISED.

City Manager Gordon Pierce presented to Council for discussion and consideration Request for Resale of Property Described as Lot 10, Block 625, Terrell Revised. Mayor Pro tem Frances Anderson made a motion to approve Request for Resale of Property Described as Lot 10, Block 625, Terrell Revised. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

14. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 402 - APPROVING THE ARTICLES OF INCORPORATION AND BYLAWS OF CITIES AGGREGATION POWER PROJECT, INC.; ACCEPTING MEMBERSHIP IN SAID CORPORATION; APPOINTMENT BY A REPRESENTATIVE TO SERVE ON BEHALF OF THE CITY OF TERRELL; APPROVING PAYMENT OF AN INITIAL MEMBERSHIP FEE; AND ESTABLISHING AN EFFECTIVE DATE.

City Manager Gordon Pierce presented to Council for discussion and consideration Resolution No. 402 - Approving the Articles of Incorporation and Bylaws of Cities Aggregation Power Project, Inc.; Accepting Membership in Said Corporation; Appointment by a Representative to Serve on Behalf of the City of Terrell; Approving Payment of an Initial Membership Fee; and Establishing an Effective Date. Mayor Pro tem Frances Anderson made a motion to approve Resolution No. 402 and payment of initial membership fee in the amount of $2,775.00. City Manager Gordon Pierce was appointed to serve on behalf of the City of Terrell. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

15. DISCUSS AND CONSIDER APPOINTMENTS TO THE PLANNING AND ZONING COMMISSION.

Councilmember Rick Carmona and Mayor Pro tem Frances Anderson recommended Don Thurman to the Planning and Zoning Commission. Mayor Pro tem Frances Anderson recommended Brenda Denson and Daniel Rangel. Councilmember Tommy Spencer recommended Don Archer and Virginia English.

Mayor Henry Madgwick made a motion to re-appoint Brenda Denson and Don Thurman to the Planning and Zoning Commission. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

Councilmember Tommy Spencer made a motion to appoint Virginia English to the Planning and Zoning Commission. Ayes - none; Nayes - all; Motion dies for lack of second. Mayor Pro tem Frances Anderson made a motion to appoint Daniel Rangel. The motion was seconded by Councilmember Rick Carmona. Ayes - Frances Anderson, Henry Madgwick, Rick Carmona; Nayes - Tommy Spencer. Motion carried. Mayor Pro tem Frances Anderson made a motion to appoint Don Archer. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

16. DISCUSS AND CONSIDER DATES FOR CITY COUNCIL BUDGET WORKSHOPS.

City manager Gordon Pierce presented to Council for discussion and consideration dates for City Council Budget Workshops After debate, Councilmember Rick Carmona made a motion to set July 26-27, 2001 for City Council Budget Workshops. The motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none. Motion carried.

17. HEAR REMARKS FROM VISITORS.

None were made.

OLD BUSINESS
CONSENT AGENDA

18. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2068 - REQUEST FOR A SPECIFIC USE PERMIT TO OPERATE A BED AND BREAKFAST FACILITY IN A SINGLE FAMILY DISTRICT (1F2) ON PROPERTY DESCRIBED AS BLOCK 324, TERRELL REVISED.

ORDINANCE NO. 2068

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, GRANTING A SPECIFIC USE PERMIT ON PROPERTY DESCRIBED AS BLOCK 324, TERRELL REVISED 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, following public hearing and recommendation of approval by the Planning and Zoning Commission, held a public hearing at 5:30 p.m. on Tuesday, May 15, 2001, in the Council Chamber of the City Hall in Terrell, Texas to consider a request for a Specific Use Permit to establish a Bed and Breakfast facility in a Residential District on property described as , Block 324, Terrell Revised, City of Terrell, Kaufman County, Texas; and

WHEREAS, the City Council has determined the real property is located in a Single Family (1F2) 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.

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

A Specific Use Permit is granted establish a Bed and Breakfast facility on property described as Block 324, Terrell Revised, City of Terrell, Kaufman County, Texas.

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:

1. The dwelling must be occupied as a permanent residence by an owner or renter.
2. Not more than five (5) rooms can be utilized by transient guests for lodging and meals.
3. The establishment must meet the rules and regulations applicable to a retail food service establishment.
4. The establishment must provide off-street parking as required by the Terrell Zoning Ordinance.
5. Establishment must comply with the rules and regulations required by the Standard Plumbing Code as a residential occupancy.

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 15TH DAY OF MAY, 2001.
PASSED AND ADOPTED ON THIS 5TH DAY OF JUNE, 2001.

19. DISCUSS AND CONSIDER ADOPTION ON SECOND READING ORDINANCE NO. 2069 - ZONE CHANGE ON A 21.755 ACRE TRACT OF LAND LOCATED IN THE J.C. HALE SURVEY, ABSTRACT NO. 202 AS DESCRIBED IN VOL. 621, PAGE 254 OF THE DEED OF RECORDS OF KAUFMAN COUNTY, FROM CURRENT ZONING OF AGRICULTURE (A) TO RESIDENTIAL PLANNED DEVELOPMENT AND AMEND "EXHIBIT A", DESCRIPTION OF PLANNED DEVELOPMENT OF ORDINANCE NO. 2024, BY ADDING SAID TRACT TO EXHIBIT.

Mayor Pro tem Frances Anderson made a motion to adopt Ordinance No. 2068 and 2069 on consent agenda. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2069

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, AGRICULTURE (A) TO PLANNED DEVELOPMENT RESIDENTIAL (PD) FOR PROPERTY DESCRIBED AS 21.755 ACRES OF THE J.C. HALE SURVEY, ABSTRACT 202, TERRELL, TEXAS; AND AMENDING "EXHIBIT A; DESCRIPTION OF PLANNED DEVELOPMENT" OF ORDINANCE NO. 2024 BY ADDING SAID TRACT TO EXHIBIT; 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 City Council of the City of Terrell, Texas held a public hearing on May 15, 2001, on a request to change the zoning from Agriculture (A) to Planned Development Residential (PD) for property described below.

WHEREAS, the City Council has determined that all notice requirements have been given in compliance with the laws and ordinances of the City of Terrell, Texas; 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 Planned Development Residential (PD) for property described below.

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

THAT the zoning classification be and is hereby changed from Agriculture (A) to Planned Development Residential (PD) for property described as 21.755 acres of the J.C. Hale Survey, Abstract 202, and amend "Exhibit A" Description of Planned Development, of Ordinance No. 2024, by adding said of tract to exhibit.

Said zoning being based on the attached "Exhibit A" - Description of Planned Development.

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 15TH DAY OF MAY, 2001.
PASSED AND ADOPTED THIS 5TH DAY OF JUNE, 2001.

20. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:
a.) Terrell Chamber of Commerce and Heritage Society Quarterly Report(s).

b.) TML Region 13 Meeting & Dinner.

c.) TML Legislative Briefing.

21. ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH SECTION 551 OF THE TEXAS LOCAL GOVERNMENT CODE TO DISCUSS THE FOLLOWING:
d.) Section 551.072 - Real Property - Discuss and Consider Project OPUS.
e.) Section 551.072 - Real Property - Discuss and Consider Project Amena.

22. RECONVENE INTO REGULAR SESSION AND CONSIDER ACTION, IF ANY, ON ITEMS DISCUSSED IN EXECUTIVE SESSION.

There was no action taken in Executive Session.

23. ADJOURN.

There were no other matters discussed or acted on at this meeting. There being no further business the meeting was adjourned.

__________________________________________
HENRY C. MADGWICK, 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
 

Copyright  2001
City of Terrell
All rights reserved

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