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Minutes 

REGULAR CITY COUNCIL MEETING

AUGUST 7, 2001

5:30 P.M.

A regular meeting of the Terrell City Council was held on Tuesday, August 7, 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 LEE SCHAEFFER
COUNCILMEMBER #5 RICK CARMONA

1. CALL TO ORDER.

Mayor Henry C. Madgwick called the meeting to order.

2. INVOCATION.

Bob Price gave the opening prayer.

3. P.R.I.D.E. EMPLOYEE AWARD PRESENTATION.

Mayor Henry Madgwick presented Dan Gibson the P.R.I.D.E. Employee Award for the fourth quarter.

4. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING MINUTES OF JULY 3, 2001 AND SPECIAL MEETING AND RETREAT OF JULY 26-27, 2001.

Mayor Pro tem Frances Anderson made a motion to approve the City Council Regular Meeting Minutes of July 3, 2001. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried. Councilmember Lee Schaeffer made a motion to approve the Special Meeting and Retreat Minutes of July 26-27, 2001. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING

5. CONDUCT A PUBLIC HEARING FOR FISCAL YEAR 2001-2002 BUDGET.

Mayor Henry Madgwick conducted a public hearing for Fiscal Year 2001-2002 Budget. No one spoke for or against the budget. Mayor Madgwick closed the public hearing.

6.
(a.) CONDUCT A PUBLIC HEARING ON A REQUEST FOR ZONE CHANGE ON PROPERTY AT 401 N. ADELAIDE DESCRIBED AS LOT 4B, BLOCK 51, TERRELL ORIGINAL FROM CURRENT ZONING OF MULTI-FAMILY RESIDENTIAL (MF) TO RETAIL (R).

Mayor Henry Madgwick conducted a Public Hearing on a Request for Zone Change on Property at 401 N. Adelaide Described as Lot 4B, Block 51, Terrell Original from Current Zoning of Multi-Family Residential (MF) to Retail (R). No one spoke for or against the zone change. Mayor Madgwick closed the public hearing.

(b.) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2076 - ZONE CHANGE ON PROPERTY AT 401 N. ADELAIDE DESCRIBED AS LOT 4B, BLOCK 51, TERRELL ORIGINAL FROM CURRENT ZONING OF MULTI-FAMILY RESIDENTIAL (MF) TO RETAIL (R).

Councilmember Lee Schaeffer made a motion to approve Ordinance No. 2076 - Zone Change on Property at 401 N. Adelaide Described as Lot 4B, Block 51, Terrell Original from Current Zoning of Multi-Family Residential (MF) to Retail (R). The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2076

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM MULTI-FAMILY (MF) TO RETAIL (R) ON PROPERTY DESCRIBED AS LOT 4B, BLOCK 51, TERRELL ORIGINAL, TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

7.
(c.) CONDUCT A PUBLIC HEARING ON A REQUEST FOR ZONE CHANGE ON PROPERTY AT 1011 HIGHWAY 205 DESCRIBED AS LOT 11B, WEBSTER SUBDIVISION FROM CURRENT ZONING OF AGRICULTURE (A) TO COMMERCIAL (C).

Mayor Henry Madgwick conducted a Public Hearing on a Request for Zone Change on Property at 1011 Highway 205 Described as Lot 11B, Webster Subdivision from Current Zoning of Agriculture (A) to Commercial (C). Darlene Gibson spoke against the zone change. Art Dobbs spoke for the zone change. Mayor Madgwick closed the public hearing.

(d.) DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2077 - ZONE CHANGE ON PROPERTY AT 1011 HIGHWAY 205 DESCRIBED AS LOT 11B, WEBSTER SUBDIVISION FROM CURRENT ZONING OF AGRICULTURE (A) TO RETAIL (R).

Councilmember Frances Anderson made a motion to deny approval of Ordinance No. 2077 - Zone Change on Property at 1011 Highway 205 Described as Lot 11B, Webster Subdivision from Current Zoning of Agriculture (A) and Retail (R). Motion died for lack of second. Councilmember Lee Schaeffer called upon Planning and Zoning Commission member Ethel Livingston to come before the Council and explain the Planning and Zoning Commission decision. Councilmember Lee Schaeffer made a motion to approve Ordinance No. 2077 - Zone Change on Property at 1011 Highway 205 Described as Lot 11B, Webster Subdivision from Current Zoning of Agriculture (A) to Retail (R). The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2077

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, CHANGING THE ZONING FROM AGRICULTURE (A) TO RETAIL (R) ON PROPERTY DESCRIBED AS LOT 11B, WEBSTER SUBDIVISION, TERRELL, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

New Business

8. DISCUSS AND CONSIDER TOURISM BOARD RECOMMENDATION FOR ALLOCATION OF HOTEL/MOTEL TAX FUNDS FOR FISCAL YEAR 2001-2002.

Laure Wolfe representing the Terrell Tourism Board presented to Council for discussion and consideration Tourism Board Recommendation for Allocation of Hotel/Motel Tax Funds for Fiscal Year 2001-2002. Mayor Henry Madgwick abstained from vote. Councilmember Rick Carmona made a motion to approve the Tourism Board Recommendation for Allocation of Hotel/Motel Tax Funds for Fiscal Year 2001-2002. The motion was seconded by Councilmember Lee Schaeffer. Ayes - Rick Carmona, Lee Schaeffer, Tommy Spencer, Frances Anderson. Nayes - none. Motion carried.

9. DISCUSS AND CONSIDER TERRELL TOURISM BOARD RECOMMENDATION TO AMEND THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF TERRELL AND THE CHAMBER OF COMMERCE CONVENTION AND VISITORS BUREAU.

Dr. Horace Flatt representing the Terrell Tourism Board presented to Council for discussion and consideration Terrell Tourism Board Recommendation to Amend the Professional Services Agreement Between the City of Terrell and the Chamber of Commerce Convention and Visitors Bureau. Greg Pharris of the Terrell Chamber of Commerce requested Council send this item back to the Tourism Board for further discussion. Councilmember Rick Carmona made a motion to send this item back to the Tourism Board. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

10. DISCUSS AND CONSIDER PLANNING AND ZONING RECOMMENDATION TO AMEND THE PRELIMINARY PLAT FOR THE TERRACES, A RESIDENTIAL PLANNED DEVELOPMENT LOCATED IN THE J.C. HALE SURVEY, ABSTRACT NO. 202.

Will Cole, Director of Municipal Development and Todd Wintters of Engineering Concepts and Design presented to Council for discussion and consideration Planning and Zoning Recommendation to Amend the Preliminary Plat for the Terraces, A Residential Planned Development Located in the J.C. Hale Survey, Abstract No. 202. Mayor Pro tem Frances Anderson made a motion to approve Planning and Zoning Recommendation to Amend the Preliminary Plat for the Terraces, A Residential Planned Development Located in the J.C. Hale Survey, Abstract No. 202. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

11. DISCUSS AND CONSIDER REQUEST FOR WEST END DRAINAGE IMPROVEMENTS.

Reginal Williams, West End resident and Larry Gordon presented to Council problems on West End. Councilmember Tommy Spencer abstained. Councilmember Lee Schaeffer made a motion to table this item to the August 14, 2001 workshop. The motion was seconded by Councilmember Rick Carmona. Ayes - Lee Schaeffer, Rick Carmona, Henry Madgwick, Frances Anderson. Nayes - none. Motion carried.

12. DISCUSS LEIGHTON DRIVE PER REQUEST OF MR. CHARLES TEMPLE.

Charles Temple, Leighton Drive resident, complained about the slow pace of construction on Leighton Drive. No action was taken on this item.

13. CONSIDER BIDS AND AWARD OF A CONTRACT FOR THE CONSTRUCTION OF WATER DISTRIBUTION IMPROVEMENTS ON F.M. 148 AT SPUR 557.

Stan Ballard, City Engineer, presented to Council for consideration Bids and Award of Contract for the Construction of Water Distribution Improvements on F.M. 148 at Spur 557. Councilmember Rick Carmona made a motion to award contract to Legacy Construction in the amount of $60,740. The motion was seconded by Mayor Pro tem Frances Anderson. Ayes - all; Nayes - none. Motion carried.

14. CONSIDER APPROVAL OF CHANGE ORDER NO. 1 TO THE CONTRACT WITH RED RIVER CONSTRUCTION COMPANY FOR RAW WATER PUMP STATION IMPROVEMENTS.

Stan Ballard, City Engineer, presented to Council for consideration Change Order No. 1 to the Contract with Red River Construction Company for Raw Water Pump Station Improvements. Councilmember Lee Schaeffer made a motion to approve Change Order No. 1 to the Contract with Red River Construction Company for Raw Water Pump Station Improvements in the amount of ($15,275.38). The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes -none. Motion carried.

15. CONSIDER APPROVAL OF CHANGE ORDER NO 2 TO THE AGREEMENT WITH AUSTIN BRIDGE AND ROAD TO INCLUDE CONSTRUCTION OF AN ASLPHALTIC SURFACE ON A PORTION OF KENNEDY DRIVE.

Stan Ballard, City Engineer presented to Council for consideration Change Order No. 2 to the Agreement with Austin Bridge and Road to Include Construction of an Asphaltic Surface on a Portion of Kennedy Drive. Councilmember Tommy Spencer made a motion to approve Change Order No. 3 to the Agreement with Austin Bridge and Road to Include Construction of an Asphaltic Surface on a Portion of Kennedy Drive in the amount of $3,500.00. The motion was seconded by Councilmember Rick Carmona. Ayes - all; Nayes - none. Motion carried.

16. DISCUSS AND CONSIDER APPROVAL OF ORDINANCE NO. 2066 - AMENDING CHAPTER 7: HEALTH AND SANITATION; SECTION 5: SOLID WASTE MANAGEMENT.

Councilmember Rick Carmona made a motion to approve Ordinance No. 2066 - Amending Chapter 7: Health and Sanitation; Section 5: Solid Waste Management. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

ORDINANCE NO. 2066

AN ORDINANCE OF THE CITY OFTERRELL AMENDING CHAPTER 7, HEALTH AND SANITATION, SECTION 5. SOLID WASTE MANAGEMENT, PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

17. DISCUSS AND CONSIDER APPROVAL OF RESOLUTION NO. 407 - SCHEDULING PUBLIC HEARINGS CONCERNING ANNEXATION OF PROPERTY.

Linda Seabolt, Assistant City Manager presented to Council for discussion and consideration Resolution No. 407 - Scheduling Public Hearings Concerning Annexation of Property. Councilmember Lee Schaeffer made a motion to approve Resolution No. 407 - Scheduling Public Hearings Concerning Annexation of Property. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

RESOLUTION NO. 407

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS, SETTING A PUBLIC HEARING AND ANNEXATION PROCEEDINGS SCHEDULE FOR THE VOLUNTARY ANNEXATION OF APPROXIMATELY 258.6 ACRES, KNOWN AS THE TERRELL TRAVEL PLAZA PROPERTY, AND APPROXIMATELY 376.634 ACRES, KNOWN AS THE TERRELL ECONOMIC DEVELOPMENT PROPERTY.

WHEREAS, the owners of the approximately 258.6 acres known as the Terrell Travel Plaza Property, located generally west of the City of Terrell and more particularly described in the attached Exhibit A, have requested annexation into the City by written petition, which petition was accepted by the City on June 19, 2001; and

WHEREAS, the owners of the approximately 376.634 acres known as the Terrell Economic Development Property, located generally east of the City of Terrell and more particularly described in the attached Exhibit B, have requested annexation into the City by written petition, which petition was accepted by the City on June 19, 2001; and

WHEREAS, the City desires to start the process that will enable the City to annex the Terrell Travel Plaza and Terrell Economic Development Properties into the City of Terrell, including calling two public hearings and setting a proposed annexation proceedings schedule.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS:

Section 1. All of the above premises are hereby found to be true and correct legislative and factual findings of the City Council, and they are hereby approved, ratified and incorporated into the body of this resolution as if copied in their entirety.

Section 2. The City Council hereby authorizes the following schedule in relation to the proposed annexation of the Terrell Travel Plaza and Terrell Economic Development Properties into the City of Terrell.

a. August 10, 2001: Publish notice of two public hearings, both to be held on August 21, 2001, with such notice to meet the requirements of Texas Local Government Code Section 43.063(c).
b. August 21, 2001: Conduct two public hearings on the proposed annexations, with such hearings to comply with Texas Local Government Code Section 43.063(a) and (b).
c. September 18, 2001: First reading of annexation ordinance.
d. October 2, 2001: Second reading of annexation ordinance.

Section 3. The above?referenced schedule is anticipated to provide sufficient time for the City to accomplish the annexations within the procedures and timeframes required by law, and to provide City staff with adequate time to prepare required annexation service plans and to meet other state law requirements. Should the City Manager, however, determine that this schedule has become unworkable and that it should be modified or amended to accomplish the proposed annexations in a manner fully consistent with law, the City Council expressly authorizes the City Manager, or his designee, to make such modifications or changes to the schedule as he determines are necessary.

18. HEAR REMARKS FROM VISITORS.

Zanberlin Spencer spoke regarding West End drainage.

Old Business
Consent Agenda

19. RECEIVE CITY MANAGER'S REPORTS AND CORRESPONDENCE:

(e.) City Staff Recognition

(f.) Police Department Recognition

(g.) Chamber of Commerce CVB Quarterly Report.

(h.) Heritage Society Quarterly Report.

(i.) Terrell Alliance for Education and the Arts Quarterly Report.

(j.) Southwestern Christian College Quarterly Report.

(k.) NLC Congress of Cities Conference.

20. ADJOURN INTO EXECUTIVE SESSION IN ACCORDANCE WITH SECTION 551 OF THE TEXAS LOCAL GOVERNMENT CODE TO DISCUSS THE FOLLOWING:
(l.) Section 551.072 - Acquisition of Property by Terrell Economic Development Corporation.
(m.) Section 551.074 - Personnel Matters - Duties of Police Chief.

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

(l.) Councilmember Lee Schaeffer made a motion to authorize Terrell Economic Development Corporation to sell property - 1.7 acres at Highway 34 South at Airport Road. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

(m.) No action taken on this item.

22. 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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