Minutes 

CITY COUNCIL MEETING

DECEMBER 1, 1998

7:00 P.M.

1. CALL TO ORDER

A regular meeting of the Terrell City Council was held December 1, 1998 at 7:00 P.M. in the Council Chambers at 201 East Nash Street, Terrell, Texas with the following
members present:

COUNCILMEMBER #1 HENRY MADGWICK
COUNCILMEMBER #2 TOMMY SPENCER
COUNCILMEMBER #3 ABSENT
COUNCILMEMBER #4 LEE SCHAEFFER
COUNCILMEMBER #5 JAMES HUFFMAN

Mayor Henry Madgwick called the meeting to order.

2. INVOCATION

Reverend McCoulskey gave the opening prayer.

3. CONSIDER APPROVAL OF CITY COUNCIL REGULAR MEETING
MINUTES OF NOVEMBER 17, 1998

Councilmember Tommy Spencer made a motion to approve the City Council Regular
Meeting Minutes of November 17, 1998. The motion was seconded by Councilmember
Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

PUBLIC HEARING

4. CONDUCT A PUBLIC HEARING FOR BEGINNING THE PROCESS TO
ISSUE CERTIFICATES OF OBLIGATION FOR WATER,
WASTEWATER, DRAINAGE, AND STREET IMPROVEMENTS

Minnie A. Presley - 701 West End, Terrell, Texas 75160 spoke for beginning the
process to issue Certificates of Obligation for Water, Wastewater, Drainage, and Street
Improvements but wanted West End flooding conditions to be considered.. Bill Baker -
318 Rash Lane, Terrell, Texas spoke for the process. However, he wanted to know about
the funding it would take comparing 1991 versus now. He wanted to know the City's
time frames for completing the projects. Larry Gordon, 1013 West End Street spoke for
beginning the process to issue Certificateds of Obligation for Water, Wastewater,
Drainage, and Street Improvements. However, he wanted to know how the City
prioritized its projects. And wanted to know how to keep his property from flooding, and how the area homeowners could help with the flooding problem.

Councilmember Tommy Spencer commented that nothing has been done since 1991 in
that area with regard to maintenance.

Tim Woodridge - 1109 Griffith, Terrell, Texas 75160 spoke for beginning the process to issue Certificates of Obligation for Water, Wastewater, Drainage, and Street
Improvements. However, he wanted to know if the 4.5 million will be spend for all 9
projects and what is the priority. Mr. Wooldridge also wanted to know what became of
his ideal regarding drainage solution. Ron Pegram - 709 West End Street, Terrell,
Texas 75160 spoke for beginning the process to issue Certificates of Obligation for
Water, Wastewater, Drainage, and Street Improvements. He expressed his concern about increased traffic on West End ad the drainage problems. Mr. Pegram presented a concept drawing of West End to the Council. He also discussed a court order and a judgement requirement pavement. The City Attorney was directed to research this court order. Virginia English - 1201 South Medora, Terrell, Texas 75160 spoke for the process. She wanted to clarify what the City intended to do about West End.

No one spoke against the process.

Councilmember Tommy Spencer made a motion to close the public hearing. The motion
was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion
carried.

NEW BUSINESS

5. DISCUSS AND CONSIDER BEGINNING THE PROCESS TO ISSUE
CERTIFICATES OF OBLIGATION FOR WATER, WASTEWATER,
DRAINAGE, AND STREET IMPROVEMENTS

David Medanich - First Southwest presented to Council for consideration beginning the
process to issue Certificates of Obligation for Water, Wastewater, Drainage, and Street
Improvements. Councilmember Lee Schaeffer made a motion to authorize Financial
Advisor to begin the process for issuance of 4.5 million Certificates of Obligation and
return on December 15, 1998. The motion was seconded by Councilmember
JamesHuffman. Ayes - all; Nayes none. Motion carried.

6. CONSIDER BID AND AWARD OF CONTRACT FOR THE
FOLLOWING:
a) Ben Gill Park Entryway

City Manager Gordon Pierce presented to Council for consideration to award contract for Ben Gill Park Entryway. Councilmember James Huffman made a motion to award low bid contingent upon Gill Foundation providing additional funding. The motion was
seconded by Councilmember Lee Schaeffer. Ayes - James Huffman, Lee Schaeffer.
Nayes - Tommy Spencer.

7. DISCUSS AND CONSIDER PRELIMINARY PLANS FOR
IMPROVEMENTS AT BEN GILL BASEBALL COMPLEX AND
AUTHORIZE PREPARATION OF BID DOCUMENTS AND
SOLICITATION OF BIDS.

City Manager Gordon Pierce presented to the Council for consideration preliminary plans for improvements at Ben Gill Baseball Complex and authorization to prepare bid
documents and solicitation of bids. Public Works to contact Garland and other cities
regarding four separate press boxes and bring proposals back before Council on
December 15, 1998 meeting. Councilmember Tommy Spencer made a motion to table
this item. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all;
Nayes - none. Motion carried.

8. CONSIDER FRANCHISE WASTE CONTRACT WITH WASTE
DISPOSAL SYSTEMS FOR COMMERCIAL REFUSE.

City Manager Gordon Pierce presented to the Council for consideration the Franchise
Waste Contract with Waste Disposal Systems for Commercial Refuse. Councilmember
James Huffman made a motion to approve Franchise Waste Contract with Waste
Disposal Systems for Commercial Refuse. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes -none. Motion carried.

9. DISCUSS AND CONSIDER AMENDMENTS TO ORDINANCE NO. 1905 -
SIGN REGULATIONS.

No action.

10. DISCUSS AND CONSIDER RENTAL OF LEASED PREMISES FOR
KART

City Manager Gordon Pierce presented to Council for consideration rental of leased
premises for KART. Councilmember Tommy Spencer made a motion to approve lease
agreement for $64.00 a month. The motion was seconded by Councilmember James
Huffman. Ayes - all; Nayes - none. Motion carried.

11. CONSIDER WASTE MANAGEMENT PRICE INCREASE REQUEST.

Lynn Lantrip - Waste Management presented to Council for consideration Waste
Management Price Increase Request. Councilmember James Huffman made a motion to
approve a 3% increase from $9.49 to $9.78. The motion was seconded by
Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

12. DISCUSS AND CONSIDER ORDINANCE NO. 1946 - ZONE CHANGE
FROM SINGLE FAMILY (1F-2) TO TWO-FAMILY (2F) FOR
PROPERTY DESCRIBED AS LOT 7, BLOCK 4, WARREN ADDITION
(807 LAWRENCE).

Ken Juricek requested the Council to consider Ordinance No. 1946 - Zone Change from Single Family (1F-2) to Two-Family (2F) for property described as Lot 7, Block 4,
Warren Addition (807 Lawrence). Councilmember Lee Schaeffer made a motion to
reject Ordinance No. 1946 - Zone Change from Single Family (1F-2) to Two-Family (2F) for property described as Lot 7, Block 4, Warren Addition (807 Lawrence). The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

13. CONSIDER OWNER OCCUPIED HOUSING ASSISTANCE PROGRAM
CONTRACT NO. 538053 BETWEEN CITY OF TERRELL AND TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS IN THE
GRANT AMOUNT OF $208,000.

Tim Glendenning presented to Council for consideration Owner Occupied Housing
Assistance Program Contract No. 538053 between City of Terrell and Texas Department of Housing and Community Affairs in the grant amount of $208,000. Councilmember Tommy Spencer made a motion to approve Contract No. 538053 in the grant amount of $208,000. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

14. CONSIDER HOMEBUYER ASSISTANCE CONTRACT NO. 538017
BETWEEN CITY OF TERRELL AND THE TEXAS DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS IN THE GRANT AMOUNT OF
$156,000.

Tim Glendenning presented to Council for consideration Homebuyer Assistance Contract No. 538017 between City of Terrell and the Texas Department of Housing and Community Affairs in the grant amount of $156,000. Councilmember Tommy Spencer made a motion to approve Contract No. 538017 in the grant amount of $156,000. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none. Motion carried.

15. CONSIDER HOUSING INFRASTRUCTURE FUND CONTRACT NO.
714018 BETWEEN THE CITY OF TERRELL AND TEXAS
DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS IN THE
GRANT AMOUNT OF $480,000.

Tim Glendenning presented to Council for consideration Housing Infrastructure Fund
Contract No. 714018 between the City of Terrell and Texas Department of Housing and Community Affairs in the grant amount of $480,000. Councilmember James Huffman made a motion to approve Contract No. 714018 in the grant amount of $480,000. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none.
Motion carried.

16. CONSIDER INTERIM CONSTRUCTION LOAN CONTRACT BETWEEN
THE CITY OF TERRELL AND TEXAS DEPARTMENT OF HOUSING
AND COMMUNTIY AFFAIRS.

Tim Glendenning presented to the Council for consideration Interim Construction Loan
Contract between the City of Terrell and Texas Department of Housing and Community
Affairs. This item was passed by Council to December 15, 1998 meeting.

17. CONSIDER APPROVAL OF AGREEMENT BETWEEN CITY OF
TERRELL AND LIFE REBUILDERS, INC. FOR HOUSING
INFRASTRUCTURE FUND PROJECT.

Tim Glendenning presented to Council for consideration agreement between City of
Terrell and Life Rebuilders, Inc. for Housing Infrastructure Fund Project.
Councilmember James Huffman made a motion to approve the agreement between City
of Terrell and Life Rebuilders, Inc. for Housing Infrastructure Fund Project. The motion
was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion
carried.

18. CONSIDER PROPOSAL AND AWARD CONTRACT FOR GRANT
ADMINISTRATION SERVICES FOR TEXAS DEVELOPMENT
PROGRAM - COMMUNITY DEVELOPMENT PROJECT FUNDS.

Tim Glendenning presented to Council for consideration contract for Grant
Administration Services for Texas Development Program - Community Development
Project Funds. Councilmember James Huffman made a motion to approve Grant
Administration Services Contract for Texas Development Program - Community
Development Project Funds in the amount of $60,000.00. The motion was seconded by
Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

19. CONSIDER PROPOSAL AND AWARD OF CONTRACT FOR
PROFESSIONAL ENGINEERING SERVICES FOR HOUSING
INFRASTRUCTURE PROJECT.

Councilmember Lee Schaeffer made a motion to approve proposal and award of contract for Professional Engineering Services for Housing Infrastructure Project to Pete
Hennessey Engineering in the amount of $40,000.00. The motion was seconded by
Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

20. CONSIDER APPROVE OF FIRST TIME HOMEBUYER/RESALE LOTS
PROGRAM BASIC HOUSE CRITERIA AND CONTRACTOR
PARTICIPATION.

City Manager Gordon Pierce presented to Council for approval First Time
Homebuyer/Resale Lots Program Basic House Criteria and Contractor Participation.
Councilmember Lee Schaeffer made a motion to approve First Time Homebuyer/Resale
Lots Program Basic House Criteria and Contractor Participation. The motion was
seconded by Councilmember James Huffman. Ayes - all; Nayes - none.

21. CONSIDER PROPERTIES FOR RESALE:
a) Lot 18, Block 5, Dewberry 2nd
b) Lot 2B Pt, Block 118, Moore & Nash Addition
c) Lot 2, Block 14, Stallings 3rd & 4th
d) Lot 1, Block 14, Stallings 3rd & 4th
e) Lots 3 & Pt 4, 6, Block 589, Terrell Revised
f) Lot 2, Block 111, Moore & Nash
g) 41-42, Block 5, Phagan

Items A-G were passed over by Council to December 15, 1998 meeting.

h) Lot 1, Block 19, Stallings 3rd & 4th
i) Lot 2, Block 19, Stallings 3rd & 4th

Councilmember Lee Schaeffer made a motion to approve resale of Lot 1, Block 19,
Stallings 3rd & 4th and Lot 2, Block 19, Stallings 3rd & 4th. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

j) Lots 1 & 4A, Block 39, Terrell Original

Councilmember Tommy Spencer made a motion to approve resale of Lots 1 & 4A, Block 39, Terrell Original. The motion was seconded by Councilmember Lee Schaeffer. Ayes - all; Nayes - none. Motion carried.

22. CONSIDER AIRPORT BOARD APPOINTMENTS.

Councilmember Lee Schaffer made a motion to appoint Hugh Littleton to the Airport
Board. The motion was seconded by Councilmember James Huffman. Ayes - all; Nayes
- none. Motion carried.

23. HEAR REMARKS FROM VISITORS

Danny Booth came before the Council to complain about item #26 - Contemplated
Litigation regarding Contract between City of Terrell and Terrell Chamber of Commerce. He impressed upon the Council the need to stop fighting and work together. Mr. Booth is pledging his commitment in public to work together.

Pete Hennessey came before the Council to thank them.

OLD BUSINESS
CONSENT AGENDA

24. CONSIDER ADOPTION OF ORDINANCE #1950 - VACATE ALLEY IN
BLOCK 2 OF TERRELL TERRACE ADDITION.

Councilmember James Huffman made a motion to approve Ordinance No. 1950 - Vacate Alley in Block 2 of Terrell Terrace Addition on second reading. The motion was
seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion
carried.

ORDINANCE NO. 1950

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TERRELL, TEXAS, VACATING AND ABANDONING AN
ALLEY RIGHT-OF-WAY IN BLOCK 2, TERRELL TERRACE
ADDITION.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TERRELL, TEXAS:

WHEREAS, a petition, signed by 50% of the adjacent property owners requesting the alley right-of-way between Main and Houston Streets, extending from 10th Street to 11th Street, be closed to public use and abandoned, has been filed with the City for consideration; and

WHEREAS, this body has determined that a public need for the subject right-of-way no longer exists, and
that its vacation would be to the public benefit in general;

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

THAT the alley right-of-way in Block 2, Terrell Terrace Addition, between 10th Street and 11th Street
within the City of Terrell, Kaufman County, Texas, be and is hereby closed and abandoned.

ARTICLE II

THAT all Ordinances of the City of Terrell, Texas, in conflict with the provisions of this Ordinance be, and same are, hereby repealed.

ARTICLE III

THAT 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 sections of this Ordinance, since the same
would have been enacted by the City Council without the incorporation of 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 APPROVE THIS 17TH DAY OF NOVEMBER 1998.
PASSED AND ADOPTED THIS 1ST DAY OF DECEMBER 1998.

25. RECEIVE CITY MANAGER'S REPORT AND CORRESPONDENCE

City Manager Gordon Pierce presented his report and correspondence to the Council.

26. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS
GOVERNMENT CODE, SECTION 551.071 - DISCUSS
CONTEMPLATED LITIGATION REGARDING CONTRACT BETWEEN
CITY OF TERRELL AND TERRELL CHAMBER OF COMMERCE.

No action taken.

27. 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, Sr., Mayor

Attest:

___________________________________
John Rounsavall, City Secretary
City Council Meeting
December 1, 1998

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