Minutes 

CITY COUNCIL MEETING

APRIL 21, 1998

7:00 P.M.

A regular meeting of the Terrell City Council was held on April 21, 1998 at 7:00 P.M. in
the Council Chambers of City Hall, 201 East Nash Street, with the following members
present:

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

1. CALL TO ORDER

Mayor Don L. Lindsey called the meeting to order.

2. INVOCATION

Reverend Ivan Johnson gave the opening prayer.

3. PRESENTATION OF MAYORAL CITATIONS

Mayor Don L. Lindsey presented Raylan Baker and Stephanie Hanks a Mayoral Citation
for their dedication to the 1998 March of Dimes.

4. CONSIDER APPROVAL OF CITY COUNCIL MEETING MINUTES OF
THE REGULAR MEETING OF APRIL 7, 1998

PASSED TO NEXT MEETING

5. PUBLIC HEARING
A. Conduct a public hearing for a request of Zone Change for property
described as 2.78 acres out of the R. Sowell Survey ( A-443), being
proposed Lots 1-5, Block 2 of Risinger Estates, from the current
Agriculture (A) to Single-Family Residential (1F-2)

Stan Ballard opened a public hearing for a request of Zone Change for property described
as 2.78 acres out of the R. Sowell Survey (A-443), being proposed Lots 1-5, Block 2 of
Risinger Estates, from the current Agriculture (A) to Single- Family Residential (1F-2).
Kevin McKinney spoke for the zone change. No one against the zone change.
Councilmember Frances Anderson made a motion to close the public hearing. The
motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes - none.
Motion carried.

B. Consider approval of Ordinance No. 1925 - Amending the
Comprehensive Zoning Ordinance of the City of Terrell
1st reading
Councilmember Frances Anderson made a motion to approve Ordinance No. 1925 -
Amending the Comprehensive Zoning Ordinance of the City of Terrell. The motion was
seconded by Councilmember Jack Jones. Ayes - all; Nayes -none. Motion carried.

ORDINANCE NO. 1925

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TERRELL,
TEXAS, CHANGING THE ZONING FROM AGRICULTURE (A) TO SINGLE-
FAMILY RESIDENTIAL (1-F2) FOR PROPERTY LEGALLY DESCRIBED AS
2.78 ACRES OUT OF THE R. SOWELL SURVEY (A-443), BEING PROPOSED
LOTS 1-5, BLOCK 2 OF RISINGER ESTATES, TERRELL, TEXAS;
PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES;
PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE.

6. PUBLIC HEARING
C. Conduct a public hearing for a request of Zone Change for property
described as 403 West High Street, Lots 2A & 2D, Block 105 of the
Western Subdivision from the current Two-Family (2F) to
Commercial (C). P&Z recommends the zone change to Retail (R)

No one spoke for or against the request of Zone Change for property described as 403
West High Street, Lots 2A & 2D, Block 105 of the Western Subdivision from the current
Two-Family (2F) to Commercial (C). Councilmember Jack Jones made a motion to close
the public hearing. The motion was seconded by Councilmember Tommy Spencer.
Ayes - all; Nayes - none. Motion carried.

D. Consider approval of Ordinance No. 1926 - Amending the
Comprehensive Zoning Ordinance of the City of Terrell
1st reading
Councilmember James Huffman made a motion to approve the zone change from Two-
Family (2F) to Retail (R). The motion was seconded by Councilmember Frances
Anderson. Ayes - all; Nayes - none. Motion carried.

7. DISCUSS AND CONSIDER SUBMISSION OF BID FOR 1999 DIXIE
LEAGUE WORLD SERIES

Passed to Workshop on Monday April 27, 1998 at 5:00 P.M.

8. RECEIVE AND CONSIDER TERRELL CONVENTION AND VISITORS
BUREAU AUDIT

Councilmember Jack Jones made a motion to accept the Chamber of Commerce 1998
First Quarter Report. The motion was seconded by Councilmember Tommy Spencer.
Ayes - all; Nayes - none. Motion carried.

9. RECEIVE AND CONSIDER TERRELL CONVENTION AND VISITORS
BUREAU BUDGET PROPOSAL FOR FINAL QUARTER (July - Sept)
FISCAL YEAR 1997-1998

Councilmember Jack Jones made a motion to approve the Budget as presented. Motion
died for lack of a second. Councilmember Frances Anderson made a motion to approve
$28,000.00 or 70% of the budget submitted by the Chamber. The motion was seconded
by Councilmember James Huffman. Ayes - Frances Anderson, James Huffman, Tommy
Spencer. Nayes - Jack Jones.

10. CONSIDER APPROVAL OF ORDINANCE NO. 1924 - LONE STAR GAS
FRANCHISE EXTENSION
1st reading
City Attorney Mary Gayle Ramsey presented Ordinance No. 1924 - Lone Star Gas
Franchise Extension. Councilmember Tommy Spencer made a motion to approve
Ordinance No. 1924. The motion was seconded by Councilmember Jack Jones. Ayes -
all; Nayes - none. Motion carried.

ORDINANCE NO. 1924

AN ORDINANCE GRANTING TO LONE STAR GAS COMPANY, A DIVISION
OF ENSEARCH CORPORATION, A TEXAS CORPORATION, ITS
SUCCESSORS AND ASSIGNS, A FRANCHISER TO CONSTRUCT, MAINTAIN,
AND OPERATE PIPELINES AND EQUIPMENT IN THE CITY OF TERRELL,
KAUFMAN COUNTY, TEXAS , FOR THE TRANSPORTING, DELIVERY,
SALE, AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID
CITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR
CHARGE FOR THE USE OF THE PUBLIC RIGHTS-OF-WAYS; AND
PROVIDING THAT SUCH FEE SHALL BE IN LIEU OF OTHER FEES AND
CHARGES, EXCEPTING AD VALOREM TAXES; AND REPEALING ALL
PREVIOUS GAS FRANCHSIE ORDINANCES.

11. CONSIDER AUTHORIZATION OF WAGE AND BENEFIT SURVEY AS
RECOMMENDED BY T.E.D.C.

Councilmember Frances Anderson made a motion to approve $4,900.00 for authorization
of a wage and benefit survey as recommended by T.E.D.C. The motion was seconded by
Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

12. CONSIDER AUTHORIZATION OF LABOR MARKET SURVEY AS
RECOMMENDED BY T.E.D.C.

Councilmember Frances Anderson made a motion to approve $14,000 for authorization
of labor market survey as recommended by T.E.D.C. The motion was seconded by
Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

13. CONSIDER RECOMMENDATION BY T.E.D.C. FOR APPROVAL OF
THE GOODYEAR TIRE AND RUBBER COMPANY/CARTER *
ASSOCIATES HOLDING, LLC ECONOMIC INCENTIVE

Danny Booth presented the recommendation by T.E.D.C. for approval of the Goodyear
Tire and Rubber Company/Carter & Associates Holding, LLC Economic Incentive.
Councilmember James Huffman made a motion to approve the Economic Incentive. The
motion was seconded by Councilmember Frances Anderson. Ayes - all; Nayes - none.
Motion carried.

14. RECEIVE PROPOSED NUISANCE COMPLAINT PROCEDURES

Steve Morton presented the proposed nuisance complaint procedures to the Council.

There was no action taken on this item.

15. RECEIVE UPDATE ON STREET MAINTENANCE PROGRAM

Stan Ballard presented update on street maintenance program to the Council.

There was no action taken on this item.

16. CONSIDER APPROVAL OF ORDINANCE NO. 1923 - BUDGET
AMENDMENT FOR RESIDENTIAL DEVELOPMENT INCENTIVE
PROGRAM

ORDINANCE NO. 1923

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS,
AMENDING THE ANNUAL BUDGET FOR THE YEAR
BEGINNING OCTOBER 1, 1997, AND ENDING
SEPTEMBER 30, 1998, AS PASSED AND ADOPTED ON
SEPTEMBER 17, 1997, TO PROVIDE FOR INCREASES
AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.

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

SECTION I.

The General Fund Budget is amended to reflect the following decreases and increases in
the budget:

GENERAL FUND BUDGETED AMENDED
TO
010-11-4590 Development Participation $35,000.00 $145,000.00

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 of 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.

17. CONSIDER APPROVAL OF 1998 HOME INVESTMENT
PARTNERSHIPS PROGRAM

Tim Glendenning and Debbie Zajac presented 1998 Home Investment Partnership
Program to the Council. Councilmember Frances Anderson made a motion to table this
item. The motion was seconded by Councilmember Tommy Spencer. Ayes - all; Nayes
- none. Motion carried.

18. CONSIDER ELECTION OF OFFICERS AND DIRECTORS FOR 1998-99
EXECUTIVE BOARD - NCTCOG

Councilmember James Huffman made a motion to appoint Mayor Pro tem Frances
Anderson for the election of officers and directors for 1998-99 Executive Board for the
North Central Texas Council of Governments. The motion was seconded by
Councilmember Jack Jones. Ayes - all; Nayes - none. Motion carried.

19. CONSIDER AMENDING MINUTES OF OCTOBER 1, 1996, ITEM 6.1,
REGARDING K-L INDUSTRIES INCENTIVE PACKAGE

Councilmember Jack Jones made a motion to amend the Minutes of October 1, 1996,
Item 6.1 regarding K-L Industries incentive package. The motion was seconded by
Councilmember Tommy Spencer. Ayes - all; Nayes - none. Motion carried.

20. DISCUSS AND CONSIDER ADOPTION OF THE PAY CLASSIFICATION
PLAN

City Manager Gordon Pierce, Assistant City Manager Linda Seabolt, and Personnel
Director Carol Holland presented the Pay Classification Plan to Council for consideration
and adoption.

There was no action taken on this item.

21. CONSIDER CULLUM PIPE SYSTEMS, INC. CHANGE ORDER NO. 2

Stan Ballard presented Change Order No. 2 for replacement of the water main on
Greenwood Street. Councilmember James Huffman made a motion to approve Cullum
Pipe Systems, Inc. Change Order No. 2. The motion was seconded by Councilmember
Jack Jones. Ayes - all; Nayes - none. Motion carried.

22. CONSIDER BIDS AND AWARD OF CONTRACT ON THE
FOLLOWING:
E. Water Meters and Accessories
F. Water Pipes & Accessories
G. Fire Hydrants & Accessories
H. Fuel - Gasoline & Diesel

CONSENT AGENDA
E.
WATER METERS AND ACCESSORIES
BID NO. 98-52-03
Monday, March 30, 1998
2:00 P.M.

Vendor Name
Section 1
Alternate
Section 1
Section 2
Section 3
TOTAL BID
Industrial International Inc.
$21,422.00 *
NO BID
$1,871.40
$6,633.00
$29,926.40
Unique Chemical
NO BID
$27,123.38
$2,702.80
$5,637.10
$35,463.28
Utility Plus, Inc
NO BID
$23,098.70
$679.40 **
NO BID

U.S. Filter (Rohan Co.)
NO BID
NO BID
$2,625.00
$7,785.84

? * 1 item no bid
? ** 6 items no bid

These vendors met specification with the lowest bid for each section:

SECTIONS 1 & 2 - INDUSTRIAL INTERNATIONAL INC.
SECTION 3 UNIQUE CHEMICAL

F.

PIPE, PIPE FITTINGS AND ACCESSORIES
BID NO. 98-52-04
Monday, March 30, 1998
2:00 P.M.

Vendor Name
Section 1
Section 2
Section 3
Section 4
Section
TOTAL BID
Industrial International
Inc.
$2,195.92**
$7,528.00
$2,526.0
$272.40
$438.60
$12,960.92
U.S. Filter (Rohan Co.)
$4,216.04**
$7,817.00
$2,388.00
$679.89
$570.80
$15,676.73
Utility Plus, Inc.
$3,344.28**
$7,451.00
NO BID
$585.81
$783.10

Unique Chemical
$1,707.00*
NO BID
NO BID
$602.91
$525.92

? * 2 Items - No Bid
? ** 3 Items - No Bid

These vendors met specification with the lowest bid for each section:

SECTIONS 1, 4& 5 - INDUSTRIAL INTERNATIONAL INC.
SECTION 2 UTILITY PLUS INC.
SECTION 3 U.S. FILTER

G.

FIRE HYDRANTS AND ACCESSORIES
BID NO. 98-52-05
Thursday, April 9, 1998
2:00 P.M.

Vendor Name
Section 1
Alternate
Section 1
TOTAL BID
Industrial
International, Inc.

37,674.00
$37,674.00
Utility Plus, Inc.
40,347.42

$40,347.42
U.S. Filter (Rohan
Co.)
40,494.00

$40,494.00

This vendor met specifications with the lowest Bid:
INDUSTRIAL INTERNATIONAL INC. - $37,674.00.

H.

GASOLINE & DIESEL FUEL
Project No. 98-25-01
April 14, 1998

VENDOR NAME
SUPER UNLEADED

Rack Price Markup/ Total
Markdown Bid
ON ROAD DIESEL

Rack Price Markup/ Total
Markdown Bid
Truman Arnold Company
0.5480
0.0280
0.5760
0.4510
0.0310
0.4820
Colwell Oil Co., Inc.
0.6025
0.2764 *
0.8789 *
0.4525
0.0664
0.5189
? *Includes Sales Tax

The following vendor met all specifications with the lowest total Bid:

Truman Arnold Company - 0.5760 - Fuel
0.4820 - Diesel

Councilmember Jack Jones made a motion to approve and award bids to vendors that met
specifications with lowest total Bids. The motion was seconded by Councilmember
James Huffman. Ayes - all; Nayes - none. Motion carried.

23. DISCUSS AND CONSIDER T.I.S.D./ CITY LEASE AGREEMENT

Gordon Pierce presented the lease agreement between Terrell Independent School
District and the City of Terrell. Councilmember Jack Jones made a motion to approve
the lease agreement. The motion was seconded by Councilmember Frances Anderson.
Ayes - all; Nayes - none. Motion carried

CONSENT AGENDA

24. CONSIDER APPROVAL OF ORDINANCE NO. 1920 - BUDGET
AMENDMENT FOR RESALE LOTS

Gordon Pierce presented Ordinance No. 1920 - Budget Amendment for resale lots.
Councilmember Frances Anderson made a motion to approve Ordinance No. 1920. The
motion was seconded by Councilmember James Huffman. Ayes - all; Nayes - none.
Motion carried.

ORDINANCE NO. 1920

AN ORDINANCE OF THE CITY OF TERRELL, TEXAS, AMENDING
THE ANNUAL BUDGET FOR THE YEAR BEGINNING OCTOBER 1,
1997, AND ENDING SEPTEMBER 30, 1998, AS PASSED AND
ADOPTED ON SEPTEMBER 17, 1997, TO PROVIDE FOR INCREASES
AND DECREASES IN CERTAIN ACCOUNTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

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

SECTION I.

The General Fund Budget is amended to reflect the following decreases and increases in the budget:

GENERAL FUND BUDGETED AMENDED TO
010-11-4497 Real Estate $ 25,000.00 $ 45,000.00
010-11-4498 Contingency $ 83,333.33 $ 63,333.33

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 of 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.

25. RECEIVE CITY MANAGER'S REPORT AND CORRESPONDANCE

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

26. EXECUTIVE SESSION - IN ACCORDANCE WITH TEXAS
GOVERNMENT CODE, SECTION 551.074, PERSONNEL MATTERS

This item was passed over.

27. HEAR REMARKS FROM VISITORS

28. ADJOURN

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

_____________________________.
Don L. Lindsey, Mayor

___________________________________.
John Rounsavall, City Secretary
City Council Meeting
April 21, 1998

Please report any problems
to Word Works