12:00 PM
MARCH 2006 CITY COUNCIL REGULAR MEETING
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
Notice is hereby given that the Regular Meeting of the Red Oak City Council will be held on Monday, March 13, 2006, at 7:00 P.M., in the Council Chambers of the Red Oak Municipal Center, 200 Lakeview Parkway, Red Oak, Texas, at which time the following will be discussed and considered, to wit:
Mayor:
Councilmembers:
City Manager:
Todd B. Little
Eric Smith
Ken Pfeifer
Mayor Pro Tem:
Scott Lindsey
City Secretary:
Gary Autrey
Casey Hargrove
Judy Grant
Ben Goodwyn
City Attorney:
Betsy Elam
I. CALL TO ORDER – The Mayor will call the meeting to order, declare quorum if present, and declare notices legally posted pursuant to Open Meetings Act.
Mayor Little called the meeting to order at 7:07 P.M. Members present were Mayor Todd Little, Mayor Pro Tem Gary Autrey, Councilmember Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, and Councilmember Casey Hargrove. Mayor Little declared that a quorum was present.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Councilmember Hargrove gave the Invocation. Children with Camp Fire USA and Red Oak area children led the Council and Citizens in the Pledge of Allegiance.
III. PROCLAMATION & PRESENTATIONS – Absolutely Incredible Kid Day and Poison Prevention Week.
Mayor Little presented “Absolutely Incredible Kid Day” Proclamations to Camp Fire USA children and Red Oak area children. A “Poison Prevention Week” Proclamation was presented to Fire Chief Eric Thompson.
IV. CONSENT AGENDA – Consent Items
“All matters listed under Item III. Consent Agenda, are considered to be routine by the City Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately.”
A. Consideration of approving the minutes of the February 9, 2006 Special City Council Meeting/Workshop and the February 13, 2006 Regular City Council Meeting.
B. Consideration of approving the absence of Councilmember Eric Smith from the February 13, 2006 Regular City Council Meeting.
C. Consideration of approving an Ordinance setting a 4% transaction fee for payments, fees and fines paid by credit cards.
D. Consideration of approving a one-year renewable agreement with RevTrak for credit card services and authorizing the City Manager to sign the agreement.
E. Consideration of approving the new east Fire/Police substation site plan and floor plan.
F. Consideration of approving a $20,000 payment to Blackstone Developers for reimbursement of the sewer line cost on Highway 342.
G. Consideration of approving the repair of deteriorated streets using street repaving funds in the Public Works budget.
H. Consideration of approving a Texas Forest Service grant in the amount of $1,500 for a Swift Water Technician Course for the Fire Department.
I. Consideration of approving an Ordinance to amend the Fiscal Year 2006 Budget by appropriating $10,000,000 proceeds and interest from the Series 2006 Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation Bond and transferring $7,400,000 to the Dallas Water Line-Capital Project Fund Budget and $2,609,870 to the Sewer Construction-Capital Project Fund Budget.
Councilmember Goodwyn made the motion, seconded by Mayor Pro Tem Autrey to approve Consent Agenda Items A; B; C, Ordinance No. 06-07: AN ORDINANCE OF THE CITY COUNCIL OF RED OAK, TEXAS, AMENDING THE CODE OF ORDINANCES TO ESTABLISH A CREDIT CARD PAYMENT PROCESSING FEE; AMENDING THE FEE SCHEDULE TO REFLECT THE SAME; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE; D; E; F; G; H; and I, Ordinance No. 06-08: AN ORDINANCE AMENDING THE FISCAL YEAR 2005-2006 OFFICIAL BUDGET, ADOPTED BY ORDINANCE NO. 05-68, APPROPRIATING $10,009,870 PROCEEDS AND INTEREST FROM THE SERIES 2006 TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION BOND AND TRANSFERRING $7,400,000 TO THE DALLAS WATER LINE CAPITAL PROJECT FUND BUDGET AND $2,609,870 TO THE SEWER CONSTRUCTION FUND CAPITAL PROJECT FUND BUDGET. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
J. Introduction and consideration of approving appointments to the Parks & Recreation Commission and the GO Bond Committee.
Councilmember Hargrove made the motion, seconded by Councilmember Goodwyn to approve Lydia Bryce as an Alternate Member to the Parks & Recreation Commission for the term ending June 2006. The motion carried 3 – 2 with Councilmember Hargrove, Councilmember Goodwyn and Mayor Pro Tem Autrey voting in favor. Councilmember Lindsey and Councilmember Smith voted in opposition.
K. Conduct a Public Hearing and consideration of approving an Ordinance for an amended Development Plan for screening wall requirements for Coyote Ridge (formerly named Hickory Creek), being approximately 115 acres in the George C. Parks Survey, A-836, City of Red Oak, Ellis County, Texas, east of Interstate Highway 35 between Ovilla Road and Red Oak Road, requested by Crannell, Crannell and Martin Engineering.
Mayor Little opened the Public Hearing. Robert Valenzuela spoke in favor of the amended Development Plan and Richard Pickens spoke in opposition. Councilmember Hargrove made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion to close was suspended by Councilmember Hargrove to conduct more discussion. Councilmember Hargrove made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Goodwyn to approve Ordinance No. 06-09: AN ORDINANCE AMENDING ORDINANCE NO. 04-07, WHICH APPROVED A DEVELOPMENT PLAN FOR COYOTE RIDGE (FORMERLY HICKORY CREEK), BEING APPROXIMATELY 115 ACRES IN THE GEORGE C. PARKS SURVEY, ABSTRACT 836, LOCATED NORTH OF RED OAK ROAD, SOUTH OF OVILLA ROAD AND EAST OF INTERSTATE HIGHWAY 35, CITY OF RED OAK, ELLIS COUNTY, TEXAS, BY CHANGING SCREENING WALL REQUIREMENTS, SIGNAGE AND SUBDIVISION ENTRANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE, with the conditions that P & Z and Staff recommendations are included, lettering will be on both sides with lighting, a bridge and sidewalks will be installed in Phase II. The motion was unanimous.
L. Review and consideration of approving the Ethics Ordinance.
Councilmember Goodwyn raised concerns that three areas, sexual harassment, racial prejudice and misappropriation of funds were not covered. Council discussed the current Ethics Ordinance and asked for City Attorney opinion. City Attorney Betsy Elam stated that sexual harassment issues were covered in the personnel manual. Council asked City Attorney Elam if her staff could present training and what the cost would be. She stated that her staff could provide training but she could not give an exact cost. Councilmember Smith suggested that staff and Council should review it once a year and sign off on it. City Manager Ken Pfeifer stated that all new personnel were required to review the manual and to sign a form that is placed in their personnel file. Councilmember Smith made the motion, seconded by Goodwyn to re-approve Ordinance No. 02-46 with no changes. The motion was unanimous.
M. Consideration of approving a Resolution revising Vision 2020.
Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to approve Resolution 06-07: Vision 2020. The motion was unanimous.
N. Consideration of approving a representative to serve on the Broker Selection Committee.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve Mayor Pro Tem Gary Autrey as the Council Representative to serve on the Broker Selection Committee. The motion carried 4 – 0 with Mayor Pro Tem Autrey abstaining.
O. Discussion and consideration of approving guidelines and priorities for Parks & Recreation.
Director of Parks & Recreation Michael Hopping presented initial guidelines for Parks & Recreation. Councilmember Lindsey suggested that someone was needed who specializes in trees and landscaping. Parks Board Member Andy Bell stated that the Parks Board needed time to have a workshop to review the guidelines and priorities before Council made any decisions on this matter. No action was taken.
P. Consideration of approving any action as a result of discussion in Executive Session Item A.
No action was taken.
VI. EXECUTIVE SESSION
Pursuant to Section §551.071 of the Texas Government Code (the “Act”), the Council reserves the right to convene in Executive Session(s), from time to time as deemed necessary during this meeting for any posted agenda item, to receive advice from its attorney as permitted by law.
In addition, the City Council will convene in Executive Session under Section §551.071 of the Act for the following:
A. To receive advice from its attorney concerning the Palmer Community Action Group; ET AL vs. City of Red Oak, County of Ellis Cause No. 69600.
Mayor Little convened the Council into Executive Session at 9:08 p.m. Council reconvened into Open Session at 9:42 P.M.
VII. REPORTS
City Manager Ken Pfeifer report to Council on the following: Wal-Mart progress, Dallas Water Line project update, UDC update, Disaster Plan update, utility bill and fee payments on the internet, TXDOT schedules and update, COG and TXDOT grants, COG planning study for Highway 2377, SH 342 overlay, Home Grant, Oaks Boulevard ROW progress, Parks & Recreation goals, Finance Manual update, ISP Emergency Services, hazard mitigation schedule, permit fee study, GO & CIP bond issue projects update, missing city signs, FY 2007 Budget, Vision 2020 update, monument signs, website update, code enforcement, east side substation, electric utility lines, partnership between Parks and ROISD and COG-Vision North Texas.
VIII. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Eugene Gaither expressed disapproval of letters sent to city board members by the Mayor. Amy Jackson, Meals-On-Wheels Representative, addressed Council concerning various upcoming Meals-On-Wheels events and activities.
IX. ADJOURNMENT
Mayor Little adjourned the meeting at 9:45 P.M.
________________________________
Todd B. Little, Mayor
Attested: ________________________
Judy Grant, City Secretary
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
Notice is hereby given that the Regular Meeting of the Red Oak City Council will be held on Monday, March 13, 2006, at 7:00 P.M., in the Council Chambers of the Red Oak Municipal Center, 200 Lakeview Parkway, Red Oak, Texas, at which time the following will be discussed and considered, to wit:
| Mayor: | Councilmembers: | City Manager: |
| Todd B. Little | Eric Smith | Ken Pfeifer |
| Mayor Pro Tem: | Scott Lindsey | City Secretary: |
| Gary Autrey | Casey Hargrove | Judy Grant |
| Ben Goodwyn | City Attorney:
Betsy Elam |
I. CALL TO ORDER – The Mayor will call the meeting to order, declare quorum if present, and declare notices legally posted pursuant to Open Meetings Act.
Mayor Little called the meeting to order at 7:07 P.M. Members present were Mayor Todd Little, Mayor Pro Tem Gary Autrey, Councilmember Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, and Councilmember Casey Hargrove. Mayor Little declared that a quorum was present.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Councilmember Hargrove gave the Invocation. Children with Camp Fire USA and Red Oak area children led the Council and Citizens in the Pledge of Allegiance.
III. PROCLAMATION & PRESENTATIONS – Absolutely Incredible Kid Day and Poison Prevention Week.
Mayor Little presented “Absolutely Incredible Kid Day” Proclamations to Camp Fire USA children and Red Oak area children. A “Poison Prevention Week” Proclamation was presented to Fire Chief Eric Thompson.
IV. CONSENT AGENDA – Consent Items
“All matters listed under Item III. Consent Agenda, are considered to be routine by the City Council and will be enacted by one motion. There will not be a separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately.”
A. Consideration of approving the minutes of the February 9, 2006 Special City Council Meeting/Workshop and the February 13, 2006 Regular City Council Meeting.
B. Consideration of approving the absence of Councilmember Eric Smith from the February 13, 2006 Regular City Council Meeting.
C. Consideration of approving an Ordinance setting a 4% transaction fee for payments, fees and fines paid by credit cards.
D. Consideration of approving a one-year renewable agreement with RevTrak for credit card services and authorizing the City Manager to sign the agreement.
E. Consideration of approving the new east Fire/Police substation site plan and floor plan.
F. Consideration of approving a $20,000 payment to Blackstone Developers for reimbursement of the sewer line cost on Highway 342.
G. Consideration of approving the repair of deteriorated streets using street repaving funds in the Public Works budget.
H. Consideration of approving a Texas Forest Service grant in the amount of $1,500 for a Swift Water Technician Course for the Fire Department.
I. Consideration of approving an Ordinance to amend the Fiscal Year 2006 Budget by appropriating $10,000,000 proceeds and interest from the Series 2006 Tax and Waterworks and Sewer System Surplus Revenue Certificates of Obligation Bond and transferring $7,400,000 to the Dallas Water Line-Capital Project Fund Budget and $2,609,870 to the Sewer Construction-Capital Project Fund Budget.
Councilmember Goodwyn made the motion, seconded by Mayor Pro Tem Autrey to approve Consent Agenda Items A; B; C, Ordinance No. 06-07: AN ORDINANCE OF THE CITY COUNCIL OF RED OAK, TEXAS, AMENDING THE CODE OF ORDINANCES TO ESTABLISH A CREDIT CARD PAYMENT PROCESSING FEE; AMENDING THE FEE SCHEDULE TO REFLECT THE SAME; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE; D; E; F; G; H; and I, Ordinance No. 06-08: AN ORDINANCE AMENDING THE FISCAL YEAR 2005-2006 OFFICIAL BUDGET, ADOPTED BY ORDINANCE NO. 05-68, APPROPRIATING $10,009,870 PROCEEDS AND INTEREST FROM THE SERIES 2006 TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE CERTIFICATES OF OBLIGATION BOND AND TRANSFERRING $7,400,000 TO THE DALLAS WATER LINE CAPITAL PROJECT FUND BUDGET AND $2,609,870 TO THE SEWER CONSTRUCTION FUND CAPITAL PROJECT FUND BUDGET. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
J. Introduction and consideration of approving appointments to the Parks & Recreation Commission and the GO Bond Committee.
Councilmember Hargrove made the motion, seconded by Councilmember Goodwyn to approve Lydia Bryce as an Alternate Member to the Parks & Recreation Commission for the term ending June 2006. The motion carried 3 – 2 with Councilmember Hargrove, Councilmember Goodwyn and Mayor Pro Tem Autrey voting in favor. Councilmember Lindsey and Councilmember Smith voted in opposition.
K. Conduct a Public Hearing and consideration of approving an Ordinance for an amended Development Plan for screening wall requirements for Coyote Ridge (formerly named Hickory Creek), being approximately 115 acres in the George C. Parks Survey, A-836, City of Red Oak, Ellis County, Texas, east of Interstate Highway 35 between Ovilla Road and Red Oak Road, requested by Crannell, Crannell and Martin Engineering.
Mayor Little opened the Public Hearing. Robert Valenzuela spoke in favor of the amended Development Plan and Richard Pickens spoke in opposition. Councilmember Hargrove made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion to close was suspended by Councilmember Hargrove to conduct more discussion. Councilmember Hargrove made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Goodwyn to approve Ordinance No. 06-09: AN ORDINANCE AMENDING ORDINANCE NO. 04-07, WHICH APPROVED A DEVELOPMENT PLAN FOR COYOTE RIDGE (FORMERLY HICKORY CREEK), BEING APPROXIMATELY 115 ACRES IN THE GEORGE C. PARKS SURVEY, ABSTRACT 836, LOCATED NORTH OF RED OAK ROAD, SOUTH OF OVILLA ROAD AND EAST OF INTERSTATE HIGHWAY 35, CITY OF RED OAK, ELLIS COUNTY, TEXAS, BY CHANGING SCREENING WALL REQUIREMENTS, SIGNAGE AND SUBDIVISION ENTRANCE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE, with the conditions that P & Z and Staff recommendations are included, lettering will be on both sides with lighting, a bridge and sidewalks will be installed in Phase II. The motion was unanimous.
L. Review and consideration of approving the Ethics Ordinance.
Councilmember Goodwyn raised concerns that three areas, sexual harassment, racial prejudice and misappropriation of funds were not covered. Council discussed the current Ethics Ordinance and asked for City Attorney opinion. City Attorney Betsy Elam stated that sexual harassment issues were covered in the personnel manual. Council asked City Attorney Elam if her staff could present training and what the cost would be. She stated that her staff could provide training but she could not give an exact cost. Councilmember Smith suggested that staff and Council should review it once a year and sign off on it. City Manager Ken Pfeifer stated that all new personnel were required to review the manual and to sign a form that is placed in their personnel file. Councilmember Smith made the motion, seconded by Goodwyn to re-approve Ordinance No. 02-46 with no changes. The motion was unanimous.
M. Consideration of approving a Resolution revising Vision 2020.
Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to approve Resolution 06-07: Vision 2020. The motion was unanimous.
N. Consideration of approving a representative to serve on the Broker Selection Committee.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve Mayor Pro Tem Gary Autrey as the Council Representative to serve on the Broker Selection Committee. The motion carried 4 – 0 with Mayor Pro Tem Autrey abstaining.
O. Discussion and consideration of approving guidelines and priorities for Parks & Recreation.
Director of Parks & Recreation Michael Hopping presented initial guidelines for Parks & Recreation. Councilmember Lindsey suggested that someone was needed who specializes in trees and landscaping. Parks Board Member Andy Bell stated that the Parks Board needed time to have a workshop to review the guidelines and priorities before Council made any decisions on this matter. No action was taken.
P. Consideration of approving any action as a result of discussion in Executive Session Item A.
No action was taken.
VI. EXECUTIVE SESSION
Pursuant to Section §551.071 of the Texas Government Code (the “Act”), the Council reserves the right to convene in Executive Session(s), from time to time as deemed necessary during this meeting for any posted agenda item, to receive advice from its attorney as permitted by law.
In addition, the City Council will convene in Executive Session under Section §551.071 of the Act for the following:
A. To receive advice from its attorney concerning the Palmer Community Action Group; ET AL vs. City of Red Oak, County of Ellis Cause No. 69600.
Mayor Little convened the Council into Executive Session at 9:08 p.m. Council reconvened into Open Session at 9:42 P.M.
VII. REPORTS
City Manager Ken Pfeifer report to Council on the following: Wal-Mart progress, Dallas Water Line project update, UDC update, Disaster Plan update, utility bill and fee payments on the internet, TXDOT schedules and update, COG and TXDOT grants, COG planning study for Highway 2377, SH 342 overlay, Home Grant, Oaks Boulevard ROW progress, Parks & Recreation goals, Finance Manual update, ISP Emergency Services, hazard mitigation schedule, permit fee study, GO & CIP bond issue projects update, missing city signs, FY 2007 Budget, Vision 2020 update, monument signs, website update, code enforcement, east side substation, electric utility lines, partnership between Parks and ROISD and COG-Vision North Texas.
VIII. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Eugene Gaither expressed disapproval of letters sent to city board members by the Mayor. Amy Jackson, Meals-On-Wheels Representative, addressed Council concerning various upcoming Meals-On-Wheels events and activities.
IX. ADJOURNMENT
Mayor Little adjourned the meeting at 9:45 P.M.
________________________________
Todd B. Little, Mayor
Attested: ________________________
Judy Grant, City Secretary
