8:00 AM
MARCH 12, 2007 CITY COUNCIL REGULAR MEETING
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, MARCH 12, 2007
I. CALL TO ORDER - The Mayor will call the meeting to order, declare a quorum if present, and declare notices legally posted pursuant to Open Meetings Act.
Mayor Bryce called the meeting to order at 7:00 P.M., declared a quorum present and declared notices legally posted pursuant to Open Meetings Act. Members present were Mayor Ron Bryce, Mayor Pro Tem Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, Councilmember Casey Hargrove and Councilmember Gary Autrey. Councilmember Smith was excused from the meeting during Executive Session to go to work.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Eldon Bryce gave the Invocation and Mayor Ron Bryce led the Council and Citizens in the Pledge of Allegiance.
III. PROCLAMATION – Red Cross Month
Mayor Bryce proclaimed March as Red Cross Month.
IV. CONSENT AGENDA– Consent Items
“All matters listed under Item IV. 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 12, 2007, Regular City Council Meeting.
B. Consideration of approving a bid and a contract with RONCO Excavation for street, sidewalk and trail construction and repair.
C. Consideration of approving a bid through TASB for a tractor with a front loader and a backhoe attachment for the Parks & Recreation Department.
D. Consideration of approving a $1,500 grant and a $445 grant from the Texas Forest Service for Fire Department training.
Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Autrey to approve Consent Agenda Items A; B; C; and D. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
E. Update from ROISD concerning the future bond issue.
ROISD Board Member John Hawkins updated Council on the future ROISD bond issue.
F. Consideration of approving the Vision Downtown Plan.
Freese & Nichols Representative Wendy Shabay spoke to Council concerning th eproposed Vision Downtown Plan. Councilmember Smith made the motion, seconded by Mayor Pro Tem Goodwyn to approve the Vision Downtown Plan. The motion was unanimous.
G. Conduct a Public Hearing on the proposed voluntary annexation of approximately 212.54 acres of land in the A. Fredrick Survey, Abstract 375, requested by RSJK Investments, Inc; and approximately 10.46 acres of land in the A. Fredrick Survey, Abstract 375, requested by Oak Hill Development, LLC, located west of Interstate Highway 35, south of Stephenson Road and abutting the existing city limits of Red Oak.
Councilmember Hargrove made the motion, seconded by Councilmember Smith to pull the Public Hearing on the voluntary annexation of 212.54 acres and 10.46 acres per owner requests.
H. Discussion and consideration of approving costs for safety issues on Stainback Road & Nokomis Road.
Public Works Coordinator Brad Dyess and Police Chief Donald Fullerton updated Council on their findings and made suggestions concerning safety issues on Stainback Road and Nokomis Road. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Smith to approve costs to correct the safety issues on these streets. The motion was unanimous.
I. Discussion and consideration of approving Fire/Police Substation contracts, construction bids, project manager/agent bid, rejecting bids, and approving a lease agreement with Baystone Financial Group for a fire engine.
Councilmember Lindsey made the motion, seconded by Councilmember Autrey to approve Fire/Police Substation contracts and construction bids as submitted; Danny Douthit as project manager/agent; rejecting all other bids; and approving a lease agreement with Baystone Financial Group for a fire engine, Option 2, in the amount of $370,000. The motion was unanimous.
J. Discussion and report on the bird problem on Ovilla Road.
Public Works Coordinator Dean Kennedy stated that he had no suggestions at that time and would continue to look into the problem to find a solution.
K. Consideration of approving any action as a result of discussion in Executive Session Item A.
No action was taken on this Agenda Item.
L. Consideration of approving any action as a result of discussion in Executive Session Item B.
Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to convene an investigation under 3.03 of the City Charter into the Police Department for work procedures and practices and authorize the Mayor to hire an investigator to carry out this investigation and report back to Council. The motion was unanimous with Mayor Pro Tem Goodwyn and Councilmembers Lindsey, Hargrove and Autrey voting in favor. Councilmember Smith was absent.
M. Consideration of approving any action as a result of discussion in Executive Session Item C.
No action was taken on this Agenda Item.
VI. EXECUTIVE SESSION
Pursuant to Section §551.071 of the Texas Government Code, the City Council reserves the right to convene into Executive Session(s), from time to time as deemed necessary during the course of 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 the City Attorney concerning the Palmer Community Action Group; ET AL vs. City of Red Oak, County of Ellis Cause No. 69600; and the Ferris annexation east of the City of Red Oak city limits, southeast of Stainback Road, northwest of FM 664 and west of Ferris Road.
B. To receive advice from the City Attorney concerning Police procedures and to hear complaints and deliberate the duties of the police department.
C. To hear complaints or charges against Councilmember Place 2 and Councilmember Place 4.
Council convened into Executive Session at 8:12 P.M. and reconvened into Open Session at 9:53 P.M.
VII. REPORTS – Fireworks Event
Mayor Bryce updated Council on the upcoming Red Oak, White and Blue Celebration.
VIII. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Citizens Sular Frost and Tricia Bradley spoke on the traffic problems on North Main Street.
IX. ADJOURNMENT
Mayor Bryce adjourned the meeting at 10:04 P.M.
________________________________
Ron Bryce, Mayor
Attested: ________________________
Judy Grant, City Secretary
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, MARCH 12, 2007
I. CALL TO ORDER - The Mayor will call the meeting to order, declare a quorum if present, and declare notices legally posted pursuant to Open Meetings Act.
Mayor Bryce called the meeting to order at 7:00 P.M., declared a quorum present and declared notices legally posted pursuant to Open Meetings Act. Members present were Mayor Ron Bryce, Mayor Pro Tem Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, Councilmember Casey Hargrove and Councilmember Gary Autrey. Councilmember Smith was excused from the meeting during Executive Session to go to work.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Eldon Bryce gave the Invocation and Mayor Ron Bryce led the Council and Citizens in the Pledge of Allegiance.
III. PROCLAMATION – Red Cross Month
Mayor Bryce proclaimed March as Red Cross Month.
IV. CONSENT AGENDA– Consent Items
“All matters listed under Item IV. 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 12, 2007, Regular City Council Meeting.
B. Consideration of approving a bid and a contract with RONCO Excavation for street, sidewalk and trail construction and repair.
C. Consideration of approving a bid through TASB for a tractor with a front loader and a backhoe attachment for the Parks & Recreation Department.
D. Consideration of approving a $1,500 grant and a $445 grant from the Texas Forest Service for Fire Department training.
Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Autrey to approve Consent Agenda Items A; B; C; and D. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
E. Update from ROISD concerning the future bond issue.
ROISD Board Member John Hawkins updated Council on the future ROISD bond issue.
F. Consideration of approving the Vision Downtown Plan.
Freese & Nichols Representative Wendy Shabay spoke to Council concerning th eproposed Vision Downtown Plan. Councilmember Smith made the motion, seconded by Mayor Pro Tem Goodwyn to approve the Vision Downtown Plan. The motion was unanimous.
G. Conduct a Public Hearing on the proposed voluntary annexation of approximately 212.54 acres of land in the A. Fredrick Survey, Abstract 375, requested by RSJK Investments, Inc; and approximately 10.46 acres of land in the A. Fredrick Survey, Abstract 375, requested by Oak Hill Development, LLC, located west of Interstate Highway 35, south of Stephenson Road and abutting the existing city limits of Red Oak.
Councilmember Hargrove made the motion, seconded by Councilmember Smith to pull the Public Hearing on the voluntary annexation of 212.54 acres and 10.46 acres per owner requests.
H. Discussion and consideration of approving costs for safety issues on Stainback Road & Nokomis Road.
Public Works Coordinator Brad Dyess and Police Chief Donald Fullerton updated Council on their findings and made suggestions concerning safety issues on Stainback Road and Nokomis Road. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Smith to approve costs to correct the safety issues on these streets. The motion was unanimous.
I. Discussion and consideration of approving Fire/Police Substation contracts, construction bids, project manager/agent bid, rejecting bids, and approving a lease agreement with Baystone Financial Group for a fire engine.
Councilmember Lindsey made the motion, seconded by Councilmember Autrey to approve Fire/Police Substation contracts and construction bids as submitted; Danny Douthit as project manager/agent; rejecting all other bids; and approving a lease agreement with Baystone Financial Group for a fire engine, Option 2, in the amount of $370,000. The motion was unanimous.
J. Discussion and report on the bird problem on Ovilla Road.
Public Works Coordinator Dean Kennedy stated that he had no suggestions at that time and would continue to look into the problem to find a solution.
K. Consideration of approving any action as a result of discussion in Executive Session Item A.
No action was taken on this Agenda Item.
L. Consideration of approving any action as a result of discussion in Executive Session Item B.
Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to convene an investigation under 3.03 of the City Charter into the Police Department for work procedures and practices and authorize the Mayor to hire an investigator to carry out this investigation and report back to Council. The motion was unanimous with Mayor Pro Tem Goodwyn and Councilmembers Lindsey, Hargrove and Autrey voting in favor. Councilmember Smith was absent.
M. Consideration of approving any action as a result of discussion in Executive Session Item C.
No action was taken on this Agenda Item.
VI. EXECUTIVE SESSION
Pursuant to Section §551.071 of the Texas Government Code, the City Council reserves the right to convene into Executive Session(s), from time to time as deemed necessary during the course of 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 the City Attorney concerning the Palmer Community Action Group; ET AL vs. City of Red Oak, County of Ellis Cause No. 69600; and the Ferris annexation east of the City of Red Oak city limits, southeast of Stainback Road, northwest of FM 664 and west of Ferris Road.
B. To receive advice from the City Attorney concerning Police procedures and to hear complaints and deliberate the duties of the police department.
C. To hear complaints or charges against Councilmember Place 2 and Councilmember Place 4.
Council convened into Executive Session at 8:12 P.M. and reconvened into Open Session at 9:53 P.M.
VII. REPORTS – Fireworks Event
Mayor Bryce updated Council on the upcoming Red Oak, White and Blue Celebration.
VIII. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Citizens Sular Frost and Tricia Bradley spoke on the traffic problems on North Main Street.
IX. ADJOURNMENT
Mayor Bryce adjourned the meeting at 10:04 P.M.
________________________________
Ron Bryce, Mayor
Attested: ________________________
Judy Grant, City Secretary
