7:00 PM
APRIL 2007 CITY COUNCIL REGULAR MEETING
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, APRIL 9, 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.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Ron Bryce gave the Invocation and led the Council and Citizens in the Pledge of Allegiance.
III. RECOGNITION – Swift Water Rescue Team, Public Safety Staff and Red Cross
Mayor Bryce presented a Certificate of Recognition to Fire Chief Eric Thompson and the Swift Water Rescue Team - Captain Kyle Taylor, FF/EMT-P Brad Muirhead, FF/EMT Jorge Guerrero, FF/EMT David Petricca, ff/EMT - P Jason Harris, FF/EMT Justin Slovak, FF/EMT Steven Moses, FF/EMT A.J. Jakubik, FF/EMT Josh Nichols, FF/EMT Andrew Trojacek, and FF/EMT-P Adam Hubbard. Rescue victim Jim Nash expressed his appreciation of his recent rescue from flood waters by FF/EMT Justin Slovak.
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 March 12, 2007, Regular City Council Meeting, the March 24, 2007, Special City Council Meeting and the March 30, 2007, Special City Council Meeting.
B. Consideration of approving right-of-way easements for the Red Oak Road project.
C. Consideration of approving an Ordinance amending the City of Red Oak FY 2007 Budget to adjust General Fund Revenues and General Fund Expenses by $1,406,690.90 to cover the reduction of Police Fines and Interest; appropriating $180,000 from the Safer Grant to fund Firemen Salaries; and appropriating $165,500 from General Fund Balance and transferring such amount to General Fund Revenues to fund unbudgeted expenses.
D. Consideration of approving an Ordinance amending the City of Red Oak FY 2007 Budget by appropriating $12,000 from Emergency Services District #4 and transferring such amount to General Fund Revenues to refurbish a 2000 model fire engine.
E. Consideration of approving a bid from REDD Team Manufacturing for (2) aluminum cambered pedestrian bridges with 42” truss rails; 34”grabrail; vertical pickets and toe plate, in the amount of $32,300 for Old Town Park.
Councilmember Autrey made the motion to approve the Consent Agenda Items. Councilmember Hargrove asked that Consent Agenda Items A and C be pulled and placed in Open Session before a motion and second be made. Councilmember Autrey agreed. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Autrey to approve Consent Agenda Items B; D, Ordinance Number 07-09: AN ORDINANCE AMENDING THE FISCAL YEAR 2006-2007 OFFICIAL BUDGET, ADOPTED BY ORDINANCE NO. 06-38, BY APPROPRIATING $12,000 FROM EMERGENCY SERVICES DISTRICT #4 AND TRANSFERRING SUCH AMOUNT TO GENERAL FUND REVENUES AND INCREASING FIRE DISTRICT EXPENSES TO FUND REFURBISHING A 2000 MODEL FIRE ENGINE; and E. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
A. Consideration of approving the minutes of the March 12, 2007, Regular City Council Meeting, the March 24, 2007, Special City Council Meeting and the March 30, 2007, Special City Council Meeting.
Councilmember Hargrove stated that the motion written in the March 12, 2007, Regular City Council Meeting, for Agenda Item L was incorrect and needed to be changed. Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to correct the motion to read “report directly to Council” instead of “report back to Council”. The motion was unanimous.
D. Consideration of approving an Ordinance amending the City of Red Oak FY 2007 Budget to adjust General Fund Revenues and General Fund Expenses by $1,406,690.90 to cover the reduction of Police Fines and Interest; appropriating $180,000 from the Safer Grant to fund Firemen Salaries; and appropriating $165,500 from General Fund Balance and transferring such amount to General Fund Revenues to fund unbudgeted expenses
Councilmember Lindsey made the motion, seconded by Councilmember Autrey to approve Ordinance 07-08: AN ORDINANCE AMENDING THE FISCAL YEAR 2006-2007 OFFICIAL BUDGET, ADOPTED BY ORDINANCE NO. 06-38, ADJUSTING GENERAL FUND REVENUES AND GENERAL FUND EXPENSES BY $1,406,690.90 TO COVER THE REDUCTION OF POLICE FINES AND INTEREST; APPROPRIATING $180,000 FROM THE SAFER GRANT AND TRANSFERRING SUCH AMOUNT TO GENERAL FUND REVENUES TO FUND SIX FIREMEN SALARIES; AND APPROPRIATING $165,500 FROM GENERAL FUND BALANCE AND TRANSFERRING SUCH AMOUNT TO GENERAL FUND REVENUES TO COVER UNBUDGETED EXPENSES. The motion carried 3 – 2, with Councilmember Lindsey, Councilmember Autrey and Councilmember Smith voting in favor of the Budget Amendment. Mayor Pro Tem Goodwyn and Councilmember Hargrove voted in opposition.
F. Presentation by ROISD concerning the future bond issue.
Russ Schupmann, Associate Superintendent of Operations for the ROISD presented facts concerning the proposed bond issue.
G. Update and discussion concerning the budget and drainage design for Red Oak Road.
Freese & Nichols Representative Trish Hatley updated Council on the Red Oak Road drainage design and presented alternative designs for cost savings. Councilmember Hargrove had questions concerning the Streets & Drainage Capital Project Fund Budget. Discussion only.
H. Conduct a Public Hearing and consideration of approving an Ordinance for a Specific Use Permit for a garage extension of a previously approved Specific Use Permit for Lot 3, Block A, Remington Estates, also known as #5 Remington, City of Red Oak, Texas, requested by Paula and Fannon Wester.
Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition to the Specific Use Permit. Councilmember Smith made the motion, seconded by Mayor Pro Tem Goodwyn to close the Public Hearing. The motion was unanimous. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Lindsey to approve Ordinance No. 07-10: AN ORDINANCE AMENDING ORDINANCE NO. 07-05 AND ORDINANCE NO. 02-18, AS AMENDED, THE RED OAK UNIFORM DEVELOPMENT CODE BY GRANTING A SPECIFIC USE PERMIT FOR A 1,220 SQUARE FOOT ACCESSORY BUILDING LOCATED AT LOT 3, BLOCK A, REMINGTON ESTATES, ALSO KNOWN AS NO. 5 REMINGTON, IN THE CITY OF RED OAK AND REVISING THE OFFICIAL ZONING MAP IN ACCORDANCE THEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
I. Discussion concerning the FY 2008 Budget and the FY 2007 revised Budget.
City Manager Pfeifer addressed Council concerning the revised FY 2007 Budget and the FY 2008 Budget. Assistant Finance Director Laurie Smith reported that Water/Sewer Fund 215 expenses exceeded the revenues for February and March due to a debt service fund payment in February and that the water revenues would increase during the summer months and would take care of the expense overage. Discussion only.
J. Discussion concerning the Police Chief search process.
Councilmember Hargrove had concerns about the cost of using a search firm for the Police Chief search. City Manager Pfeifer addressed Council and stated that he recommended using a search firm instead of using a selection panel due to the sensitive and highly publicized nature of the issue. Discussion only.
K. Discussion concerning the recent investigation into police procedures and practices, the fee and subsequent actions.
Mayor Bryce addressed Council and Citizens. Investigator Sherman Baxter spoke with Council concerning the investigation. Discussion only.
VI. EXECUTIVE SESSION
Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, the City Council for the City of Re dOak reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Section §551.071 (Consultation with Attorney).
In addition, the City Council will convene in Executive Session under Section §551.071 (Consultation with Attorney) 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.
Council did not convene into Executive Session.
VII. OPEN SESSION
L. Consideration of approving any action as a result of discussion in Executive Session Item A.
No action was taken.
VIII. REPORTS
Financial Report
City Manager Report – Fireworks and project schedules
City Manager Pfeifer stated that financial reports would be given by Assistant Finance Director Laurie Smith monthly at each Council Meeting. Mayor Bryce spoke concerning the upcoming Red Oak, White and Blue Celebration. Mayor Pro Tem Goodwyn asked City Attorney Betsy Elam about the state law concerning 4-wheelers.
IX. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Johnny Pearson stated that Councilmembers should talk to the citizens more and had questions concerning the new drainage plan along the west side of the railroad tracks. Alan Hughley spoke about issues concerning 4-wheelers, and break-ins along Stainback Road. Dawn Tunnell stated that the City of Red Oak has an excellent Police Department and wanted to let Council know of her support for the Police.
X. ADJOURNMENT
Mayor Bryce adjourned the meeting at 8:36 P.M.
________________________________
Ron Bryce, Mayor
Attested: ________________________
Judy Grant, City Secretary
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, APRIL 9, 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.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Ron Bryce gave the Invocation and led the Council and Citizens in the Pledge of Allegiance.
III. RECOGNITION – Swift Water Rescue Team, Public Safety Staff and Red Cross
Mayor Bryce presented a Certificate of Recognition to Fire Chief Eric Thompson and the Swift Water Rescue Team - Captain Kyle Taylor, FF/EMT-P Brad Muirhead, FF/EMT Jorge Guerrero, FF/EMT David Petricca, ff/EMT - P Jason Harris, FF/EMT Justin Slovak, FF/EMT Steven Moses, FF/EMT A.J. Jakubik, FF/EMT Josh Nichols, FF/EMT Andrew Trojacek, and FF/EMT-P Adam Hubbard. Rescue victim Jim Nash expressed his appreciation of his recent rescue from flood waters by FF/EMT Justin Slovak.
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 March 12, 2007, Regular City Council Meeting, the March 24, 2007, Special City Council Meeting and the March 30, 2007, Special City Council Meeting.
B. Consideration of approving right-of-way easements for the Red Oak Road project.
C. Consideration of approving an Ordinance amending the City of Red Oak FY 2007 Budget to adjust General Fund Revenues and General Fund Expenses by $1,406,690.90 to cover the reduction of Police Fines and Interest; appropriating $180,000 from the Safer Grant to fund Firemen Salaries; and appropriating $165,500 from General Fund Balance and transferring such amount to General Fund Revenues to fund unbudgeted expenses.
D. Consideration of approving an Ordinance amending the City of Red Oak FY 2007 Budget by appropriating $12,000 from Emergency Services District #4 and transferring such amount to General Fund Revenues to refurbish a 2000 model fire engine.
E. Consideration of approving a bid from REDD Team Manufacturing for (2) aluminum cambered pedestrian bridges with 42” truss rails; 34”grabrail; vertical pickets and toe plate, in the amount of $32,300 for Old Town Park.
Councilmember Autrey made the motion to approve the Consent Agenda Items. Councilmember Hargrove asked that Consent Agenda Items A and C be pulled and placed in Open Session before a motion and second be made. Councilmember Autrey agreed. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Autrey to approve Consent Agenda Items B; D, Ordinance Number 07-09: AN ORDINANCE AMENDING THE FISCAL YEAR 2006-2007 OFFICIAL BUDGET, ADOPTED BY ORDINANCE NO. 06-38, BY APPROPRIATING $12,000 FROM EMERGENCY SERVICES DISTRICT #4 AND TRANSFERRING SUCH AMOUNT TO GENERAL FUND REVENUES AND INCREASING FIRE DISTRICT EXPENSES TO FUND REFURBISHING A 2000 MODEL FIRE ENGINE; and E. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
A. Consideration of approving the minutes of the March 12, 2007, Regular City Council Meeting, the March 24, 2007, Special City Council Meeting and the March 30, 2007, Special City Council Meeting.
Councilmember Hargrove stated that the motion written in the March 12, 2007, Regular City Council Meeting, for Agenda Item L was incorrect and needed to be changed. Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to correct the motion to read “report directly to Council” instead of “report back to Council”. The motion was unanimous.
D. Consideration of approving an Ordinance amending the City of Red Oak FY 2007 Budget to adjust General Fund Revenues and General Fund Expenses by $1,406,690.90 to cover the reduction of Police Fines and Interest; appropriating $180,000 from the Safer Grant to fund Firemen Salaries; and appropriating $165,500 from General Fund Balance and transferring such amount to General Fund Revenues to fund unbudgeted expenses
Councilmember Lindsey made the motion, seconded by Councilmember Autrey to approve Ordinance 07-08: AN ORDINANCE AMENDING THE FISCAL YEAR 2006-2007 OFFICIAL BUDGET, ADOPTED BY ORDINANCE NO. 06-38, ADJUSTING GENERAL FUND REVENUES AND GENERAL FUND EXPENSES BY $1,406,690.90 TO COVER THE REDUCTION OF POLICE FINES AND INTEREST; APPROPRIATING $180,000 FROM THE SAFER GRANT AND TRANSFERRING SUCH AMOUNT TO GENERAL FUND REVENUES TO FUND SIX FIREMEN SALARIES; AND APPROPRIATING $165,500 FROM GENERAL FUND BALANCE AND TRANSFERRING SUCH AMOUNT TO GENERAL FUND REVENUES TO COVER UNBUDGETED EXPENSES. The motion carried 3 – 2, with Councilmember Lindsey, Councilmember Autrey and Councilmember Smith voting in favor of the Budget Amendment. Mayor Pro Tem Goodwyn and Councilmember Hargrove voted in opposition.
F. Presentation by ROISD concerning the future bond issue.
Russ Schupmann, Associate Superintendent of Operations for the ROISD presented facts concerning the proposed bond issue.
G. Update and discussion concerning the budget and drainage design for Red Oak Road.
Freese & Nichols Representative Trish Hatley updated Council on the Red Oak Road drainage design and presented alternative designs for cost savings. Councilmember Hargrove had questions concerning the Streets & Drainage Capital Project Fund Budget. Discussion only.
H. Conduct a Public Hearing and consideration of approving an Ordinance for a Specific Use Permit for a garage extension of a previously approved Specific Use Permit for Lot 3, Block A, Remington Estates, also known as #5 Remington, City of Red Oak, Texas, requested by Paula and Fannon Wester.
Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition to the Specific Use Permit. Councilmember Smith made the motion, seconded by Mayor Pro Tem Goodwyn to close the Public Hearing. The motion was unanimous. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Lindsey to approve Ordinance No. 07-10: AN ORDINANCE AMENDING ORDINANCE NO. 07-05 AND ORDINANCE NO. 02-18, AS AMENDED, THE RED OAK UNIFORM DEVELOPMENT CODE BY GRANTING A SPECIFIC USE PERMIT FOR A 1,220 SQUARE FOOT ACCESSORY BUILDING LOCATED AT LOT 3, BLOCK A, REMINGTON ESTATES, ALSO KNOWN AS NO. 5 REMINGTON, IN THE CITY OF RED OAK AND REVISING THE OFFICIAL ZONING MAP IN ACCORDANCE THEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
I. Discussion concerning the FY 2008 Budget and the FY 2007 revised Budget.
City Manager Pfeifer addressed Council concerning the revised FY 2007 Budget and the FY 2008 Budget. Assistant Finance Director Laurie Smith reported that Water/Sewer Fund 215 expenses exceeded the revenues for February and March due to a debt service fund payment in February and that the water revenues would increase during the summer months and would take care of the expense overage. Discussion only.
J. Discussion concerning the Police Chief search process.
Councilmember Hargrove had concerns about the cost of using a search firm for the Police Chief search. City Manager Pfeifer addressed Council and stated that he recommended using a search firm instead of using a selection panel due to the sensitive and highly publicized nature of the issue. Discussion only.
K. Discussion concerning the recent investigation into police procedures and practices, the fee and subsequent actions.
Mayor Bryce addressed Council and Citizens. Investigator Sherman Baxter spoke with Council concerning the investigation. Discussion only.
VI. EXECUTIVE SESSION
Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, the City Council for the City of Re dOak reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Section §551.071 (Consultation with Attorney).
In addition, the City Council will convene in Executive Session under Section §551.071 (Consultation with Attorney) 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.
Council did not convene into Executive Session.
VII. OPEN SESSION
L. Consideration of approving any action as a result of discussion in Executive Session Item A.
No action was taken.
VIII. REPORTS
Financial Report
City Manager Report – Fireworks and project schedules
City Manager Pfeifer stated that financial reports would be given by Assistant Finance Director Laurie Smith monthly at each Council Meeting. Mayor Bryce spoke concerning the upcoming Red Oak, White and Blue Celebration. Mayor Pro Tem Goodwyn asked City Attorney Betsy Elam about the state law concerning 4-wheelers.
IX. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Johnny Pearson stated that Councilmembers should talk to the citizens more and had questions concerning the new drainage plan along the west side of the railroad tracks. Alan Hughley spoke about issues concerning 4-wheelers, and break-ins along Stainback Road. Dawn Tunnell stated that the City of Red Oak has an excellent Police Department and wanted to let Council know of her support for the Police.
X. ADJOURNMENT
Mayor Bryce adjourned the meeting at 8:36 P.M.
________________________________
Ron Bryce, Mayor
Attested: ________________________
Judy Grant, City Secretary
