7:00 PM
AUGUST 2007 CITY COUNCIL REGULAR MEETING
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, AUGUST 13, 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 Pro Tem Goodwyn called the meeting to order and declared a quorum present and notices legally posted AT 7:05 P.M. Members present were Mayor Pro Tem Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, Councilmember Casey Hargrove and Councilmember Andy Bell.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Councilmember Lindsey gave the Invocation and Councilmember Hargrove led the Council and Citizens in the Pledge of Allegiance.
III. RECOGNITIONS – Red Oak Police Explorers, Daniel Bernheimer, Wedsel Groom, Nanette Paghi, Citizens National Bank and Andy Anderson, Brookshire Grocery Store.
Mayor Pro Tem Goodwyn presented a plaque of Recognition to the Red Oak Police Explorers; presented plaques of service to Daniel Bernheimer and Wedsel Groom, and Recognition Certificates to Nanetted Paghi, Citizens National Bank and Andy Anderson, Brookshire Grocery Store.
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 July 9, 2007, Regular City Council Meeting and the July 26, 2007, City Council Budget Workshop.
B. Consideration of approving an agreement with CASA (Court Appointed Special Advocates of Ellis County) for funding of child advocacy services not to exceed $2,500.
C. Consideration of approving an Ordinance for a water tower/land lease agreement with Tier One Converged Networks, Inc.
D. Consideration of approving an Ordinance for Flood Damage Prevention subject as to final approval as to form by the City Attorney.
E. Consideration of approving a right-of-way water line easement and purchase for the Dallas Water Line project and right-of-ways for the Red Oak Road project.
Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve Consent Agenda Items A; B; C, Ordinance No. 07-19: AN ORDINANCE OF THE CITY OF RED OAK, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A WATER TOWER/LAND LEASE AGREEMENT BY AND BETWEEN THE CITY OF RED, OAK AND TIERONE CONVERGED NETWORKS, INC. FOR THE LEASE OF THE ELEVATED WATER STORAGE TANK COMMONLY KNOWN AS THE RED OAK METHODIST & BECKLEY PIKES WATER TOWER; AUTHORIZING THE MAYOR TO EXECUTE THE WATER TOWER / LAND LEASE AGREEMENT, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”: AND PROVIDING AN EFFECTIVE DATE; D, Ordinance No. 07-20: FLOOD DAMAGE PREVENTION ORDINANCE; and E. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
F. Conduct a Public Hearing and consideration of approving an Ordinance amending the Development Plan for Lot 1, Block 1, Josey Acres, City of Red Oak, Ellis County, Texas, located south of Highway 2377, and west of Lowrance Road, requested by Steve Skipper.
Mayor Pro Tem Goodwyn opened the Public Hearing. Owner Steve Skipper spoke in favor of the amended Development Plan. Nanette Paghi and Danny Douthit expressed their opinions. No one spoke in opposition. Councilmember Lindsey made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve Ordinance No. 07-21: AN ORDINANCE OF THE CITY OF RED OAK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PLANNED DEVELOPMENT - 42 (“PD-42”) TO PLANNED DEVELOPMENT-42, REVISED (“PD-42, REVISED) TO PROVIDE FOR AN AMENDED SITE PLAN AND ELEVATIONS FOR PROPERTY LOCATED ON JOSEY LANE SOUTH OF HIGHWAY 2377 AND WEST OF LOWRANCE ROAD, AND BEING MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK 1, OF SKIPPER ADDITION, AN ADDITION TO THE CITY OF RED OAK, ELLIS COUNTY TEXAS, AND BEING APPROXIMATELY 1.1277 ACRES OF LAND, ACCORDING TO THE PLAT RECORDED IN CABINET B, SLIDE 24, PLAT RECORDS, ELLIS COUNTY, TEXAS; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING FOR THE APPROVAL OF THE AMENDED SITE PLAN AND ELEVATIONS, WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBITS “A” AND “B,” RESPECTIVELY; 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 condition that a 3/12 roof pitch be added to the concept plan.
G. Conduct a Public Hearing and consideration of approving a waiver from the standard subdivision requirements, permitting a 3-inch water line without fire hydrants instead of the required 8-inch water line with fire hydrants, for approximately 19 acres in the Robert Crow Survey, Abstract 199, City of Red Oak, Ellis County, Texas, located south of Stainback Road and east of Batchler Road, requested by Leland and Pan Abbott.
Mayor Pro Tem Goodwyn opened the Public Hearing. Owner Leland Abbott spoke in favor of the waiver and no one spoke in opposition. Councilmember Smith made the motion, seconded by Councilmember Bell to close the Public Hearing. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the waiver from the standard subdivision requirements, permitting a 3-inch water line without fire hydrants instead of the required 8-inch water line with fire hydrants, for approximately 19 acres in the Robert Crow Survey, Abstract 199, City of Red Oak, Ellis County, Texas. The motion was unanimous.
H. Consideration of approving an agreement for annual audit services for the 2007 fiscal year.
Councilmember Bell made the motion, seconded by Councilmember Lindsey to approve the agreement with Witherspoon, Yeldell & Wilson P. C. for annual audit services in the amount of $22,500 for the 2007 fiscal year. The motion was unanimous.
I. Consideration of approving a resignation and an appointment to the Planning & Zoning Commission for a term expiring June 2008.
Councilmember Hargrove made the motion, seconded by Councilmember Smith to approve the resignation of Heath Nichols and approve the appointment of Alan Hugley from an alternate member to a regular member, for a term expiring June 2008, and the appointment of Steve Miller as an alternate member for a term expiring June 2008. The motion was unanimous.
J. Consideration of approving the sale of a portion of land located on northeast Red Oak Road originally obtained through an easement purchase for the Red Oak Road project.
Councilmember Bell made the motion, seconded by Councilmember Hargrove to authorize the Interim City Manager to undertake the sale of the portion of land located on northeast Red Oak Road. The motion was unanimous.
K. Consideration of declaring a vacancy in the office of Mayor and approving a Resolution ordering a Special Election to be held on November 6, 2007, to fill the vacancy.
Councilmember Hargrove made the motion, seconded by Councilmember Smith to declare a vacancy in the office of Mayor and approve Resolution No. 07-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS, CALLING FOR A SPECIAL ELECTION TO BE HELD ON OCTOBER 16, 2007, ESTABLISHING PROCEDURES FOR THAT ELECTION; PROVIDING FOR A RUN-OFF DATE AND ESTABLISHING PROCEDURES FOR THAT ELECTION; AUTHORIZING A METHOD OF VOTING FOR EACH ELECTION; AND PROVIDING AND ESTABLISHING AN EFFECTIVE DATE. The motion was unanimous.
L. Discussion and consideration of approving the Interim City Manager’s appointment of a Police Chief and approving an employment agreement.
Council discussed the appointment and was introduced to Craig Rudolph. Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve the appointment of Craig Rudolph as the Police Chief and authorized the Interim City Manager to execute the employment agreement. The motion was unanimous.
M. Consideration of approving a Resolution approving the terms and conditions of an Indigent Care Affiliation Agreement between the City of Red Oak and East Texas Medical Center.
Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to approve Resolution No. 07-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS APPROVING THE TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE CITY OF RED OAK AND EAST TEXAS MEDICAL CENTER PROVIDING FOR THE MEDICAL CARE OF ELLIS COUNTY QUALIFIED INDIGENT PATIENTS, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”; AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
N. Discussion and consideration of approving the Public Hearing dates, times, and place to consider a proposed tax rate of up to .667 cents per $100 of assessed valuation and an increase in tax revenues, for the proposed Fiscal Year 2008 Budget.
Councilmember Smith made the motion, seconded by Councilmember Hargrove to approve September 4, 2007, at 6:00 P.M. and September 10, 2007, at 7:00 P.M., in the Council Chambers of the Red Oak Municipal Center, to be the Public Hearing dates, times and place to consider the proposed tax rate and the increase in tax revenues for the City of Red Oak. The motion was unanimous.
O. Consideration of approving a Fiscal Year 2008 Salary Plan for the City of Red Oak.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve the Fiscal Year 2008 Salary Plan for the City of Red Oak with the correction of the Police Chief salary. The motion was unanimous.
P. Consideration of approving an Ordinance authorizing and allowing “Updated Service Credits” and for increased prior and current service annuities for city retirees.
Councilmember Smith made the motion, seconded by Councilmember Hargrove to approve Option 1, Ordinance No. 07-22: AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, “UPDATED SERVICE CREDITS” IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF RED OAK; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. The motion was unanimous.
Q. Consideration of approving the Mayor Pro Tem’s appointment of a Deputy Mayor Pro Tem.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve the Mayor Pro Tem’s appointment of Councilmember Eric Smith as the Deputy Mayor Pro Tem. The motion carried 4 – 0, with Councilmember Lindsey, Councilmember Hargrove, Mayor Pro Tem Goodwyn and Councilmember Bell voting in favor. Councilmember Smith abstained.
R. Discussion and possible consideration of approving a Resolution adopting an official City newspaper, effective October 1, 2007.
Council discussed the option of using the Red Oak Record as the official City Newspaper. It was determined that the Red Oak Record would have to have been circulating in the City for at least one year to be the official newspaper and that around December 12, 2007 would be the newspaper’s one year anniversary. Councilmember Hargrove made the motion, seconded by Councilmember Bell to approve Resolution No. 07-16: A RESOLUTION DESIGNATING THE RED OAK RECORD AS THE OFFICIAL NEWSPAPER FOR THE CITY OF RED OAK, TEXAS AND DESIGNATING THE WAXAHACHIE DAILY LIGHT AS AN ALTERNATE NEWSPAPER; APPROVING THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE with the condition that it would be effective on December 12, 2007. The motion carried 4 – 1 with Mayor Pro Tem Goodwyn, Councilmember Lindsey, Councilmember Hargrove and Councilmember Bell voting in favor of the Resolution and Councilmember Smith voting in opposition.
S. Discussion and consideration of approving recommendations from the Fire Department concerning construction issues at the new fire/police substation.
Council and staff discussed the options for sprinkler systems and alarms for the new substation. Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to authorize a change order for a sprinkler system in the kitchen area and a monitor fire alarm system in the rest of the building as recommended. The motion was unanimous.
T. Discussion concerning the preliminary FY 2008 Budget.
Council and staff discussed the preliminary FY 2008 Budget.
VI. EXECUTIVE SESSION - Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, the City Council for the City of Red Oak 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 Sections §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 deliberate pending or contemplated litigation 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. The City Council shall convene into closed Executive Session pursuant to Section §551.071 (2) of the Texas Government Code to seek advice from the City Attorney concerning state and federal law regarding compensation of city employees.
Council convened into Executive Session at 8:56 P.M. and re-convened into Open Session at 9:45 P.M.
VII. OPEN SESSION
U. Consideration of approving any action as a result of discussion in Executive Session A.
Councilmember Lindsey made the motion, seconded by Councilmember Smith to direct the Interim City Manager to investigate negotiations for city boundaries with other cities.
V. Consideration of approving any action as a result of discussion in Executive Session B.
No action was taken.
VIII. REPORTS
Asst. Finance Director Report – Current year finance update
City Engineer Report - Major Project Schedule
HR Director Report – Update on City Manager selection
Interim City Manager Report – Update on zoning issues
No reports were given.
IX. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Kevin Davis spoke to Council about his issues with a city sewer line. Chris Moses asked about the filing date for Mayor and issues with Ferris.
X. ADJOURNMENT
Mayor Pro Tem Goodwyn adjourned the meeting at 9:53 P.M.
________________________________
Ben Goodwyn, Mayor Pro Tem
Attested: ________________________
Judy Grant, City Secretary
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, AUGUST 13, 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 Pro Tem Goodwyn called the meeting to order and declared a quorum present and notices legally posted AT 7:05 P.M. Members present were Mayor Pro Tem Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, Councilmember Casey Hargrove and Councilmember Andy Bell.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Councilmember Lindsey gave the Invocation and Councilmember Hargrove led the Council and Citizens in the Pledge of Allegiance.
III. RECOGNITIONS – Red Oak Police Explorers, Daniel Bernheimer, Wedsel Groom, Nanette Paghi, Citizens National Bank and Andy Anderson, Brookshire Grocery Store.
Mayor Pro Tem Goodwyn presented a plaque of Recognition to the Red Oak Police Explorers; presented plaques of service to Daniel Bernheimer and Wedsel Groom, and Recognition Certificates to Nanetted Paghi, Citizens National Bank and Andy Anderson, Brookshire Grocery Store.
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 July 9, 2007, Regular City Council Meeting and the July 26, 2007, City Council Budget Workshop.
B. Consideration of approving an agreement with CASA (Court Appointed Special Advocates of Ellis County) for funding of child advocacy services not to exceed $2,500.
C. Consideration of approving an Ordinance for a water tower/land lease agreement with Tier One Converged Networks, Inc.
D. Consideration of approving an Ordinance for Flood Damage Prevention subject as to final approval as to form by the City Attorney.
E. Consideration of approving a right-of-way water line easement and purchase for the Dallas Water Line project and right-of-ways for the Red Oak Road project.
Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve Consent Agenda Items A; B; C, Ordinance No. 07-19: AN ORDINANCE OF THE CITY OF RED OAK, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A WATER TOWER/LAND LEASE AGREEMENT BY AND BETWEEN THE CITY OF RED, OAK AND TIERONE CONVERGED NETWORKS, INC. FOR THE LEASE OF THE ELEVATED WATER STORAGE TANK COMMONLY KNOWN AS THE RED OAK METHODIST & BECKLEY PIKES WATER TOWER; AUTHORIZING THE MAYOR TO EXECUTE THE WATER TOWER / LAND LEASE AGREEMENT, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”: AND PROVIDING AN EFFECTIVE DATE; D, Ordinance No. 07-20: FLOOD DAMAGE PREVENTION ORDINANCE; and E. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
F. Conduct a Public Hearing and consideration of approving an Ordinance amending the Development Plan for Lot 1, Block 1, Josey Acres, City of Red Oak, Ellis County, Texas, located south of Highway 2377, and west of Lowrance Road, requested by Steve Skipper.
Mayor Pro Tem Goodwyn opened the Public Hearing. Owner Steve Skipper spoke in favor of the amended Development Plan. Nanette Paghi and Danny Douthit expressed their opinions. No one spoke in opposition. Councilmember Lindsey made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve Ordinance No. 07-21: AN ORDINANCE OF THE CITY OF RED OAK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM PLANNED DEVELOPMENT - 42 (“PD-42”) TO PLANNED DEVELOPMENT-42, REVISED (“PD-42, REVISED) TO PROVIDE FOR AN AMENDED SITE PLAN AND ELEVATIONS FOR PROPERTY LOCATED ON JOSEY LANE SOUTH OF HIGHWAY 2377 AND WEST OF LOWRANCE ROAD, AND BEING MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK 1, OF SKIPPER ADDITION, AN ADDITION TO THE CITY OF RED OAK, ELLIS COUNTY TEXAS, AND BEING APPROXIMATELY 1.1277 ACRES OF LAND, ACCORDING TO THE PLAT RECORDED IN CABINET B, SLIDE 24, PLAT RECORDS, ELLIS COUNTY, TEXAS; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING FOR THE APPROVAL OF THE AMENDED SITE PLAN AND ELEVATIONS, WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBITS “A” AND “B,” RESPECTIVELY; 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 condition that a 3/12 roof pitch be added to the concept plan.
G. Conduct a Public Hearing and consideration of approving a waiver from the standard subdivision requirements, permitting a 3-inch water line without fire hydrants instead of the required 8-inch water line with fire hydrants, for approximately 19 acres in the Robert Crow Survey, Abstract 199, City of Red Oak, Ellis County, Texas, located south of Stainback Road and east of Batchler Road, requested by Leland and Pan Abbott.
Mayor Pro Tem Goodwyn opened the Public Hearing. Owner Leland Abbott spoke in favor of the waiver and no one spoke in opposition. Councilmember Smith made the motion, seconded by Councilmember Bell to close the Public Hearing. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the waiver from the standard subdivision requirements, permitting a 3-inch water line without fire hydrants instead of the required 8-inch water line with fire hydrants, for approximately 19 acres in the Robert Crow Survey, Abstract 199, City of Red Oak, Ellis County, Texas. The motion was unanimous.
H. Consideration of approving an agreement for annual audit services for the 2007 fiscal year.
Councilmember Bell made the motion, seconded by Councilmember Lindsey to approve the agreement with Witherspoon, Yeldell & Wilson P. C. for annual audit services in the amount of $22,500 for the 2007 fiscal year. The motion was unanimous.
I. Consideration of approving a resignation and an appointment to the Planning & Zoning Commission for a term expiring June 2008.
Councilmember Hargrove made the motion, seconded by Councilmember Smith to approve the resignation of Heath Nichols and approve the appointment of Alan Hugley from an alternate member to a regular member, for a term expiring June 2008, and the appointment of Steve Miller as an alternate member for a term expiring June 2008. The motion was unanimous.
J. Consideration of approving the sale of a portion of land located on northeast Red Oak Road originally obtained through an easement purchase for the Red Oak Road project.
Councilmember Bell made the motion, seconded by Councilmember Hargrove to authorize the Interim City Manager to undertake the sale of the portion of land located on northeast Red Oak Road. The motion was unanimous.
K. Consideration of declaring a vacancy in the office of Mayor and approving a Resolution ordering a Special Election to be held on November 6, 2007, to fill the vacancy.
Councilmember Hargrove made the motion, seconded by Councilmember Smith to declare a vacancy in the office of Mayor and approve Resolution No. 07-14: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS, CALLING FOR A SPECIAL ELECTION TO BE HELD ON OCTOBER 16, 2007, ESTABLISHING PROCEDURES FOR THAT ELECTION; PROVIDING FOR A RUN-OFF DATE AND ESTABLISHING PROCEDURES FOR THAT ELECTION; AUTHORIZING A METHOD OF VOTING FOR EACH ELECTION; AND PROVIDING AND ESTABLISHING AN EFFECTIVE DATE. The motion was unanimous.
L. Discussion and consideration of approving the Interim City Manager’s appointment of a Police Chief and approving an employment agreement.
Council discussed the appointment and was introduced to Craig Rudolph. Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve the appointment of Craig Rudolph as the Police Chief and authorized the Interim City Manager to execute the employment agreement. The motion was unanimous.
M. Consideration of approving a Resolution approving the terms and conditions of an Indigent Care Affiliation Agreement between the City of Red Oak and East Texas Medical Center.
Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to approve Resolution No. 07-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS APPROVING THE TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN THE CITY OF RED OAK AND EAST TEXAS MEDICAL CENTER PROVIDING FOR THE MEDICAL CARE OF ELLIS COUNTY QUALIFIED INDIGENT PATIENTS, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”; AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
N. Discussion and consideration of approving the Public Hearing dates, times, and place to consider a proposed tax rate of up to .667 cents per $100 of assessed valuation and an increase in tax revenues, for the proposed Fiscal Year 2008 Budget.
Councilmember Smith made the motion, seconded by Councilmember Hargrove to approve September 4, 2007, at 6:00 P.M. and September 10, 2007, at 7:00 P.M., in the Council Chambers of the Red Oak Municipal Center, to be the Public Hearing dates, times and place to consider the proposed tax rate and the increase in tax revenues for the City of Red Oak. The motion was unanimous.
O. Consideration of approving a Fiscal Year 2008 Salary Plan for the City of Red Oak.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve the Fiscal Year 2008 Salary Plan for the City of Red Oak with the correction of the Police Chief salary. The motion was unanimous.
P. Consideration of approving an Ordinance authorizing and allowing “Updated Service Credits” and for increased prior and current service annuities for city retirees.
Councilmember Smith made the motion, seconded by Councilmember Hargrove to approve Option 1, Ordinance No. 07-22: AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, “UPDATED SERVICE CREDITS” IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF RED OAK; PROVIDING FOR INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. The motion was unanimous.
Q. Consideration of approving the Mayor Pro Tem’s appointment of a Deputy Mayor Pro Tem.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve the Mayor Pro Tem’s appointment of Councilmember Eric Smith as the Deputy Mayor Pro Tem. The motion carried 4 – 0, with Councilmember Lindsey, Councilmember Hargrove, Mayor Pro Tem Goodwyn and Councilmember Bell voting in favor. Councilmember Smith abstained.
R. Discussion and possible consideration of approving a Resolution adopting an official City newspaper, effective October 1, 2007.
Council discussed the option of using the Red Oak Record as the official City Newspaper. It was determined that the Red Oak Record would have to have been circulating in the City for at least one year to be the official newspaper and that around December 12, 2007 would be the newspaper’s one year anniversary. Councilmember Hargrove made the motion, seconded by Councilmember Bell to approve Resolution No. 07-16: A RESOLUTION DESIGNATING THE RED OAK RECORD AS THE OFFICIAL NEWSPAPER FOR THE CITY OF RED OAK, TEXAS AND DESIGNATING THE WAXAHACHIE DAILY LIGHT AS AN ALTERNATE NEWSPAPER; APPROVING THE TERMS AND CONDITIONS OF THE AGREEMENT; AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE with the condition that it would be effective on December 12, 2007. The motion carried 4 – 1 with Mayor Pro Tem Goodwyn, Councilmember Lindsey, Councilmember Hargrove and Councilmember Bell voting in favor of the Resolution and Councilmember Smith voting in opposition.
S. Discussion and consideration of approving recommendations from the Fire Department concerning construction issues at the new fire/police substation.
Council and staff discussed the options for sprinkler systems and alarms for the new substation. Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to authorize a change order for a sprinkler system in the kitchen area and a monitor fire alarm system in the rest of the building as recommended. The motion was unanimous.
T. Discussion concerning the preliminary FY 2008 Budget.
Council and staff discussed the preliminary FY 2008 Budget.
VI. EXECUTIVE SESSION - Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, the City Council for the City of Red Oak 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 Sections §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 deliberate pending or contemplated litigation 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. The City Council shall convene into closed Executive Session pursuant to Section §551.071 (2) of the Texas Government Code to seek advice from the City Attorney concerning state and federal law regarding compensation of city employees.
Council convened into Executive Session at 8:56 P.M. and re-convened into Open Session at 9:45 P.M.
VII. OPEN SESSION
U. Consideration of approving any action as a result of discussion in Executive Session A.
Councilmember Lindsey made the motion, seconded by Councilmember Smith to direct the Interim City Manager to investigate negotiations for city boundaries with other cities.
V. Consideration of approving any action as a result of discussion in Executive Session B.
No action was taken.
VIII. REPORTS
Asst. Finance Director Report – Current year finance update
City Engineer Report - Major Project Schedule
HR Director Report – Update on City Manager selection
Interim City Manager Report – Update on zoning issues
No reports were given.
IX. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Kevin Davis spoke to Council about his issues with a city sewer line. Chris Moses asked about the filing date for Mayor and issues with Ferris.
X. ADJOURNMENT
Mayor Pro Tem Goodwyn adjourned the meeting at 9:53 P.M.
________________________________
Ben Goodwyn, Mayor Pro Tem
Attested: ________________________
Judy Grant, City Secretary
