7:00 PM
OCTOBER 2007 CITY COUNCIL REGULAR MEETING
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, OCTOBER 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 Pro Tem Goodwyn called the meeting to order at 7:00 p.m. and declared a quorum present and notices legally posted. 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
Mayor Pro Tem Goodwyn gave the Invocation and Councilmember Smith led the Council and Citizens in the Pledge of Allegiance.
III. RECOGNITION – Tourism Coordinator Lauren Whatley
Ms. Whatley was not present.
IV. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council. Limited to three minutes from each citizen.
No one spoke.
V. CONSENT AGENDA – Consent Items
“All matters listed under Item V. 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. Consider approval of the minutes of the September 4, 2007 and September 5, 2007 Special City Council Meetings, the September 10, 2007 Regular City Council Meeting and the September 17, 2007, Special City Council Meeting.
B. Consider approval of changing the date of the Monday, November 12, 2007, Regular City Council Meeting to Tuesday, November 13, 2007.
C. Consider approval of a Resolution suspending the October 25, 2007, effective date of ATMOS Energy Corp., Mid-Tex division requested rate change to permit the city time to study the request and to establish reasonable rates.
D. Consider approval of an Ordinance amending the contract for ambulance services with East Texas Medical Service.
E. Consider approval of permanent drainage easements, right-of-way easements and sidewalk easements for the Red Oak Road Project.
F. Consider approval of an expense by the Red Oak Economic Development Corporation for the relocation of a sewer line.
G. Consider approval of a change order with Freese & Nichols for right-of-way documents for the Red Oak Road Project.
Councilmember Smith made the motion, seconded by Councilmember Bell to approve Consent Agenda Items A; B; C, Resolution No. 07-19: RESOLUTION OF THE CITY OF RED OAK, TEXAS, SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS ENERGY CORP., MID-TEX DIVISION SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES’ RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; D, Ordinance No. AN ORDINANCE OF THE CITY OF RED OAK, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AMENDMENT NO. 1 TO THE AGREEMENT FOR AMBULANCE SERVICES BY AND BETWEEN THE CITY OF RED, OAK AND EAST TEXAS MEDICAL CENTER d/b/a EAST TEXAS MEDICAL CENTER EMERGENCY MEDICAL SERVICE; AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT FOR AMBULANCE SERVICES, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”: AND PROVIDING AN EFFECTIVE DATE; E; F; and G. The motion was unanimous.
VI. COUNCIL BUSINESS - OPEN SESSION
H. Introduction, discussion and consider approval of a Resolution for candidate nomination(s) for the Ellis Central Appraisal District Board of Directors for the years 2008-2009.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to nominate Phillip Lynch for the Ellis Central Appraisal District Board of Directors for the years 2008-2009. The motion was unanimous.
I. Consider approval of a revised Preliminary Plat for Lots 1 and 2, Block A, and Lot 1, Block B, Waterview Commercial Center, being an 11.309 acre addition in the S. McCommas Survey, Abstract 695, and the J. E. Patton Survey, Abstract 839, City of Red Oak, Ellis County, Texas, requested by Charlie Bertrand.
Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the Preliminary Plat with the contingencies listed in Exhibit “A” on the 8.32 acres and a Development Agreement shall be executed with the City prior to issuing any building permits on said property. The motion was unanimous.
J. Consider approval of a Development Agreement with Howitzer International.
See motion in Agenda Item I.
K. Consider approval of appointments to the Library Advisory Board.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to move Tamera Moses from an alternate position on the Library Advisory Board to a regular position for a term expiring October 2009, and approve the reappointment of Mary Leggitt and Gloria Evans to regular positions for terms expiring October 2009. The motion was unanimous.
L. Consider acceptance of a resignation from the Parks and Recreation Commission, approval of the appointment of a regular member for a term expiring June 2009 and the appointment of an alternate member.
Councilmember Bell made the motion, seconded by Councilmember Hargrove to approve the resignation of Jeffrey Smith from the Parks & Recreation Commission, to move Ralph Madden Sr. from an alternate position to a regular position expiring June 2009, and appoint Joe Perez to an alternate position expiring June 2009. The motion was unanimous.
M. Discussion concerning drainage issues in the City of Red Oak.
City Engineer Gina Garcia addressed Council concerning the drainage issues in the City.
N. Discussion and consider approval of the purchase of additional park land.
Director of Parks & Recreation Michael Hopping presented a power point presentation of the proposed park land. Councilmember Bell made the motion, seconded by Councilmember Lindsey to authorize the City Manager to enter into negotiations to purchase the park land. The motion was unanimous.
O. Discussion concerning school zones and traffic control for Red Oak Elementary.
Police Chief Craig Rudolph addressed Council concerning the school zone issues and traffic control issues for Red Oak Elementary.
P. Consider approval of the City Manager’s appointment of an Acting City Manager.
Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the City Manager’s appointment of Todd Fuller as Acting City Manager. The motion was unanimous.
Q. Consider rejecting all bids for the construction of Red Oak Road paving improvements and authorize the City Manager’s designee to re-bid the project.
City Engineer Garcia stated that bids would need to be rejected and re-bid due to addendums. Councilmember Hargrove made the motion, seconded by Councilmember Smith to reject the bids and authorizing the City Manager’s designee to re-bid the project. The motion was unanimous.
VII. 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 pursuant to Section §551.072 (Deliberations about Real Property), and Section §551.074 (to deliberate personnel matters), of the Texas Government Code (the “Act”), for the following:
A. To deliberate the purchase of right-of-way for the Red Oak Road Project.
B. 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 convened into Executive Session at 8:20 P.M. and reconvened into Open Session at 8:40 P.M.
VIII. OPEN SESSION
R. Consideration of approving any action as a result of discussion in Executive Session A.
No action was taken.
S. Consideration of approving any action as a result of discussion in Executive Session B.
No action was taken.
IX. REPORTS
Asst. Finance Director Laurie Smith reported on current year finances.
City Engineer Gina Garcia reported on the major projects schedule.
X. ADJOURNMENT
Mayor Pro Tem Goodwyn adjourned the meeting at 8:58 P.M.
________________________________
Alan Hugley, Mayor
Attested: ________________________
Scott Albert, City Manager/City Secretary
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, OCTOBER 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 Pro Tem Goodwyn called the meeting to order at 7:00 p.m. and declared a quorum present and notices legally posted. 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
Mayor Pro Tem Goodwyn gave the Invocation and Councilmember Smith led the Council and Citizens in the Pledge of Allegiance.
III. RECOGNITION – Tourism Coordinator Lauren Whatley
Ms. Whatley was not present.
IV. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council. Limited to three minutes from each citizen.
No one spoke.
V. CONSENT AGENDA – Consent Items
“All matters listed under Item V. 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. Consider approval of the minutes of the September 4, 2007 and September 5, 2007 Special City Council Meetings, the September 10, 2007 Regular City Council Meeting and the September 17, 2007, Special City Council Meeting.
B. Consider approval of changing the date of the Monday, November 12, 2007, Regular City Council Meeting to Tuesday, November 13, 2007.
C. Consider approval of a Resolution suspending the October 25, 2007, effective date of ATMOS Energy Corp., Mid-Tex division requested rate change to permit the city time to study the request and to establish reasonable rates.
D. Consider approval of an Ordinance amending the contract for ambulance services with East Texas Medical Service.
E. Consider approval of permanent drainage easements, right-of-way easements and sidewalk easements for the Red Oak Road Project.
F. Consider approval of an expense by the Red Oak Economic Development Corporation for the relocation of a sewer line.
G. Consider approval of a change order with Freese & Nichols for right-of-way documents for the Red Oak Road Project.
Councilmember Smith made the motion, seconded by Councilmember Bell to approve Consent Agenda Items A; B; C, Resolution No. 07-19: RESOLUTION OF THE CITY OF RED OAK, TEXAS, SUSPENDING THE OCTOBER 25, 2007, EFFECTIVE DATE OF ATMOS ENERGY CORP., MID-TEX DIVISION REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH ATMOS CITIES STEERING COMMITTEE AND OTHER CITIES IN THE ATMOS ENERGY CORP., MID-TEX DIVISION SERVICE AREA TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; REQUIRING REIMBURSEMENT OF CITIES’ RATE CASE EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; D, Ordinance No. AN ORDINANCE OF THE CITY OF RED OAK, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AMENDMENT NO. 1 TO THE AGREEMENT FOR AMBULANCE SERVICES BY AND BETWEEN THE CITY OF RED, OAK AND EAST TEXAS MEDICAL CENTER d/b/a EAST TEXAS MEDICAL CENTER EMERGENCY MEDICAL SERVICE; AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT FOR AMBULANCE SERVICES, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT “A”: AND PROVIDING AN EFFECTIVE DATE; E; F; and G. The motion was unanimous.
VI. COUNCIL BUSINESS - OPEN SESSION
H. Introduction, discussion and consider approval of a Resolution for candidate nomination(s) for the Ellis Central Appraisal District Board of Directors for the years 2008-2009.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to nominate Phillip Lynch for the Ellis Central Appraisal District Board of Directors for the years 2008-2009. The motion was unanimous.
I. Consider approval of a revised Preliminary Plat for Lots 1 and 2, Block A, and Lot 1, Block B, Waterview Commercial Center, being an 11.309 acre addition in the S. McCommas Survey, Abstract 695, and the J. E. Patton Survey, Abstract 839, City of Red Oak, Ellis County, Texas, requested by Charlie Bertrand.
Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the Preliminary Plat with the contingencies listed in Exhibit “A” on the 8.32 acres and a Development Agreement shall be executed with the City prior to issuing any building permits on said property. The motion was unanimous.
J. Consider approval of a Development Agreement with Howitzer International.
See motion in Agenda Item I.
K. Consider approval of appointments to the Library Advisory Board.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to move Tamera Moses from an alternate position on the Library Advisory Board to a regular position for a term expiring October 2009, and approve the reappointment of Mary Leggitt and Gloria Evans to regular positions for terms expiring October 2009. The motion was unanimous.
L. Consider acceptance of a resignation from the Parks and Recreation Commission, approval of the appointment of a regular member for a term expiring June 2009 and the appointment of an alternate member.
Councilmember Bell made the motion, seconded by Councilmember Hargrove to approve the resignation of Jeffrey Smith from the Parks & Recreation Commission, to move Ralph Madden Sr. from an alternate position to a regular position expiring June 2009, and appoint Joe Perez to an alternate position expiring June 2009. The motion was unanimous.
M. Discussion concerning drainage issues in the City of Red Oak.
City Engineer Gina Garcia addressed Council concerning the drainage issues in the City.
N. Discussion and consider approval of the purchase of additional park land.
Director of Parks & Recreation Michael Hopping presented a power point presentation of the proposed park land. Councilmember Bell made the motion, seconded by Councilmember Lindsey to authorize the City Manager to enter into negotiations to purchase the park land. The motion was unanimous.
O. Discussion concerning school zones and traffic control for Red Oak Elementary.
Police Chief Craig Rudolph addressed Council concerning the school zone issues and traffic control issues for Red Oak Elementary.
P. Consider approval of the City Manager’s appointment of an Acting City Manager.
Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the City Manager’s appointment of Todd Fuller as Acting City Manager. The motion was unanimous.
Q. Consider rejecting all bids for the construction of Red Oak Road paving improvements and authorize the City Manager’s designee to re-bid the project.
City Engineer Garcia stated that bids would need to be rejected and re-bid due to addendums. Councilmember Hargrove made the motion, seconded by Councilmember Smith to reject the bids and authorizing the City Manager’s designee to re-bid the project. The motion was unanimous.
VII. 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 pursuant to Section §551.072 (Deliberations about Real Property), and Section §551.074 (to deliberate personnel matters), of the Texas Government Code (the “Act”), for the following:
A. To deliberate the purchase of right-of-way for the Red Oak Road Project.
B. 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 convened into Executive Session at 8:20 P.M. and reconvened into Open Session at 8:40 P.M.
VIII. OPEN SESSION
R. Consideration of approving any action as a result of discussion in Executive Session A.
No action was taken.
S. Consideration of approving any action as a result of discussion in Executive Session B.
No action was taken.
IX. REPORTS
Asst. Finance Director Laurie Smith reported on current year finances.
City Engineer Gina Garcia reported on the major projects schedule.
X. ADJOURNMENT
Mayor Pro Tem Goodwyn adjourned the meeting at 8:58 P.M.
________________________________
Alan Hugley, Mayor
Attested: ________________________
Scott Albert, City Manager/City Secretary
