8:00 AM
NOVEMBER 2005 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, November 14, 2005, 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 7:00 P.M. Members present were Mayor Todd Little, Councilmember Eric Smith, Councilmember Ben Goodwyn and Councilmember Casey Hargrove. Mayor Pro Tem Gary Autrey and Councilmember Scott Lindsey were absent. Mayor Little declared that a quorum was present.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Scott Green with the Greenery gave the Invocation and Councilmember Hargrove led the Council and Citizens in the Pledge of Allegiance.
III. PRESENTATIONS – City Secretary, City Engineer-In-Training and the Director of Economic Development.
Mayor Little gave presentations to City Secretary, Judy Grant; City Engineer, David Ridgway; and Director of Economic Development, Todd Fuller.
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 October 6, 2005 Special City Council Workshop and the October 11, 2005 Regular City Council Meeting.
B. Consideration of approving a Texas Forestry Grant in the amount of $2,100.00 for rope rescue training for the Red Oak Fire Department.
C. Consideration of approving a bid in the amount of $150 from Blackstone Development for a .009 acre tract of land west of Highway 342 and south of Main Street at the railroad tracks, an Ordinance authorizing the sale of the parcel and authorizing the City Manager to execute a deed without warranty.
D. Consideration of approving a Resolution to form a Regional Law Enforcement Mutual Aid Task Force Agreement with other area law enforcement agencies for the purpose of providing and receiving law enforcement assistance.
E. Consideration of approving an Ordinance vacating and abandoning street right-of-way on Houston School Road.
Councilmember Smith made the motion, seconded by Councilmember Goodwyn to approve Consent Agenda Items A; B; C, Ordinance No. 05-72: AN ORDINANCE OF THE CITY OF RED OAK, TEXAS AUTHORIZING THE SALE OF A SMALL PARCEL OF REAL PROPERTY LOCATED IN THE SAMUEL BILLINGSLEY SURVEY; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED WITHOUT WARRANTY CONVEYING THE SAME; AND PROVIDING AN EFFECTIVE DATE; D, Resolution No. 05-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED OAK TO FORM A REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT WITH OTHER AREA LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF PROVIDING AND RECEIVING LAW ENFORCEMENT ASSISTANCE; and E, 05-73: AN ORDINANCE VACATING AND ABANDONING STREET RIGHT OF WAY IN THE CITY OF RED OAK, ELLIS COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF RED OAK TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF THIS RIGHT OF WAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
F. Conduct a Public Hearing and consideration of approving an Ordinance for an amended Development Plan for Main Street Plaza, 205 S. Main, being Lot 2R, Block B, Red Oak Business Park No. 1, City of Red Oak, Ellis County, Texas, west of Highway 342 and south of Red Oak Road, requested by Randy Shelly.
Mayor Little opened the Public Hearing. Randy Shelly spoke in favor of the amended Development Plan and no one spoke in opposition. Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to close the Public Hearing. The motion was unanimous. Councilmember Hargrove made the motion, seconded by Councilmember Smith to approve Ordinance No. 05-74: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, THE UNIFIED DEVELOPMENT CODE AND APPROVING AN AMENDED DEVELOPMENT PLAN FOR MAIN STREET PLAZA, 2005 SOUTH MAIN STREET, LOT 2R, BLOCK B, RED OAK BUSINESS PARK NO. 1, LOCATED WEST OF HIGHWAY 342 AND SOUTH OF RED OAK ROAD, CITY OF RED OAK, ELLIS COUNTY, TEXAS; 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. The motion was unanimous.
G. Conduct a Public Hearing and consideration of approving an Ordinance for a zoning change from Agriculture (AG) to Mixed Use Center Planned Development (PD) and approving a Development Plan for approximately one acre, William B. Haynes Survey, A-486, City of Red Oak, Ellis County, Texas, also known as 3708 N. Hwy. 77, requested by Deborah Green.
Mayor Little opened the Public Hearing. Deborah Green spoke in favor of the zoning change and Development Plan. No one spoke in opposition. Councilmember Smith made the motion, seconded by Councilmember Goodwyn to close the Public Hearing. The motion was unanimous. Councilmember Goodwyn made the motion, seconded by Councilmember Smith to approve Ordinance No. 05-75: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, THE UNIFIED DEVELOPMENT CODE BY APPROVING A ZONING CHANGE FROM AGRICULTURAL DISTRICT “AG” TO MIXED USE CENTER PLANNED DEVELOPMENT “PD” FOR APPROXIMATELY 1 ACRE OF LAND LOCATED AT 3708 NORTH HIGHWAY 77, IN THE WILLIAM B. HAYNES SURVEY, ABSTRACT 486, AND APPROVING A DEVELOPMENT PLAN; AMENDING THE OFFICIAL ZONING MAP; 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. The motion was unanimous.
H. Conduct a Public Hearing and consideration of approving an Ordinance for a Specific Use Permit for commercial amusement (Billiards establishment) in a Commercial-1 (C-1) zoning, located at the Ovilla Road Plaza Shopping Center, 132 E. Ovilla Road, Suite 12, City of Red Oak, Ellis County, Texas, requested by Mike Johnson.
Mayor Little opened the Public Hearing. Mike Johnson spoke in favor of the Specific Use Permit for commercial amusement. No one spoke in opposition. Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to close the Public Hearing. The motion was unanimous. Councilmember Goodwyn made the motion to approve the ordinance with the conditions that it would close at 11:00 p.m. on weekdays, at 12:00 a.m. on weekends and at 6:00 p.m. on Sundays and would include accessory sales. The motion failed due to lack of a second. Councilmember Hargrove made the motion, seconded by Councilmember Smith to approve the
ordinance with the condition that it would include regular uses of C-1 Districts. The motion failed 2 – 1 with Councilmember Hargrove and Smith voting in favor and Councilmember Goodwyn voting in opposition. Councilmember Goodwyn made the motion, seconded by Councilmember Smith to approve Ordinance No. 05-76: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, AS AMENDED, THE RED OAK UNIFORM DEVELOPMENT CODE BY GRANTING A SPECIFIC USE PERMIT FOR COMMERCIAL AMUSEMENT (BILLIARDS ESTABLISHMENT), IN A COMMERCIAL – 1 (C-1) ZONING DISTRICT, LOCATED AT 132 EAST OVILLA ROAD, SUITE 12, IN THE OVILLA ROAD PLAZA SHOPPING CENTER, IN THE J SPOON SURVEY, ABSTRACT 1014, CITY OF RED OAK, ELLIS COUNTY, TEXAS 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, with the condition that it would be based on the owners consent of establishment hours (11:00 p.m. weekdays, 12:00 a.m. weekends, and 6:00 p.m. Sundays) and it would include all C-1 District uses. The motion was unanimous.
I. Discussion and presentation concerning Ellis County facilities.
John Davis, Ellis County Facilities Committee presented a power point presentation to Council concerning the need for new Ellis County facilities.
J. Consideration of approving a Resolution authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent utility easement for use by the city for a water line extension.
Councilmember Goodwyn made the motion, seconded by Councilmember Smith to approve Resolution No. 05-26: A RESOLUTION OF THE CITY OF RED OAK, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A PERMANENT UTILITY EASEMENT AND A TEMPORARY UTILITY CONSTRUCTION EASEMENT FOR USE BY THE CITY FOR A WATER SUPPLY LINE OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW. The motion was unanimous.
K. Introduction and interview of potential board, commission and committee applicants.
Diana Merrill-Claussen, Tim Lightfoot and Chandra Patton were introduced to Council and stated their qualifications.
L. Discussion and presentation of marketing video.
Director of Economic Development presented several marketing videos that could be used on the City of Red Oak Web Site. Council agreed to the use of these videos.
M. Consideration of approving the design of a City of Red Oak Flag.
Councilmember Hargrove made the motion, seconded by Councilmember Goodwyn to approve a design for the City of Red Oak Flag with only the “RO” logo and “Red Oak, Texas” displayed.
N. Discussion and consideration of approving a Resolution to cast votes to elect Directors for the Ellis Central Appraisal District for the years 2006 – 2007.
Candidate Leon Thompson and Candidate Phil Lynch addressed Council concerning their qualifications for the position. Councilmember Smith made the motion, seconded by Councilmember Hargrove to table this Agenda Item until the December meeting. The motion was unanimous.
VI. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
No one spoke.
VII. ADJOURNMENT
Mayor Little adjourned the meeting at 9:05 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, November 14, 2005, 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 7:00 P.M. Members present were Mayor Todd Little, Councilmember Eric Smith, Councilmember Ben Goodwyn and Councilmember Casey Hargrove. Mayor Pro Tem Gary Autrey and Councilmember Scott Lindsey were absent. Mayor Little declared that a quorum was present.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Scott Green with the Greenery gave the Invocation and Councilmember Hargrove led the Council and Citizens in the Pledge of Allegiance.
III. PRESENTATIONS – City Secretary, City Engineer-In-Training and the Director of Economic Development.
Mayor Little gave presentations to City Secretary, Judy Grant; City Engineer, David Ridgway; and Director of Economic Development, Todd Fuller.
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 October 6, 2005 Special City Council Workshop and the October 11, 2005 Regular City Council Meeting.
B. Consideration of approving a Texas Forestry Grant in the amount of $2,100.00 for rope rescue training for the Red Oak Fire Department.
C. Consideration of approving a bid in the amount of $150 from Blackstone Development for a .009 acre tract of land west of Highway 342 and south of Main Street at the railroad tracks, an Ordinance authorizing the sale of the parcel and authorizing the City Manager to execute a deed without warranty.
D. Consideration of approving a Resolution to form a Regional Law Enforcement Mutual Aid Task Force Agreement with other area law enforcement agencies for the purpose of providing and receiving law enforcement assistance.
E. Consideration of approving an Ordinance vacating and abandoning street right-of-way on Houston School Road.
Councilmember Smith made the motion, seconded by Councilmember Goodwyn to approve Consent Agenda Items A; B; C, Ordinance No. 05-72: AN ORDINANCE OF THE CITY OF RED OAK, TEXAS AUTHORIZING THE SALE OF A SMALL PARCEL OF REAL PROPERTY LOCATED IN THE SAMUEL BILLINGSLEY SURVEY; AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED WITHOUT WARRANTY CONVEYING THE SAME; AND PROVIDING AN EFFECTIVE DATE; D, Resolution No. 05-25: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED OAK TO FORM A REGIONAL LAW ENFORCEMENT MUTUAL AID TASK FORCE AGREEMENT WITH OTHER AREA LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF PROVIDING AND RECEIVING LAW ENFORCEMENT ASSISTANCE; and E, 05-73: AN ORDINANCE VACATING AND ABANDONING STREET RIGHT OF WAY IN THE CITY OF RED OAK, ELLIS COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF RED OAK TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF THIS RIGHT OF WAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
F. Conduct a Public Hearing and consideration of approving an Ordinance for an amended Development Plan for Main Street Plaza, 205 S. Main, being Lot 2R, Block B, Red Oak Business Park No. 1, City of Red Oak, Ellis County, Texas, west of Highway 342 and south of Red Oak Road, requested by Randy Shelly.
Mayor Little opened the Public Hearing. Randy Shelly spoke in favor of the amended Development Plan and no one spoke in opposition. Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to close the Public Hearing. The motion was unanimous. Councilmember Hargrove made the motion, seconded by Councilmember Smith to approve Ordinance No. 05-74: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, THE UNIFIED DEVELOPMENT CODE AND APPROVING AN AMENDED DEVELOPMENT PLAN FOR MAIN STREET PLAZA, 2005 SOUTH MAIN STREET, LOT 2R, BLOCK B, RED OAK BUSINESS PARK NO. 1, LOCATED WEST OF HIGHWAY 342 AND SOUTH OF RED OAK ROAD, CITY OF RED OAK, ELLIS COUNTY, TEXAS; 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. The motion was unanimous.
G. Conduct a Public Hearing and consideration of approving an Ordinance for a zoning change from Agriculture (AG) to Mixed Use Center Planned Development (PD) and approving a Development Plan for approximately one acre, William B. Haynes Survey, A-486, City of Red Oak, Ellis County, Texas, also known as 3708 N. Hwy. 77, requested by Deborah Green.
Mayor Little opened the Public Hearing. Deborah Green spoke in favor of the zoning change and Development Plan. No one spoke in opposition. Councilmember Smith made the motion, seconded by Councilmember Goodwyn to close the Public Hearing. The motion was unanimous. Councilmember Goodwyn made the motion, seconded by Councilmember Smith to approve Ordinance No. 05-75: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, THE UNIFIED DEVELOPMENT CODE BY APPROVING A ZONING CHANGE FROM AGRICULTURAL DISTRICT “AG” TO MIXED USE CENTER PLANNED DEVELOPMENT “PD” FOR APPROXIMATELY 1 ACRE OF LAND LOCATED AT 3708 NORTH HIGHWAY 77, IN THE WILLIAM B. HAYNES SURVEY, ABSTRACT 486, AND APPROVING A DEVELOPMENT PLAN; AMENDING THE OFFICIAL ZONING MAP; 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. The motion was unanimous.
H. Conduct a Public Hearing and consideration of approving an Ordinance for a Specific Use Permit for commercial amusement (Billiards establishment) in a Commercial-1 (C-1) zoning, located at the Ovilla Road Plaza Shopping Center, 132 E. Ovilla Road, Suite 12, City of Red Oak, Ellis County, Texas, requested by Mike Johnson.
Mayor Little opened the Public Hearing. Mike Johnson spoke in favor of the Specific Use Permit for commercial amusement. No one spoke in opposition. Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to close the Public Hearing. The motion was unanimous. Councilmember Goodwyn made the motion to approve the ordinance with the conditions that it would close at 11:00 p.m. on weekdays, at 12:00 a.m. on weekends and at 6:00 p.m. on Sundays and would include accessory sales. The motion failed due to lack of a second. Councilmember Hargrove made the motion, seconded by Councilmember Smith to approve the
ordinance with the condition that it would include regular uses of C-1 Districts. The motion failed 2 – 1 with Councilmember Hargrove and Smith voting in favor and Councilmember Goodwyn voting in opposition. Councilmember Goodwyn made the motion, seconded by Councilmember Smith to approve Ordinance No. 05-76: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, AS AMENDED, THE RED OAK UNIFORM DEVELOPMENT CODE BY GRANTING A SPECIFIC USE PERMIT FOR COMMERCIAL AMUSEMENT (BILLIARDS ESTABLISHMENT), IN A COMMERCIAL – 1 (C-1) ZONING DISTRICT, LOCATED AT 132 EAST OVILLA ROAD, SUITE 12, IN THE OVILLA ROAD PLAZA SHOPPING CENTER, IN THE J SPOON SURVEY, ABSTRACT 1014, CITY OF RED OAK, ELLIS COUNTY, TEXAS 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, with the condition that it would be based on the owners consent of establishment hours (11:00 p.m. weekdays, 12:00 a.m. weekends, and 6:00 p.m. Sundays) and it would include all C-1 District uses. The motion was unanimous.
I. Discussion and presentation concerning Ellis County facilities.
John Davis, Ellis County Facilities Committee presented a power point presentation to Council concerning the need for new Ellis County facilities.
J. Consideration of approving a Resolution authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent utility easement for use by the city for a water line extension.
Councilmember Goodwyn made the motion, seconded by Councilmember Smith to approve Resolution No. 05-26: A RESOLUTION OF THE CITY OF RED OAK, TEXAS AUTHORIZING THE CITY ATTORNEY TO BRING A CONDEMNATION ACTION FOR THE PURPOSE OF OBTAINING A PERMANENT UTILITY EASEMENT AND A TEMPORARY UTILITY CONSTRUCTION EASEMENT FOR USE BY THE CITY FOR A WATER SUPPLY LINE OR FOR OTHER PUBLIC PURPOSES PERMITTED BY LAW. The motion was unanimous.
K. Introduction and interview of potential board, commission and committee applicants.
Diana Merrill-Claussen, Tim Lightfoot and Chandra Patton were introduced to Council and stated their qualifications.
L. Discussion and presentation of marketing video.
Director of Economic Development presented several marketing videos that could be used on the City of Red Oak Web Site. Council agreed to the use of these videos.
M. Consideration of approving the design of a City of Red Oak Flag.
Councilmember Hargrove made the motion, seconded by Councilmember Goodwyn to approve a design for the City of Red Oak Flag with only the “RO” logo and “Red Oak, Texas” displayed.
N. Discussion and consideration of approving a Resolution to cast votes to elect Directors for the Ellis Central Appraisal District for the years 2006 – 2007.
Candidate Leon Thompson and Candidate Phil Lynch addressed Council concerning their qualifications for the position. Councilmember Smith made the motion, seconded by Councilmember Hargrove to table this Agenda Item until the December meeting. The motion was unanimous.
VI. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
No one spoke.
VII. ADJOURNMENT
Mayor Little adjourned the meeting at 9:05 P.M.
________________________________
Todd B. Little, Mayor
Attested: ________________________
Judy Grant, City Secretary
