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    APRIL 2006 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, April 10, 2006, 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 B. Little, Mayor Pro Tem Gary Autrey, Councilmember Ben Goodwyn, Councilmember Scott Lindsey and Councilmember Casey Hargrove.  Mayor Little declared that a quorum was present.  Councilmember Eric Smith arrived during III. Proclamation & Presentations.

    II. INVOCATION & PLEDGE OF ALLEGIANCE

    Councilmember Lindsey gave the Invocation.  Captain Les Thomas led the Council and Citizens in the Pledge of Allegiance.

    III. PROCLAMATION & PRESENTATIONS – Certificate of Merit for Red Oak Firemen, Technical Rescue Presentation and Arbor Day Proclamation.

    Mayor Little presented the Arbor Day Proclamation to Director of Parks & Recreation Michael Hopping.  Certificates of Merit were given by Fire Chief Eric Thompson to Captain Les Thomas, Firefighter Brad Muirhead, Firefighter Jorge Guerrero, Firefighter David Petricca, Captain Kyle Taylor and Captain Larry Johnson.  Fire Chief Thompson gave a power point presentation on the Fire Departments new rescue truck.

    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 7, 2006 Special City Council Meeting/Workshop, the March 13, 2006, Regular City Council Meeting and the March 28, 2006 Special City Council Meeting.

    B. Consideration of approving a Resolution suspending the May 30, 2006, effective date of the proposal by ATMOS Energy Corp., Mid-Tex Division to implement interim grip rate adjustments for gas utility investment in 2005 for a period of 45 days.

    Councilmember Lindsey made the motion, seconded by Mayor Pro Tem Autrey to approve Consent Agenda Items A; and B., Resolution No. 06-08:  A RESOLUTION BY THE CITY OF RED OAK, TEXAS SUSPENDING THE MAY 30, 2006, EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2005; AUTHORIZING PARTICIPATION WITH THE GAS STANDING STEERING COMMITTEE IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL.  The motion was unanimous.

    V. COUNCIL BUSINESS – OPEN SESSION

    C. Consideration of approving the removal of Library Advisory Board Member(s) and approving the appointment of new Regular and Alternate Members.

    Councilmember Goodwyn made the motion, seconded by Mayor Pro Tem Autrey to remove Dee Alamo from the Library Advisory Board and move Alternate Member Terry McAdams to a Regular Member of the Library Advisory Board for the term ending October 2007.  The motion was unanimous.

    D. Discussion with Wildwood Development Company concerning a proposed residential development located north of Eastridge Elementary on Ovilla Road.

    Tommy James with Wildwood Development Company led the discussion concerning the proposed residential development located north of Eastridge Elementary on Ovilla Road.

    E. Discussion concerning a revision for an approved Plat/Development Plan for the Heritage Addition residential development, located at Houston School Road and the Dallas/Ellis County line.

    Charles Starnes, Consulting Engineer for the Heritage Addition led the discussion concerning a revision of an approved Plat/Development Plan for the residential development located at Houston School Road and the Dallas/Ellis County line and asked Council for direction.

    F. Discussion and consideration of approving a Resolution to set the dates, time and place for the Public Hearings and authorizing the publication of such Public Hearing notices and the preparation of service plans for the proposed voluntary annexation of approximately 1.1277 acres of land west of Lowrance Road, south of FM Highway 2377 and northwest of Josey Lane and abutting the existing city limits of Red Oak on two sides, requested by Steve Skipper.

    Council discussed the proposed voluntary annexation with owner Steve Skipper.  City Attorney Betsy Elam suggested that a Developers Agreement be drawn up concerning the infrastructure and development of the property.  Councilmember Goodwyn made the motion, seconded by Mayor Pro Tem Autrey to approve Resolution No. 06-09:  A RESOLUTION OF THE CITY OF RED OAK, TEXAS, SETTING THE DATES, TIME AND PLACE FOR THE PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY, APPROXIMATELY 1.1277 ACRES OF LAND, LOT 1, BLOCK 1, JOSEY ACRES, AS DEPICTED ON EXHIBIT “A”, BY THE CITY OF RED OAK, TEXAS; AUTHORIZING THE PREPARATION OF THE SERVICE PLANS; AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; AND ESTABLISHING AN EFFECTIVE DATE, with the condition that the owner would enter into a Developers Agreement with the City.  The motion was unanimous.

    G. Consideration of approving a Resolution to nominate a candidate for the Ellis Central Appraisal District Board of Directors for the years 2006-2007 to fill a vacancy.

    Council did not take action on this item.

    H. Consideration of approving a Preliminary Plat for Pratt Farms, being 12.977 acres and 6 residential lots in the R. H. Younger Survey, Abstract 1196, H. P. Crum Survey, Abstract 1196, E. S. Miller Survey, Abstract 702, ETJ of the City of Red Oak, Ellis County, Texas, requested by Lee Schmitt, New House Marketing, Inc.

    Councilmember Hargrove made the motion, seconded by Councilmember Smith to deny the approval of the Preliminary Plat for Pratt Farms.  The motion was unanimous.

    I. Discussion concerning the 2007 City of Red Oak Fiscal Year Budget.

    City Manager Ken Pfeifer discussed the progress on the FY 2007 Budget with Council.

     VI. EXECUTIVE SESSION
     
    Pursuant to Section §551.071 of the Texas Government Code (the “Act”), the Council reserves the right to convene in Executive Session(s), from time to time as deemed necessary during this meeting for any posted agenda item, to receive advice from its attorney as permitted by law.

    Council did not convene into Executive Session.

    VII. REPORTS

    City Manager Ken Pfeifer gave the following reports to Council: UDC and maps update, Parks and Recreation progress, CCN research, City website revision, Payments on the internet and the $1.2 grant.

    VIII.CITIZENS TO BE HEARD

    Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.

    Phyllis Brooks addressed Council concerning smoking problems in Hilltop Acres.  Attorney Laurie Hamlett addressed Council concerning problems with the Red Oak Municipal Court and the Municipal Judge.

    IX.  ADJOURNMENT

    Mayor Little adjourned the meeting at 9:56 P.M.

     ________________________________

    Todd B. Little, Mayor

    Attested: ________________________

                Judy Grant, City Secretary

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