7:00 PM
JUNE 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, June 12, 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:
Ron Bryce
Eric Smith
Ken Pfeifer
Scott Lindsey
City Secretary:
Casey Hargrove
Judy Grant
Ben Goodwyn
Gary Autrey
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 Ron Bryce called the meeting to order at 7:00 P.M. Members present were: Mayor Ron Bryce, Mayor Pro Tem Gary Autrey, Councilmember Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey and Councilmember Casey Hargrove. A quorum was declared present and all notices posted.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Councilmember Lindsey gave the Invocation and led the Council and Citizens in the Pledge of Allegiance.
III. CONSENT AGENDA – Consent Items
“All matters listed under Item III. 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 May 8, 2006, Regular City Council Meeting, the May 15, 2006 and May 16, 2006, Special City Council Meetings and the May 25, 2006, Budget Workshop.
B. Consideration of approving Memorandums of Understanding with area agencies for the City’s Emergency Operations Plan.
C. Consideration of approving an engineering contract with Freese & Nichols for the paving and drainage design services of Red Oak Road, North Main Street and Water Street, for an amount not to exceed $385,832 and for the engineering design services of the Deer Creek Sanitary Sewer Project, for an amount not to exceed $125,000; and approving an engineering contract with RJN for the engineering and surveying services for the SH342 sub mains, the Brushy Creek Lift station and force main and the Lowrance Road sub main, for an amount not to exceed $319,505.
D. Consideration of approving a Resolution authorizing CAPP to enter into a contract for electricity to secure the best wholesale electric price for area cities.
E. Consideration of approving a settlement agreement with TXU to resolve outstanding franchise issues.
F. Consideration of denying a grant application for sewer in Beckley Pikes.
G. Consideration of approving an Ordinance denying the request of ATMOS Energy Corp., Mid-Tex Division, for an annual Gas Reliability Infrastructure Program (GRIP) rate increase in this municipality.
H. Consideration of approving a Resolution to deny the system-wide gas rate increase filed by ATMOS Energy Corp., Mid-Tex Division, on May 31, 2006.
Councilmember Lindsey made the motion, seconded by Councilmember Goodwyn to approve Consent Agenda Items A; B; C, subject to final City Attorney approval, D, Resolution No. 06-11: A RESOLUTION OF THE CITY OF RED OAK, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2007; AUTHORIZING CAPP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING THE CHAIRMAN OF CAPP TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2007; AND COMMITTING TO BUDGET FOR ENERGY PURCHASES IN 2007 AND 2008 AND TO HONOR THE CITY OF RED OAK’S COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2007 AND 2008 THROUGH CAPP; E; F; G, Ordinance No. 06-18: AN ORDINANCE OF THE CITY OF RED OAK, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY’S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY’S ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION; and H, Resolution No. 06-12: A RESOLUTION OF THE CITY OF RED OAK, TEXAS, ENDORSING THE EFFORTS OF THE ATMOS CITIES STEERING COMMITTEE TO REDUCE RATES OF ATMOS ENERGY CORP., MID-TEX DIVISION; DENYING ATMOS ENERGY CORP., MID-TEX DIVISION’S STATEMENT OF INTENT TO INCREASE THE GAS UTILITY RATES WITHIN THE CITY; AUTHORIZING INTERVENTION IN ANY NECESSARY PROCEEDINGS AFFECTING CITY’S INTERESTS BEFORE ADMINISTRATIVE OR JUDICIAL BODIES AND PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS ADOPTED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. The motion was unanimous.
IV. COUNCIL BUSINESS – OPEN SESSION
I. Introductions and consideration of approving appointments to the Economic Development Board, the Planning & Zoning Board, the Parks & Recreation Commission, the Library Advisory Board and the Zoning Board of Adjustment.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve Jerry Hill as an Alternate member of the Library Advisory Board for the term ending October 2007. The motion was unanimous. Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to approve the reappointment of Robin Stephenson and Ginny Lindsey to the Parks and Recreation Commission as Regular Members and the appointment of Johnny Pearson Sr. to the Parks and Recreation Commission as a Regular Member for terms ending June 2008. The motion was unanimous. Councilmember Goodwyn made the motion, seconded by Councilmember Lindsey to approve Lydia Bryce as an Alternate Member of the Parks and Recreation Commission for the term ending June 2008. The motion was unanimous. Councilmember Goodwyn made the motion, seconded by Mayor Pro Tem Autrey to approve the reappointment of Ron Waldrop and Tdon Comer as Regular Members and approve the appointment of Keith Crabtree and Charles Daubitz as Alternate Members of the Zoning Board of Adjustment for terms ending June 2008. The motion was unanimous. Councilmember Hargrove made the motion, seconded by Councilmember Goodwyn to approve the reappointment of Kevin McDonnell and approve the appointments of Kristopher Reeder and Jack Edwards as Alternate Members of the Economic Development Corporation for the terms ending June 2008. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the reappointments of Heath Nichols and Bill Cornett as Regular Members and Tom Wilson as an Alternate Member of the Planning and Zoning Commission for the terms ending June 2008. The motion was unanimous.
J. Consideration of approving the Mayor’s recommendation for Mayor Pro Tem.
Mayor Bryce thanked Mayor Pro Tem Autrey for his service to the City of Red Oak as Mayor Pro Tem. Mayor Bryce recommended Councilmember Ben Goodwyn as Mayor Pro Tem. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve Ben Goodwyn as Mayor Pro Tem for a one-year term. The motion carried 4 – 0 with one abstention. Councilmember Smith, Councilmember Lindsey, Councilmember Hargrove and Councilmember Autrey voted in favor, no one voted in opposition and Councilmember Goodwyn abstained.
K. Presentation and discussion by CASA to request funding for child advocacy services.
Judge Greg Wilheim presented a power point presentation to Council and requested funding for child advocacy services.
L. Conduct a Public Hearing and consideration of approving an Ordinance for an Amended Development Plan for the Woods of Red Oak and approving a Preliminary Plat, being a 222 lot SFR subdivision, in the George Parks Survey, A-836, City of Red Oak, Ellis County, Texas, further described as being located north of Red Oak Road and west of Methodist Street, requested by Tipton Engineers.
Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion was unanimous. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to approve the Amended Development Plan for the Woods of Red Oak, Ordinance No. 06-19: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, THE UNIFIED DEVELOPMENT CODE AND APPROVING AN AMENDED DEVELOPMENT PLAN FOR THE WOODS OF RED OAK, BEING A 59.103 ACRE RESIDENTIAL SUBDIVISION LOCATED IN THE GEORGE C. PARKS SURVEY, ABSTRACT 836, AN ADDITION TO THE CITY OF RED OAK, ELLIS COUNTY, TEXAS, TO INCREASE THE MINIMUM SIZE OF THE DWELLINGS FROM 1,500 SQUARE FEET TO 1,750 SQUARE FEET, ADDING A 24 FOOT EMERGENCY ACCESS EASEMENT, AND TO CONSTRUCT AN 8 FOOT HIKE/BIKE/WALKING TRAIL WITHIN A 10 FOOT EASEMENT; 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.
M. Consideration of approving a Resolution supporting the recruitment of a Super Target in the City of Red Oak.
Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve Resolution No. 06-13, in support of a Super Target for the City of Red Oak, Texas. The motion was unanimous.
N. Consideration of approving an Ordinance for the 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, requested by Steve Skipper.
Councilmember Smith made the motion, seconded by Councilmember Lindsey to table Agenda Item N until the June 20, 2006 Special Meeting. The motion was unanimous.
O. Conduct a Public Hearing and consideration of approving an Ordinance for a zoning change from Agriculture (AG) to Planned Development (PD) and a Development Plan, for Lot 1, Block 1, Josey Acres, an addition to the City of Red Oak, Ellis County, Texas, according to the plat recorded in Cabinet B, Slide 24, requested by Steve Skipper.
Mayor Bryce opened the Public Hearing. Owner/Developer Steve Skipper spoke in favor of the zoning change and Development Plan. Citizen Christy Kent stated that she was not against the zoning change and Development Plan as long as all recommendations made at the Planning and Zoning Commission Meeting were met. Two other Citizens spoke against the Development Plan. Councilmember Hargrove 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 Smith to table Agenda Item O. The motion was unanimous.
P. Discussion concerning the 2007 City of Red Oak Fiscal Year Budget.
City Manager Ken Pfeifer addressed Council concerning the 2007 City of Red Oak Fiscal Year Budget.
V. 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.
A. To receive advice from its attorney concerning the Palmer Community Action Group; ET AL vs. City of Red Oak, County of Ellis Cause No. 69600.
Mayor Bryce convened Council into Executive Session at 8:13 P.M. City Attorney Elam advised Mayor Bryce that the Executive Session Item needed to be read in Open Session. Mayor Bryce read the Executive Session Item in Open Session and convened the Council into Executive Session at 8:20 P.M. Council reconvened into Open Session at 8:56 P.M.
VI. REPORTS – City Manager
City Manager Pfeifer gave Council reports on the following: UDC and maps update, Parks and Recreation progress, TXU solution for electric poles on Ovilla Road, CCN research, Wal-Mart update and IESI waste service rate increase.
VII. 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.
VIII. ADJOURNMENT
Mayor Bryce adjourned the Meeting at 8:57 P.M.
________________________________
Ron Bryce, 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, June 12, 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: |
| Ron Bryce | Eric Smith | Ken Pfeifer |
| Scott Lindsey | City Secretary: | |
| Casey Hargrove | Judy Grant | |
| Ben Goodwyn
Gary Autrey |
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 Ron Bryce called the meeting to order at 7:00 P.M. Members present were: Mayor Ron Bryce, Mayor Pro Tem Gary Autrey, Councilmember Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey and Councilmember Casey Hargrove. A quorum was declared present and all notices posted.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Councilmember Lindsey gave the Invocation and led the Council and Citizens in the Pledge of Allegiance.
III. CONSENT AGENDA – Consent Items
“All matters listed under Item III. 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 May 8, 2006, Regular City Council Meeting, the May 15, 2006 and May 16, 2006, Special City Council Meetings and the May 25, 2006, Budget Workshop.
B. Consideration of approving Memorandums of Understanding with area agencies for the City’s Emergency Operations Plan.
C. Consideration of approving an engineering contract with Freese & Nichols for the paving and drainage design services of Red Oak Road, North Main Street and Water Street, for an amount not to exceed $385,832 and for the engineering design services of the Deer Creek Sanitary Sewer Project, for an amount not to exceed $125,000; and approving an engineering contract with RJN for the engineering and surveying services for the SH342 sub mains, the Brushy Creek Lift station and force main and the Lowrance Road sub main, for an amount not to exceed $319,505.
D. Consideration of approving a Resolution authorizing CAPP to enter into a contract for electricity to secure the best wholesale electric price for area cities.
E. Consideration of approving a settlement agreement with TXU to resolve outstanding franchise issues.
F. Consideration of denying a grant application for sewer in Beckley Pikes.
G. Consideration of approving an Ordinance denying the request of ATMOS Energy Corp., Mid-Tex Division, for an annual Gas Reliability Infrastructure Program (GRIP) rate increase in this municipality.
H. Consideration of approving a Resolution to deny the system-wide gas rate increase filed by ATMOS Energy Corp., Mid-Tex Division, on May 31, 2006.
Councilmember Lindsey made the motion, seconded by Councilmember Goodwyn to approve Consent Agenda Items A; B; C, subject to final City Attorney approval, D, Resolution No. 06-11: A RESOLUTION OF THE CITY OF RED OAK, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2007; AUTHORIZING CAPP TO ACT AS AN AGENT ON BEHALF OF THE CITY TO ENTER INTO A CONTRACT FOR ELECTRICITY; AUTHORIZING THE CHAIRMAN OF CAPP TO EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY EFFECTIVE JANUARY 1, 2007; AND COMMITTING TO BUDGET FOR ENERGY PURCHASES IN 2007 AND 2008 AND TO HONOR THE CITY OF RED OAK’S COMMITMENTS TO PURCHASE POWER FOR ITS ELECTRICAL NEEDS IN 2007 AND 2008 THROUGH CAPP; E; F; G, Ordinance No. 06-18: AN ORDINANCE OF THE CITY OF RED OAK, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY’S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY’S ACTION TO THE RAILROAD COMMISSION; PROVIDING A REQUIREMENT FOR A PROMPT REIMBURSEMENT OF COSTS INCURRED BY THE CITY; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION; and H, Resolution No. 06-12: A RESOLUTION OF THE CITY OF RED OAK, TEXAS, ENDORSING THE EFFORTS OF THE ATMOS CITIES STEERING COMMITTEE TO REDUCE RATES OF ATMOS ENERGY CORP., MID-TEX DIVISION; DENYING ATMOS ENERGY CORP., MID-TEX DIVISION’S STATEMENT OF INTENT TO INCREASE THE GAS UTILITY RATES WITHIN THE CITY; AUTHORIZING INTERVENTION IN ANY NECESSARY PROCEEDINGS AFFECTING CITY’S INTERESTS BEFORE ADMINISTRATIVE OR JUDICIAL BODIES AND PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS ADOPTED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. The motion was unanimous.
IV. COUNCIL BUSINESS – OPEN SESSION
I. Introductions and consideration of approving appointments to the Economic Development Board, the Planning & Zoning Board, the Parks & Recreation Commission, the Library Advisory Board and the Zoning Board of Adjustment.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve Jerry Hill as an Alternate member of the Library Advisory Board for the term ending October 2007. The motion was unanimous. Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to approve the reappointment of Robin Stephenson and Ginny Lindsey to the Parks and Recreation Commission as Regular Members and the appointment of Johnny Pearson Sr. to the Parks and Recreation Commission as a Regular Member for terms ending June 2008. The motion was unanimous. Councilmember Goodwyn made the motion, seconded by Councilmember Lindsey to approve Lydia Bryce as an Alternate Member of the Parks and Recreation Commission for the term ending June 2008. The motion was unanimous. Councilmember Goodwyn made the motion, seconded by Mayor Pro Tem Autrey to approve the reappointment of Ron Waldrop and Tdon Comer as Regular Members and approve the appointment of Keith Crabtree and Charles Daubitz as Alternate Members of the Zoning Board of Adjustment for terms ending June 2008. The motion was unanimous. Councilmember Hargrove made the motion, seconded by Councilmember Goodwyn to approve the reappointment of Kevin McDonnell and approve the appointments of Kristopher Reeder and Jack Edwards as Alternate Members of the Economic Development Corporation for the terms ending June 2008. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the reappointments of Heath Nichols and Bill Cornett as Regular Members and Tom Wilson as an Alternate Member of the Planning and Zoning Commission for the terms ending June 2008. The motion was unanimous.
J. Consideration of approving the Mayor’s recommendation for Mayor Pro Tem.
Mayor Bryce thanked Mayor Pro Tem Autrey for his service to the City of Red Oak as Mayor Pro Tem. Mayor Bryce recommended Councilmember Ben Goodwyn as Mayor Pro Tem. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve Ben Goodwyn as Mayor Pro Tem for a one-year term. The motion carried 4 – 0 with one abstention. Councilmember Smith, Councilmember Lindsey, Councilmember Hargrove and Councilmember Autrey voted in favor, no one voted in opposition and Councilmember Goodwyn abstained.
K. Presentation and discussion by CASA to request funding for child advocacy services.
Judge Greg Wilheim presented a power point presentation to Council and requested funding for child advocacy services.
L. Conduct a Public Hearing and consideration of approving an Ordinance for an Amended Development Plan for the Woods of Red Oak and approving a Preliminary Plat, being a 222 lot SFR subdivision, in the George Parks Survey, A-836, City of Red Oak, Ellis County, Texas, further described as being located north of Red Oak Road and west of Methodist Street, requested by Tipton Engineers.
Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion was unanimous. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to approve the Amended Development Plan for the Woods of Red Oak, Ordinance No. 06-19: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, THE UNIFIED DEVELOPMENT CODE AND APPROVING AN AMENDED DEVELOPMENT PLAN FOR THE WOODS OF RED OAK, BEING A 59.103 ACRE RESIDENTIAL SUBDIVISION LOCATED IN THE GEORGE C. PARKS SURVEY, ABSTRACT 836, AN ADDITION TO THE CITY OF RED OAK, ELLIS COUNTY, TEXAS, TO INCREASE THE MINIMUM SIZE OF THE DWELLINGS FROM 1,500 SQUARE FEET TO 1,750 SQUARE FEET, ADDING A 24 FOOT EMERGENCY ACCESS EASEMENT, AND TO CONSTRUCT AN 8 FOOT HIKE/BIKE/WALKING TRAIL WITHIN A 10 FOOT EASEMENT; 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.
M. Consideration of approving a Resolution supporting the recruitment of a Super Target in the City of Red Oak.
Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve Resolution No. 06-13, in support of a Super Target for the City of Red Oak, Texas. The motion was unanimous.
N. Consideration of approving an Ordinance for the 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, requested by Steve Skipper.
Councilmember Smith made the motion, seconded by Councilmember Lindsey to table Agenda Item N until the June 20, 2006 Special Meeting. The motion was unanimous.
O. Conduct a Public Hearing and consideration of approving an Ordinance for a zoning change from Agriculture (AG) to Planned Development (PD) and a Development Plan, for Lot 1, Block 1, Josey Acres, an addition to the City of Red Oak, Ellis County, Texas, according to the plat recorded in Cabinet B, Slide 24, requested by Steve Skipper.
Mayor Bryce opened the Public Hearing. Owner/Developer Steve Skipper spoke in favor of the zoning change and Development Plan. Citizen Christy Kent stated that she was not against the zoning change and Development Plan as long as all recommendations made at the Planning and Zoning Commission Meeting were met. Two other Citizens spoke against the Development Plan. Councilmember Hargrove 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 Smith to table Agenda Item O. The motion was unanimous.
P. Discussion concerning the 2007 City of Red Oak Fiscal Year Budget.
City Manager Ken Pfeifer addressed Council concerning the 2007 City of Red Oak Fiscal Year Budget.
V. 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.
A. To receive advice from its attorney concerning the Palmer Community Action Group; ET AL vs. City of Red Oak, County of Ellis Cause No. 69600.
Mayor Bryce convened Council into Executive Session at 8:13 P.M. City Attorney Elam advised Mayor Bryce that the Executive Session Item needed to be read in Open Session. Mayor Bryce read the Executive Session Item in Open Session and convened the Council into Executive Session at 8:20 P.M. Council reconvened into Open Session at 8:56 P.M.
VI. REPORTS – City Manager
City Manager Pfeifer gave Council reports on the following: UDC and maps update, Parks and Recreation progress, TXU solution for electric poles on Ovilla Road, CCN research, Wal-Mart update and IESI waste service rate increase.
VII. 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.
VIII. ADJOURNMENT
Mayor Bryce adjourned the Meeting at 8:57 P.M.
________________________________
Ron Bryce, Mayor
Attested: ________________________
Judy Grant, City Secretary
