7:00 PM
JULY 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, July 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:
Ron Bryce
Eric Smith
Ken Pfeifer
Mayor Pro Tem:
Scott Lindsey
City Secretary:
Ben Goodwyn
Casey Hargrove
Judy Grant
Gary Autrey
City Attorney:
Debra Drayovitch
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 Bryce opened the meeting at 7:00 P.M., declared a quorum to be present and declared notices legally posted pursuant to the Open Meetings Act. Members present were Mayor Ron Bryce, Mayor Pro Tem Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, Councilmember Casey Hargrove and Councilmember Gary Autrey.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Councilmember Smith gave the Invocation and led the Council and Citizens in the Pledge of Allegiance.
Mayor Bryce presented the “Shop Red Oak Proclamation” to Red Oak Area Chamber Representative Tracy Ryder and Pam Lynch with the Education Foundation. Ms. Ryder addressed council concerning the Shop Red Oak event.
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 June 12, 2006 Regular City Council Meeting and the June 20, 2006 Special City Council Meeting.
B. Consideration of approving a Resolution to remodel and expand the existing Ellis County Appraisal District facility.
C. Consideration of approving an engineering agreement with Crannell, Crannell & Martin for engineering design and survey services for the abandonment of Brothers Blvd. Lift Station and design of a sub-main line to Red Oak Creek for an amount not to exceed $18,261.33.
D. Consideration of approving an Ordinance regulating water wells within the City’s CCN area for liability and water contamination reasons.
E. Consideration of approving spending $14,544 from the TXU settlement payment in 2006 on trail projects in the Parks and Recreation Department.
F. Consideration of approving an Ordinance amending the City of Red Oak’s Water Conservation and Drought Contingency Plan by adding that outside water use shall be limited to the hours of 7 P.M. to 5 A.M. in Stage 2 on odd-even days, and residential and commercial/industrial lawn watering shall be limited to the hours of 9 P.M. to 5 A.M. on permitted watering days in Stage 3.
G. Consideration of approving a Resolution on the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the City and an Economic Development Program Agreement by and between the City of Red Oak and Applebee’s International, Inc.
H. Consideration of approving an amendment to the Local Project Advance Funding Agreement with the Texas Department of Transportation to increase the project funding of Red Oak Road from I-35E to Live Oak Street by $1,000,000 to increase construction from 2-lanes to 4-lanes.
I. Consideration of approving an Ordinance to adopt the 2003 International Residential Code, NTCOG amendments and the Appendixes which includes fences and safety devices for swimming pools.
J. Consideration of approving an Ordinance giving the City Manager authority to sign off on amended plats due to clerical or distance errors.
K. Consideration of approving a state-of-the-art Electronic Ticket Writing System for the Police Department.
Councilmember Autrey made the motion, seconded by Mayor Pro Tem Goodwyn to approve Consent Agenda Items A; B, Resolution No. 06-14: A RESOLUTION FOR THE ELLIS CENTRAL APPRAISAL DISTRICT FACILITIES PROPOSAL; C; D, Ordinance No. 06-21: AN ORDINANCE AMENDING ARTICLE IX OF THE CITY OF RED OAK CODE OF ORDINANCES, AS AMENDED, TO ADD CHAPTER 99“PRIVATE WATER WELLS” REGULATING THE DRILLING OF PRIVATE WATER WELLS WITHIN THE CITY; CREATING A PERMITTING PROCESS FOR THE DRILLING OF PRIVATE WATER WELLS; ESTABLISHING SAFETY REGULATIONS FOR THE DRILLING OF PRIVATE WATER WELLS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING INEFFECTIVE DATE; E; F, Ordinance No. 06-22: AN ORDINANCE AMENDING ARTICLE IX OF THE CITY OF RED OAK CODE OF ORDINANCES, AS AMENDED, TO AMEND CHAPTER 97 “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN” TO ADD TIME PERIODS DURING WHICH WATERING IS RESTRICTED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE, G, Resolution No. 06-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BY AND BETWEEN THE CITY OF RED OAK (“CITY”) AND APPLEBEE’S INTERNATIONAL, INC. (APPLEBEE’S); AND PROVIDING AN EFFECTIVE DATE contingent up City Attorney approval; H; I, Ordinance No.06-23: AN ORDINANCE OF THE CITY OF RED OAK ADOPTING THE 2003 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, AS AMENDED; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; REPEALING CONFLICTING ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE; J, Ordinance No. 06-24: AN ORDINANCE OF THE CITY OF RED OAK AMENDING ORDINANCE NO. 89-02, UNIFIED DEVELOPMENT CODE, ARTICLE X, BY ADDING A NEW SECTION 8A, PERMITTING THE CITY MANAGER TO APPROVE MINOR AND AMENDING PLATS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE, and K. The motion was unanimous.
IV. COUNCIL BUSINESS – OPEN SESSION
L. Introduction and consideration of approving an appointment to the Parks & Recreation Commission.
Applicant Max Shrank was introduced and addressed council. Mrs. Jeffrey Smith spoke for her husband who was unable to attend the meeting. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the appointment of Jeffrey Smith to the Parks & Recreation Commission. The motion failed 2 – 3 with Councilmember Lindsey and Councilmember Smith voting in favor and Mayor Pro Tem Goodwyn, Councilmember Hargrove and Councilmember Autrey voting in opposition to the appointment. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to approve the appointment of Max Shrank as an Alternate Member of the Parks & Recreation Commission for the term ending June 2007. The motion carried 3 – 2 with Councilmember Hargrove, Mayor Pro Tem Goodwyn and Councilmember Autrey voting in favor of the appointment and Councilmember Lindsey and Councilmember Smith voting in opposition.
M. Consideration of approving an Ordinance for an IESI Consumer Price Index rate increase for residential and commercial garbage collection.
Bob Kneis with IESI addressed Council concerning the requested Consumer Price Index rate increase. Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to approve the rate increase. The motion carried 4 – 1 with Councilmember Hargrove, Councilmember Lindsey, Mayor Pro Tem Goodwyn and Councilmember Autrey voting in favor of the rate increase and Councilmember Smith voting in opposition.
N. Discussion and presentation by Parks and Recreation and staff concerning trail project options and costs.
Director of Parks and Recreation Michael Hopping presented Council with option and costs on trail projects within the City. Council discussed the options.
O. Conduct a Public Hearing and consideration of approving an Ordinance for an amended Development Plan, including a restaurant and private club for Lot 2, Block C, S & H Business Park, being a 1.3 acre addition in the George C. Parks Survey, Abstract 836, City of Red Oak, Ellis County, Texas, further described as being located south of Ovilla Road and east of Interstate 35, requested by BSW International.
Mayor Bryce opened the Public Hearing. Applebee’s Representative Jill Holdridge and Citizen Todd Little spoke in favor of the Development Plan. No one spoke in opposition. Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to close the Public Hearing. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the Applebee’s Development Plan with the conditions that the sign is limited to 50 feet high and there would be flexibility to move the driveway. The motion was unanimous.
P. Discussion concerning Stage 2 of the City’s Water Conservation & Drought Contingency Plan.
City Manager Ken Pfeifer and Director of Public Works Charles Bertrand led the discussion with Council concerning the possibility of the City needing to go to Stage 2 of the Water Conservation & Drought Contingency Plan.
Q. Consideration of approving a Resolution authorizing the City Attorney to bring a condemnation action for the purpose of obtaining permanent street right-of-way, permanent drainage easement and temporary construction easements for street construction and/or extension or for other public purposes permitted by law.
This Agenda Item was pulled by request of the Oaks Fellowship Church.
R. Conduct a Public Hearing concerning the 2005 Drinking Water Quality Report for the City of Red Oak.
Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition to the 2005 Drinking Water Quality Report. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Hargrove to close the Public Hearing. The motion was unanimous.
S. Discussion concerning the 2007 City of Red Oak Fiscal Year Budget.
City Manager Ken Pfeifer led the discussion with Council concerning the proposed City of Red Oak 2007 Fiscal Year Budget.
V. REPORTS – City Manager
City Manager Pfeifer updated Council on the following:
UDC, subdivision ordinance and maps update, Parks and Recreation progress, COG 2040 Demographics, Public Works project schedule, Water Conservation & Drought Contingency Plan and Downtown Business Plan.
VI. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Mrs. Jeffrey Smith asked that her husband’s application for the Parks & Recreation Commission remain on file for future position consideration.
VII. ADJOURNMENT
Mayor Bryce adjourned the meeting at 8:05 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, July 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: |
| Ron Bryce | Eric Smith | Ken Pfeifer |
| Mayor Pro Tem: | Scott Lindsey | City Secretary: |
| Ben Goodwyn | Casey Hargrove | Judy Grant |
| Gary Autrey | City Attorney:
Debra Drayovitch |
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 Bryce opened the meeting at 7:00 P.M., declared a quorum to be present and declared notices legally posted pursuant to the Open Meetings Act. Members present were Mayor Ron Bryce, Mayor Pro Tem Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, Councilmember Casey Hargrove and Councilmember Gary Autrey.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Councilmember Smith gave the Invocation and led the Council and Citizens in the Pledge of Allegiance.
Mayor Bryce presented the “Shop Red Oak Proclamation” to Red Oak Area Chamber Representative Tracy Ryder and Pam Lynch with the Education Foundation. Ms. Ryder addressed council concerning the Shop Red Oak event.
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 June 12, 2006 Regular City Council Meeting and the June 20, 2006 Special City Council Meeting.
B. Consideration of approving a Resolution to remodel and expand the existing Ellis County Appraisal District facility.
C. Consideration of approving an engineering agreement with Crannell, Crannell & Martin for engineering design and survey services for the abandonment of Brothers Blvd. Lift Station and design of a sub-main line to Red Oak Creek for an amount not to exceed $18,261.33.
D. Consideration of approving an Ordinance regulating water wells within the City’s CCN area for liability and water contamination reasons.
E. Consideration of approving spending $14,544 from the TXU settlement payment in 2006 on trail projects in the Parks and Recreation Department.
F. Consideration of approving an Ordinance amending the City of Red Oak’s Water Conservation and Drought Contingency Plan by adding that outside water use shall be limited to the hours of 7 P.M. to 5 A.M. in Stage 2 on odd-even days, and residential and commercial/industrial lawn watering shall be limited to the hours of 9 P.M. to 5 A.M. on permitted watering days in Stage 3.
G. Consideration of approving a Resolution on the terms and conditions of a program to promote economic development and stimulate business and commercial activity in the City and an Economic Development Program Agreement by and between the City of Red Oak and Applebee’s International, Inc.
H. Consideration of approving an amendment to the Local Project Advance Funding Agreement with the Texas Department of Transportation to increase the project funding of Red Oak Road from I-35E to Live Oak Street by $1,000,000 to increase construction from 2-lanes to 4-lanes.
I. Consideration of approving an Ordinance to adopt the 2003 International Residential Code, NTCOG amendments and the Appendixes which includes fences and safety devices for swimming pools.
J. Consideration of approving an Ordinance giving the City Manager authority to sign off on amended plats due to clerical or distance errors.
K. Consideration of approving a state-of-the-art Electronic Ticket Writing System for the Police Department.
Councilmember Autrey made the motion, seconded by Mayor Pro Tem Goodwyn to approve Consent Agenda Items A; B, Resolution No. 06-14: A RESOLUTION FOR THE ELLIS CENTRAL APPRAISAL DISTRICT FACILITIES PROPOSAL; C; D, Ordinance No. 06-21: AN ORDINANCE AMENDING ARTICLE IX OF THE CITY OF RED OAK CODE OF ORDINANCES, AS AMENDED, TO ADD CHAPTER 99“PRIVATE WATER WELLS” REGULATING THE DRILLING OF PRIVATE WATER WELLS WITHIN THE CITY; CREATING A PERMITTING PROCESS FOR THE DRILLING OF PRIVATE WATER WELLS; ESTABLISHING SAFETY REGULATIONS FOR THE DRILLING OF PRIVATE WATER WELLS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING INEFFECTIVE DATE; E; F, Ordinance No. 06-22: AN ORDINANCE AMENDING ARTICLE IX OF THE CITY OF RED OAK CODE OF ORDINANCES, AS AMENDED, TO AMEND CHAPTER 97 “WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN” TO ADD TIME PERIODS DURING WHICH WATERING IS RESTRICTED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE, G, Resolution No. 06-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A PROGRAM TO PROMOTE ECONOMIC DEVELOPMENT AND STIMULATE BUSINESS AND COMMERCIAL ACTIVITY IN THE CITY; APPROVING AN ECONOMIC DEVELOPMENT PROGRAM AGREEMENT BY AND BETWEEN THE CITY OF RED OAK (“CITY”) AND APPLEBEE’S INTERNATIONAL, INC. (APPLEBEE’S); AND PROVIDING AN EFFECTIVE DATE contingent up City Attorney approval; H; I, Ordinance No.06-23: AN ORDINANCE OF THE CITY OF RED OAK ADOPTING THE 2003 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE, AS AMENDED; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS THERETO; REPEALING CONFLICTING ORDINANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE; J, Ordinance No. 06-24: AN ORDINANCE OF THE CITY OF RED OAK AMENDING ORDINANCE NO. 89-02, UNIFIED DEVELOPMENT CODE, ARTICLE X, BY ADDING A NEW SECTION 8A, PERMITTING THE CITY MANAGER TO APPROVE MINOR AND AMENDING PLATS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE, and K. The motion was unanimous.
IV. COUNCIL BUSINESS – OPEN SESSION
L. Introduction and consideration of approving an appointment to the Parks & Recreation Commission.
Applicant Max Shrank was introduced and addressed council. Mrs. Jeffrey Smith spoke for her husband who was unable to attend the meeting. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the appointment of Jeffrey Smith to the Parks & Recreation Commission. The motion failed 2 – 3 with Councilmember Lindsey and Councilmember Smith voting in favor and Mayor Pro Tem Goodwyn, Councilmember Hargrove and Councilmember Autrey voting in opposition to the appointment. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to approve the appointment of Max Shrank as an Alternate Member of the Parks & Recreation Commission for the term ending June 2007. The motion carried 3 – 2 with Councilmember Hargrove, Mayor Pro Tem Goodwyn and Councilmember Autrey voting in favor of the appointment and Councilmember Lindsey and Councilmember Smith voting in opposition.
M. Consideration of approving an Ordinance for an IESI Consumer Price Index rate increase for residential and commercial garbage collection.
Bob Kneis with IESI addressed Council concerning the requested Consumer Price Index rate increase. Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to approve the rate increase. The motion carried 4 – 1 with Councilmember Hargrove, Councilmember Lindsey, Mayor Pro Tem Goodwyn and Councilmember Autrey voting in favor of the rate increase and Councilmember Smith voting in opposition.
N. Discussion and presentation by Parks and Recreation and staff concerning trail project options and costs.
Director of Parks and Recreation Michael Hopping presented Council with option and costs on trail projects within the City. Council discussed the options.
O. Conduct a Public Hearing and consideration of approving an Ordinance for an amended Development Plan, including a restaurant and private club for Lot 2, Block C, S & H Business Park, being a 1.3 acre addition in the George C. Parks Survey, Abstract 836, City of Red Oak, Ellis County, Texas, further described as being located south of Ovilla Road and east of Interstate 35, requested by BSW International.
Mayor Bryce opened the Public Hearing. Applebee’s Representative Jill Holdridge and Citizen Todd Little spoke in favor of the Development Plan. No one spoke in opposition. Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to close the Public Hearing. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the Applebee’s Development Plan with the conditions that the sign is limited to 50 feet high and there would be flexibility to move the driveway. The motion was unanimous.
P. Discussion concerning Stage 2 of the City’s Water Conservation & Drought Contingency Plan.
City Manager Ken Pfeifer and Director of Public Works Charles Bertrand led the discussion with Council concerning the possibility of the City needing to go to Stage 2 of the Water Conservation & Drought Contingency Plan.
Q. Consideration of approving a Resolution authorizing the City Attorney to bring a condemnation action for the purpose of obtaining permanent street right-of-way, permanent drainage easement and temporary construction easements for street construction and/or extension or for other public purposes permitted by law.
This Agenda Item was pulled by request of the Oaks Fellowship Church.
R. Conduct a Public Hearing concerning the 2005 Drinking Water Quality Report for the City of Red Oak.
Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition to the 2005 Drinking Water Quality Report. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Hargrove to close the Public Hearing. The motion was unanimous.
S. Discussion concerning the 2007 City of Red Oak Fiscal Year Budget.
City Manager Ken Pfeifer led the discussion with Council concerning the proposed City of Red Oak 2007 Fiscal Year Budget.
V. REPORTS – City Manager
City Manager Pfeifer updated Council on the following:
UDC, subdivision ordinance and maps update, Parks and Recreation progress, COG 2040 Demographics, Public Works project schedule, Water Conservation & Drought Contingency Plan and Downtown Business Plan.
VI. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Mrs. Jeffrey Smith asked that her husband’s application for the Parks & Recreation Commission remain on file for future position consideration.
VII. ADJOURNMENT
Mayor Bryce adjourned the meeting at 8:05 P.M.
________________________________
Ron Bryce, Mayor
Attested: ________________________
Judy Grant, City Secretary
