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    AUGUST 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, August 14, 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 called the meeting to order at 7:00 p.m. Members present were Mayor Ron Bryce, Mayor Pro Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, Councilmember Casey Hargrove and Councilmember Gary Autrey. Mayor Bryce declared a quorum present and notices legally posted.
    II. INVOCATION & PLEDGE OF ALLEGIANCE

      Councilmember Lindsey gave the Invocation and led the Council and Citizens in the Pledge of Allegiance.
    III. PRESENTATIONS -Brianna Wooley, Fire Marshall Tim Birdwell and Officer Boyd Brock

    Mayor Bryce presented Red Oak Elementary School Student Brianna Wooley with a Ceitificate of Recognition for her essay “I Wonder Why?”.   Fire Chief Eric Thompson presented Fire Marshall Tim Birdwell with a Certificate of Recognition for his efforts in preparing the City of Red Oak Emergency Management Plan. Police Chief Donald Fullerton presented Officer Boyd Brock with a Certificate of Merit for his efforts in organizing the 2006 National Night Out.
    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 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 July 10, 2006, Regular City Council Meeting

      B.  Consideration of approving the Freese and Nichols Downtown Project Plan.
      C. Consideration of approving the trade-in and purchase of a new vehicle for the Director of     Economic Development and an Ordinance to amend the Industrial  Development     Corporation Fiscal  Year 2006 Budget by appropriating $16,000 from Incentive      Development and transferring such amount  to Capital Expenditure Vehicles.
     
    D.  Consideration of approving a Fiscal Year 2007 Salary Plan for the City of Red Oak.

    E.   Consideration of approving an Ordinance amending Chapter 152 of the Code of Ordinances  establishing height limits for Multi-Tenant Monument signs within the City.

    F.   Consideration of approving a Developers Agreement and land sell contract with Stanley  Restoration to locate the Red Oak Industrial Park at Methodist and Ovilla Road.

    G.   Consideration of approving an agreement with Witherspoon, Yeldell & Wilson, CPA for  annual audit services for the 2006 fiscal year, for an amount not to exceed $21,900.

    H.   Consideration of approving an Ordinance amending Chapter 71 “Parking” of the Code of  Ordinances by the addition of a new section 7i.10 “Parking Surfaces” to prohibit parking of  motor vehicles and trailers on any surface that is not a hard, impervious surface.

    Councilmember Smith made the motion: seconded by Mayor Pro Tem Goodwyn to approve Consent Agenda Items A;B;C, Ordinance No. 06-24: AN ORDINANCE AMEDNING THE FISCAL YEAR 2005-2006 OFFICIAL BUDGET, ADOPTED BY ORDINANCE NCP. 05-68, APPROPRIATING $16,000.00 FROM THE INDUSTRIAL DEVELOPMENT CORPORATION BUDGET, INCENTIVE DEVELOPMENT AND TRANFERRING SUCH AMOUNT TO INDUSTRIAL DEVELOPMENT CORPORATION CAPITAL EXPENDITURE VEHICLES; D; E. Ordinance No. 06-37:  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS AMENDING CHAPTER 152, SIGNS, OF THE CITY OF RED OAK CODE OF ORDINANCES; DEFINING MULTI-TENANT MONUMENT SIGN; ESTABLISHING HEIGHT LIMITS FOR MULTI-TENANT MONUMENT SIGNS WITHIN THE CITY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANACES; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE SEVERABLE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE; F: G; and H, Ordinance No. 06-28:  AN ORDINANCE OF THE CITY OF RED OAK, TEXAS AMENDING CHAPTER 71 “PARKING’ OF THE CITY’S CODE OF ORDINANCES BY THE ADDITION OF A NEW SECTION 71.10 “PARKING SURFACES” TO PROHIBIT PARKING OF MOTOR VEHICLES AND TRAILERS ON ANY SURFACE THAT IS NOT A HARD, IMPERVIOUS SURFACE; PROVIDING THAT THIS ORDINANCE BE CUMULATIVE OF ALL OTHER 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.
    V. COUNCIL BUSINESS – OPEN SESSION

    I. Conduct a Public Hearing and consideration of approving an Ordinance for a zoning change from Agriculture (AG) to Highway Oriented (HO) for Lots 5 and 6, Block 8, Beckley Pike Estate:;, J.A. Rawlings Survey, A-907, further described as being located south of Ovilla Road and west of Interstate 35, requested by MDKJ Investments, LLC.

    Mayor Bryce opened the Public Hearing.  Kevin McDonnell spoke in favor of the zoning change and no one spoke in opposition.  Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to close the Public Hearing.  The motion was unanimous.  Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Autrey to approve Ordinance No. 06-30:  AN ORDINANCE AMENDING ORDINANCE NO. 89-02, THE UNIFIED DEVELOPMENT CODE BY CHANGING THE ZONING CLASSIFICATION OF LOTS 5 & 6, BLOCK 8, BECKLEY PIKE ESTATES, LOCATED SOUTH OF OVILLA ROAD AND WEST OF INTERSTATE 35E, IN THE J.A. RAWLINGS SURVEY, ABSTRACT 907, CITY OF RED OAK, ELLIS COUNTY, TEXAS, FROM “AGRICULTURE (AG)” TO “HIGHWAY ORIENTED (HO)” AND REVISING THE OFFICIAL ZONING MAP IN ACCORDANCE THEREWITH:  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.

    J. Conduct a Public Hearing and consideration of approving an Ordinance for a Specific Use Permit to allow a Garden Center (with outside storage) in a “Commercial-1 (C-1)” zoning for 307 Hwy. 342 being .231 acres in the McKinney & Williams Survey.  A-751, further described as being south of Ovilla Road and west of Hwy 342, requested by Gonzolo Gonzales.
    Mayor Bryce opened the Public Hearing. Owner Gonzalo Gonzales spoke in favor of the Specific Use Permit and no one spoke in opposition. Councilmember Lindsey made the motion, seconded by Mayor Pro Tem Goodwyn to close the Public Hearing. The motion was unanimous. Councilmember Smith made the motion, seconded by Mayor Pro Tem Goodwyn to approve Ordinance No. 06-31: AN ORDINANCE AMENDING ORDINANCE NO. 89-02, AS AMENDED, THE RED OAK UNIFORM DEVELOPMENT CODE BY GRANTING A SPECIFIC USE PERMIT TO ALLOW A GARDEN CENTER (WITH OUTSIDE STORAGE), IN A “COMMERCIAL -1 (C-1)” ZONING DISTRICT, LOCATED AT 307 HIGHWAY 342, BEING AN APPROXIMATELY .231 ACRE LOT IN THE MCKINNEY & WILLIAMS SURVEY, ABSTRACT 751, SOUTH OF OVILLA ROAD AND WEST OF HIGHWAY 342, 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.  The motion was unanimous.

    K. Conduct a Public Hearing and consideration of approving an Ordinance for an Amended Development Plan to change the side yard setback from 40 feet to 30 feet for Lot 26, Block A, Springfield Farms, City of Red Oak, Ellis County, Texas, also known as 310 Springfield Lane, requested by Goff Homes, Ltd.
    Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to close the Public Hearing. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve Ordinance No. 06-32:  AN ORDINANCE AMENDING ORDINANCE NO. 89-02, THE UNIFIED DEVELOPMENT CODE AND APPROVING AN AMENDED DEVELOPMENT PLAN, BY CHANGING THE SIDE YARD SETBACK AND LOT LINE FROM 40 FEET TO 30 FEET, FOR SPRINGFIELD FARMS, LOT 26, BLOCK A, A 1.259 ACRE LOT, BEING PART OF AN ORIGINAL 79.935 ACRE SUBDIVISION, IN THE W. FOREMAN SURVEY, ABSTRACT 363, THE W. B HAYES SURVEY, ABSTRACT 486, AND THE JOHN LOWRANCE SURVEY, ABSTRACT 655, BEING FURTHER DESCRIBED AS LOCATED AT 310 SPRINGFIELD LANE, CITY OF RED OAK, ELLIS COIJNTY, 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.

    L. Consideration of approving a Resolution to set the dates, times and places for the Public Hearings and authorizing the publication of such Public Hearing notices and the preparation of service plans for the proposed annexation of approximately 2 acres or more of land, east of Highway 342 and south of FM 664 and abutting the existing city limits of Red Oak on one side, requested by the City of Red Oak.
    Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to approve Resolution No. 06-17:
    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 2 ACRES OR MORE OF LAND, EAST OF HIGHWAY 342, SOUTH OF HIGHWAY 664, 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. The motion was unanimous.

    M. Discussion and consideration of approving the Public Hearing dates, times, and place to consider a proposed tax rate of .64 cents per $100 of assessed valuation and increase tax revenues, for the proposed Fiscal Year 2007 Budget.

    Council discussed the proposed Fiscal Year 2007 Budget. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Lindsey to approve August, 29, 2006, at 6:00 p.m. and September 5, 2006. at 7:00 p.m., Red Oak Municipal Center, 200 Lakeview Parkway, Red Oak, Texas. as the dates, times and place for the Public Hearings to consider a proposed tax rate of .64 cents per $100 of assessed valuation and increase tax revenues, for the proposed Fiscal Year 2007 Budget. The motion was unanimous.
    VI. EXECUTIVE SESSION

    Pursuant to Section §551.071 of the Texas Government Code, the City Council reserves the right to convene into Executive Session(s),  from time to time as deemed necessary during the course of 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

     City Manager Ken Pfeifer updated Council on the following:
     Development Code & Subdivision Ordinance update; Future Land Use Plan; Parks and Recreation trail progress and trail ordinance; COG Population and Employment Forecast; PW Project schedule; Downtown Business Plan and Future Community Center, Mike Rader Workshop; Water Conservation Plan; Public Works and Engineering staff; and Wal-Mart update.
    VIII. CITIZENS TO BE HEARD

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

    Citizen Kevin Davis expressed his disapproval concerning a Highway 342 trunk line and asked for notification and respect on the issue.

     

    IX. ADJOURNMENT

    Mayor Bryce adjourned the meeting at 8:18 p.m.

     

     ________________________________

    Ron Bryce, Mayor

    Attested: ________________________

                Judy Grant, City Secretary

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