7:00 PM
FEBRUARY 2007 CITY COUNCIL REGULAR MEETING
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
FEBRUARY 12, 2007, 7 P.M.
I. CALL TO ORDER
The Mayor called the meeting to order at 7:00 P.M., declared a quorum present and declared notices legally posted pursuant to 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 AND PLEDGE OF ALLEGIANCE
Pastor Billy Grate with the Body of Christ Church gave the Invocation and Mayor Bryce led the Council and Staff in the Pledge of Allegiance.
III. 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 January 8, 2007, Regular City Council Meeting and the January 16, 2007, Joint P&Z and Council Workshop.
B. Consideration of approving a Resolution calling for a City of Red Oak General Election to be held on May 12, 2007, establishing procedures for that election, authorizing a method of voting for the handicapped, and providing an effective date.
C. Consideration of approving an Ordinance to abandon temporary easements in Harmony Addition.
D. Consideration of approving an Interlocal Cooperation Contract between the City of Red Oak and Ellis County for the maintenance, repair and/or construction of streets, roads, alleys, bridges, parking areas, waterways and ditches.
E. Consideration of approving a Resolution adopting a written Investment Policy and designating Investment Officers.
F. Consideration of approving a Code Red contract for an emergency warning system subject to City Attorney’s final review.
G. Consideration of approving a Sewer Pro Rata Reimbursement Agreement with Oaks Fellowship Church, subject to review and approval by City Staff and City Engineers of the total amount of sewer system improvement costs incurred.
H. Consideration of approving a Resolution requesting members of the 80th Legislation Session of the State of Texas increase funding of Texas Parks and Recreation Local Park Grant Program and the Texas State Park System.
I. Consideration of approving a salary increase for City Prosecutor Dana Huffman due to additional court dates.
J. 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 10.46 acres of land and approximately 212.54 acres of land in the A. Fredrick Survey, Abstract 375, located west of Interstate Highway 35, south of Stephenson Road and abutting the existing city limits of Red Oak, requested by RSJK Investments, Inc. and Oak Hill Development, LLC.
K. Consideration of approving a Resolution and an Interlocal Participation Agreement with The Local Government Purchasing Cooperative for City of Red Oak purchases.
Councilmember Lindsey asked that the minutes of the January 8, 2007, Regular Council Meeting, be corrected to read John Hawkins instead of John Hopkins on Agenda Item F. Councilmember Smith made the motion, seconded by Mayor Pro Tem Goodwyn to approve Consent Agenda Items A; B, Resolution No. 07-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 12, 2007, ESTABLISHING PROCEDURES FOR THAT ELECTION, AUTHORIZING A METHOD OF VOTING; AND PROVIDING AN EFFECTIVE DATE; C, Ordinance No. 07-03: AN ORDINANCE VACATING AND ABANDONING TEMPORARY STREET EASEMENTS IN THE CITY OF RED OAK, TEXAS, DECLARING THAT SUCH PROPERTY IS NO LONGER NEEDED FOR THE PURPOSE IT WAS GRANTED; AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF THESE STREETS; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE; D; E, Resolution No. 07-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS, ADOPTING A WRITTEN INVESTMENT POLICY AND DESIGNATING AN INVESTMENT OFFICER; F; G; H, Resolution No. 07-03: A RESOLUTION OF THE CITY OF RED OAK CITY COUNCIL REQUESTING THE MEMBERS OF THE 80TH LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT INCREASED FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT LOCAL PARK GRANT PROGRAM AND THE TEXAS STATE PARK SYSTEM; I, an annual salary of $21,450 for the City Prosecutor; J, Resolution No. 07-04: 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 10.46 ACRES OF LAND LOCATED IN THE A. FREDERICK SURVEY, ABSTRACT 375, AS DEPICTED ON EXHIBIT “A”, REQUESTED BY OAK HILL DEVELOPMENT, LLC, AND APPROXIMATELY 212.54 ACRES OF LAND LOCATED IN THE A. FREDRICK SURVEY, ABSTRACT 375, AS DEPICTED ON EXHIBIT “B”, REQUESTED BY RSJK INVESTMENTS INC.; 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; and K, Resolution No. 07-05. The motion was unanimous.
IV. COUNCIL BUSINESS – OPEN SESSION
L. Update from ROISD concerning the future bond issue.
John Hawkins with ROISD, updated Council concerning the possible future bond issue.
M. Consideration of approving the 2006 Fiscal Year audit.
Greer Yeldell of Witherspoon, Yeldell & Wilson, CPA, presented findings on the 2006 Fiscal Year audit to the Mayor and Council. Councilmember Lindsey made the motion, seconded by Council Hargrove to approve the 2006 Fiscal Year audit. The motion was unanimous.
N. Conduct a Public Hearing and consideration of approving an Ordinance amending the Unified Development Code (89-02), by adopting a revised comprehensive Zoning Ordinance.
Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition to the revised Zoning Ordinance. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to close the Public Hearing. The motion was unanimous. Councilmember Hargrove made the motion, seconded by Councilmember Autrey to approve Ordinance No. 07-05: AN ORDINANCE AMENDING PORTIONS OF ORDINANCE NO. 89-02, AS AMENDED, BY ADOPTING A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF RED OAK, TEXAS; WHICH ESTABLISHES ZONING DISTRICTS; CONTAINS PROVISIONS REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND, THE HEIGHT, NUMBER OF STORIES, AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR AND USE OF BUILDINGS, STRUCTURES AND LAND WITHIN SUCH DISTRICTS; PROVIDING FOR THE REGULATION OF SIGNS AND NONCONFORMING USES; PROVIDING FOR LANDSCAPING AND SCREENING REQUIREMENTS; PROVIDING FOR THE REGULATION OF NONCONFORMING USES; ADOPTING AN OFFICIAL ZONING MAP; PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR THE ISSUANCE OF CERTIFICATES OF OCCUPANCY AND BUILDING PERMITS; DEFINING CERTAIN WORDS AND PROVIDING FOR THE INTERPRETATION OF THE ORDINANCE; PROVIDING FOR A BOARD OF ADJUSTMENT AND POWERS OF THE BOARD; PROVIDING FOR AMENDMENT AND CHANGES; ADOPTING DESIGN MANUALS AND STANDARDS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEALING PORTIONS OF ORDINANCE NO. 89-02, AS AMENDED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
O. Conduct a Public Hearing and consideration of approving an Ordinance amending the Unified Development Code (89-02), by adopting a revised comprehensive Subdivision Ordinance.
Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition to the revised Subdivision Ordinance. Councilmember Lindsey 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 approve Ordinance No. 07-06: AN ORDINANCE OF THE CITY OF RED OAK ADOPTING A NEW SUBDIVISION ORDINANCE; ESTABLISHING A FEE SCHEDULE FOR VARIOUS PLATTING REQUESTS; PRESCRIBING RULES AND REGULATIONS GOVERNING PLATS, THE SUBDIVISION AND DEVELOPMENT OF LAND, LAND DEDICATIONS AND VACATIONS, AND THE DESIGN OF LAND DEVELOPMENTS IN A MANNER WHICH PROTECTS THE PUBLIC HEALTH, SAFETY AND WELFARE WITHIN THE CITY LIMITS AND EXTRATERRITORIAL JURISDICTION OF THE CITY OF RED OAK, TEXAS; PRESCRIBING RULES, REGULATIONS AND STANDARDS FOR THE CONSTRUCTION AND USE OF STREETS, ALLEYS, EASEMENTS, AND PUBLIC UTILITIES; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; PROVIDING PROCEDURES FOR OBTAINING VARIANCES OR WAIVERS; DEFINING AND PROHIBITING THE ILLEGAL RECORDING OF SUBDIVISION PLATS; PROVIDING FOR THE RECORDING OF NOTICE OF NONCOMPLIANCE; PROVIDING FOR REVIEW AND AMENDMENT OF THIS ORDINANCE; ADOPTING DESIGN CRITERIA FOR PUBLIC INFRASTRUCTURE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; REPEALING PREVIOUS ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE subject to legal council approval. The motion was unanimous.
P. Conduct a Public Hearing and consideration of approving an Ordinance amending the City of Red Oak Future Land Use Plan map.
Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition to the Future land Use Plan Map amendment. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Autrey to close the Public Hearing. The motion was unanimous. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Hargrove to approve Ordinance 07-07: AN ORDINANCE ADOPTING A FUTURE LAND USE PLAN FOR THE CITY OF RED OAK, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
Q. Discussion and update concerning the Fire/Police Substation; consideration of rejecting project manager bids, steel bids and concrete bids; and approving the manager/agent method of construction.
Fire Chief Eric Thompson led the discussion concerning the Fire/Police Substation. Councilmember Lindsey made the motion, seconded by Mayor Pro Tem Goodwyn to reject project manager bids, steel bids and concrete bids opened on February 2, 2007 and to approve the manager/agent method of construction for the Fire/Police Substation. The motion was unanimous.
R. Consideration of approving a safety and street repair plan for Stainback Road.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to table Agenda Item R. Staff was asked to conduct a safety study for the area. The motion carried 4 – 1 with Councilmember Lindsey, Councilmember Hargrove, Councilmember Smith and Councilmember Autrey voting in favor of the table. Mayor Pro Tem Goodwyn voted in opposition.
S. Consideration of approving a plan for the Deer Creek sewer project.
Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Lindsey to not approve the plan for the Deer Creek sewer project. The motion was unanimous.
T. Consideration of approving appointments to the Industrial Development Corporation Board.
Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Smith to approve the re-appointments of Ron Wilson, David Smart and Clint Byers to the Industrial Development Corporation Board for three year terms ending February 2010. The motion was unanimous.
V. 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.
In addition, the City Council will convene in Executive Session under Section §551.071 of the Act for the following:
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; PCA lawsuit costs; and the proposed Ferris annexation east of the City of Red Oak city limits, southeast of Stainback Road, northwest of FM 664 and west of Ferris Road.
Mayor Bryce convened Council into Executive Session at 8:28 P.M. and reconvened Council into Open Session at 8:47 P.M. In Open Session Mayor Bryce directed the city attorney to vigorously oppose the Ferris Annexation.
VI. REPORTS – City Manager
City Manager Ken Pfeifer gave reports on the following: Downtown Vision Plan; Fireworks Event; ISO evaluation; Red Oak Road Overpass wall and landscaping; Executive Committee appointment-DWU Customer Cities in the Metroplex; and Loop 9 Public Hearing.
VII. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Mayor Pro Tem Goodwyn advised Council and staff of the bird problem on Ovilla Road and stated that a study needed to be done on how to correct the problem. Chris Moses, Johnny Pearson, Audrey Smith, Bill Brown and Eugene Gaither spoke on streets, roads, and bidding issues.
VIII. ADJOURNMENT
Mayor Bryce adjourned the meeting at 8:59 P.M.
________________________________
Ron Bryce, Mayor
Attested: ________________________
Judy Grant, City Secretary
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
FEBRUARY 12, 2007, 7 P.M.
I. CALL TO ORDER
The Mayor called the meeting to order at 7:00 P.M., declared a quorum present and declared notices legally posted pursuant to 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 AND PLEDGE OF ALLEGIANCE
Pastor Billy Grate with the Body of Christ Church gave the Invocation and Mayor Bryce led the Council and Staff in the Pledge of Allegiance.
III. 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 January 8, 2007, Regular City Council Meeting and the January 16, 2007, Joint P&Z and Council Workshop.
B. Consideration of approving a Resolution calling for a City of Red Oak General Election to be held on May 12, 2007, establishing procedures for that election, authorizing a method of voting for the handicapped, and providing an effective date.
C. Consideration of approving an Ordinance to abandon temporary easements in Harmony Addition.
D. Consideration of approving an Interlocal Cooperation Contract between the City of Red Oak and Ellis County for the maintenance, repair and/or construction of streets, roads, alleys, bridges, parking areas, waterways and ditches.
E. Consideration of approving a Resolution adopting a written Investment Policy and designating Investment Officers.
F. Consideration of approving a Code Red contract for an emergency warning system subject to City Attorney’s final review.
G. Consideration of approving a Sewer Pro Rata Reimbursement Agreement with Oaks Fellowship Church, subject to review and approval by City Staff and City Engineers of the total amount of sewer system improvement costs incurred.
H. Consideration of approving a Resolution requesting members of the 80th Legislation Session of the State of Texas increase funding of Texas Parks and Recreation Local Park Grant Program and the Texas State Park System.
I. Consideration of approving a salary increase for City Prosecutor Dana Huffman due to additional court dates.
J. 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 10.46 acres of land and approximately 212.54 acres of land in the A. Fredrick Survey, Abstract 375, located west of Interstate Highway 35, south of Stephenson Road and abutting the existing city limits of Red Oak, requested by RSJK Investments, Inc. and Oak Hill Development, LLC.
K. Consideration of approving a Resolution and an Interlocal Participation Agreement with The Local Government Purchasing Cooperative for City of Red Oak purchases.
Councilmember Lindsey asked that the minutes of the January 8, 2007, Regular Council Meeting, be corrected to read John Hawkins instead of John Hopkins on Agenda Item F. Councilmember Smith made the motion, seconded by Mayor Pro Tem Goodwyn to approve Consent Agenda Items A; B, Resolution No. 07-01: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS, CALLING FOR A GENERAL ELECTION TO BE HELD ON MAY 12, 2007, ESTABLISHING PROCEDURES FOR THAT ELECTION, AUTHORIZING A METHOD OF VOTING; AND PROVIDING AN EFFECTIVE DATE; C, Ordinance No. 07-03: AN ORDINANCE VACATING AND ABANDONING TEMPORARY STREET EASEMENTS IN THE CITY OF RED OAK, TEXAS, DECLARING THAT SUCH PROPERTY IS NO LONGER NEEDED FOR THE PURPOSE IT WAS GRANTED; AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF THESE STREETS; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE; D; E, Resolution No. 07-02: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RED OAK, TEXAS, ADOPTING A WRITTEN INVESTMENT POLICY AND DESIGNATING AN INVESTMENT OFFICER; F; G; H, Resolution No. 07-03: A RESOLUTION OF THE CITY OF RED OAK CITY COUNCIL REQUESTING THE MEMBERS OF THE 80TH LEGISLATIVE SESSION OF THE STATE OF TEXAS SUPPORT INCREASED FUNDING FOR THE TEXAS RECREATION & PARKS ACCOUNT LOCAL PARK GRANT PROGRAM AND THE TEXAS STATE PARK SYSTEM; I, an annual salary of $21,450 for the City Prosecutor; J, Resolution No. 07-04: 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 10.46 ACRES OF LAND LOCATED IN THE A. FREDERICK SURVEY, ABSTRACT 375, AS DEPICTED ON EXHIBIT “A”, REQUESTED BY OAK HILL DEVELOPMENT, LLC, AND APPROXIMATELY 212.54 ACRES OF LAND LOCATED IN THE A. FREDRICK SURVEY, ABSTRACT 375, AS DEPICTED ON EXHIBIT “B”, REQUESTED BY RSJK INVESTMENTS INC.; 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; and K, Resolution No. 07-05. The motion was unanimous.
IV. COUNCIL BUSINESS – OPEN SESSION
L. Update from ROISD concerning the future bond issue.
John Hawkins with ROISD, updated Council concerning the possible future bond issue.
M. Consideration of approving the 2006 Fiscal Year audit.
Greer Yeldell of Witherspoon, Yeldell & Wilson, CPA, presented findings on the 2006 Fiscal Year audit to the Mayor and Council. Councilmember Lindsey made the motion, seconded by Council Hargrove to approve the 2006 Fiscal Year audit. The motion was unanimous.
N. Conduct a Public Hearing and consideration of approving an Ordinance amending the Unified Development Code (89-02), by adopting a revised comprehensive Zoning Ordinance.
Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition to the revised Zoning Ordinance. Councilmember Hargrove made the motion, seconded by Mayor Pro Tem Goodwyn to close the Public Hearing. The motion was unanimous. Councilmember Hargrove made the motion, seconded by Councilmember Autrey to approve Ordinance No. 07-05: AN ORDINANCE AMENDING PORTIONS OF ORDINANCE NO. 89-02, AS AMENDED, BY ADOPTING A COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF RED OAK, TEXAS; WHICH ESTABLISHES ZONING DISTRICTS; CONTAINS PROVISIONS REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES AND LAND, THE HEIGHT, NUMBER OF STORIES, AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION, THE ERECTION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, REPAIR AND USE OF BUILDINGS, STRUCTURES AND LAND WITHIN SUCH DISTRICTS; PROVIDING FOR THE REGULATION OF SIGNS AND NONCONFORMING USES; PROVIDING FOR LANDSCAPING AND SCREENING REQUIREMENTS; PROVIDING FOR THE REGULATION OF NONCONFORMING USES; ADOPTING AN OFFICIAL ZONING MAP; PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR THE ISSUANCE OF CERTIFICATES OF OCCUPANCY AND BUILDING PERMITS; DEFINING CERTAIN WORDS AND PROVIDING FOR THE INTERPRETATION OF THE ORDINANCE; PROVIDING FOR A BOARD OF ADJUSTMENT AND POWERS OF THE BOARD; PROVIDING FOR AMENDMENT AND CHANGES; ADOPTING DESIGN MANUALS AND STANDARDS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEALING PORTIONS OF ORDINANCE NO. 89-02, AS AMENDED; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
O. Conduct a Public Hearing and consideration of approving an Ordinance amending the Unified Development Code (89-02), by adopting a revised comprehensive Subdivision Ordinance.
Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition to the revised Subdivision Ordinance. Councilmember Lindsey 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 approve Ordinance No. 07-06: AN ORDINANCE OF THE CITY OF RED OAK ADOPTING A NEW SUBDIVISION ORDINANCE; ESTABLISHING A FEE SCHEDULE FOR VARIOUS PLATTING REQUESTS; PRESCRIBING RULES AND REGULATIONS GOVERNING PLATS, THE SUBDIVISION AND DEVELOPMENT OF LAND, LAND DEDICATIONS AND VACATIONS, AND THE DESIGN OF LAND DEVELOPMENTS IN A MANNER WHICH PROTECTS THE PUBLIC HEALTH, SAFETY AND WELFARE WITHIN THE CITY LIMITS AND EXTRATERRITORIAL JURISDICTION OF THE CITY OF RED OAK, TEXAS; PRESCRIBING RULES, REGULATIONS AND STANDARDS FOR THE CONSTRUCTION AND USE OF STREETS, ALLEYS, EASEMENTS, AND PUBLIC UTILITIES; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT OF THIS ORDINANCE; PROVIDING PROCEDURES FOR OBTAINING VARIANCES OR WAIVERS; DEFINING AND PROHIBITING THE ILLEGAL RECORDING OF SUBDIVISION PLATS; PROVIDING FOR THE RECORDING OF NOTICE OF NONCOMPLIANCE; PROVIDING FOR REVIEW AND AMENDMENT OF THIS ORDINANCE; ADOPTING DESIGN CRITERIA FOR PUBLIC INFRASTRUCTURE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; REPEALING PREVIOUS ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE subject to legal council approval. The motion was unanimous.
P. Conduct a Public Hearing and consideration of approving an Ordinance amending the City of Red Oak Future Land Use Plan map.
Mayor Bryce opened the Public Hearing. No one spoke in favor and no one spoke in opposition to the Future land Use Plan Map amendment. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Autrey to close the Public Hearing. The motion was unanimous. Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Hargrove to approve Ordinance 07-07: AN ORDINANCE ADOPTING A FUTURE LAND USE PLAN FOR THE CITY OF RED OAK, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion was unanimous.
Q. Discussion and update concerning the Fire/Police Substation; consideration of rejecting project manager bids, steel bids and concrete bids; and approving the manager/agent method of construction.
Fire Chief Eric Thompson led the discussion concerning the Fire/Police Substation. Councilmember Lindsey made the motion, seconded by Mayor Pro Tem Goodwyn to reject project manager bids, steel bids and concrete bids opened on February 2, 2007 and to approve the manager/agent method of construction for the Fire/Police Substation. The motion was unanimous.
R. Consideration of approving a safety and street repair plan for Stainback Road.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to table Agenda Item R. Staff was asked to conduct a safety study for the area. The motion carried 4 – 1 with Councilmember Lindsey, Councilmember Hargrove, Councilmember Smith and Councilmember Autrey voting in favor of the table. Mayor Pro Tem Goodwyn voted in opposition.
S. Consideration of approving a plan for the Deer Creek sewer project.
Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Lindsey to not approve the plan for the Deer Creek sewer project. The motion was unanimous.
T. Consideration of approving appointments to the Industrial Development Corporation Board.
Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Smith to approve the re-appointments of Ron Wilson, David Smart and Clint Byers to the Industrial Development Corporation Board for three year terms ending February 2010. The motion was unanimous.
V. 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.
In addition, the City Council will convene in Executive Session under Section §551.071 of the Act for the following:
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; PCA lawsuit costs; and the proposed Ferris annexation east of the City of Red Oak city limits, southeast of Stainback Road, northwest of FM 664 and west of Ferris Road.
Mayor Bryce convened Council into Executive Session at 8:28 P.M. and reconvened Council into Open Session at 8:47 P.M. In Open Session Mayor Bryce directed the city attorney to vigorously oppose the Ferris Annexation.
VI. REPORTS – City Manager
City Manager Ken Pfeifer gave reports on the following: Downtown Vision Plan; Fireworks Event; ISO evaluation; Red Oak Road Overpass wall and landscaping; Executive Committee appointment-DWU Customer Cities in the Metroplex; and Loop 9 Public Hearing.
VII. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Mayor Pro Tem Goodwyn advised Council and staff of the bird problem on Ovilla Road and stated that a study needed to be done on how to correct the problem. Chris Moses, Johnny Pearson, Audrey Smith, Bill Brown and Eugene Gaither spoke on streets, roads, and bidding issues.
VIII. ADJOURNMENT
Mayor Bryce adjourned the meeting at 8:59 P.M.
________________________________
Ron Bryce, Mayor
Attested: ________________________
Judy Grant, City Secretary
