12:00 PM
JULY 2007 CITY COUNCIL REGULAR MEETING
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, JULY 09, 2007
I. CALL TO ORDER – The Mayor will call the meeting to order, declare a quorum if present, and declare notices legally posted pursuant to Open Meetings Act.
Mayor Pro Tem Goodwyn called the meeting to order at 7:00 p.m. and declared a quorum present and notices legally posted. Members present were Mayor Pro Tem Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, Councilmember Casey Hargrove and Councilmember Andy Bell.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Councilmember Hargrove gave the Invocation and Mayor Pro Tem Goodwyn led the Council and Citizens in the Pledge of Allegiance.
III. RECOGNITIONS – Barry Maners and the Red Oak Police Department
Mayor Pro Tem Goodwyn presented a Certificate of Recognition to the Red Oak Police Department for their outstanding performance at the June 28, 2007 bank robbery. Barry Maners was not in attendance.
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 June 11, 2007, Regular City Council Meeting, the June 12, 2007, Special City Council Meeting, the June 19, 2007, Special City Council Meeting and the June 25, 2007, Special City Council Meeting.
B. Consideration of approving right-of-way/easement purchases for the Red Oak Road project.
C. Consideration of approving an Ordinance amending the FY 2008 Budget by transferring $676,226 from the Sewer Construction Fund (Deer Creek) to the Dallas Water Line Project Fund.
D. Consideration of approving an Ordinance amending the Subdivision Ordinance 07-06 by amending rules and regulations relating to the subdivision and development of land, approval of plats, and land dedications.
E. Consideration of approving a Resolution suspending the July 30, 2007 effective date of the proposal by ATMOS Energy Corp., Mid-Tex Division to implement interim grip rate adjustments for gas utility investment in 2006.
F. Consideration of approving an Economic Development Agreement between the Red Oak Economic Development Corporation and Anthony Properties for the relocation of the southbound I-35 exit ramp for FM 664.
G. Consideration of approving a contract with TXDOT for the relocation of the southbound I-35 exit ramp for FM 664.
H. Consideration of approving the Interim City Manager’s appointment of an Acting Interim City Manager in his absence or disability.
Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve Consent Agenda A; B; C, Ordinance No. 07-12: AN ORDINANCE AMENDING THE FISCAL YEAR 2006-2007 OFFICIAL BUDGET, ADOPTED BY ORDINANCE NO. 06-38, BY APPROPRIATING $676,226 FROM THE CAPITAL PROJECT SEWER CONSTRUCTION FUND 245 AND TRANSFERRING SUCH AMOUNT TO THE CAPITAL PROJECT DALLAS WATER LINE FUND 225; D, Ordinance No. 07-13: AN ORDINANCE OF THE CITY OF RED OAK, TEXAS, AMENDING THE RULES AND REGULATIONS RELATING TO THE SUBDIVISION AND DEVELOPMENT OF LAND, APPROVAL OF PLATS, AND LAND DEDICATIONS TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE; PROVIDING FOR REQUIREMENTS RELATING TO COMPLETENESS DETERMINATIONS FOR PLAT AND DEVELOPMENT APPLICATIONS; PROVIDING FOR ROUGH PROPORTIONALITY DETERMINATIONS FOR PLAT AND DEVELOPMENT APPLICATIONS WHICH IMPOSE EXACTION REQUIREMENTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OR FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE; E, Resolution No. 07-11: A RESOLUTION BY THE CITY OF RED OAK, TEXAS SUSPENDING THE JULY 30, 2007 EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2006; AUTHORIZING PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS 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 RATEMAKING COSTS; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; F; G; and H. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
I. Consideration of approving an Ordinance authorizing the issuance of “City of Red Oak, Texas, General Obligation Refunding Bonds, Series 2007,” in an aggregate principal amount not to exceed $6,300,000; levying a tax in payment thereof; specifying the terms and features of said bonds; approving a purchase contract; approving the official statement; and enacting other provisions relating thereto.
Maria Urbina with First Southwest Company updated Council on the issuance of the Series 2007 General Obligation Refunding Bonds. Councilmember Hargrove made the motion, seconded by Councilmember Smith to approve Ordinance No. 07-14: CITY OF RED OAK, TEXAS, GENERAL OBLIGATION REFUNDING BONDS SERIES 2007. The motion was unanimous.
J. Conduct a Public Hearing and consideration of approving an Ordinance amending portions of Ordinance No. 07-05, the Comprehensive Zoning Ordinance for the City of Red Oak, Texas.
Mayor Pro Tem Goodwyn opened the Public Hearing. No one spoke in favor and no one spoke in opposition to the Comprehensive Zoning Ordinance amendment. 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 Bell to approve Ordinance No. 07-15: AN ORDINANCE AMENDING PORTIONS OF ORDINANCE NO. 07-05, THE 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; PRESCRIBING PENALTIES FOR VIOLATIONS; 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; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEALING PORTIONS OF ORDINANCE NO. 07-05; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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 a zoning change from Agriculture (AG) to Commercial-1 (C-1) for approximately 0.997 acres in the George C. Parks Survey, City of Red Oak, Ellis County, Texas, located east of Interstate 35 and south of Ovilla Road, requested by Bach A. Diep.
Mayor Pro Tem Goodwyn opened the Public Hearing. Kim Lu, a representative of Mr. Diep’s, spoke in favor of the zoning change and no one spoke in opposition. Councilmember Hargrove made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion was unanimous. Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve Ordinance No. 07-16: AN ORDINANCE AMENDING ORDINANCE NO. 07-05 and NO. 07-15, THE COMPREHENSIVE ZONING ORDINANCE BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 0.997 ACRES OF LAND IN THE GEORGE C. PARKS SURVEY, CITY OF RED OAK, ELLIS COUNTY, TEXAS, LOCATED EAST OF INTERSTATE 35 AND SOUTH OF OVILLA ROAD, FROM “AGRICULTURE (AG) TO “COMMERCIAL (C-1)” AND REVISING THE OFFICIAL ZONING MAP IN ACCORDANCE THEREWITH; 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. Conduct a Public Hearing and consideration of approving an Ordinance for a Development Plan and zoning change from Agriculture (AG) to Planned Development (PD) zoning for Lots 3,4, and 8, Turner Estates, and from Residential-2 (R-2) to Planned Development (PD) zoning for Lot 9, Turner Estates, City of Red Oak, Ellis County, Texas, requested by Scott Green.
Mayor Pro Tem Goodwyn opened the Public Hearing. Scott Green, owner of the Greenery spoke in favor of the request. Citizens Louie Petty and Sally Null spoke in opposition. Councilmember Lindsey made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion was unanimous. Councilmember Smith made the motion, seconded by Councilmember Bell to reject the Development Plan and zoning change. The motion was unanimous.
M. Conduct a Public Hearing concerning the 2006 Drinking Water Quality Report for the City of Red Oak.
Mayor Pro Tem Goodwyn opened the Public Hearing. No one spoke in favor and no one spoke in opposition. Councilmember Bell made the motion, seconded by Councilmember Hargrove to close the Public Hearing. The motion was unanimous.
N. Discussion and consideration of approving the appointment of a City Attorney and approving a contract.
HR Director Clifton Beck addressed Council and discussed the firms that submitted proposals. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the firm of Nichols, Jackson, Dillard, Hager, & Smith, LLP and a contract for services. The motion was unanimous. Attorney Robert Hager was present to introduce himself and answer questions from Council.
VI. EXECUTIVE SESSION - Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, the City Council for the City of Red Oak reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections §551.071 (Consultation with Attorney).
In addition, the City Council will convene in Executive Session under Section §551.071 (consultation with attorney) of the Act for the following:
A. To deliberate pending or contemplated litigation concerning the Palmer Community Action Group; ET AL vs. City of Red Oak, County of Ellis Cause No. 69600; and the Ferris annexation east of the City of Red Oak city limits, southeast of Stainback Road, northwest of FM 664 and west of Ferris Road.
Council did not convene into Executive Session.
VII. OPEN SESSION
O. Consideration of approving any action as a result of discussion in Executive Session A.
No action was taken.
P. Discussion and consideration of approving an Ordinance amending the FY 2007 Budget by increasing General Fund revenues and reducing Parks & Recreation fund revenues.
Parks Director Michael Hopping addressed Council concerning the budget amendment. Council and staff discussed the budget amendment. Councilmember Bell made the motion, seconded by Councilmember Smith to approve the FY 2007 Budget amendment increasing General Fund revenues and reducing Parks & Recreation Fund revenues by $87,143.66. The motion was unanimous.
Q. Consideration of approving an infrastructure acceptance agreement for Phase II of Harmony Estates.
Jay Volk with Harmony Estates addressed Council concerning the request of the acceptance agreement. Councilmember made the motion, seconded by Councilmember Lindsey to approve the acceptance agreement amended to include two phases to Phase 2, instead of one. The motion was unanimous.
R. Consideration of issuing a letter of support for the early acquisition of properties from Hillwood properties by TXDOT for proposed Loop 9 project.
Councilmember Bell made the motion, seconded by Councilmember Smith to reject the letter of support. The motion was unanimous.
S. Consideration of approving the termination of the Zyterra WiFi contract.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve the termination of the Zyterra WiFi contract. The motion was unanimous.
T. Consideration of approving a Resolution supporting Alternate #1 alignment for the proposed Loop 9 project.
Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve Resolution 07-12, supporting Alternate #1 alignment for the proposed Loop 9 project. The motion was unanimous.
U. Consideration of approving speed bumps or traffic control devices along Clear Creek Drive.
Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the appropriate traffic control devices along Clear Creek Drive. The motion was unanimous.
V. Consideration of approving a Resolution supporting the elimination of access to the Red Oak Municipal Center from Clear Creek Drive upon the completion of Lakeview Parkway extending to Red Oak Road.
Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to approve Resolution No. 07-13, A Resolution supporting the elimination of access to the Red Oak Municipal Center from Clear Creek Drive upon the completion of Lakeview Parkway extending to Red Oak Road. The motion carried 4 – 1 with Councilmember Hargrove, Councilmember Lindsey, Councilmember Smith and Mayor Pro Tem Goodwyn voting in favor and Councilmember Bell voting in opposition.
W. Introduction and consideration of approving appointments to the Economic Development Board to fill four terms expiring June 2009 and one term expiring June 2008.
Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Hargrove to approve the re-appointments of Tim Lightfoot, Bob Eldridge, Patrick Pilarski and Margaret Comer to the Economic Development Corporation Board for terms expiring June 2009 and the appointment of Johnny Knight to the Economic Development Board to fill a term expiring June 2008. The motion carried 4 – 1, with Mayor Pro Tem Goodwyn, Councilmember Hargrove, Councilmember Smith and Councilmember Bell voting in favor of the appointments and Councilmember Lindsey voting in opposition. Councilmember Lindsey asked that it be noted that he had no opposition to Mr. Knight but he would like more representation from the Deer Creek area.
X. Introduction and consideration of approving an appointment to the Planning and Zoning Commission to fill a regular member term expiring June 2009, a possible alternate position expiring June 2008 and approving an appointment to the ZBOA to fill a regular member term expiring June 2009.
Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to appointment alternate member Tom Wilson to a Planning & Zoning Commission regular member position, for a term expiring June 2009 and appoint Alan Hugley to the alternate member position, for a term expiring June 2008. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Smith to appoint ZBOA alternate member Charlie Daubitz to a regular member position on the ZBOA, for a term expiring June 2009. The motion was unanimous.
Y. Consideration of approving a resignation of an alternate member and approving an appointment to the Parks & Recreation Commission to fill an alternate member term expiring June 2009.
Councilmember Hargrove made the motion, seconded by Councilmember Bell to approve the resignation of alternate member Tamera Moses from the Parks & Recreation Commission and approve the appointment of Ralph Madden as an alternate member of the Parks & Recreation Commission for a term expiring June 2009. The motion was unanimous.
Z. Introduction and consideration of approving an appointment to the Library Advisory Board to fill a regular member term expiring October 2008.
Christina Renee Hogan introduced herself to Council. Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve the appointment of Christina Hogan to the Library Advisory Board as a regular member, for a term expiring October 2008 and approve the appointment of Tamera Moses as an alternate member, for a term expiring October 2007. The motion was unanimous.
AA. Discussion and consideration of approving the compensation of the Interim City Manager.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve a 10% increase of salary for Interim City Manager Fuller until which time a City Manager is hired. The motion was unanimous.
BB. Discussion concerning the FY 2007 Budget and consideration of approving the hiring of an outside audit firm to audit the City of Red Oak FY 2007 Budget.
Interim City Manager Todd Fuller addressed Council and discussed issues concerning the current budget and the need for an outside audit firm to audit the current budget. No action was taken.
CC. Discussion concerning the preliminary FY 2008 Budget.
Interim City Manager Fuller started the discussion concerning the preliminary FY 2008 Budget. Department Heads addressed Council with their preliminary department budgets and answered questions from Council.
DD. Consideration of approving overhead utility re-locations for the Red Oak Road project.
Councilmember Hargrove made the motion, seconded by Councilmember Bell to approve overhead utility re-locations for the Red Oak Road project. The motion was unanimous.
VIII. REPORTS
Reports were given by the following:
City Engineer Gina Garcia - Major Project Schedule
HR Director Clifton – Update on Chief of Police and City Manager selection
Interim City Manager Todd Fuller – Update on meeting and opportunities with the YMCA.
IX. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Citizens Guila Jackson and Bill Brown spoke on issues concerning the Deer Creek area.
X. ADJOURNMENT
Mayor Pro Tem Goodwyn adjourned the meeting at 9:41 P.M.
________________________________
Ben Goodwyn, Mayor Pro Tem
Attested: ________________________
Judy Grant, City Secretary
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, JULY 09, 2007
I. CALL TO ORDER – The Mayor will call the meeting to order, declare a quorum if present, and declare notices legally posted pursuant to Open Meetings Act.
Mayor Pro Tem Goodwyn called the meeting to order at 7:00 p.m. and declared a quorum present and notices legally posted. Members present were Mayor Pro Tem Ben Goodwyn, Councilmember Eric Smith, Councilmember Scott Lindsey, Councilmember Casey Hargrove and Councilmember Andy Bell.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Councilmember Hargrove gave the Invocation and Mayor Pro Tem Goodwyn led the Council and Citizens in the Pledge of Allegiance.
III. RECOGNITIONS – Barry Maners and the Red Oak Police Department
Mayor Pro Tem Goodwyn presented a Certificate of Recognition to the Red Oak Police Department for their outstanding performance at the June 28, 2007 bank robbery. Barry Maners was not in attendance.
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 June 11, 2007, Regular City Council Meeting, the June 12, 2007, Special City Council Meeting, the June 19, 2007, Special City Council Meeting and the June 25, 2007, Special City Council Meeting.
B. Consideration of approving right-of-way/easement purchases for the Red Oak Road project.
C. Consideration of approving an Ordinance amending the FY 2008 Budget by transferring $676,226 from the Sewer Construction Fund (Deer Creek) to the Dallas Water Line Project Fund.
D. Consideration of approving an Ordinance amending the Subdivision Ordinance 07-06 by amending rules and regulations relating to the subdivision and development of land, approval of plats, and land dedications.
E. Consideration of approving a Resolution suspending the July 30, 2007 effective date of the proposal by ATMOS Energy Corp., Mid-Tex Division to implement interim grip rate adjustments for gas utility investment in 2006.
F. Consideration of approving an Economic Development Agreement between the Red Oak Economic Development Corporation and Anthony Properties for the relocation of the southbound I-35 exit ramp for FM 664.
G. Consideration of approving a contract with TXDOT for the relocation of the southbound I-35 exit ramp for FM 664.
H. Consideration of approving the Interim City Manager’s appointment of an Acting Interim City Manager in his absence or disability.
Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve Consent Agenda A; B; C, Ordinance No. 07-12: AN ORDINANCE AMENDING THE FISCAL YEAR 2006-2007 OFFICIAL BUDGET, ADOPTED BY ORDINANCE NO. 06-38, BY APPROPRIATING $676,226 FROM THE CAPITAL PROJECT SEWER CONSTRUCTION FUND 245 AND TRANSFERRING SUCH AMOUNT TO THE CAPITAL PROJECT DALLAS WATER LINE FUND 225; D, Ordinance No. 07-13: AN ORDINANCE OF THE CITY OF RED OAK, TEXAS, AMENDING THE RULES AND REGULATIONS RELATING TO THE SUBDIVISION AND DEVELOPMENT OF LAND, APPROVAL OF PLATS, AND LAND DEDICATIONS TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE; PROVIDING FOR REQUIREMENTS RELATING TO COMPLETENESS DETERMINATIONS FOR PLAT AND DEVELOPMENT APPLICATIONS; PROVIDING FOR ROUGH PROPORTIONALITY DETERMINATIONS FOR PLAT AND DEVELOPMENT APPLICATIONS WHICH IMPOSE EXACTION REQUIREMENTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OR FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE; E, Resolution No. 07-11: A RESOLUTION BY THE CITY OF RED OAK, TEXAS SUSPENDING THE JULY 30, 2007 EFFECTIVE DATE OF THE PROPOSAL BY ATMOS ENERGY CORP., MID-TEX DIVISION TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2006; AUTHORIZING PARTICIPATION WITH THE ATMOS CITIES STEERING COMMITTEE (“ACSC”) IN A REVIEW AND INQUIRY INTO THE SUFFICIENCY OF THE FILING AND THE BASIS 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 RATEMAKING COSTS; AND REQUIRING DELIVERY OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; F; G; and H. The motion was unanimous.
V. COUNCIL BUSINESS – OPEN SESSION
I. Consideration of approving an Ordinance authorizing the issuance of “City of Red Oak, Texas, General Obligation Refunding Bonds, Series 2007,” in an aggregate principal amount not to exceed $6,300,000; levying a tax in payment thereof; specifying the terms and features of said bonds; approving a purchase contract; approving the official statement; and enacting other provisions relating thereto.
Maria Urbina with First Southwest Company updated Council on the issuance of the Series 2007 General Obligation Refunding Bonds. Councilmember Hargrove made the motion, seconded by Councilmember Smith to approve Ordinance No. 07-14: CITY OF RED OAK, TEXAS, GENERAL OBLIGATION REFUNDING BONDS SERIES 2007. The motion was unanimous.
J. Conduct a Public Hearing and consideration of approving an Ordinance amending portions of Ordinance No. 07-05, the Comprehensive Zoning Ordinance for the City of Red Oak, Texas.
Mayor Pro Tem Goodwyn opened the Public Hearing. No one spoke in favor and no one spoke in opposition to the Comprehensive Zoning Ordinance amendment. 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 Bell to approve Ordinance No. 07-15: AN ORDINANCE AMENDING PORTIONS OF ORDINANCE NO. 07-05, THE 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; PRESCRIBING PENALTIES FOR VIOLATIONS; 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; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES AND REPEALING PORTIONS OF ORDINANCE NO. 07-05; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; 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 a zoning change from Agriculture (AG) to Commercial-1 (C-1) for approximately 0.997 acres in the George C. Parks Survey, City of Red Oak, Ellis County, Texas, located east of Interstate 35 and south of Ovilla Road, requested by Bach A. Diep.
Mayor Pro Tem Goodwyn opened the Public Hearing. Kim Lu, a representative of Mr. Diep’s, spoke in favor of the zoning change and no one spoke in opposition. Councilmember Hargrove made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion was unanimous. Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve Ordinance No. 07-16: AN ORDINANCE AMENDING ORDINANCE NO. 07-05 and NO. 07-15, THE COMPREHENSIVE ZONING ORDINANCE BY CHANGING THE ZONING CLASSIFICATION OF APPROXIMATELY 0.997 ACRES OF LAND IN THE GEORGE C. PARKS SURVEY, CITY OF RED OAK, ELLIS COUNTY, TEXAS, LOCATED EAST OF INTERSTATE 35 AND SOUTH OF OVILLA ROAD, FROM “AGRICULTURE (AG) TO “COMMERCIAL (C-1)” AND REVISING THE OFFICIAL ZONING MAP IN ACCORDANCE THEREWITH; 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. Conduct a Public Hearing and consideration of approving an Ordinance for a Development Plan and zoning change from Agriculture (AG) to Planned Development (PD) zoning for Lots 3,4, and 8, Turner Estates, and from Residential-2 (R-2) to Planned Development (PD) zoning for Lot 9, Turner Estates, City of Red Oak, Ellis County, Texas, requested by Scott Green.
Mayor Pro Tem Goodwyn opened the Public Hearing. Scott Green, owner of the Greenery spoke in favor of the request. Citizens Louie Petty and Sally Null spoke in opposition. Councilmember Lindsey made the motion, seconded by Councilmember Smith to close the Public Hearing. The motion was unanimous. Councilmember Smith made the motion, seconded by Councilmember Bell to reject the Development Plan and zoning change. The motion was unanimous.
M. Conduct a Public Hearing concerning the 2006 Drinking Water Quality Report for the City of Red Oak.
Mayor Pro Tem Goodwyn opened the Public Hearing. No one spoke in favor and no one spoke in opposition. Councilmember Bell made the motion, seconded by Councilmember Hargrove to close the Public Hearing. The motion was unanimous.
N. Discussion and consideration of approving the appointment of a City Attorney and approving a contract.
HR Director Clifton Beck addressed Council and discussed the firms that submitted proposals. Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the firm of Nichols, Jackson, Dillard, Hager, & Smith, LLP and a contract for services. The motion was unanimous. Attorney Robert Hager was present to introduce himself and answer questions from Council.
VI. EXECUTIVE SESSION - Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, the City Council for the City of Red Oak reserves the right to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by Texas Government Code Sections §551.071 (Consultation with Attorney).
In addition, the City Council will convene in Executive Session under Section §551.071 (consultation with attorney) of the Act for the following:
A. To deliberate pending or contemplated litigation concerning the Palmer Community Action Group; ET AL vs. City of Red Oak, County of Ellis Cause No. 69600; and the Ferris annexation east of the City of Red Oak city limits, southeast of Stainback Road, northwest of FM 664 and west of Ferris Road.
Council did not convene into Executive Session.
VII. OPEN SESSION
O. Consideration of approving any action as a result of discussion in Executive Session A.
No action was taken.
P. Discussion and consideration of approving an Ordinance amending the FY 2007 Budget by increasing General Fund revenues and reducing Parks & Recreation fund revenues.
Parks Director Michael Hopping addressed Council concerning the budget amendment. Council and staff discussed the budget amendment. Councilmember Bell made the motion, seconded by Councilmember Smith to approve the FY 2007 Budget amendment increasing General Fund revenues and reducing Parks & Recreation Fund revenues by $87,143.66. The motion was unanimous.
Q. Consideration of approving an infrastructure acceptance agreement for Phase II of Harmony Estates.
Jay Volk with Harmony Estates addressed Council concerning the request of the acceptance agreement. Councilmember made the motion, seconded by Councilmember Lindsey to approve the acceptance agreement amended to include two phases to Phase 2, instead of one. The motion was unanimous.
R. Consideration of issuing a letter of support for the early acquisition of properties from Hillwood properties by TXDOT for proposed Loop 9 project.
Councilmember Bell made the motion, seconded by Councilmember Smith to reject the letter of support. The motion was unanimous.
S. Consideration of approving the termination of the Zyterra WiFi contract.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve the termination of the Zyterra WiFi contract. The motion was unanimous.
T. Consideration of approving a Resolution supporting Alternate #1 alignment for the proposed Loop 9 project.
Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve Resolution 07-12, supporting Alternate #1 alignment for the proposed Loop 9 project. The motion was unanimous.
U. Consideration of approving speed bumps or traffic control devices along Clear Creek Drive.
Councilmember Lindsey made the motion, seconded by Councilmember Smith to approve the appropriate traffic control devices along Clear Creek Drive. The motion was unanimous.
V. Consideration of approving a Resolution supporting the elimination of access to the Red Oak Municipal Center from Clear Creek Drive upon the completion of Lakeview Parkway extending to Red Oak Road.
Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to approve Resolution No. 07-13, A Resolution supporting the elimination of access to the Red Oak Municipal Center from Clear Creek Drive upon the completion of Lakeview Parkway extending to Red Oak Road. The motion carried 4 – 1 with Councilmember Hargrove, Councilmember Lindsey, Councilmember Smith and Mayor Pro Tem Goodwyn voting in favor and Councilmember Bell voting in opposition.
W. Introduction and consideration of approving appointments to the Economic Development Board to fill four terms expiring June 2009 and one term expiring June 2008.
Mayor Pro Tem Goodwyn made the motion, seconded by Councilmember Hargrove to approve the re-appointments of Tim Lightfoot, Bob Eldridge, Patrick Pilarski and Margaret Comer to the Economic Development Corporation Board for terms expiring June 2009 and the appointment of Johnny Knight to the Economic Development Board to fill a term expiring June 2008. The motion carried 4 – 1, with Mayor Pro Tem Goodwyn, Councilmember Hargrove, Councilmember Smith and Councilmember Bell voting in favor of the appointments and Councilmember Lindsey voting in opposition. Councilmember Lindsey asked that it be noted that he had no opposition to Mr. Knight but he would like more representation from the Deer Creek area.
X. Introduction and consideration of approving an appointment to the Planning and Zoning Commission to fill a regular member term expiring June 2009, a possible alternate position expiring June 2008 and approving an appointment to the ZBOA to fill a regular member term expiring June 2009.
Councilmember Hargrove made the motion, seconded by Councilmember Lindsey to appointment alternate member Tom Wilson to a Planning & Zoning Commission regular member position, for a term expiring June 2009 and appoint Alan Hugley to the alternate member position, for a term expiring June 2008. The motion was unanimous. Councilmember Lindsey made the motion, seconded by Councilmember Smith to appoint ZBOA alternate member Charlie Daubitz to a regular member position on the ZBOA, for a term expiring June 2009. The motion was unanimous.
Y. Consideration of approving a resignation of an alternate member and approving an appointment to the Parks & Recreation Commission to fill an alternate member term expiring June 2009.
Councilmember Hargrove made the motion, seconded by Councilmember Bell to approve the resignation of alternate member Tamera Moses from the Parks & Recreation Commission and approve the appointment of Ralph Madden as an alternate member of the Parks & Recreation Commission for a term expiring June 2009. The motion was unanimous.
Z. Introduction and consideration of approving an appointment to the Library Advisory Board to fill a regular member term expiring October 2008.
Christina Renee Hogan introduced herself to Council. Councilmember Smith made the motion, seconded by Councilmember Lindsey to approve the appointment of Christina Hogan to the Library Advisory Board as a regular member, for a term expiring October 2008 and approve the appointment of Tamera Moses as an alternate member, for a term expiring October 2007. The motion was unanimous.
AA. Discussion and consideration of approving the compensation of the Interim City Manager.
Councilmember Lindsey made the motion, seconded by Councilmember Hargrove to approve a 10% increase of salary for Interim City Manager Fuller until which time a City Manager is hired. The motion was unanimous.
BB. Discussion concerning the FY 2007 Budget and consideration of approving the hiring of an outside audit firm to audit the City of Red Oak FY 2007 Budget.
Interim City Manager Todd Fuller addressed Council and discussed issues concerning the current budget and the need for an outside audit firm to audit the current budget. No action was taken.
CC. Discussion concerning the preliminary FY 2008 Budget.
Interim City Manager Fuller started the discussion concerning the preliminary FY 2008 Budget. Department Heads addressed Council with their preliminary department budgets and answered questions from Council.
DD. Consideration of approving overhead utility re-locations for the Red Oak Road project.
Councilmember Hargrove made the motion, seconded by Councilmember Bell to approve overhead utility re-locations for the Red Oak Road project. The motion was unanimous.
VIII. REPORTS
Reports were given by the following:
City Engineer Gina Garcia - Major Project Schedule
HR Director Clifton – Update on Chief of Police and City Manager selection
Interim City Manager Todd Fuller – Update on meeting and opportunities with the YMCA.
IX. CITIZENS TO BE HEARD
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
Citizens Guila Jackson and Bill Brown spoke on issues concerning the Deer Creek area.
X. ADJOURNMENT
Mayor Pro Tem Goodwyn adjourned the meeting at 9:41 P.M.
________________________________
Ben Goodwyn, Mayor Pro Tem
Attested: ________________________
Judy Grant, City Secretary
