7:00 PM
APRIL 2008 CITY COUNCIL REGULAR MEETING
NOTICE OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, APRIL 14, 2008
Pursuant to Section 551 of the Texas Government Code, notice is hereby given of a Regular Meeting of the Red Oak City Council to be held on Monday, April 14, 2008, 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:
Mayor:
Council Members:
Alan Hugley
Eric Smith
City Manager:
Ben Goodwyn
Scott Albert
Scott Lindsey
City Secretary:
Casey Hargrove
Cynthia Olguin
Andy Bell
1. 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.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
3. CONSENT AGENDA:
Consent Agenda items are considered to be routine in nature and may be acted upon in one motion. Any item requiring additional discussion may be withdrawn from the Consent Agenda by the mayor, councilmember or city manager, and acted upon separately.
A. Consider approval of Minutes:
• March 10, 2008 Regular Council Meeting
• March 17, 2008 Special Called Meeting
• March 18, 2008 Special Called Meeting
• March 24, 2008 Special Called Meeting
• March 25, 2008 Special Called Meeting
• April 8, 2008 Special Called Meeting
B. Consider approval of an Ordinance amending the Fiscal Year 2007-2008 Budget to increase Fire District Expenses. (E. Thompson).
4. CITIZEN FORUM:
At this time, any person with business before the Council not scheduled on the agenda may speak to the Council. No formal action can be taken on these items at this meeting.
5. COUNCIL BUSINESS - OPEN SESSION
A. Conduct a Public Hearing and possible concerning a zoning change from Agriculture (AG) to Planned Development (PD) zoning and a Development Plan for E Lots 7, 8, Lots 5 & 6, Lot 16, Block B, Biltmore Gardens, approximately .564 acres, City of Red Oak, Ellis County, Texas, located north of Ovilla Rd., south of Tater Brown Rd and east of Interstate 35, requested by Szymczak Third Family Limited Partnership. (T. Fuller)
B. Conduct a Public Hearing and possible action concerning amending the City of Red Oak Future Land Use Plan map from Commercial-1 (C-1) to Planned Development (PD) zoning, for Lots 9 and 24, Block C, Highland Meadows, approximately 1.092 acres, City of Red Oak, Ellis County, Texas, located south of Ovilla Road, west of Butterfly Lane and east of Sunflower, requested by Steel Dust II, Inc. (T. Fuller)
C. Conduct a Public Hearing and possible action concerning Consideration of approving a zoning change from Commercial-1 (C-1) to Planned Development (PD) zoning and a Development Plan for Lots 9 and 24, Block C, Highland Meadows, approximately 1.092 acres, City of Red Oak, Ellis County, Texas, located south of Ovilla road, west of Butterfly Lane and east of Sunflower, requested by Steel Dust II, Inc. (T. Fuller)
D. Discussion regarding flooding within the vicinity of Country Creek Lane. (S. Albert)
E. Discussion and possible action regarding approval of an Ordinance repealing annexation Ordinances Nos 05-19 to 05-22 inclusive, 05-26 and 05-27 (as amended), disannexing land, and reducing ETJ. (T. Fuller)
F. Discussion and possible action regarding an ordinance annexing land to City of Red Oak comprising 2008 annexation Tracts 8-17. (T. Fuller)
G. Discussion and possible action regarding an ordinance accepting petition of Dan Quinn for inclusion of land in Red Oak ETJ and expanding Red Oak ETJ to include 2008 annexation Tract 17 (in part). (T. Fuller)
H. Discussion and possible action regarding an ordinance annexing land to City of Red Oak on voluntary petition of ¬¬¬Dan Quinn, including 2008 annexation Tract 17. (T. Fuller)
I. Discussion and possible action regarding an Ordinance accepting petitions of property owners for inclusion in Red Oak’s ETJ. (T. Fuller)
J. Discussion and possible action regarding acceptance of territory released by Palmer within territory allocated to Red Oak pursuant to boundary agreement. (T. Fuller) [moved sequence]
K. Discussion and possible action regarding an ordinance amending Chapter 70 of the Code of Ordinances, amending Speed Limit on Stainback Road. (D. Hall)
L. Discussion and possible action regarding a master contract for plan review and inspection services with Bureau Veritas. (S. Albert)
M. Discussion and possible action regarding a Resolution amending the City of Red Oak’s building permit fees. (D. Hall)
N. Discussion and possible action regarding an Ordinance amending the City of Red Oak’s building codes. (D. Hall)
O. Discussion and possible action regarding an engineering service agreement with Birkhoff, Hendricks and Conway for the production of a city annexation map. (S. Albert)
P. Discussion and possible action regarding an Interlocal contract lease of voting machines between Ellis County, Texas and City of Red Oak. (C.Olguin)
Q. Discussion and possible action regarding an appointment to the Planning and Zoning Commission. (S. Albert)
6. EXECUTIVE SESSION - In accordance with the Texas Government Code.
7.
Section 551.071 (2) - Consultation with City Attorney on any Work Session, Special or Regular Session agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said items (as needed). Additionally, the Council will convene into Executive Session regarding the following:
A. Section 551.071, Consultation with Attorney: To receive advice concerning the Palmer Action Group et al vs. City of Red Oak, County Ellis Cause No. 69600.
B. Section 551.071, Consultation with Attorney: To receive advice concerning the City of Red Oak vs. Primary Media, Ellis County Cause No. 76260
C. Section 551.074, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal: Public Works Director
8. OPEN SESSION:
A. Consider action, if any, resulting from Executive Session.
9. DEPARTMENT REPORTS:
10. ADJOURNMENT:
CERTIFICATION
I certify that the above agenda of items to be considered by the Red Oak City Council was posted on the City Hall bulletin board on the 11th day of April, 2008, before 7:00 p.m. in accordance with the Texas Government Code, Chapter 551.
Attested: _________________________________
Cynthia Olguin, City Secretary
ACCESSIBILITY STATEMENT
The Red Oak City Hall is wheelchair accessible with an entry ramp and accessible parking spaces located in front of the building. Persons with a disability, who plan to attend this meeting and need accommodations, please contact the City Secretary’s Office at (972) 617-3638.
NOTICE OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, APRIL 14, 2008
Pursuant to Section 551 of the Texas Government Code, notice is hereby given of a Regular Meeting of the Red Oak City Council to be held on Monday, April 14, 2008, 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:
| Mayor: | Council Members: |
| Alan Hugley | Eric Smith |
| City Manager: | Ben Goodwyn |
| Scott Albert | Scott Lindsey |
| City Secretary: | Casey Hargrove |
| Cynthia Olguin | Andy Bell |
1. 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.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
3. CONSENT AGENDA:
Consent Agenda items are considered to be routine in nature and may be acted upon in one motion. Any item requiring additional discussion may be withdrawn from the Consent Agenda by the mayor, councilmember or city manager, and acted upon separately.
A. Consider approval of Minutes:
• March 10, 2008 Regular Council Meeting
• March 17, 2008 Special Called Meeting
• March 18, 2008 Special Called Meeting
• March 24, 2008 Special Called Meeting
• March 25, 2008 Special Called Meeting
• April 8, 2008 Special Called Meeting
B. Consider approval of an Ordinance amending the Fiscal Year 2007-2008 Budget to increase Fire District Expenses. (E. Thompson).
4. CITIZEN FORUM:
At this time, any person with business before the Council not scheduled on the agenda may speak to the Council. No formal action can be taken on these items at this meeting.
5. COUNCIL BUSINESS - OPEN SESSION
A. Conduct a Public Hearing and possible concerning a zoning change from Agriculture (AG) to Planned Development (PD) zoning and a Development Plan for E Lots 7, 8, Lots 5 & 6, Lot 16, Block B, Biltmore Gardens, approximately .564 acres, City of Red Oak, Ellis County, Texas, located north of Ovilla Rd., south of Tater Brown Rd and east of Interstate 35, requested by Szymczak Third Family Limited Partnership. (T. Fuller)
B. Conduct a Public Hearing and possible action concerning amending the City of Red Oak Future Land Use Plan map from Commercial-1 (C-1) to Planned Development (PD) zoning, for Lots 9 and 24, Block C, Highland Meadows, approximately 1.092 acres, City of Red Oak, Ellis County, Texas, located south of Ovilla Road, west of Butterfly Lane and east of Sunflower, requested by Steel Dust II, Inc. (T. Fuller)
C. Conduct a Public Hearing and possible action concerning Consideration of approving a zoning change from Commercial-1 (C-1) to Planned Development (PD) zoning and a Development Plan for Lots 9 and 24, Block C, Highland Meadows, approximately 1.092 acres, City of Red Oak, Ellis County, Texas, located south of Ovilla road, west of Butterfly Lane and east of Sunflower, requested by Steel Dust II, Inc. (T. Fuller)
D. Discussion regarding flooding within the vicinity of Country Creek Lane. (S. Albert)
E. Discussion and possible action regarding approval of an Ordinance repealing annexation Ordinances Nos 05-19 to 05-22 inclusive, 05-26 and 05-27 (as amended), disannexing land, and reducing ETJ. (T. Fuller)
F. Discussion and possible action regarding an ordinance annexing land to City of Red Oak comprising 2008 annexation Tracts 8-17. (T. Fuller)
G. Discussion and possible action regarding an ordinance accepting petition of Dan Quinn for inclusion of land in Red Oak ETJ and expanding Red Oak ETJ to include 2008 annexation Tract 17 (in part). (T. Fuller)
H. Discussion and possible action regarding an ordinance annexing land to City of Red Oak on voluntary petition of ¬¬¬Dan Quinn, including 2008 annexation Tract 17. (T. Fuller)
I. Discussion and possible action regarding an Ordinance accepting petitions of property owners for inclusion in Red Oak’s ETJ. (T. Fuller)
J. Discussion and possible action regarding acceptance of territory released by Palmer within territory allocated to Red Oak pursuant to boundary agreement. (T. Fuller) [moved sequence]
K. Discussion and possible action regarding an ordinance amending Chapter 70 of the Code of Ordinances, amending Speed Limit on Stainback Road. (D. Hall)
L. Discussion and possible action regarding a master contract for plan review and inspection services with Bureau Veritas. (S. Albert)
M. Discussion and possible action regarding a Resolution amending the City of Red Oak’s building permit fees. (D. Hall)
N. Discussion and possible action regarding an Ordinance amending the City of Red Oak’s building codes. (D. Hall)
O. Discussion and possible action regarding an engineering service agreement with Birkhoff, Hendricks and Conway for the production of a city annexation map. (S. Albert)
P. Discussion and possible action regarding an Interlocal contract lease of voting machines between Ellis County, Texas and City of Red Oak. (C.Olguin)
Q. Discussion and possible action regarding an appointment to the Planning and Zoning Commission. (S. Albert)
6. EXECUTIVE SESSION - In accordance with the Texas Government Code.
7.
Section 551.071 (2) - Consultation with City Attorney on any Work Session, Special or Regular Session agenda item requiring confidential, attorney/client advice necessitated by the deliberation or discussion of said items (as needed). Additionally, the Council will convene into Executive Session regarding the following:
A. Section 551.071, Consultation with Attorney: To receive advice concerning the Palmer Action Group et al vs. City of Red Oak, County Ellis Cause No. 69600.
B. Section 551.071, Consultation with Attorney: To receive advice concerning the City of Red Oak vs. Primary Media, Ellis County Cause No. 76260
C. Section 551.074, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal: Public Works Director
8. OPEN SESSION:
A. Consider action, if any, resulting from Executive Session.
9. DEPARTMENT REPORTS:
10. ADJOURNMENT:
CERTIFICATION
I certify that the above agenda of items to be considered by the Red Oak City Council was posted on the City Hall bulletin board on the 11th day of April, 2008, before 7:00 p.m. in accordance with the Texas Government Code, Chapter 551.
Attested: _________________________________
Cynthia Olguin, City Secretary
ACCESSIBILITY STATEMENT
The Red Oak City Hall is wheelchair accessible with an entry ramp and accessible parking spaces located in front of the building. Persons with a disability, who plan to attend this meeting and need accommodations, please contact the City Secretary’s Office at (972) 617-3638.
