12:00 PM
JUNE 2008 CITY COUNCIL REGULAR MEETING
NOTICE OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, JUNE 9, 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, June 9, 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 Any item requiring additional discussion may be withdrawn from the Consent Agenda by the mayor, councilmember or city manager, and acted upon separately.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 and/or action regarding approval of the following Minutes:
• April 17, 2008 – Joint Workshop
• April 24, 2008 – Public Hearing
• May 12, 2008 - Regular Meeting
• May 15, 2008 – Called Meeting
• May 31, 2008 – Special Meeting
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 consideration of an Ordinance (08-49) amending the Development Plan for approximately 119.1 acres, Robert Bell Survey, A-60, City of Red Oak, Ellis County, Texas, located south of Pierce Road and east of SH 342, requested by the Red Oak Independent School District. (T. Fuller)
B. Discussion and possible action concerning a Resolution (08-09R) waiving of the 3% administrative building permit fee for the Red Oak High School. (T. Fuller)
C. Conduct a Public Hearing and consideration of an Ordinance (08-50) approving a zoning change from Agriculture (AG) to Commercial-1 (C-1) for approximately 2.5 acres and from Agriculture (AG) to Industrial (I) for approximately 7.5 acres, Benjamin E. Frazier Survey, A-371, City of Red Oak, Ellis County, Texas, located south of Ovilla Road, west of the M. K. & T. Railroad and State Hwy. 342, requested by Douglas W. Hunt. (T. Fuller)
D. Discussion and possible action concerning a Preliminary Plat for approximately 9.947 acres in the Benjamin E. Frazier Survey, A-371, City of Red Oak, Ellis County, Texas, located south of Ovilla Road, west of the M. K. & T. Railroad and State Hwy. 342, requested by Douglas W. Hunt. (T. Fuller)
E. Discussion and possible action concerning the possible amendment of a developer’s agreement with Howitzer Development for Waterview Farms Commercial Development. (T. Fuller)
F. Discussion and possible action regarding an Ordinance (08-48) providing for Curfew Hours for Minors in the City of Red Oak, for a period of three (3) years, defining terms; creating offenses for minors, parents and guardians of minors and business establishments for violating curfew regulations. (C. Rudolph)
G. Discussion and possible action regarding an Ordinance (08-47) establishing a Building and Standards Commission and implementing Subchapter C, Chapter 54, of the Local Government Code; Providing for Quasi-Judicial enforcement of Health and Safety Ordinances dealing with matters of public safety relating to materials or methods used to construct buildings or improvements; relating to fire safety; relating to dangerous or deteriorated buildings or improvements; and relating to conditions caused by the accumulation of refuse and other matters that create breeding and living places for insects and rodents. (C. Rudolph)
H. Discussion and possible action regarding a Resolution (08-10R) approving Termination of Option Agreement between the City of Red Oak and Clyde A. Pratt, Jr. and Barbara Pratt Sutton to purchase Real Property. (S. Albert)
I. Discussion and possible action regarding a Resolution (08-11R) approving Industrial Development Funding Agreement between the City of Red Oak and the City of Red Oak Industrial Development Corporation for the purchase of real property located in the city’s jurisdiction for economic development, open space, park and recreation, and other public purposes. (S. Albert)
J. Discussion and possible action regarding a Resolution (08-12R) approving Agreement between the City of Red Oak and the Texas Parks and Recreation Foundation. (S. Albert)
K. Discussion and possible action regarding an Agreement between the City of Red Oak and The Oaks Fellowship. (S. Albert)
L. Discussion regarding Speed Hump Policy. (S. Albert)
M. Discussion and consideration of water/sewer rate increases. (Councilmember Hargrove)
6. BOARDS/COMMISSIONS:
A. Resignation of Board Members – Consider approval of the resignations of Board/Commission Members: Resignation of Robin Rich, Parks & Recreation Board, Secretary. (M. Hopping)
B. Appointment/Reappointment to Boards and Commissions – Consider approval regarding appointments to Boards/Commissions. Appointment of Jeff Smith (M. Hopping)
7. EXECUTIVE SESSION:
Section 551.071: As authorized by Chapter 551 of the Texas Government Code, the City council reserves the right to adjourn into Executive Session at any time during the course of this meeting to seek legal advice from the City Attorney about any matters listed on the agenda, in addition to the following matters:
A. Section 551.074, Deliberation on the appointment, employment, evaluation, and/or duties regarding personnel: Finance Director
B. Section 551.071, Consultation with Attorney: To receive advice concerning the Palmer Action Group et al vs. City of Red Oak settlement, County Ellis Cause No. 69600, and to receive advice of counsel on legal issues pertaining to related agreements with property owners and annexation matters pursuant to the attorney’s ethical duty to advise the City.
C. Section 551.072, Deliberation regarding Real Property: Proposed park land located in the R. Crow Survey, Abstract No. 199 and the H. Crum Survey, Abstract No. 280, Ellis County, Texas.
8. REGULAR SESSION:
A. Reconvene and 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 6th day of June, 2008, before 7:00 p.m. in accordance with the Texas Government Code, Chapter 551.
_________________________________
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, JUNE 9, 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, June 9, 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 and/or action regarding approval of the following Minutes:
• April 17, 2008 – Joint Workshop
• April 24, 2008 – Public Hearing
• May 12, 2008 - Regular Meeting
• May 15, 2008 – Called Meeting
• May 31, 2008 – Special Meeting
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 consideration of an Ordinance (08-49) amending the Development Plan for approximately 119.1 acres, Robert Bell Survey, A-60, City of Red Oak, Ellis County, Texas, located south of Pierce Road and east of SH 342, requested by the Red Oak Independent School District. (T. Fuller)
B. Discussion and possible action concerning a Resolution (08-09R) waiving of the 3% administrative building permit fee for the Red Oak High School. (T. Fuller)
C. Conduct a Public Hearing and consideration of an Ordinance (08-50) approving a zoning change from Agriculture (AG) to Commercial-1 (C-1) for approximately 2.5 acres and from Agriculture (AG) to Industrial (I) for approximately 7.5 acres, Benjamin E. Frazier Survey, A-371, City of Red Oak, Ellis County, Texas, located south of Ovilla Road, west of the M. K. & T. Railroad and State Hwy. 342, requested by Douglas W. Hunt. (T. Fuller)
D. Discussion and possible action concerning a Preliminary Plat for approximately 9.947 acres in the Benjamin E. Frazier Survey, A-371, City of Red Oak, Ellis County, Texas, located south of Ovilla Road, west of the M. K. & T. Railroad and State Hwy. 342, requested by Douglas W. Hunt. (T. Fuller)
E. Discussion and possible action concerning the possible amendment of a developer’s agreement with Howitzer Development for Waterview Farms Commercial Development. (T. Fuller)
F. Discussion and possible action regarding an Ordinance (08-48) providing for Curfew Hours for Minors in the City of Red Oak, for a period of three (3) years, defining terms; creating offenses for minors, parents and guardians of minors and business establishments for violating curfew regulations. (C. Rudolph)
G. Discussion and possible action regarding an Ordinance (08-47) establishing a Building and Standards Commission and implementing Subchapter C, Chapter 54, of the Local Government Code; Providing for Quasi-Judicial enforcement of Health and Safety Ordinances dealing with matters of public safety relating to materials or methods used to construct buildings or improvements; relating to fire safety; relating to dangerous or deteriorated buildings or improvements; and relating to conditions caused by the accumulation of refuse and other matters that create breeding and living places for insects and rodents. (C. Rudolph)
H. Discussion and possible action regarding a Resolution (08-10R) approving Termination of Option Agreement between the City of Red Oak and Clyde A. Pratt, Jr. and Barbara Pratt Sutton to purchase Real Property. (S. Albert)
I. Discussion and possible action regarding a Resolution (08-11R) approving Industrial Development Funding Agreement between the City of Red Oak and the City of Red Oak Industrial Development Corporation for the purchase of real property located in the city’s jurisdiction for economic development, open space, park and recreation, and other public purposes. (S. Albert)
J. Discussion and possible action regarding a Resolution (08-12R) approving Agreement between the City of Red Oak and the Texas Parks and Recreation Foundation. (S. Albert)
K. Discussion and possible action regarding an Agreement between the City of Red Oak and The Oaks Fellowship. (S. Albert)
L. Discussion regarding Speed Hump Policy. (S. Albert)
M. Discussion and consideration of water/sewer rate increases. (Councilmember Hargrove)
6. BOARDS/COMMISSIONS:
A. Resignation of Board Members – Consider approval of the resignations of Board/Commission Members: Resignation of Robin Rich, Parks & Recreation Board, Secretary. (M. Hopping)
B. Appointment/Reappointment to Boards and Commissions – Consider approval regarding appointments to Boards/Commissions. Appointment of Jeff Smith (M. Hopping)
7. EXECUTIVE SESSION:
Section 551.071: As authorized by Chapter 551 of the Texas Government Code, the City council reserves the right to adjourn into Executive Session at any time during the course of this meeting to seek legal advice from the City Attorney about any matters listed on the agenda, in addition to the following matters:
A. Section 551.074, Deliberation on the appointment, employment, evaluation, and/or duties regarding personnel: Finance Director
B. Section 551.071, Consultation with Attorney: To receive advice concerning the Palmer Action Group et al vs. City of Red Oak settlement, County Ellis Cause No. 69600, and to receive advice of counsel on legal issues pertaining to related agreements with property owners and annexation matters pursuant to the attorney’s ethical duty to advise the City.
C. Section 551.072, Deliberation regarding Real Property: Proposed park land located in the R. Crow Survey, Abstract No. 199 and the H. Crum Survey, Abstract No. 280, Ellis County, Texas.
8. REGULAR SESSION:
A. Reconvene and 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 6th day of June, 2008, before 7:00 p.m. in accordance with the Texas Government Code, Chapter 551.
_________________________________
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.
