8:00 AM
NOVEMBER 2007 CITY COUNCIL REGULAR MEETING
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, NOVEMBER 13, 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 Hugley called the meeting to order and declared a quorum present and notices legally posted at 7:02 p.m. Members present were Councilmember Ben Goodwyn, Councilmember Eric Smith, Councilmember Casey Hargrove and Councilmember Andy Bell. Councilmember Scott Lindsey was not present due to business out of town.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Councilmember Smith gave the Invocation and Mayor Hugley led the Council and citizens in the Pledge of Allegiance.
III. INTRODUCE – David Hall, Director of Public Works
City Manager Scott Albert introduced David Hall as the new Director of Public Works for the City of Red Oak.
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. Consider approval of the minutes of the October 9, 2007, Regular City Council Meeting and the October 22, 2007, Special City Council Meeting.
B. Consider of approval of a Resolution to cast votes to elect directors for the Ellis Central Appraisal District for the years 2008-2009.
Councilmember Goodwyn made the motion, seconded by Councilmember Bell to approve Consent Agenda Item A. The motion was unanimous. City Manager Scott Albert requested that Consent Agenda Item B be pulled from the agenda and will be held for the December 10, 2007, City Council Meeting.
V. COUNCIL BUSINESS – OPEN SESSION
C. Conduct a Public Hearing and consider approval of an Ordinance for a Specific Use Permit for a 1,200 square feet brick accessory building for 311 Meadow Lane, being Lot 3, Block 3, Green Valley Acres, City of Red Oak, Ellis County, Texas, located south of Pierce Road and east of Lowrance Rd, requested by Al Thomas.
Mayor Hugley opened the Public Hearing. Spoke in favor: Alan Thomas. None in opposition with one (1) written opposition. Councilmember Goodwyn made the motion, seconded by Councilmember Smith to continue the Public Hearing until December 10, 2007. The motion was unanimous. No action was taken on the ordinance.
D. Conduct a Public Hearing and consider approval of an Ordinance for a Specific Use Permit for allowing Major Auto Repair in Commercial-1 (C-1) zoning for 401 N. Hwy. 342, being .2968 acres, McKinney & Williams Survey, A-751, City of Red Oak, Ellis County, Texas, located south of Ovilla Road and west of Hwy. 342, requested by Lazaro Vargas.
No one spoke in favor or opposition. Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to open and continue the Public Hearing until December 10, 2007. The motion was unanimous. No action was taken on the ordinance.
E. Conduct a Public Hearing and consider approval of an Ordinance for a text change amendment to the Zoning Ordinance to permit a Permanent Cosmetics Studio in a Commercial-2 (C-2) zoning district with a Special Use Permit and providing a definition.
Mayor Hugley opened the Public Hearing. No one spoke in favor or opposition. Councilmember Hargrove made the motion, seconded by Councilmember Goodwyn to close the Public Hearing. The motion was unanimous. Councilmember Goodwyn made the motion, seconded by Councilmember Bell to approve an Ordinance for a text change amendment to the Zoning Ordinance to permit a Permanent Cosmetics Studio in a Commercial-2 (C-2) and to incorporate the following definitions: Permanent Cosmetic Studio/Tattoo Parlor – shall mean an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. Tattooing – shall mean any method of placing permanent designs, letters, scrolls, figure, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding. The motion was unanimous.
F. Discussion and possible action regarding appointing the Mayor Pro Tem.
Mayor Hugley recommended Councilmember Smith as his appointment as Mayor Pro Tem. Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to appoint Councilmember Smith as Mayor Pro Tem. The motion carried 3-0 with Councilmember Smith abstaining from the vote.
G. Discussion and possible action regarding a developer’s agreement with Howitzer International.
No action taken.
H. Discussion and possible action regarding option agreement to purchase real property with right to extend option term between the City of Red Oak and Clyde Pratt Jr. and Barbara Pratt-Sutton.
Councilmember Hargrove made the motion, seconded by Councilmember Goodwyn to approve the option agreement to purchase real property with right to extend option term between the City of Red Oak and Clyde Pratt Jr. and Barbara Pratt-Sutton and authorize the Mayor to execute. The motion was unanimous.
I. Discussion and possible action regarding option agreement to purchase real property with right to extend option term between the City of Red Oak and Garland Beaty and Linda Rae Beaty.
Councilmember Hargrove made the motion, seconded by Councilmember Bell to approve an option agreement to purchase real property with right to extend option term between the City of Red Oak and Garland Beaty and Linda Rae Beaty and authorize the Mayor to execute. The motion was unanimous.
J. Discussion and possible action regarding priorities for chip and seal road improvements.
Butterfly, Sunflower, Pansey and Stainback roadways were discussed as priorities, with staff to prepare a street improvements plan for the December 10, 2007, City Council Meeting. No action taken.
K. Discussion and possible action regarding an engineering services agreement for the preparation of the City of Red Oak annexation map.
No action taken.
L. Discussion and possible action regarding a contract for preparing and submitting the Phase II Notice of Intent (NOI) and Stormwater management Program.
Councilmember Hargrove made the motion, seconded by Councilmember Goodwyn to approve a contract for preparing and submitting the Phase II Notice of Intent (NOI) and Stormwater Management Program with Civil Associates, Inc. in the amount of $14,902. The motion was unanimous.
VI. CITIZENS FORUM
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
No one spoke.
VII. 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 pursuant to Section §551.072 (Deliberations about Real Property) for the following:
A. To deliberate the purchase of park property.
B. To receive advice from the City Attorney concerning the Palmer Action Group; ETAL vs. City of Red Oak, County 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 convened into Executive Session at 7:48 p.m. and re-convened into Open Session at 9:03 p.m.
VIII. OPEN SESSION
M. Consideration of approving any action as a result of discussion in Executive Session A.
No action taken.
N. Consideration of approving any action as a result of discussion in Executive Session B.
Councilmember Bell made the motion, seconded by Councilmember Smith to appoint Terry Morgan & Associates as lead council in the current litigation with the City of Palmer, Ferris and Palmer Action Group, increasing expenditures to Terry Morgan & Associates as discussed in Executive Session. The motion was unanimous.
IX. REPORTS
Asst. Finance Director Report - Current year finance update.
X. ADJOURNMENT
Councilmember Goodwyn made the motion, seconded by Councilmember Smith to adjourn the meeting at 9:11 p.m.
________________________________
Alan Hugley, Mayor
Attested: ________________________
Scott Albert, City Manager/City Secretary
MINUTES OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, NOVEMBER 13, 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 Hugley called the meeting to order and declared a quorum present and notices legally posted at 7:02 p.m. Members present were Councilmember Ben Goodwyn, Councilmember Eric Smith, Councilmember Casey Hargrove and Councilmember Andy Bell. Councilmember Scott Lindsey was not present due to business out of town.
II. INVOCATION & PLEDGE OF ALLEGIANCE
Councilmember Smith gave the Invocation and Mayor Hugley led the Council and citizens in the Pledge of Allegiance.
III. INTRODUCE – David Hall, Director of Public Works
City Manager Scott Albert introduced David Hall as the new Director of Public Works for the City of Red Oak.
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. Consider approval of the minutes of the October 9, 2007, Regular City Council Meeting and the October 22, 2007, Special City Council Meeting.
B. Consider of approval of a Resolution to cast votes to elect directors for the Ellis Central Appraisal District for the years 2008-2009.
Councilmember Goodwyn made the motion, seconded by Councilmember Bell to approve Consent Agenda Item A. The motion was unanimous. City Manager Scott Albert requested that Consent Agenda Item B be pulled from the agenda and will be held for the December 10, 2007, City Council Meeting.
V. COUNCIL BUSINESS – OPEN SESSION
C. Conduct a Public Hearing and consider approval of an Ordinance for a Specific Use Permit for a 1,200 square feet brick accessory building for 311 Meadow Lane, being Lot 3, Block 3, Green Valley Acres, City of Red Oak, Ellis County, Texas, located south of Pierce Road and east of Lowrance Rd, requested by Al Thomas.
Mayor Hugley opened the Public Hearing. Spoke in favor: Alan Thomas. None in opposition with one (1) written opposition. Councilmember Goodwyn made the motion, seconded by Councilmember Smith to continue the Public Hearing until December 10, 2007. The motion was unanimous. No action was taken on the ordinance.
D. Conduct a Public Hearing and consider approval of an Ordinance for a Specific Use Permit for allowing Major Auto Repair in Commercial-1 (C-1) zoning for 401 N. Hwy. 342, being .2968 acres, McKinney & Williams Survey, A-751, City of Red Oak, Ellis County, Texas, located south of Ovilla Road and west of Hwy. 342, requested by Lazaro Vargas.
No one spoke in favor or opposition. Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to open and continue the Public Hearing until December 10, 2007. The motion was unanimous. No action was taken on the ordinance.
E. Conduct a Public Hearing and consider approval of an Ordinance for a text change amendment to the Zoning Ordinance to permit a Permanent Cosmetics Studio in a Commercial-2 (C-2) zoning district with a Special Use Permit and providing a definition.
Mayor Hugley opened the Public Hearing. No one spoke in favor or opposition. Councilmember Hargrove made the motion, seconded by Councilmember Goodwyn to close the Public Hearing. The motion was unanimous. Councilmember Goodwyn made the motion, seconded by Councilmember Bell to approve an Ordinance for a text change amendment to the Zoning Ordinance to permit a Permanent Cosmetics Studio in a Commercial-2 (C-2) and to incorporate the following definitions: Permanent Cosmetic Studio/Tattoo Parlor – shall mean an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: (1) placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. Tattooing – shall mean any method of placing permanent designs, letters, scrolls, figure, symbols, or any other marks upon or under the skin with ink or any other substance, by the aid of needles or any other instruments designed to touch or puncture the skin, resulting in either the coloration of the skin, or the production of scars or scarring, other than by branding. The motion was unanimous.
F. Discussion and possible action regarding appointing the Mayor Pro Tem.
Mayor Hugley recommended Councilmember Smith as his appointment as Mayor Pro Tem. Councilmember Goodwyn made the motion, seconded by Councilmember Hargrove to appoint Councilmember Smith as Mayor Pro Tem. The motion carried 3-0 with Councilmember Smith abstaining from the vote.
G. Discussion and possible action regarding a developer’s agreement with Howitzer International.
No action taken.
H. Discussion and possible action regarding option agreement to purchase real property with right to extend option term between the City of Red Oak and Clyde Pratt Jr. and Barbara Pratt-Sutton.
Councilmember Hargrove made the motion, seconded by Councilmember Goodwyn to approve the option agreement to purchase real property with right to extend option term between the City of Red Oak and Clyde Pratt Jr. and Barbara Pratt-Sutton and authorize the Mayor to execute. The motion was unanimous.
I. Discussion and possible action regarding option agreement to purchase real property with right to extend option term between the City of Red Oak and Garland Beaty and Linda Rae Beaty.
Councilmember Hargrove made the motion, seconded by Councilmember Bell to approve an option agreement to purchase real property with right to extend option term between the City of Red Oak and Garland Beaty and Linda Rae Beaty and authorize the Mayor to execute. The motion was unanimous.
J. Discussion and possible action regarding priorities for chip and seal road improvements.
Butterfly, Sunflower, Pansey and Stainback roadways were discussed as priorities, with staff to prepare a street improvements plan for the December 10, 2007, City Council Meeting. No action taken.
K. Discussion and possible action regarding an engineering services agreement for the preparation of the City of Red Oak annexation map.
No action taken.
L. Discussion and possible action regarding a contract for preparing and submitting the Phase II Notice of Intent (NOI) and Stormwater management Program.
Councilmember Hargrove made the motion, seconded by Councilmember Goodwyn to approve a contract for preparing and submitting the Phase II Notice of Intent (NOI) and Stormwater Management Program with Civil Associates, Inc. in the amount of $14,902. The motion was unanimous.
VI. CITIZENS FORUM
Comments, questions, or presentations for non-agenda items from citizens, but no action may be taken by City Council.
No one spoke.
VII. 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 pursuant to Section §551.072 (Deliberations about Real Property) for the following:
A. To deliberate the purchase of park property.
B. To receive advice from the City Attorney concerning the Palmer Action Group; ETAL vs. City of Red Oak, County 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 convened into Executive Session at 7:48 p.m. and re-convened into Open Session at 9:03 p.m.
VIII. OPEN SESSION
M. Consideration of approving any action as a result of discussion in Executive Session A.
No action taken.
N. Consideration of approving any action as a result of discussion in Executive Session B.
Councilmember Bell made the motion, seconded by Councilmember Smith to appoint Terry Morgan & Associates as lead council in the current litigation with the City of Palmer, Ferris and Palmer Action Group, increasing expenditures to Terry Morgan & Associates as discussed in Executive Session. The motion was unanimous.
IX. REPORTS
Asst. Finance Director Report - Current year finance update.
X. ADJOURNMENT
Councilmember Goodwyn made the motion, seconded by Councilmember Smith to adjourn the meeting at 9:11 p.m.
________________________________
Alan Hugley, Mayor
Attested: ________________________
Scott Albert, City Manager/City Secretary
