12:00 PM
APRIL 8, 2008 CITY COUNCIL SPECIAL MEETING
MINUTES
NOTICE OF SPECIAL CALLED MEETING
RED OAK CITY COUNCIL
TUESDAY, APRIL 8, 2008
A Special Called Meeting of the Red Oak City Council was held on Tuesday, April 8, 2008 at 7:30 p.m. in the City Council Chambers of the Red Oak Municipal Center, 200 Lakeview Parkway, Red Oak, Texas, with the following members present, to wit:
City Council:
Mayor, Alan Hugley
Councilmember Andy Bell
Councilmember Ben Goodwyn
Councilmember Scott Lindsey
Absent: Councilmember Smith and Councilmember Hargrove
Staff Present: Scott Albert, City Manager; Cynthia Olguin, City Secretary; Todd Fuller, Director of Planning; and Terry Morgan, Special Legal Counsel.
1. CALL TO ORDER:
Mayor Alan Hugley called the meeting to order at 7:33 p.m. and announced a quorum and that all notices were legally posted pursuant to Open Meetings Act. Councilmembers Smith and Hargrove were absent.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
Councilmember Bell gave the invocation and led the Pledge of Allegiance.
3. CITIZEN FORUM:
Mr. Moses addressed the council concerning the following safety issues: 1) Harris and Sharaf Streets have more traffic and requested three way stop signs and 2) Safety issues on Ovilla Road by Eastridge Elementray and requested the city look in to widening the road.
4. EXECUTIVE SESSION
Pursuant to Chapter 551.071 of the Texas Government Code, the City Council may convene into Executive Session from time to time as deemed necessary during this meeting for any posted agenda item, and may receive advice from its attorney as permitted by law. 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
City Manager Scott Albert informed the Council that Item 4.C. has been moved to the next agenda. Mayor Hugley convened the Council into Executive Session at 7:38 p.m.
5. COUNCIL BUSINESS - OPEN SESSION
A. Action resulting from Executive Session.
Mayor Hugley reconvened into Open Session at 8:32 p.m. No action taken.
B. Discussion and possible action regarding approval of Palmer settlement agreement and boundary agreement.
Special legal counsel Terry Morgan explained that this item was a two part action item. Councilmember Bell made the motion, seconded by Councilmember Lindsey to direct the Mayor to sign the settlement agreement on behalf of the city. The motion carried 3-0. Councilmember Lindsey made a motion to approve Ordinance No. 08-26, AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF PALMER ESTABLISHING A COMMON BOUNDARY LINE WITH RED OAK AND ALLOCATING EXCLUSIVE TERRITORIES FOR PALMER AND RED OAK; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR FILING OF ORDINANCE WITH COUNTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE, and to authorize the Mayor to sign the agreement on behalf of the city. The motion was seconded by Councilmember Goodwyn. The motion carried 3-0 with Councilmembers Bell, Goodwyn, and Lindsey all voting in favor.
C. Discussion and possible action regarding approval of PCAG and landowners settlement agreements.
Special legal counsel Terry Morgan informed the council that all the plaintiffs of the PCAG and all five land owners, Mr. Adams, Mr. & Mrs. Campbell, Ms. Penny, Mr. Burns and Mr. Risinger, executed the settlement agreements and council would need to approve the executed agreements. Councilmember Bell made a motion to approve the settlement agreements with PCAG and land owners Campbell, Burns, Adams, Risinger and Penny and authorize the Mayor to execute the agreements on behalf of the city. The City Secretary read the Ordinance caption followed by a second to the motion by Councilmember Goodwyn. The motion carried 3-0 with Councilmembers Bell, Goodwyn, and Lindsey all voting in favor.
D. Discussion and possible action regarding approval of an Ordinance repealing annexation south of boundary line and releasing all ETJ south of boundary line to Palmer.
Councilmember Lindsey made a motion to approve Ordinance No. 08-27: AN ORDINANCE PROVIDING FOR THE DISANNEXATION OF LAND WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF RED OAK FOR ALL MUNICIPAL PURPOSES, COMPRISING APPROXIMATELY 161.3 ACRES MORE OR LESS, AS ANNEXED BY AND DESCRIBED WITHIN ORD. NO. 05-23 AS TRACT 7; RELEASING TO THE CITY OF PALMER ALL EXTRATERRITORIAL JURISDICTION SOUTH OF A COMMON BOUNDARY LINE WITH THE CITY OF PALMER, INCLUDING THAT CREATED BY ORD NO. 05-23; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAP OF THE CITY; REPEALING ORD. NO. 05-23; PROVIDING FOR FILING WITH COUNTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The City Secretary read the Ordinance caption followed by a second to the motion by Councilmember Bell. The motion carried 3-0 with Councilmembers Bell, Goodwyn, and Lindsey all voting in favor.
6. ADJOURNMENT:
Councilmember Goodwyn made a motion to adjourn, seconded by Councilmember Lindsey. The motion carried 3-0. Meeting was adjourned at 8:41 p.m.
Approved: _____________________
Alan Hugley, Mayor
Attest: ________________________
Cynthia Olguin, City Secretary
MINUTES
NOTICE OF SPECIAL CALLED MEETING
RED OAK CITY COUNCIL
TUESDAY, APRIL 8, 2008
A Special Called Meeting of the Red Oak City Council was held on Tuesday, April 8, 2008 at 7:30 p.m. in the City Council Chambers of the Red Oak Municipal Center, 200 Lakeview Parkway, Red Oak, Texas, with the following members present, to wit:
City Council:
Mayor, Alan Hugley
Councilmember Andy Bell
Councilmember Ben Goodwyn
Councilmember Scott Lindsey
Absent: Councilmember Smith and Councilmember Hargrove
Staff Present: Scott Albert, City Manager; Cynthia Olguin, City Secretary; Todd Fuller, Director of Planning; and Terry Morgan, Special Legal Counsel.
1. CALL TO ORDER:
Mayor Alan Hugley called the meeting to order at 7:33 p.m. and announced a quorum and that all notices were legally posted pursuant to Open Meetings Act. Councilmembers Smith and Hargrove were absent.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
Councilmember Bell gave the invocation and led the Pledge of Allegiance.
3. CITIZEN FORUM:
Mr. Moses addressed the council concerning the following safety issues: 1) Harris and Sharaf Streets have more traffic and requested three way stop signs and 2) Safety issues on Ovilla Road by Eastridge Elementray and requested the city look in to widening the road.
4. EXECUTIVE SESSION
Pursuant to Chapter 551.071 of the Texas Government Code, the City Council may convene into Executive Session from time to time as deemed necessary during this meeting for any posted agenda item, and may receive advice from its attorney as permitted by law. 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
City Manager Scott Albert informed the Council that Item 4.C. has been moved to the next agenda. Mayor Hugley convened the Council into Executive Session at 7:38 p.m.
5. COUNCIL BUSINESS - OPEN SESSION
A. Action resulting from Executive Session.
Mayor Hugley reconvened into Open Session at 8:32 p.m. No action taken.
B. Discussion and possible action regarding approval of Palmer settlement agreement and boundary agreement.
Special legal counsel Terry Morgan explained that this item was a two part action item. Councilmember Bell made the motion, seconded by Councilmember Lindsey to direct the Mayor to sign the settlement agreement on behalf of the city. The motion carried 3-0. Councilmember Lindsey made a motion to approve Ordinance No. 08-26, AN ORDINANCE APPROVING AN AGREEMENT WITH THE CITY OF PALMER ESTABLISHING A COMMON BOUNDARY LINE WITH RED OAK AND ALLOCATING EXCLUSIVE TERRITORIES FOR PALMER AND RED OAK; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; PROVIDING FOR FILING OF ORDINANCE WITH COUNTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE, and to authorize the Mayor to sign the agreement on behalf of the city. The motion was seconded by Councilmember Goodwyn. The motion carried 3-0 with Councilmembers Bell, Goodwyn, and Lindsey all voting in favor.
C. Discussion and possible action regarding approval of PCAG and landowners settlement agreements.
Special legal counsel Terry Morgan informed the council that all the plaintiffs of the PCAG and all five land owners, Mr. Adams, Mr. & Mrs. Campbell, Ms. Penny, Mr. Burns and Mr. Risinger, executed the settlement agreements and council would need to approve the executed agreements. Councilmember Bell made a motion to approve the settlement agreements with PCAG and land owners Campbell, Burns, Adams, Risinger and Penny and authorize the Mayor to execute the agreements on behalf of the city. The City Secretary read the Ordinance caption followed by a second to the motion by Councilmember Goodwyn. The motion carried 3-0 with Councilmembers Bell, Goodwyn, and Lindsey all voting in favor.
D. Discussion and possible action regarding approval of an Ordinance repealing annexation south of boundary line and releasing all ETJ south of boundary line to Palmer.
Councilmember Lindsey made a motion to approve Ordinance No. 08-27: AN ORDINANCE PROVIDING FOR THE DISANNEXATION OF LAND WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF RED OAK FOR ALL MUNICIPAL PURPOSES, COMPRISING APPROXIMATELY 161.3 ACRES MORE OR LESS, AS ANNEXED BY AND DESCRIBED WITHIN ORD. NO. 05-23 AS TRACT 7; RELEASING TO THE CITY OF PALMER ALL EXTRATERRITORIAL JURISDICTION SOUTH OF A COMMON BOUNDARY LINE WITH THE CITY OF PALMER, INCLUDING THAT CREATED BY ORD NO. 05-23; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAP OF THE CITY; REPEALING ORD. NO. 05-23; PROVIDING FOR FILING WITH COUNTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. The City Secretary read the Ordinance caption followed by a second to the motion by Councilmember Bell. The motion carried 3-0 with Councilmembers Bell, Goodwyn, and Lindsey all voting in favor.
6. ADJOURNMENT:
Councilmember Goodwyn made a motion to adjourn, seconded by Councilmember Lindsey. The motion carried 3-0. Meeting was adjourned at 8:41 p.m.
Approved: _____________________
Alan Hugley, Mayor
Attest: ________________________
Cynthia Olguin, City Secretary
