12:00 PM
MAY 2008 CITY COUNCIL REGULAR MEETING
MINUTES
NOTICE OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, MAY 12, 2008, 7:00 P.M.
A Regular Meeting of the Red Oak City Council was held on Thursday, April 24, 2008 at 7:00 p.m. in the 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
Mayor Pro Tem, Eric Smith
Councilmember Andy Bell
Councilmember Ben Goodwyn
Councilmember Hargrove
Councilmember Scott Lindsey
Staff Present: City Manager, Scott Albert; City Secretary, Cynthia Olguin; Director of Parks & Recreation, Michael Hopping; Director of Human Resources, Clifton Beck; Assistant Finance Director, Laurie Smith; Police Chief, Craig Rudolph; Fire Chief, Eric Thompson; Asst. Fire Chief, Tim Birdwell; Public Works Coordinator, Dean Kennedy.
1. CALL TO ORDER:
Mayor Alan Hugley called the meeting to order at 7:30 p.m. and declared a quorum present and that notice was legally posted. Councilmember Lindsey was absent.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Smith gave the invocation and led the Pledge of Allegiance.
3. CONSENT AGENDA:
A. Consider approval of Minutes:
• April 14, 2008 Regular Meeting
• April 24, 2008 – Public Hearing
B. Consider approval of a Resolution (08-04R) for a one-year Bank Depository Contract extension to existing contract with Prosperity Bank effective May 1, 2008.
C. Consider a Resolution amending authorized TEXPOOL account holder signatures for the City of Red Oak.
D. Consider approval of an Ordinance amending the Fiscal Year 2007-2008 EDC Budget.
Councilmember Goodwyn made a motion seconded by Mayor Pro Tem Smith to approve all Consent Agenda items. All in favor, the motion carried 5 – 0.
4. CITIZEN FORUM:
None
5. COUNCIL BUSINESS – OPEN SESSION
A-1 Discussion and possible action regarding an Ordinance (08-45) Amending Appendix 1: Fee Schedule, of the Red Oak Code of Ordinances by repealing § 10.00 Construction Permits, § 11.00 Electrical Inspection Fee, § 12.00 Plumbing Permit and Inspection Fees, §13.00 Mechanical Permit Fees, § 14.00 Permit Fee, Deposit and Escort Fee for Moving Houses, Buildings or Structures, and § 22.00 Miscellaneous Fire Department Fees in their entirety and establishing such fees by Resolution.
Staff informed Council that in order to move forward with Item 5.A.2 and the current fee schedule in the Code the have to be repealed by Ordinance and the amendments would be adopted by Resolution. Councilmember Goodwyn made the motion seconded by Councilmember Hargrove to approve Ordinance 08-45. All in favor, the motion carried 5 – 0.
A-2 Discussion and possible action regarding a Resolution (08-06R) providing for the establishment and adoption of fees related to Construction Permits, Electrical Inspection Fee, Plumbing Fee and Inspection Fees, Mechanical Permit Fee, Permit Fee, Deposit and Escort Fee for Moving Houses, Building or Structures, and Miscellaneous Fire Department Fees.
Director of Planning & Zoning Todd Fuller briefed council on the new fee schedule and went into further detail regarding the building permit fees. Fire Marshall Tim Birdwell explained the process and cost for fire permits which include re-inspections and retesting. He stressed that the increase will help recover the cost of fuel and manpower. The fire fees/permits will be issued by the Fired Department and not Public Works.
Councilmember Hargrove stated that he didn’t like the previous or current language for sprinkler requirements for residential structures 6,000 square feet. Council discussed Code versions, surety bond requirements and criminal offense language. Councilmember Bell made the motion seconded by Councilmember Goodwyn to approve the Resolution. All in favor, the motion carried 5-0.
B. Discussion and possible action regarding an Ordinance (08-37) amending the City of Red Oak’s International Fire Code, 2003 Edition.
Mayor Hugley announced that Items 5.B through 5.I would be read into record and acted upon in one motion unless Council chose to pull an item for individual consideration. Councilmember Hargrove asked that Item 5.B be pulled and acted on separately. Fire Marshall Tim Birdwell explained the changes as well as State mandated requirements. The City Secretary read the caption for Ordinance 08-37. Councilmember Goodwyn made the motion seconded by Mayor Pro Tem Smith to approve the Ordinance. Councilmember Hargrove opposed. The motion carried 4 – 1 with Mayor Pro Tem Smith, Councilmembers Bell, Lindsey, and Goodwyn in favor. Councilmember Hargrove opposed.
C. Discussion and possible action regarding an Ordinance (08-38) amending the City of Red Oak’s International Fuel Gas Code, 2003 Edition.
No discussion. The City Secretary read the caption for Ordinance 08-38.
D. Discussion and possible action regarding an Ordinance (08-39) amending the City of Red Oak’s National Electric Code, 2005 Edition.
No discussion. Mayor Hugley read the caption for Ordinance 08-39.
E. Discussion and possible action regarding an Ordinance (08-40) amending the City of Red Oak’s International Building Code, 2003 Edition.
No discussion. The City Secretary read the caption for Ordinance 08-40.
F. Discussion and possible action regarding an Ordinance (08-41) amending the City of Red Oak’s International Plumbing Code, 2003 Edition.
No discussion. Mayor Hugley read the caption for Ordinance 08-41.
G. Discussion and possible action regarding an Ordinance (08-42) amending the City of Red Oak’s International Residential Code, 2003 Edition.
No discussion. The City Secretary read the caption for Ordinance 08-42.
H. Discussion and possible action regarding an Ordinance (08-43) amending the City of Red Oak’s International Mechanical Code, 2003 Edition.
No discussion. Mayor Hugley read the caption for Ordinance 08-43.
I. Discussion and possible action regarding an Ordinance (08-44) amending the City of Red Oak’s International Energy Conservation Code.
No discussion. The City Secretary read the caption for Ordinance 08-44.
With there being no further discussion, Councilmember Hargrove made the motion seconded by Councilmember Bell to approve Items 5.C, 5.D, 5.E,5.F, 5.G, 5.H, 5.I. All in favor, the motion carried 5 – 0.
J. Discussion and possible action regarding a Resolution (08-05R) establishing a three-way stop at the intersection of Sharaf and Harris.
Police Chief Craig Rudolph reviewed the intersection and recommended a stop sign and stop bar. Council discussed a traffic study to backup the change to a three way stop as well as accident history, traffic and traffic control issues and the increase in traffic congestion in the area. Mayor Hugley suggested the item be tabled. The motion was made by Mayor Pro Tem Smith, seconded by Councilmember Goodwyn to table the item. Opposed were Councilmembers Bell and Hargrove. The motion was tied 2 – 2. Mayor Hugley broke the tie and voted in favor of the item being tabled. All in favor, the motion carried 3 – 2 with Mayor Pro Tem Smith and Councilmember Goodwyn voting in favor and Mayor Hugley breaking the tie. Opposed were Councilmembers Bell and Hargrove.
K. Discussion and possible action regarding a master contract for plan review and inspection services with Bureau Veritas.
City Manager Scott Albert gave council a brief summary of Bureau Veritas’ credentials, performance and quality of inspections, cost to contract vs cost if the same service was provided in house. Council has the option to terminate with a 90 day written notice. City Staff, Dean Kennedy, can provide emergency inspections and has the option to conduct in-house inspections as needed and will coordinate with Bureau Veritas. Council member Goodwyn made the motion, seconded by Mayor Pro Tem Smith to approve the agreement. All in favor, the motion carried 5-0.
L. Discussion and possible action regarding the use of 2005 General Obligation Bond proceeds for road improvements.
City Manager Scott Albert briefed the council on the 2004 bonds earmarked for streets rehabilitation, repairs and improvements and the street score summary council approved in January, 2006. The dollar amounts were derived from a bid submitted by Ron Brown for chip and seal improvements. Staff is requesting council to convey $246,000 of the $4,000,000 towards improvements for the following streets: $84,500 - Butterfly, Sunflower, Pansy, Bluebonnet; $94,252 - Stainback Rd.; $50,765 – Stainback drainage; $5,000 – Right of Way; and $11,483 – Contingency.
Council discussed the need for street and road improvements as well as a list of approved streets. Mayor Pro Tem made the motion seconded by Councilmember Goodwyn to approve the funding for the road improvement projects. All in favor, the motion carried 5 – 0.
M. Discussion and possible action regarding the position of Finance Director.
City Manager Scott Albert explained that with the recent vacancy of the A/P Coordinator and the vacant Receptionist position that was budgeted but has not been filled, it was a good opportunity to move forward with the posting of the Finance Director. Councilmember Goodwyn stated that the position was previously approved but the city never moved forward in getting the position filled. Mayor Hugley stated that this is an important step for the city since the staff is overwhelmed and the city needs someone to keep a good eye on the city funds. Mayor Pro Tem made the motion, seconded by Councilmember Bell to recruit for the Finance Director position. All in favor, the motion carried 5 – 0.
N. Discussion and possible action regarding the term limits for Park Board members.
Councilmember Goodwyn stressed the need for longevity on the board in order to carry out the upcoming Park projects as a result of the special election. Councilmember Goodwyn made the motion, seconded by Councilmember Bell to remove the term limits for Park Board members. All in the favor, the motion carried 5 – 0. Mayor Hugley thanked the citizens for voting on Proposition 1.
O. Discussion and possible action regarding a Resolution (08-07R) initiating annexation of three tracts of land located in the ETJ of the City: Tract A located generally north of Ovilla Road and west of Pratt Road, consisting of approximately 7.94 acres of land in the 628 R A Lemmans Survey; tract B located generally north of Ovilla Road, east of Pratt Road, south of Stainback Road, west of Batchler Road and consisting of approximately 10.27 in the 199 R Crow Survey and the 208 H P Crum Surveys; and Tract C located generally between FM2377 & SH342 and consisting of approximately 6.15 acres of land in the 77 S Billingsly and 60 R Bell Surveys.
Director of Planning & Zoning Todd Fuller informed council that Tract A is located in an area that has been annexed on three sides and the city would like to avoid unattractive businesses; Tract B is located across from the proposed park site; and Tract C was subdivided by deed and not platted and could be a potential site for unattractive metal buildings. Council discussed the potential for duplex/quadplex in the area and building options in the ETJ as well as the need for council to make decision that will enhance property owner values. Councilmember Goodwyn made the motion, seconded by Mayor Pro Tem Smith to approve the Resolution. All in favor, the motion carried 5 – 0.
6. EXECUTIVE SESSION
Council may convene into a closed session at any time during the meeting in accordance with the Government Code: Section 551.071, consultation with city attorney regarding contemplated or pending litigation, a settlement offer, or administrative hearings; Section 551.072 to deliberate regarding real property; or Section 551.074, deliberation on the appointment, employment, evaluation, and/or duties regarding personnel.
A. Section 551.072, Deliberation Regarding Real Property: 203 S. I-35
Council moved into Executive Session at 8:08 p.m.
7. OPEN SESSION:
A. Reconvene and consider action, if any, resulting from Executive Session.
Council reconvened into Open Session at 8:36 p.m. and authorized city staff to negotiate the offer and appointed Councilmember Goodwyn to act as council’s designee. Councilmember Hargrove made the motion seconded by Mayor Pro Tem Smith for staff to negotiate the offer and Councilmember Goodwyn to act as council’s designee. All in favor, the motion carried 5 – 0.
8. DEPARTMENT REPORTS:
9. ADJOURNMENT:
Councilmember Goodwyn made the motion seconded by Mayor Pro Tem Smith to adjourn. All in favor, the motion carried 5 – 0. The meeting adjourned at 8:36 p.m.
Approved: _____________________
Alan Hugley, Mayor
Attest: ________________________
Cynthia Olguin, City Secretary
MINUTES
NOTICE OF REGULAR MEETING
RED OAK CITY COUNCIL
MONDAY, MAY 12, 2008, 7:00 P.M.
A Regular Meeting of the Red Oak City Council was held on Thursday, April 24, 2008 at 7:00 p.m. in the 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
Mayor Pro Tem, Eric Smith
Councilmember Andy Bell
Councilmember Ben Goodwyn
Councilmember Hargrove
Councilmember Scott Lindsey
Staff Present: City Manager, Scott Albert; City Secretary, Cynthia Olguin; Director of Parks & Recreation, Michael Hopping; Director of Human Resources, Clifton Beck; Assistant Finance Director, Laurie Smith; Police Chief, Craig Rudolph; Fire Chief, Eric Thompson; Asst. Fire Chief, Tim Birdwell; Public Works Coordinator, Dean Kennedy.
1. CALL TO ORDER:
Mayor Alan Hugley called the meeting to order at 7:30 p.m. and declared a quorum present and that notice was legally posted. Councilmember Lindsey was absent.
2. INVOCATION AND PLEDGE OF ALLEGIANCE:
Mayor Pro Tem Smith gave the invocation and led the Pledge of Allegiance.
3. CONSENT AGENDA:
A. Consider approval of Minutes:
• April 14, 2008 Regular Meeting
• April 24, 2008 – Public Hearing
B. Consider approval of a Resolution (08-04R) for a one-year Bank Depository Contract extension to existing contract with Prosperity Bank effective May 1, 2008.
C. Consider a Resolution amending authorized TEXPOOL account holder signatures for the City of Red Oak.
D. Consider approval of an Ordinance amending the Fiscal Year 2007-2008 EDC Budget.
Councilmember Goodwyn made a motion seconded by Mayor Pro Tem Smith to approve all Consent Agenda items. All in favor, the motion carried 5 – 0.
4. CITIZEN FORUM:
None
5. COUNCIL BUSINESS – OPEN SESSION
A-1 Discussion and possible action regarding an Ordinance (08-45) Amending Appendix 1: Fee Schedule, of the Red Oak Code of Ordinances by repealing § 10.00 Construction Permits, § 11.00 Electrical Inspection Fee, § 12.00 Plumbing Permit and Inspection Fees, §13.00 Mechanical Permit Fees, § 14.00 Permit Fee, Deposit and Escort Fee for Moving Houses, Buildings or Structures, and § 22.00 Miscellaneous Fire Department Fees in their entirety and establishing such fees by Resolution.
Staff informed Council that in order to move forward with Item 5.A.2 and the current fee schedule in the Code the have to be repealed by Ordinance and the amendments would be adopted by Resolution. Councilmember Goodwyn made the motion seconded by Councilmember Hargrove to approve Ordinance 08-45. All in favor, the motion carried 5 – 0.
A-2 Discussion and possible action regarding a Resolution (08-06R) providing for the establishment and adoption of fees related to Construction Permits, Electrical Inspection Fee, Plumbing Fee and Inspection Fees, Mechanical Permit Fee, Permit Fee, Deposit and Escort Fee for Moving Houses, Building or Structures, and Miscellaneous Fire Department Fees.
Director of Planning & Zoning Todd Fuller briefed council on the new fee schedule and went into further detail regarding the building permit fees. Fire Marshall Tim Birdwell explained the process and cost for fire permits which include re-inspections and retesting. He stressed that the increase will help recover the cost of fuel and manpower. The fire fees/permits will be issued by the Fired Department and not Public Works.
Councilmember Hargrove stated that he didn’t like the previous or current language for sprinkler requirements for residential structures 6,000 square feet. Council discussed Code versions, surety bond requirements and criminal offense language. Councilmember Bell made the motion seconded by Councilmember Goodwyn to approve the Resolution. All in favor, the motion carried 5-0.
B. Discussion and possible action regarding an Ordinance (08-37) amending the City of Red Oak’s International Fire Code, 2003 Edition.
Mayor Hugley announced that Items 5.B through 5.I would be read into record and acted upon in one motion unless Council chose to pull an item for individual consideration. Councilmember Hargrove asked that Item 5.B be pulled and acted on separately. Fire Marshall Tim Birdwell explained the changes as well as State mandated requirements. The City Secretary read the caption for Ordinance 08-37. Councilmember Goodwyn made the motion seconded by Mayor Pro Tem Smith to approve the Ordinance. Councilmember Hargrove opposed. The motion carried 4 – 1 with Mayor Pro Tem Smith, Councilmembers Bell, Lindsey, and Goodwyn in favor. Councilmember Hargrove opposed.
C. Discussion and possible action regarding an Ordinance (08-38) amending the City of Red Oak’s International Fuel Gas Code, 2003 Edition.
No discussion. The City Secretary read the caption for Ordinance 08-38.
D. Discussion and possible action regarding an Ordinance (08-39) amending the City of Red Oak’s National Electric Code, 2005 Edition.
No discussion. Mayor Hugley read the caption for Ordinance 08-39.
E. Discussion and possible action regarding an Ordinance (08-40) amending the City of Red Oak’s International Building Code, 2003 Edition.
No discussion. The City Secretary read the caption for Ordinance 08-40.
F. Discussion and possible action regarding an Ordinance (08-41) amending the City of Red Oak’s International Plumbing Code, 2003 Edition.
No discussion. Mayor Hugley read the caption for Ordinance 08-41.
G. Discussion and possible action regarding an Ordinance (08-42) amending the City of Red Oak’s International Residential Code, 2003 Edition.
No discussion. The City Secretary read the caption for Ordinance 08-42.
H. Discussion and possible action regarding an Ordinance (08-43) amending the City of Red Oak’s International Mechanical Code, 2003 Edition.
No discussion. Mayor Hugley read the caption for Ordinance 08-43.
I. Discussion and possible action regarding an Ordinance (08-44) amending the City of Red Oak’s International Energy Conservation Code.
No discussion. The City Secretary read the caption for Ordinance 08-44.
With there being no further discussion, Councilmember Hargrove made the motion seconded by Councilmember Bell to approve Items 5.C, 5.D, 5.E,5.F, 5.G, 5.H, 5.I. All in favor, the motion carried 5 – 0.
J. Discussion and possible action regarding a Resolution (08-05R) establishing a three-way stop at the intersection of Sharaf and Harris.
Police Chief Craig Rudolph reviewed the intersection and recommended a stop sign and stop bar. Council discussed a traffic study to backup the change to a three way stop as well as accident history, traffic and traffic control issues and the increase in traffic congestion in the area. Mayor Hugley suggested the item be tabled. The motion was made by Mayor Pro Tem Smith, seconded by Councilmember Goodwyn to table the item. Opposed were Councilmembers Bell and Hargrove. The motion was tied 2 – 2. Mayor Hugley broke the tie and voted in favor of the item being tabled. All in favor, the motion carried 3 – 2 with Mayor Pro Tem Smith and Councilmember Goodwyn voting in favor and Mayor Hugley breaking the tie. Opposed were Councilmembers Bell and Hargrove.
K. Discussion and possible action regarding a master contract for plan review and inspection services with Bureau Veritas.
City Manager Scott Albert gave council a brief summary of Bureau Veritas’ credentials, performance and quality of inspections, cost to contract vs cost if the same service was provided in house. Council has the option to terminate with a 90 day written notice. City Staff, Dean Kennedy, can provide emergency inspections and has the option to conduct in-house inspections as needed and will coordinate with Bureau Veritas. Council member Goodwyn made the motion, seconded by Mayor Pro Tem Smith to approve the agreement. All in favor, the motion carried 5-0.
L. Discussion and possible action regarding the use of 2005 General Obligation Bond proceeds for road improvements.
City Manager Scott Albert briefed the council on the 2004 bonds earmarked for streets rehabilitation, repairs and improvements and the street score summary council approved in January, 2006. The dollar amounts were derived from a bid submitted by Ron Brown for chip and seal improvements. Staff is requesting council to convey $246,000 of the $4,000,000 towards improvements for the following streets: $84,500 - Butterfly, Sunflower, Pansy, Bluebonnet; $94,252 - Stainback Rd.; $50,765 – Stainback drainage; $5,000 – Right of Way; and $11,483 – Contingency.
Council discussed the need for street and road improvements as well as a list of approved streets. Mayor Pro Tem made the motion seconded by Councilmember Goodwyn to approve the funding for the road improvement projects. All in favor, the motion carried 5 – 0.
M. Discussion and possible action regarding the position of Finance Director.
City Manager Scott Albert explained that with the recent vacancy of the A/P Coordinator and the vacant Receptionist position that was budgeted but has not been filled, it was a good opportunity to move forward with the posting of the Finance Director. Councilmember Goodwyn stated that the position was previously approved but the city never moved forward in getting the position filled. Mayor Hugley stated that this is an important step for the city since the staff is overwhelmed and the city needs someone to keep a good eye on the city funds. Mayor Pro Tem made the motion, seconded by Councilmember Bell to recruit for the Finance Director position. All in favor, the motion carried 5 – 0.
N. Discussion and possible action regarding the term limits for Park Board members.
Councilmember Goodwyn stressed the need for longevity on the board in order to carry out the upcoming Park projects as a result of the special election. Councilmember Goodwyn made the motion, seconded by Councilmember Bell to remove the term limits for Park Board members. All in the favor, the motion carried 5 – 0. Mayor Hugley thanked the citizens for voting on Proposition 1.
O. Discussion and possible action regarding a Resolution (08-07R) initiating annexation of three tracts of land located in the ETJ of the City: Tract A located generally north of Ovilla Road and west of Pratt Road, consisting of approximately 7.94 acres of land in the 628 R A Lemmans Survey; tract B located generally north of Ovilla Road, east of Pratt Road, south of Stainback Road, west of Batchler Road and consisting of approximately 10.27 in the 199 R Crow Survey and the 208 H P Crum Surveys; and Tract C located generally between FM2377 & SH342 and consisting of approximately 6.15 acres of land in the 77 S Billingsly and 60 R Bell Surveys.
Director of Planning & Zoning Todd Fuller informed council that Tract A is located in an area that has been annexed on three sides and the city would like to avoid unattractive businesses; Tract B is located across from the proposed park site; and Tract C was subdivided by deed and not platted and could be a potential site for unattractive metal buildings. Council discussed the potential for duplex/quadplex in the area and building options in the ETJ as well as the need for council to make decision that will enhance property owner values. Councilmember Goodwyn made the motion, seconded by Mayor Pro Tem Smith to approve the Resolution. All in favor, the motion carried 5 – 0.
6. EXECUTIVE SESSION
Council may convene into a closed session at any time during the meeting in accordance with the Government Code: Section 551.071, consultation with city attorney regarding contemplated or pending litigation, a settlement offer, or administrative hearings; Section 551.072 to deliberate regarding real property; or Section 551.074, deliberation on the appointment, employment, evaluation, and/or duties regarding personnel.
A. Section 551.072, Deliberation Regarding Real Property: 203 S. I-35
Council moved into Executive Session at 8:08 p.m.
7. OPEN SESSION:
A. Reconvene and consider action, if any, resulting from Executive Session.
Council reconvened into Open Session at 8:36 p.m. and authorized city staff to negotiate the offer and appointed Councilmember Goodwyn to act as council’s designee. Councilmember Hargrove made the motion seconded by Mayor Pro Tem Smith for staff to negotiate the offer and Councilmember Goodwyn to act as council’s designee. All in favor, the motion carried 5 – 0.
8. DEPARTMENT REPORTS:
9. ADJOURNMENT:
Councilmember Goodwyn made the motion seconded by Mayor Pro Tem Smith to adjourn. All in favor, the motion carried 5 – 0. The meeting adjourned at 8:36 p.m.
Approved: _____________________
Alan Hugley, Mayor
Attest: ________________________
Cynthia Olguin, City Secretary
