These minutes were approved at the February 12, 2008 Regular City Council meeting.

MINUTES OF THE REGULAR MEETING

OF THE OAK LEAF CITY COUNCIL

HELD ON DECEMBER 11, 2007, 7:00 PM

AT OAK LEAF CITY HALL

CALL TO ORDER & ROLL CALL

Council members present:

Mayor Paul Klooster Councilman Jim Tuma

Mayor Pro Tem Pat Mahlstedt Councilman Ray Brindle

Councilman Ron Spurlock

Councilwoman Susan Walker – absent due to illness MAYOR KLOOSTER CALLED THE REGULAR CITY COUNCIL MEETING TO ORDER AND ANNOUNCED A QUORUM PRESENT.

INVOCATION & PLEDGE OF ALLEGIANCE

Mayor Klooster gave the invocation followed by the Pledge of Allegiance.

AUDIENCE PARTICIPATION - None

A. Minutes of the Two (2) Public Hearings and Regular meeting of November 13, 2007 were reviewed. Brindle made a motion to accept the minutes as submitted. Mahlstedt seconded the motion.

Ayes: All present voted aye.

The motion was passed.

B. Minutes of the Special meeting of November 20, 2007 were reviewed. Mahlstedt made a motion to accept the minutes as submitted. Tuma seconded the motion.

Ayes: All present voted aye.

The motion was passed.

OLD BUSINESS - None

A. Resolution 0705 – Annual Selection of the City’s Legal Newspaper

Mayor Klooster identified that Council had been given information on rates for the Red Oak Record, Ellis County Press and the Ellis County Chronicle newspapers. Klooster identified the Ellis County Chronicle was the City’s current legal newspaper, and that he was not aware of any issues. Mahlstedt stated that she wasn’t aware of any issues either and made a motion to approve Resolution 0705 establishing the Ellis County Chronicle as the official newspaper for the City of Oak Leaf. Brindle seconded the motion. With no discussion, Klooster called for a vote.

Ayes: All present voted aye.

The motion was passed.

B. Variance Request for 23.91 acres on Lariat Circle – Martinek

Klooster introduced the item and identified the landowner of the 23.91 acres, Mr. Kenyon Martin, gave Martinek Construction the authority to represent him during this specific variance process. Support documentation has been provided to Council. Klooster identified that adjacent property owners had no opposition, although some property owners, who were contacted, did not reply back. Mahlstedt identified that she was not notified and thought that her property was within 200-feet of the property. Klooster asked Secretary Cortes to check into this. Mahlstedt was asked if she had any opposition. Mahlstedt identified she did not.

Mahlstedt also voiced her concern about possible construction traffic damage to City roads. Klooster identified that previously Council had talked about builders using multiple loads instead of one large load of construction materials. Klooster identified that the City has no control over deliveries of construction materials however it would look to the builder to repair any damaged roadways caused by the construction traffic. Ernie Martinek of Martinek Construction identified he would do what is fair. Martinek showed Council an updated elevation of the home to be built and identified that the main structure was 356-feet wide. Martinek identified that it would be a large beautiful home and would be a great benefit to the City.

Martinek asked Council to vote in favor of the variances, which are:

1.) Variance for a 2-year building permit.

2.) Variance on lot width; minimum frontage requirement decreased from 100-ft. to 97.6.

3.) Variance for square footage and quantity of accessory buildings allowed per City code.

Spurlock asked if there would be separate permits pulled for each building. Klooster identified that in a pre-construction/variance meeting between Martinek, himself, and the City Building Inspector, it was determined that one permit for the multiple structures was best. Brindle asked if the home would face Lariat Circle (south) or the creek (north). Martinek identified that home would face Lariat Circle. Citizen Mohammad Elchehimi had signed up to speak on this agenda item and first thanked the Mayor and Council for all their hard work they do on behalf of the City. Elchehimi asked how this project would benefit the City. Klooster identified through property taxes. Discussion followed on possible future growth within the City’s boundaries and ETJ areas.

With no further discussion or questions, Klooster identified that he was looking for a motion from Council on the variances requested. Mahlstedt made a motion to approve all three (3) variances that were requested:

1.) Variance for a 2-year building permit.

2.) Variance on lot width; minimum frontage requirement decreased from 100-ft. to 97.6.

3.) Variance for square footage and quantity of accessory buildings allowed per City code.

Tuma seconded the motion. With motion made, and seconded, Klooster asked the Council if there were any questions. Brindle asked Martinek how soon would construction start on the project. Martinek identified possibly February 2008. Mahlstedt asked Martinek if he had applied for a permit for the possible water well for the property from the Texas Commission on Environmental Quality, Martinek identified that part of the property was in Rockett SUD and part in Glenn Heights Water. Martinek identified that he would be putting in an 8-inch waterline. Klooster asked where the nearest line was. Martinek identified the nearest line was 1150-feet away. With no further questions or discussion, Klooster called for a vote.

Ayes: All present voted aye.

The motion was passed.

MAYOR’S UPDATE

Mayor Klooster updated Council on items listed below.

• Ellis County Burn Ban

Klooster identified that when Ellis County issues a county-wide burn ban, it applies only to the unincorporated areas within the county. Many citizens mistakenly assume that the burn ban also applies to Oak Leaf … and thus when the ban is lifted, they can burn … when in fact, there is a full-time burn ban in the City of Oak Leaf.

• Financial Policy

Klooster identified that the City Attorney has reviewed Oak Leaf’s current Financial Policy and has identified that Oak Leaf’s current policy needs to be amended to be in compliance with State mandated standards. Klooster identified that at a future meeting, an amended policy would be coming before Council for their review and action. Klooster identified that Council has been given a copy of the TML Public Funds and Investment Handbook that has some sample resolutions amending an investment policy.

• Annual Audit…no update.

• Texas Department of Transportation (TxDot)

Klooster identified that the traffic signal at the intersection of FM 664 (Ovilla Road) and Uhl Road has been installed by TxDot, but had not yet been activated. City staff was asked to call TxDot to ascertain the status of its activation as well as the re-structuring of the traffic lanes to add a turn lane (in each direction).

• Subdivisions... no update

• Red Oak ISD…no update

• Ellis County Transportation Crossroads Meeting

Klooster identified that the County Judge and Ellis County Commissioners hosted this informational forum. Several Oak Leaf Council members had attended.

Klooster identified some of the speakers were fromeTxDot, the North Central Texas Council of Government, and the Regional Transpon Council. Klooster identified that the meeting basically communicated that money was tight, with a lot of projects that needed to be done.

REPORTS AND ACTION BY COUNCIL

• Pictometry Class

Klooster identified that Laura Kirton, Assistant City Secretary, had attended a day-long class on the Pictometry mapping program on November 14, 2007. Klooster asked that Kirton provide the Council with a summarization of the class so that Council and Oak Leaf citizens may have a better understanding of the program and its benefit to the City.

• Nuisance Property: 405 Locust Drive

Klooster asked Secretary Cortes whether the property was in foreclosure; as no construction activity had occurred for several months. Cortes stated that she didn’t think so. The owner lived out-of-state (Iowa) and had put a hold on the construction pending the future sale of their home there. The permit was scheduled to expire within 30 days and the owner had intentions of getting a new permit once the home construction re-started.

LEGAL & PUBLIC RELATIONS

• Indian Hills Subdivision Streets

Klooster identified there was no update on litigation with Indian Hills’ developer.

• Guardrails: Wood posts still not received.

• Flood debris: Klooster asked Secretary Cortes if the Jordan’s had more storm debris to bring up to City Hall. Cortes said no, not that she was aware of.

Klooster identified that two grant applications have been submitted for bridge flood damage relief. One to the Office of Rural Community Affairs Disaster Relief Fund and one to the National Resources Conservation Services Emergency Watershed Protection Program. Responses were anticipated within 90 days.

• Drainage flooding

Klooster identified that John Birkhoff, the City’s consulting engineer, had been asked to research the drainage issues that had occurred on Willow Bend Drive.

Klooster identified that potholing was recently completed.

• Temporary Road Repairs – Indian Hills

Brindle identified that the first set of temporary repairs were holding up well but the second set, that was just done, seems to have some soft spots. Klooster identified that the contractor normally returned a short time after the flex base had been installed to re-roll and condense the fill material. Secretary Cortes was asked to contact BG Williams to discuss this matter.

SECRETARY’S REPORT

• Website…no update

Klooster identified that he is working on the Mayor’s Update for the newsletter.

ORDINANCE REVIEW/UPDATE

• Weight Restrictions – City roadways…no update

• Excavation Ordinance –

Still being reviewed by the City’s consulting engineer (Birkhoff). ADJOURNMENT FROM REGULAR COUNCIL MEETING.

A motion to adjourn was made by Brindle, and seconded by Spurlock.

Ayes: All present vote aye.

The motion passed.