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Bi-Monthly: August 2007

MINUTES OF THE SPECIAL CALLED MEETING

RIVER OAKS CITY COUNCIL

                           AUGUST 2, 2007

 

MEMBERS PRESENT                                                    STAFF PRESENT

MAYOR HERMAN EARWOOD                                                CITY SECRETARY LINDA RYAN

MAYOR PRO TEM STEVE HOLLAND                                       ASST CITY SECRETARY ANGIE HARRIS

COUNCILMEMBER JOE CREWS                                               

COUNCILMEMBER R R “BOB” MINTER                                   

COUNCILMEMBER SHERRIE UPTMORE DAST                                   

MEMBERS ABSENT                                                           

      COUNCILMEMBER JACK ADKISON (OUT OF TOWN)                                                           

      CITY ATTORNEY BETSY ELAM (ATTENDANCE NOT REQUIRED)

 

 

1.            CALL TO ORDER AT 12:00 NOON BY MAYOR EARWOOD; QUORUM PRESENT

 

2. DISCUSS TAX RATE, TAKE RECORD VOTE AND SCHEDULE PUBLIC HEARINGS FOR AUGUST 14 AND AUGUST 21, 2007

 

CA Ryan explained the worksheets presented to Council, which reflect a Rollback Tax Rate of 0.817081 per $100 in value and a Proposed Tax Rate for the current tax year of 0.782700 per $100 in value.  Proposed Public Hearings regarding the Tax Rate are tentatively scheduled for August 14 and August 21, 2007 at 7:00 PM.  Council Members also discussed the criteria for “freezing” taxes for Senior and Disabled Citizens (this topic is scheduled for Workshop Discussion in the near future).

 

Mayor Pro Tem Holland moved to schedule two (2) Public Hearings, on August 14 and August 21, 2007 with a proposed tax rate for the current tax year of .7827.  Motion seconded by Council Member Minter.  All voted “Aye.”  

 

3. ADJOURN

 

Council Member Crews moved to adjourn the meeting at 12:12 PM.  Motion seconded by Council Member Dast.  All voted “Aye.” 

     

 

APPROVED:

 

                                                                                    ___________________________________

ATTEST:                                                                        Herman Earwood, Mayor

 

____________________________________

Linda A. Ryan, City Secretary

__________________________________________________________________________________


MINUTES OF THE REGULAR MEETING

RIVER OAKS CITY COUNCIL

                           AUGUST 14, 2007

 

MEMBERS PRESENT                                                            STAFF PRESENT

MAYOR HERMAN EARWOOD                                                CITY SECRETARY LINDA RYAN

MAYOR PRO TEM STEVE HOLLAND                                                 POLICE CHIEF DAN CHISHOLM

COUNCILMEMBER JACK ADKISON                                                PUBLIC WORKS DIRECTOR MARVIN

COUNCILMEMBER JOE CREWS                                                GREGORY

COUNCILMEMBER R R “BOB” MINTER                                    ASST CITY SECRETARY ANGIE HARRIS

COUNCILMEMBER SHERRIE UPTMORE DAST                                   

      MEMBERS ABSENT                                                           

      CITY ATTORNEY BETSY ELAM

 

 

CALL TO ORDER AT 7:04 PM BY MAYOR EARWOOD; QUORUM PRESENT

 

COUNCIL MEMBER CREWS GAVE THE INVOCATION.  COUNCIL MEMBER ADKISON LED THE PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND TEXAS FLAGS

 

 

APPROVAL OF MINUTES AND BILLS PAYABLE:

 

1. CONSIDER APPROVAL OF MINUTES OF CITY COUNCIL MEETING JULY 24, 2007 AND SPECIAL CALLED MEETING ON AUGUST 2, 2007

 

Council Member Crews moved to approve the City Council Meeting Minutes for July 24, 2007 and the Special Called Meeting for August 2, 2007 as presented.  Motion seconded by Council Member Minter.  All voted “Aye.”  

 

2. CONSIDER APPROVAL OF BILLS PAYABLE FOR PERIOD ENDING AUGUST 14, 2007

 

Council Member Dast moved to approve payment of bills for period ending August 14, 2007.  Motion seconded by Council Member Crews.  All voted “Aye.” 

     

      PERSONAL APPEARANCES/REQUESTS THAT MAY REQUIRE COUNCIL APPROVAL/ACTION:

 

3. CONSIDER APPROVAL OF A REQUEST BY COURTNEY BOGGS (905 ROBERTS CUT OFF) TO WAIVE THE SCREENING FENCE REQUIREMENT FOR HER PROPERTY, DBA “GIGGLES THERAPY”

 

Courtney Boggs, Owner/Director of “Giggles Therapy,” had been granted an extension, slated to expire on August 30th, to construct a six (6) to eight (8) foot masonry fence between her property and the one next door.  PWD Gregory reminded Council that the Planning and Zoning Commission (P & Z) was reviewing zoning changes and expected to recommend amendments to the requirements for fences.  As Council was unable to waive current requirements, the following action was taken:

 

Council Member Crews moved to extend the timeframe requiring Courtney Boggs to construct a fence on her property for six (6) months or until the P & Z Commission recommended fence requirement changes to the City Council; Ms. Boggs was cautioned that she would be required to comply with any/all zoning requirements approved by Council.  Motion seconded by Council Member Minter.  All voted “Aye.”  

 

4. CONSIDER APPROVAL OF A REQUEST BY JAIME AVELAR TO AMEND THE JUNE 12, 2007 DEMOLITION ORDER FOR THE SUBSTANDARD STRUCTURE AT 4803 WHITE OAK LANE

 

Jaime Avelar, owner of the property at 4803 White Oak Lane as of April 30, 2007, addressed Council with his request to amend the demolition order for the home, stating that he was unaware, at the time of purchase, that the property was ordered demolished.  PWD Gregory assured Council that all legal notices had been posted/processed and that Substandard Notices were posted on the structure as of the time of this Council meeting.  Council Members expressed concern that Mr. Avelar, while perhaps not receiving notice of the property’s status at the time of closing, should have been more aware of the notices posted on the house and made inquiries prior to purchasing the home.

 

Council Member Minter moved to deny Jaime Avelar’s request to amend the June 12, 2007 Demolition Order for the Substandard structure at 4803 White Oak Lane.  Motion seconded by Council Member Adkison.  All voted “Aye.”  Motion passes/Request Denied.

 

5. CONSIDER APPROVAL OF A PROPOSAL BY RICHARD SMITH TO EMPLOY HIS FIRM TO CREATE A MASTER GROWTH AND RENOVATION PLAN FOR THE CITY OF RIVER OAKS

 

Architect/Master Plan Developer Richard Smith, having addressed Council Members in previous meetings, presented a proposal to allow his firm to begin forming a steering committee to develop plans for the City of River Oaks’ future growth and renovation.  Council agreed that a plan of action was needed but discussed fears that this project, like previous endeavors, might not be completed, but “wind up on a shelf” and be forgotten.  Mr. Smith offered that his firm’s plan was unique in its use of Council Members, staff and River Oaks citizens for input and assured Council that every effort would be made to insure that River Oaks realized revitalization from this proposal.

 

Council Member Crews moved to approve Step One of Richard Smith’s proposal for creation of a Master Growth Plan for the City of River Oaks, in the amount of $5,000, pending contract approval by the City’s Attorney (Economic Development Corporation (EDC) will be asked to reimburse the General Fund for this expenditure at its next called meeting).  Motion seconded by Council Member Minter.  All voted “Aye.”

 

ITEMS REQUIRING COUNCIL APPROVAL/ACTION:

 

6. CONSIDER APPROVAL OF A REQUEST BY COMMUNITY CENTER DIRECTOR WHEAT TO UTILIZE DOLLAR DONATION FUNDS TO UPGRADE THE COMMUNITY CENTER ENTERTAINMENT STAGE

 

Shirley Wheat and Shirley Bloomfield were able to secure only one (1) quote for upgrading the stage at the Community Center.  Discussion followed about the design of the stage, mobility being a desired requirement.  CA Ryan advised Mss. Wheat and Bloomfield to seek her input on the bid process so that legal requirements would be met.  Other matters, such as special events, regular programs and ideas for future activities were mentioned but will be discussed during upcoming Workshops.  No further action was taken.

7. CONSIDER APPROVAL OF CRIME CONTROL AND PREVENTION DISTRICT’S FIRST QUARTERLY REPORT FOR QUARTER ENDING JUNE 30, 2007

 

Mayor Pro Tem Holland, duly elected to the President’s position at the Crime Control and Prevention District’s meeting earlier in the evening, presented the following report for review and approval:  Prior quarter ending balance of $102,419.47, combined with 1st quarter revenue of $29,713.82 and expenditures of $45,166.15, yielded an ending 1st quarter balance of $86,967.14. 

 

Mayor Pro Tem Holland moved to approve Crime Control and Prevention District’s First Quarterly Report for quarter ending June 30, 2007.  Motion seconded by Council Member Crews (duly elected to the Vice-President position of the Crime Control and Prevention District).  All voted “Aye.”

 

PUBLIC HEARINGS:

 

8. PUBLIC HEARING:  SUBSTANDARD ENFORCEMENT ACTION REGARDING STRUCTURE(S) LOCATED ON THE PROPERTY AT 519 WINTERS ST.

 

Mayor Earwood opened the Public Hearing at 8:14 PM.  Mr/Mrs. McClendon, owners of the property at 519 Winters Street, were present to make their appeal for additional time to bring the structure into compliance with the City’s Code of Ordinances.  Mr. McClendon and PWD Gregory presented various letters from neighbors, supporting the progress he has made on the property.  He had presented a plan of action to PWD Gregory prior to the meeting.  Council Members applauded Mr/Mrs. McClendon’s hard work and were eager to see continued progress on the property. 

 

9. ACTION FROM PUBLIC HEARING:  CONSIDER COUNCIL ORDERS ON THE PROPERTY AT 519 WINTERS ST. THAT MAY INCLUDE THE SECURING OF, VACATING OF OCCUPANTS FROM, REMOVAL OF, REPAIRING OR DEMOLITION OF STRUCTURE(S) IN ORDER TO BE BROUGHT INTO COMPLIANCE WITH SECTION 3.07.004 OF THE RIVER OAKS CODE OF ORDINANCES (2006) AS AMENDED

 

In an effort to allow the McClendon’s additional time to remove substandard conditions on the property, Mayor Earwood stated that this Public Hearing would be held open until the Council Meeting on September 25, 2007 at 7:00 PM.  No further action was taken.

 

10. PUBLIC HEARING:  SUBSTANDARD ENFORCEMENT ACTION REGARDING STRUCTURE(S) LOCATED ON THE PROPERTY AT 5419 PURDUE

 

Mayor Earwood opened the Public Hearing at 8:26 PM.  PWD Gregory reported that the owners had begun work on the property and that repairs were minor.  He recommended no action at this time to allow the owners to make required repairs/renovations. 

 

11. ACTION FROM PUBLIC HEARING:   CONSIDER COUNCIL ORDERS ON THE PROPERTY AT 5419 PURDUE THAT MAY INCLUDE THE SECURING OF, VACATING OF OCCUPANTS FROM, REMOVAL OF, REPAIRING OR DEMOLITION OF STRUCTURE(S) IN ORDER TO BE BROUGHT INTO COMPLIANCE WITH SECTION 3.07.004 OF THE RIVER OAKS CODE OF ORDINANCES (2006) AS AMENDED

 

Mayor Earwood stated that this Public Hearing would be held open until the Council Meeting on September 25, 2007 at 7:00 PM.  No further action was taken.

 

12. PUBLIC HEARING:  FIRST PUBLIC HEARING ON TAX RATE PROPOSAL OF .7827 (SECOND PUBLIC HEARING SCHEDULED FOR AUGUST 21, 2007)

 

Mayor Earwood opened the Public Hearing at 8:29 PM.  CA Ryan explained that with increased property values, maintaining the City’s current tax rate of $0.7827 per $100 value would generate in excess of 3% more property tax revenue than last year.  Some discussion followed about the possibility of “freezing” taxes for Senior Citizens and the budget impact of such action, but this issue will be discussed in further detail during the upcoming Workshop.  Mayor Earwood stated that this Public Hearing was still open, pending a second Public Hearing scheduled for August 21, 2007.  No further action was taken.

 

13. CONSIDER APPROVAL OF CONTRACT WITH QUALITY EXCAVATIONS, LTD. IN ORDER TO INSTALL SIGN FOUNDATION, FOOTINGS AND RETAINING WALL FOR ENTRANCE SIGN AT SAM CALLOWAY AND RIVER OAKS BLVD.

 

PWD Gregory presented information and costs for the installation of the foundation, footings and retaining wall for the entrance sign at Sam Calloway and River Oaks Blvd.  With the installation estimated at $17,500, present expenditures totaling well over $15,000, and additional costs to bring the sign to completion, PWD Gregory estimated that final, total construction cost for the entrance sign would be in excess of $50,000.  Council Member Crews noted that additional expenses were being driven by TXDOT requirements.  Council discussed not continuing to fund such an expensive project and exploring other options.  No further action was taken.

 

14. CONSIDER APPROVAL OF STREET IMPROVEMENT PROGRAM WITH TARRANT COUNTY FOR THE 2008 FISCAL YEAR PROJECT

 

PWD Gregory recommended approval to submit to Tarrant County the asphalt overlay of the 5300 and 5400 blocks of Cornell and Almena Road from Roberts Cut Off to Glenwick as the City’s 2008 Fiscal Year Project.  The estimated cost is approximately $48,000; budgeted for 2007-2008 Fiscal Year was $65,000.

 

Council Member Dast moved to approve the Street Improvement Program with Tarrant County for the 2008 Fiscal Year Project as proposed. Motion seconded by Council Member Adkison.  All voted “Aye.”

 

15. CONSIDER APPROVAL OF MAINTENANCE AGREEMENT WITH CUMMINS SOUTHERN PLAINS FOR CITY GENERATORS

 

PWD Gregory requested approval to enter into a one-year planned maintenance agreement with Cummins Southern Plains for the total amount of $3,968 for one (1) full service inspection and three (3) quarterly inspections for the year on all three (3) city generators.

 

Council Member Adkison moved to approve the maintenance agreement with Cummins Southern Plains for City Generators as stated.  Motion seconded by Council Member Dast.  All voted “Aye.”

 

16. CONSIDER APPROVAL OF CITY CONTRIBUTING TOWARD THE ADVERTISING OF THE UPCOMING PUBLIC HEARINGS FOR THE JOINT LAND USE STUDY

 

Police Chief Chisholm explained the Joint Land Use Study group’s request for advertising contributions.  Upcoming Hearings are planned to educate the Public on the need for the study and its benefits; closure of the NAS/JRB would negatively impact River Oaks and surrounding city revenues.  Council Members discussed the equity of the requested contributions;  Westworth Village, as an example, is experiencing a prosperity not currently enjoyed by River Oaks.  Mayor Pro Tem Holland supported the contribution “as long as we develop the groundwork for a more equitable system.”

 

Council Member Adkison moved to approve contributing $635 toward the advertising of the upcoming Public Hearings for the Joint Land Use Study.  Motion seconded by Council Member Crews.  All voted “Aye.”

 

17. CONSIDER APPROVAL OF ORDINANCE NO. 760-07 AMENDING ARTICLE 1.04 “BOARDS AND COMMISSION” SPECIFICALLY UNDER DIVISION 3 “FOUNDERS ADVISORY BOARD,” SECTIONS 1.04.061 THRU 1.04.067 OF THE RIVER OAKS CODE OF ORDINANCES (2006) AS AMENDED BY ABOLISHING THE FOUNDERS ADVISORY BOARD

 

Council Member Crews moved to approve Ordinance No. 760-07 amending Division 3, Article 1.04, Sections 1.04.061 through 1.04.067 of the River Oaks Code of Ordinances, abolishing the Founders Advisory Board.  Motion seconded by Council Member Minter.  All voted “Aye.”

 

18. CONSIDER APPROVAL OF ORDINANCE NO. 761-07 AMENDING ARTICLE 4.02, PART II “CHARITY SOLICITATIONS COMMISSION” SECTIONS 4.02.101 THRU 4.02.104 AND PART III “PERMIT” SECTIONS 4.02.131 THRU 4.02.141 OF THE RIVER OAKS CODE OF ORDINANCES (2006) AS AMENDED BY ABOLISHING THE CHARITY SOLICITATIONS COMMISSION

 

Council Member Crews moved to approve Ordinance No. 761-07 amending Division 3, Article 4.02, Sections 4.02.101 through 4.02.104 and Sections 4.02.131 through 4.02.141 of the River Oaks Code of Ordinances, abolishing the Charity Solicitations Commission.  Motion seconded by Council Member Dast.  All voted “Aye.”

 

19. CONSIDER APPROVAL OF MAYOR’S RECOMMENDATION FOR THE TRANSFER OR TERMINATIONS/RESIGNATIONS OF PUBLIC WORKS EMPLOYEES

 

Mayor Pro Tem Holland moved to approve the Mayor’s recommendations for the Transfer or Terminations/Resignations of Public Works Employees.  Motion seconded by Council Member Minter.  All voted “Aye.”

 

20. CONSIDER APPROVAL TO MOVE THE ANNUAL CHRISTMAS TREE LIGHTING CEREMONY FROM CITY HALL TO THE RIVER OAKS COMMUNITY CENTER

 

Discussion on the Agenda Item included whether or not to continue having a Christmas Parade in conjunction with the tree lighting, re-routing the parade if continued and removing one of the trees at the end of the City Hall Complex that was previously intended for the City’s Christmas tree.  Also discussed was the revival of “lighted” floats and vehicles for the parade (if continued).  Continued Parade Activity will be placed on the August 28, 2007 Council Agenda for discussion/action; Mayor Pro Tem Holland suggested getting input from groups/individuals who usually participate.

 

Council Member Adkison moved to approve moving the Annual Christmas Tree Lighting from the City Hall Complex to the River Oaks Community Center.  Motion seconded by Council Member Crews.  All voted “Aye.”

 

21. STAFF REPORT:  UPDATE OF BUILDING PERMIT # 0018353 AT 4833 OHIO GARDEN

 

PWD Gregory reported that no work had begun at the property; he recommended pursuit of Substandard Proceedings.  No further action was taken.

 

CORRESPONDENCE-ANNOUNCEMENTS:

 

22. MAYOR, CITY COUNCIL AND/OR DEPARTMENT HEADS MAY MAKE ANNOUNCEMENTS AND PRESENT CORRESPONDENCE AT THIS TIME

 

Police Chief Chisholm reported that a registered sex offender had been removed from the City’s Public Library for use of City computers to peruse pornographic websites.  The offender, a River Oaks resident, will be processed for revocation, according to his Parole Officer.

Council Member Adkison reported to PWD Gregory that he had received a complaint from Howard Bittle that construction on Roberts Cut Off was interfering with his property.  He inquired about the revenue received for oil and gas interests in the City; CA Ryan assured Council that the funds had been placed in Reserves.

Council Member Crews recognized his 38th Wedding Anniversary with wife Nancy (in the audience).

Council Member Dast thanked National Night Out participants for their hard work and dedication to the program.  She reminded Mayor Earwood that the Community Center Board had been disbanded and advertisement of the Board should be removed from the City’s Cable Channel.  Ms. Dast reminded Council Members, Staff and audience participants of the Chamber of Commerce Recognition Lunch for new teachers, scheduled for Wednesday, August 15th.  Council Member Dast also requested support for employee, John Gibbs, pursuing his water license; support of employees with certifications/licensing is important.  No further action was taken.

 

PUBLIC COMMENTS:

 

23. AT THIS TIME, ANY PERSON WITH CITY RELATED BUSINESS MAY SPEAK TO THE COUNCIL.  IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT, THE CITY COUNCIL MAY NOT DELIBERATE OR TAKE ACTION

 

Linda Claridge expressed appreciation of the progress Gustavo Casteneda is making on the property at 1724 Hillside.  No further action was taken.  

 

WORKSHOP:

 

24. DISCUSS TAX RATE

 

The Workshop began at 9:36 PM.  The pros/cons of freezing property taxes for Senior Citizens was discussed.  CA Ryan had provided calculations for Council review.  This topic will be discussed again at a later date.  No further action was taken.  

EXECUTIVE SESSION:

 

25. CONVENE IN EXECUTIVE SESSION PURSUANT TO CHAPTER 551, TEXAS GOVERNMENT CODE; THE COUNCIL RESERVES THE RIGHT TO CONVENE IN EXECUTIVE SESSION(S) FROM TIME TO TIME ON ANY POSTED AGENDA ITEM TO RECEIVE ADVICE FROM ITS ATTORNEY AS PERMITTED BY LAW DURING THIS MEETING.  THE COUNCIL MAY CONVENE IN EXECUTIVE SESSION TO DISCUSS THE FOLLOWING:

  • Section 551.071 Pending or contemplated litigation or to seek advice from attorney
  • Section 551.072 Discussion regarding possible sale, lease or acquisition of real estate
  • Section 551.074 Personnel matters – To deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a Public Officer or Employee or to hear a complaint or charge against an Officer or Employee   
  • Section 551.076 Deliberation regarding security devices

 

No further action was taken.

 

RECONVENE:

 

26. CONSIDER APPROVAL OF ANY ACTION FROM EXECUTIVE SESSION

 

No further action was taken.

 

            ADJOURN:

 

27. ADJOURN

 

Council Member Crews moved to adjourn the meeting at 10:55 PM.  Motion seconded by Council Member Adkison.  All voted “Aye.”

 

APPROVED:

 

                                                                                    ___________________________________

ATTEST:                                                                        Herman Earwood, Mayor

 

____________________________________

Linda A. Ryan, City Secretary

 

____________________________________________________________________________


MINUTES OF THE REGULAR MEETING

RIVER OAKS CITY COUNCIL

                           AUGUST 28, 2007

 

MEMBERS PRESENT                                                    STAFF PRESENT

MAYOR HERMAN EARWOOD                                                CITY SECRETARY LINDA RYAN

MAYOR PRO TEM STEVE HOLLAND                                       POLICE CHIEF DAN CHISHOLM

COUNCILMEMBER JACK ADKISON                                         FIRE CHIEF BILL CREWS

COUNCILMEMBER JOE CREWS                                             PUBLIC WORKS DIRECTOR MARVIN

COUNCILMEMBER R R “BOB” MINTER                                                 GREGORY

COUNCILMEMBER SHERRIE UPTMORE DAST                           ASST CITY SECRETARY ANGIE HARRIS

CITY ATTORNEY BETSY ELAM                                   

     

 

CALL TO ORDER AT 7:00 PM BY MAYOR EARWOOD; QUORUM PRESENT

 

PUBLIC WORKS SUPERINTENDENT JAMES HATLEY GAVE THE INVOCATION.  CITIZEN DON ISTOOK LED THE PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND TEXAS FLAGS

 

APPROVAL OF MINUTES AND BILLS PAYABLE:

 

1. CONSIDER APPROVAL OF MINUTES OF CITY COUNCIL MEETING AUGUST 14, 2007 AND SPECIAL CALLED MEETING ON AUGUST 21, 2007

 

Council Member Dast moved to approve the City Council Meeting Minutes for August 14, 2007 and the Special Called Meeting for August 21, 2007 as presented.  Motion seconded by Council Member Minter.  All voted “Aye.”  

 

2. CONSIDER APPROVAL OF BILLS PAYABLE FOR PERIOD ENDING AUGUST 28, 2007

 

Council Member Crews moved to approve payment of bills for period ending August 28, 2007.  Motion seconded by Council Member Dast.  All voted “Aye.” 

     

      ITEMS REQUIRING COUNCIL APPROVAL/ACTION:

 

3. CONSIDER APPROVAL OF A REQUEST BY RON AUSTIN TO INSTALL A SECURITY FENCE ON THE PROPERTY AT 5151 RIVER OAKS BLVD. (LOT 1A & 6B, TIPTON SD) TO WITHIN 10-FEET OF THE STREET ON MERRITT STREET AND TO CONSIDER FEES PERTAINING TO THIS ACTION

 

Ron Austin, owner of Austin Electric, addressed Council with his desire to relocate his business in the City and his willingness to install a fence as required by the City’s Ordinance.  PWD Gregory informed Council that their action was limited to:  changing the Zoning requirements for fence materials in that commercial area or waiving the fee required of Mr. Austin for appearance before the Zoning Board of Adjustments (ZBA) for a variance.  Several citizens (unidentified), expressed concerns about visibility restrictions, depending on the type of material used in the fence construction.  Citizen Dean Throne spoke in support of Mr. Austin and his business relocation to River Oaks.  Council Members discussed visibility issues and their desire to allow the ZBA process to be utilized for this request.

 

Mayor Pro Tem Holland moved to refer Ron Austin to the ZBA, working through Zoning Administrator Gregory, with applicable filing fees required.  Motion seconded by Council Member Crews.  All voted “Aye.”  

4. CONSIDER APPROVAL OF THE AD VALOREM TAX RATE OF $0.7827 PER $100 OF PROPERTY VALUE FOR FISCAL YEAR 2007-2008

 

CA Ryan reviewed the Ad Valorem Tax Rate for Council Members.  No increase in the rate was proposed.

 

Council Member Crews moved to approve the tax rate of $0.7827 which raises more tax revenues for the City of River Oaks from properties on the tax roll in the preceding year by 3.455 percent of $66,854.  Motion seconded by Council Member Minter.  All voted “Aye.” 

 

5. CONSIDER APPROVAL OF ORDINANCE NO. 762-07 AFFIXING AND LEVYING MUNICIPAL AD VALOREM TAXES FOR THE FISCAL YEAR BEGINNING APRIL 1, 2007 AND ENDING MARCH 31, 2008 AT A RATE OF $0.782700 PER $100.00

 

CA Ryan explained Section 3 of the Ordinance, which reads:  There is hereby levied and ordered to be assessed and collected for the fiscal year beginning April 1, 2007, and ending March 31, 2008, on all taxable property, real, personal, and mixed, situated within the corporate limits of the City of River Oaks, Texas, and not exempt from taxation by the constitution of the State of Texas and valid state laws, an ad valorem tax rate of $0.782700 on each One Hundred Dollars ($100) assessed value of taxable property, for the purpose of defraying the current maintenance and operation expenses of the City (General Fund). 

 

Council Member Adkison moved to approve Ordinance No. 762-07 affixing and levying municipal Ad Valorem Taxes for the Fiscal Year beginning April 1, 2007 and ending March 31, 2008 at a rate of $0.782700 per $100.00 value.  Motion seconded by Council Member Dast.  All voted “Aye.”

 

6. CONSIDER APPROVAL OF RESOLUTION NO. 617-07 EXEMPTING $15,000 FROM ASSESSED VALUATIONS OF HOMESTEADS FOR THOSE PERSONS SIXTY-FIVE (65) YEARS OF AGE OR OLDER

 

CA Ryan explained that approval of this Resolution is a matter of “housekeeping” and no changes are being proposed.  [Several citizens asked to speak about the possibility of “freezing taxes” for Senior Citizens and the general topic of proper tax dollar distribution.  As these items were not posted on the Agenda, these issues may be posted/discussed at a future meeting]. 

 

Council Member Dast moved to approve Resolution No. 617-07 exempting $15,000 from assessed valuations of homesteads for those persons sixty-five (65) years of age or older.  Motion seconded by Council Member Minter.  All voted “Aye.”

 

7. DISCUSS/CONSIDER APPROVAL TO CONTINUE ORGANIZING/PARTICIPATING IN AN ANNUAL CHRISTMAS PARADE

 

Council Members and Staff discussed some of the following:  Safety concerns for parade participants, incorporating more lights on the participating cars and floats, and limiting participation to those who register in advance.   

 

Mayor Pro Tem Holland moved to approve continued participation in an annual Christmas Parade with required lighting on each entry for safety.  Motion seconded by Council Member Crews.  All voted “Aye.”

8. CONSIDER AMENDING THE JUNE 26, 2007 COUNCIL ORDER ON THE SUBSTANDARD STRUCTURE AT 1724 HILLSIDE DRIVE THAT INCLUDES ADDITIONAL TIME IN ORDER TO BRING THE STRUCTURE INTO COMPLIANCE AND CONSIDER WAIVING THE CIVIL PENALTIES IN ACCORDANCE WITH SECTION 3.07.013 OF THE 2006 RIVER OAKS CODE OF ORDINANCES

 

PWD Gregory reviewed the status of the City Council’s June 26, 2007 Order.  Gustavo Casteneda (unavailable for the meeting) requested thirty (30) additional days to complete renovations of the Substandard Property.  Council Members agreed that Mr. Casteneda had “shown extremely good faith” on this project with vast improvements to the property. 

 

Mayor Pro Tem Holland made the following motion:  I move that the Council Orders of June 26, 2007 be amended on the Substandard Building at 1724 Hillside based on evidence presented at the August 28, 2007 hearing as follows:  1.  The Substandard Building on the property at 1724 Hillside Dr. in River Oaks, Texas, be repaired in conformance with the requirements of Section 3.07.004 of the River Oaks Code of Ordinances (2006) as amended within 30 days from August 28, 2007 and further find that if the building is not repaired within 30-days, that a civil penalty in accordance to Section 3.07.013 of the River Oaks Code of Ordinances (2006) as amended, be assessed against the property owner in an amount not to exceed One-Thousand Dollars ($1,000.00) per day for each day that the structure remains in violation after September 27, 2007; and 2.  All civil penalties due and payable by Gustavo Casteneda as of August 28, 2007 in the amount of $3,000 are hereby waived.  Motion seconded by Council Member Minter.  All voted “Aye.”

 

PUBLIC HEARINGS:

 

9. PUBLIC HEARING:  SUBSTANDARD ENFORCEMENT ACTION REGARDING STRUCTURE(S) LOCATED ON THE PROPERTY AT 1504 YALE STREET

 

Mayor Earwood opened the Public Hearing at 8:07 PM.  Clyde Davis, owner of the property, addressed Council with his request for additional time to bring the property into compliance with the City’s Code of Ordinances.  PWD Gregory showed photos of the property, citing numerous code violations, including structural dilapidation, substandard foundation and hazardous electrical and plumbing standards. He also reported that Mr. Davis had failed to meet previous time limits for compliance.  PWD Gregory, as the City’s Building Official, recommended demolition of the structure.  Mayor Earwood closed the Public Hearing at 8:15 PM. 

 

10. ACTION FROM PUBLIC HEARING:  CONSIDER COUNCIL ORDERS ON THE PROPERTY AT 1504 YALE STREET THAT MAY INCLUDE THE SECURING OF, VACATING OF OCCUPANTS FROM, REMOVAL OF, REPAIRING OR DEMOLITION OF STRUCTURE(S) IN ORDER TO BE BROUGHT INTO COMPLIANCE WITH SECTION 3.07.004 OF THE RIVER OAKS CODE OF ORDINANCES (2006) AS AMENDED

 

Council Member Crews made the following motion:  I move that the City Council find that the building located at 1504 Yale based on evidence presented at the hearing, is Substandard and:  1.  That the conditions set forth in the Building Official’s report exist to the extent that the life, health, property, or safety of the public (and occupants of the building (s), if applicable) are endangered; and 2.  That the owner has been given an opportunity in the past to make the necessary repairs, and there is no reasonable probability that the building(s) will be repaired within a reasonable period of time if additional time is given; and therefore, ORDER that the building(s) located at 1504 Yale be demolished and the debris removed from the property within 30 days and the LIENHOLDER OR MORTGAGEE to within an additional 30-days if the owner does not comply.  3.  If the Owner fails to demolish or remove the building within 30 days and the LIENHOLDER OR MORTGAGEE to within an additional 30-days if the owner does not comply, the City shall demolish the building at its expense and place a lien on the property to recover its costs.  [Additional instructions were given by Council that the building MUST be secured within 72 hours of this order].  Motion seconded by Council Member Minter.  All voted “Aye.”

 

11. PUBLIC HEARING:  SUBSTANDARD ENFORCEMENT ACTION REGARDING STRUCTURE(S) LOCATED ON THE PROPERTY AT 4605 WHITE OAK LANE

 

Mayor Earwood opened the Public Hearing at 8:18 PM.  Martin John spoke on behalf of the property owner, requesting additional time to bring the structure into compliance with the City’s Code of Ordinances.  PWD Gregory showed photos of the building’s exterior (no interior photos were available).  He felt that the structure, based on his findings, was repairable.  Mayor Earwood requested that photos be taken of the inside of the home and presented at the next Council meeting. 

 

12. ACTION FROM PUBLIC HEARING:   CONSIDER COUNCIL ORDERS ON THE PROPERTY AT 4605 WHITE OAK LANE THAT MAY INCLUDE THE SECURING OF, VACATING OF OCCUPANTS FROM, REMOVAL OF, REPAIRING OR DEMOLITION OF STRUCTURE(S) IN ORDER TO BE BROUGHT INTO COMPLIANCE WITH SECTION 3.07.004 OF THE RIVER OAKS CODE OF ORDINANCES (2006) AS AMENDED

 

Council Member Adkison moved to keep the Public Hearing open until September 11, 2007 at 7:00 PM.  Motion seconded by Mayor Pro Tem Holland.  All voted “Aye.”   

 

13. STAFF REPORT:  UPDATE ON SUBSTANDARD PROPERTIES AT 1116 YALE STREET, 1217 OXFORD STREET AND 4803 WHITE OAK LANE

 

PWD Gregory stated that the structure at 1217 Oxford Street had been demolished.  Council Members agreed that the responsibility for clearing the debris on the lot belonged to the property owner.

 

Permits had been issued for work on the property at 1116 Yale Street, but little progress has been made.  PWD Gregory will contact the owners to encourage improvements.

 

PWD Gregory gave a brief update on the status of work at 4803 White Oak Lane as well.  No further action was taken.

 

14. STAFF REPORT:  UPDATE OF BUILDING PERMIT # 0018353 AT 4833 OHIO GARDEN ROAD

 

Minimal progress has been made under this permit.  Council Members instructed PWD Gregory to proceed with the Substandard Process and place the burden of action on the City Council.  PWD Gregory will begin the process and have updates available at future meetings.

 

 

15. STAFF REPORT:  PUBLIC WORKS SUPERINTENDENT, JAMES HATLEY, ON MOSQUITO SURVEILLANCE PROGRAM

 

Public Works Superintendent James Hatley reported that the Mosquito Surveillance Program, started in 2005, requires weekly samples to Tarrant County.  He reported that the City now breeds minnows, which help keep the mosquito population down by consuming larvae.  No further action was taken. 

 

16. MONTHLY REPORTS:

 

  • FIRE DEPARTMENT – JULY 2007

 

  • POLICE DEPARTMENT AND MUNICIPAL COURT ACTIVITY – JULY 2007

 

  • PUBLIC WORKS DEPARTMENT  [TO INCLUDE CODE COMPLIANCE, PERMITS & INSPECTIONS, SANITATION AND WATER] – JULY 2007

 

  • PARK BOARD MINUTES – JULY 2007

 

  • PUBLIC LIBRARY – JULY 2007

 

No further action was taken.

 

CORRESPONDENCE-ANNOUNCEMENTS:

 

17. MAYOR, CITY COUNCIL AND/OR DEPARTMENT HEADS MAY MAKE ANNOUNCEMENTS AND PRESENT CORRESPONDENCE AT THIS TIME

 

Council Member Adkison asked if the City would be buying an ad for the Castleberry Sports Program.  CA Ryan assured Council Members that the City purchases an ad every year.

Mayor Pro Tem Holland observed that violations of the City’s Sign Ordinance seem to be occurring more frequently.  Fire Chief Crews was aware of some of the violations and will pursue compliance from the Business Owners.

Council Member Dast asked about the purchase of a lawn mower for the Park Board.  PWD Gregory and CA Ryan reported on expenditures for the lawn mower and two (2) weed eaters. No further action was taken.

 

PUBLIC COMMENTS:

 

18. AT THIS TIME, ANY PERSON WITH CITY RELATED BUSINESS MAY SPEAK TO THE COUNCIL.  IN COMPLIANCE WITH THE TEXAS OPEN MEETINGS ACT, THE CITY COUNCIL MAY NOT DELIBERATE OR TAKE ACTION

 

Public Works Superintendent Hatley responded to an inquiry by Citizen Wayne Butler that it takes the City crews approximately two (2) weeks to encompass the entire City with the Street Sweeper.  Park Board Chairman Hub Makarwich expressed concern about residential lawn clippings being swept into the street, to eventually “clog” the water run-off system.  CA Elam recently drafted a Mowing Ordinance for another city; future consideration for a similar ordinance was discussed.  No further action was taken.  

 

 

WORKSHOP:

 

19. DISCUSS BANNERS ON THE BOULEVARD AND CONTINUATION OF DISCUSSIONS ON ANIMAL CONTROL

 

No workshop items were discussed during this meeting.  No further action was taken.  

EXECUTIVE SESSION:

 

20. CONVENE IN EXECUTIVE SESSION PURSUANT TO CHAPTER 551, TEXAS GOVERNMENT CODE; THE COUNCIL RESERVES THE RIGHT TO CONVENE IN EXECUTIVE SESSION(S) FROM TIME TO TIME ON ANY POSTED AGENDA ITEM TO RECEIVE ADVICE FROM ITS ATTORNEY AS PERMITTED BY LAW DURING THIS MEETING.  THE COUNCIL MAY CONVENE IN EXECUTIVE SESSION TO DISCUSS THE FOLLOWING:

  • Section 551.071 Pending or contemplated litigation or to seek advice from attorney
  • Section 551.072 Discussion regarding possible sale, lease or acquisition of real estate

5201 Ohio Garden

  • Section 551.074 Personnel matters – To deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a Public Officer or Employee or to hear a complaint or charge against an Officer or Employee   
  • Section 551.076 Deliberation regarding security devices

 

Mayor Earwood convened an Executive Session at 9:09 PM pursuant to Texas Government Code, Section 551.071 and 551.072.

 

RECONVENE:

 

21. CONSIDER APPROVAL OF ANY ACTION FROM EXECUTIVE SESSION

 

Mayor Earwood reconvened the Regular Session at 9:42 PM.  No further action was taken.

 

            ADJOURN:

 

22. ADJOURN

 

Council Member Crews moved to adjourn the meeting at 9:43 PM.  Motion seconded by Council Member Minter.  All voted “Aye.”

 

APPROVED:

 

                                                                                    ___________________________________

ATTEST:                                                                        Herman Earwood, Mayor

 

____________________________________

Linda A. Ryan, City Secretary

 

 

 
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