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Bi-Monthly: May 2007

MINUTES OF THE REGULAR MEETING

RIVER OAKS CITY COUNCIL

                           MAY 8, 2007

 

MEMBERS PRESENT                                                     STAFF PRESENT

MAYOR HERMAN EARWOOD                                                CITY SECRETARY LINDA RYAN

MAYOR PRO TEM STEVE HOLLAND                                       POLICE CHIEF DAN CHISHOLM

COUNCILMEMBER CLINT WILLIAMS                                      FIRE CHIEF BILL CREWS

COUNCILMEMBER LEONARD WATSON                                   PUBLIC WORKS DIRECTOR MARVIN

COUNCILMEMBER R R “BOB” MINTER                                              GREGORY

COUNCILMEMBER JOANN GORDON                                       ASST CITY SECRETARY ANGIE HARRIS

CITY ATTORNEY BETSY ELAM                                                                       

 

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

 

MAYOR PRO TEM HOLLAND GAVE THE INVOCATION.  COUNCIL MEMBER WATSON LED THE PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND TEXAS FLAGS

 

READING OF PROCLAMATION(S):

 

Mayor Earwood Proclaimed May 13 through May 19, 2007 as National Police Week and May 15th as Peace Officers’ Memorial Day.  He expressed appreciation to Police Chief Chisholm and his Department and asked that Nathan Laurie, a River Oaks Police Officer killed in the line of duty on July 29, 2004, be remembered by all.

 

APPROVAL OF MINUTES AND BILLS PAYABLE:

 

1. CONSIDER APPROVAL OF MINUTES OF CITY COUNCIL MEETING APRIL 24, 2007

 

Mayor Pro Tem Holland moved to approve the City Council Meeting Minutes for April 24, 2007 as presented.  Motion seconded by Council Member Watson.  All voted “Aye.”  

 

2. CONSIDER APPROVAL OF BILLS PAYABLE FOR PERIOD ENDING MAY 8, 2007

 

Council Member Gordon moved to approve payment of bills for period ending May 8, 2007.  Motion seconded by Council Member Minter.  All voted “Aye.” 

     

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

 

3. PRESENTATION BY RACHEL WIGGINS OF NCTCOG NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) REGARDING THE BRIEFING OF THE JOINT LAND USE STUDY WITH NAVAL AIR STATION JOINT RESERVE BASE (NAS/JRB)

 

Mayor Earwood introduced Rachel Wiggins, representing NCTCOG, who gave an overview of the aggressive schedule outlined for the aircraft noise study at the Naval Air Station and surrounding neighborhoods.  When closing military bases, the government does listen to the residents occupying the communities impacted by the base’s activities.  Studying the “noise traffic” generated by the NAS’ aircraft activity and educating residents in the areas affected by that traffic would aid in determining whether the Joint Reserve Base might someday be slated for closure.  As the NAS is a major employer in the area and River Oaks benefits from the business (the NAS/JRB Carswell Field is the largest of its type in the world), the City is involved and continues to be supportive of the Joint Land Use Study.  The base could not have realized that development around the area could have been so vast and so fast; an aggressive and progressive plan of action is imperative to maintaining the NAS/JRB for our community’s future.  

No further action was taken.

 

4. CONSIDER APPROVAL OF EMPLOYEE HEALTH INSURANCE RATES FOR PLAN YEAR JULY 2007-JUNE 2008 – PRESENTED BY DEE BEASLEY-HAYDEN, BRINSON BENEFITS, INC

 

Due to Ms. Beasley-Hayden’s absence, CA Ryan explained the process for negotiating the 2007-2008 Employee Insurance Plan Year.  Bids were received from five (5) insurance companies, including Aetna, the current carrier, submitting the preferred proposal.  With an enriched plan of an 80/20% out-of-pocket expense (previous plan was 70/30%), $2,000/Individual - $4,000/Family maximum out-of-pocket expense (previous plan was $2,500/Individual - $5,000/Family) and by deleting the “buy up option” (previous plan cost the City 2% to offer this option with only two employees participating), Aetna was able to offer the City a 6.42% premium increase; CA Ryan had budgeted 18%.  There was no increase for the Jefferson Pilot Life Insurance premiums and only a 1-5% increase for Dental Select premiums, which employees pay entirely.  Overall, CA Ryan was pleased with the increase percentages and recommended approval of the premiums as presented.  

 

Council Member Williams moved to approve Alternate Option #4 With The Enriched Plan from Aetna for Insurance Premiums applicable for Plan Year July 2007-June 2008 as presented; Life and Dental Premiums also as presented.  Motion seconded by Council Member Watson.  All voted “Aye.”

 

5. CONSIDER APPROVAL OF A REQUEST BY DAVE KIRK REPRESENTING T-MOBILE TO ERECT A 90-FOOT TELECOMMUNICATIONS TOWER ON THE COMMERCIAL PROPERTY AT 1917 ROBERTS CUT OFF

 

Dave Kirk, representing T-Mobile, addressed Council with the request to erect a telecommunications tower, initially for T-Mobile’s use, but stated that other companies would be able to utilize it as well.  PWD Gregory confirmed that the tower would be in accordance with the City’s Ordinances but that its commercial use, being adjacent to a residential area, might require masonry screening.  Mayor Earwood expressed his concern that the tower might become a “white elephant” in time and gained Mr. Kirk’s assurance that T-Mobile would remove the tower if/when it was no longer needed. 

 

Council Member Williams moved to approve the request by T-Mobile to erect a 90-foot telecommunications tower at 1917 Roberts Cut Off, with a possible waiver to require masonry screening at the site; this condition pursuant to PWD Gregory’s recommendations.   Motion seconded by Council Member Gordon.  All voted “Aye.”

 

6. CONSIDER APPROVAL OF A REQUEST BY CITIZEN CORNELL ADDINGTON (328 FRONTIER) TO WAIVE ADHERENCE TO ARTICLE 2.03 “LIVESTOCK AND OTHER ANIMALS” OF THE 2006 RIVER OAKS CODE OF ORDINANCES, AND ALLOW HER TO MAINTAIN A PONY IN HER BACK YARD

 

Citizen Cornell Addington presented Council Members with documentation and photos of “Poptart,” a Welsh pony maintained in the back yard of the Addington home (328 Frontier), since 1993.  Pursuant to City Ordinance Article 2.03 “Livestock and Other Animals,” a minimum of 5 acres is required to maintain livestock in the City of River Oaks.  Ms. Addington read a letter to Mayor Earwood and Council Members, requesting that she and her husband be allowed to keep their pony, as he has become “enjoyable to the neighborhood.”  Mayor Earwood and several of the Council Members had visited the Addington’s home prior to this meeting and agreed that the pony was well kept and that the back yard was in good, clean condition for the maintenance of the animal.  Mayor Pro Tem Holland informed Ms. Addington of the Council’s need for consistency and that any variance from the City’s Ordinance would only be considered due to the cleanliness of her back yard and the fact that adjacent neighbors are not severely impacted by the pony’s habitat because they do not utilize the back portions of their back yards.

 

Council Member Williams moved to approve the request by Cornell Addington (328 Frontier) to waive adherence to Article 2.03 “Livestock and Other Animals” of the 2006 Code of Ordinances and allow her to continue to maintain a pony in her back yard for the duration of the pony’s life.   Motion seconded by Council Member Watson.  All voted “Aye.”

 

7. CONSIDER APPROVAL OF A REQUEST BY COURTNEY BOGGS TO EXTEND DEVELOPMENT AGREEMENT REGARDING THE COMMERCIAL USE AT 905 ROBERTS CUT OFF, OTHERWISE KNOWN AS “GIGGLES THERAPY”

 

PWD Gregory recommended an extension of time to allow Ms. Boggs to complete the screening and handrails for the “Giggles Therapy” center located at 905 Roberts Cut Off.  He reported that Ms. Boggs’ contractor had left without completing the project and recommended extending her time to complete the work due to her strict compliance and progress made thus far.

 

Council Member Williams moved to approve extending the development agreement allowing up to 120 additional days to complete the work at 905 Roberts Cut Off, otherwise known as “Giggles Therapy.”  Motion seconded by Council Member Gordon.  All voted “Aye.”

 

ITEMS REQUIRING COUNCIL APPROVAL/ACTION:

 

PUBLIC HEARINGS:

 

8. PUBLIC HEARING:  SUBSTANDARD ENFORCEMENT ACTION REGARDING STRUCTURE(S) LOCATED ON THE PROPERTY AT 4862 THURSTON RD

 

Mayor Earwood opened the Public Hearing at 7:57 PM.  PWD reported that since the posting of this Agenda, the property had been brought into compliance.  Mayor Earwood closed the Public Hearing at 7:58 PM.

 

9. ACTION FROM PUBLIC HEARING:  CONSIDER COUNCIL ORDERS ON THE PROPERTY AT 4862 THURSTON RD THAT MAY INCLUDE THE SECURING OF, VACATING OF OCCUPANTS FROM, REMOVAL OF, REPAIRING OF OR DEMOLITION OF STRUCTURE(S) IN ORDER TO BE BROUGHT INTO COMPLIANCE WITH SECTION 3.07.004 OF THE 2006 RIVER OAKS CODE OF ORDINANCES AS AMENDED

 

Structure(s) in compliance.  No further action was taken.

 

 

10. PUBLIC HEARING:  SUBSTANDARD ENFORCEMENT ACTION REGARDING STRUCTURE(S) LOCATED ON THE PROPERTY AT 5004 LANGLEY RD

 

Mayor Earwood opened the Public Hearing at 7:58 PM.  Mrs. Campos spoke on behalf of the property owner, Dorothy Bettencourt, stating that they had been working to bring the structure(s) into compliance.  Termite damage, causing extensive removal of some of the home’s interior and the fact that both she and her spouse had become unemployed, had delayed their progress.  PWD confirmed their efforts but pointed out that other issues had arisen which must be addressed, not the least of which is bringing the water heater and its surrounding “closet” into compliance by installing a combustion tube and sealing the door.  PWD Gregory recommended a 30-day extension to allow sufficient time for compliance.  Mayor Earwood closed the Public Hearing at 8:05 PM.

 

11.ACTION FROM PUBLIC HEARING:  CONSIDER COUNCIL ORDERS ON THE PROPERTY AT 5004 LANGLEY RD THAT MAY INCLUDE THE SECURING OF, VACATING OF OCCUPANTS FROM, REMOVAL OF, REPAIRING OF OR DEMOLITION OF STRUCTURE(S) IN ORDER TO BE BROUGHT INTO COMPLIANCE WITH SECTION 3.07.004 OF THE 2006 RIVER OAKS CODE OF ORDINANCES AS AMENDED

 

Council Member Williams moved to approve a 30-day extension for the property located at 5004 Langley Rd in order to bring the structure(s) into compliance with the City’s 2006 River Oaks Code of Ordinances as amended.  Motion seconded by Council Member Watson.  All voted “Aye.”

 

12. PUBLIC HEARING:  SUBSTANDARD ENFORCEMENT ACTION REGARDING STRUCTURE(S) LOCATED ON THE PROPERTY AT 4825 STEVENS STREET

 

Mayor Earwood opened the Public Hearing at 8:07 PM.  Darial L. Wallace, recorded owner of the property, stated that permits had been issued but that he needed additional time to complete work on window frames and to paint.  PWD Gregory confirmed and stated that the home also needed to have 100-amp service in order to be compliant.  He recommended extending time for the repairs not to exceed 90 days, state a commencement date and require progress reports during the extended time.  Mayor Earwood closed the Public Hearing at 8:13 PM.

 

13.ACTION FROM PUBLIC HEARING:  CONSIDER COUNCIL ORDERS ON THE PROPERTY AT 4825 STEVENS STREET THAT MAY INCLUDE THE SECURING OF, VACATING OF OCCUPANTS FROM, REMOVAL OF, REPAIRING OF OR DEMOLITION OF STRUCTURE(S) IN ORDER TO BE BROUGHT INTO COMPLIANCE WITH SECTION 3.07.004 OF THE 2006 RIVER OAKS CODE OF ORDINANCES AS AMENDED

 

Council Member Williams moved to approve a 90-day extension of time for the property owner at 4825 Stevens Street to bring the structure(s) into compliance with the City’s 2006 Code of Ordinances as amended with a commencement date for the 90-day extension period of May 9, 2007.  Motion seconded by Council Member Minter.  All voted “Aye.”

 

14. PUBLIC HEARING:  SITE PLAN APPLICATION OF BRADLEY S. INGE AT 1016 ROBERTS CUT OFF IN ACCORDANCE WITH SECTION 25 OF ZONING ORDINANCE # 600 AS AMENDED FOR THE CONSTRUCTION OF A NEW 1,485 SQ FT OFFICE BUILDING AND A 2,000 SQ FT SHOP AND GARAGE IN A C-2 COMMERCIAL ZONING DISTRICT (ZONING CASE # 2007-05)

Mayor Earwood opened the Public Hearing at 8:14 PM.  Mayor Earwood and Council Members commented on the aesthetically pleasing screening wall and landscaping work that had already been done on the property.  PWD Gregory stated that Mr. Inge needed to provide the City with a complete set of construction plans for proposed work on the structures.  Mayor Earwood closed the Public Hearing at 8:15 PM.

 

15.ACTION FROM PUBLIC HEARING:  CONSIDER APPROVAL OF SITE PLAN APPLICATION OF BRADLEY S. INGE AT 1016 ROBERTS CUT OFF IN ACCORDANCE WITH SECTION 25 OF ZONING ORDINANCE # 600 AS AMENDED FOR THE CONSTRUCTION OF A NEW 1,485 SQ FT OFFICE BUILDING AND A 2,000 SQ FT SHOP AND GARAGE IN A C-2 COMMERCIAL ZONING DISTRICT (ZONING CASE # 2007-05)

 

Council Member Williams moved to approve the Site Plan Application of Bradley S. Inge for the construction of a new 1,485 sq ft Office building and a 2,000 sq ft Shop and Garage in a C-2 Commercial Zoning District (Zoning Case # 2007-05).  Motion seconded by Council Member Minter.  All voted “Aye.”

 

16. PUBLIC HEARING:  SITE PLAN APPLICATION OF HUBBARD MAKARWICH AT 1107 ROBERTS CUT OFF IN ACCORDANCE WITH SECTION 25 OF ZONING ORDINANCE # 600 AS AMENDED FOR THE NEW CONSTRUCTION OF A 2,925 SQ FT CHILDREN’S LEARNING CENTER LOCATED IN A C-1 COMMERCIAL ZONING DISTRICT (ZONING CASE # 2007-06)

 

Mayor Earwood opened the Public Hearing at 8:16 PM.  PWD Gregory stated that a firewall with a 3-foot distance from the lot line would be needed in order to comply with the City’s Ordinance.  A 6-foot wooden screening fence currently exists at the back of the property which could be allowed to remain under the City’s guidelines.  Mayor Earwood closed the Public Hearing at 8:18 PM.

 

17.ACTION FROM PUBLIC HEARING:  CONSIDER APPROVAL OF SITE PLAN APPLICATION OF HUBBARD MAKARWICH AT 1107 ROBERTS CUT OFF IN ACCORDANCE WITH SECTION 25 OF ZONING ORDINANCE # 600 AS AMENDED FOR THE NEW CONSTRUCTION OF A 2,925 SQ FT CHILDREN’S LEARNING CENTER LOCATED IN A C-1 COMMERCIAL ZONING DISTRICT (ZONING CASE # 2007-06)

 

Council Member Gordon moved to approve the Site Plan Application of Hubbard Makarwich for the construction of a 2,925 sq ft Children’s Learning Center in a C-1 Commercial Zoning District (Zoning Case # 2007-06).  Motion seconded by Council Member Minter.  All voted “Aye.”

 

18. CONSIDER APPROVAL OF RESOLUTION NO. 614-07 REVIEWING ANNUALLY THE OFFICIAL INVESTMENT STRATEGY AND INVESTMENT POLICY IN ACCORDANCE WITH PUBLIC FUNDS INVESTMENT ACT (CHAPTER 2256 OF THE TEXAS LOCAL GOVERNMENT CODE)

 

CA Ryan commented that the Investment Strategy and Policy is reviewed each year but was not completed at the time the 2007-2008 Fiscal Year Budget was adopted.  She has attended mandated Investment Training through North Texas Municipal Clerks Association (NTMCA) and is in compliance with updates to Investment Law.  

 

 

 

Council Member Williams moved to approve Resolution No. 614-07 renewing and updating the City’s Official Investment Strategy and Investment Policy in accordance with the Public Funds Investment Act.  Motion seconded by Council Member Gordon.  All voted “Aye.”

 

19. CONSIDER APPROVAL TO EXPEND UP TO $16,000 FOR INSTALLATION OF COMMERCIAL LOCK SYSTEM AT THE CITY HALL COMPLEX AND COMMUNITY CENTER:  ( $2,597 FIRE DEPARTMENT DOLLAR DONATIONS, $10,310 COURT TECHNOLOGY, $371 COMMUNITY CENTER DOLLAR DONATIONS, AND $2,620 LIBRARY DOLLAR DONATIONS ) – PRESENTED BY FIRE CHIEF BILL CREWS

 

Mayor Earwood stated that Fire Chief Crews had been working on this project for quite some time and that the proposed changes would allow full control of City Building security.  As employees and elected officials depart, “re-keying” buildings has become expensive and cumbersome.  With electronic controls, greater access will be allowed for the City when adding/deleting eligible people for entrance into buildings and will also allow reporting of “attempted” entry where not allowed.  FC Crews assured Council Members of a 10-year warranty on equipment and installation with the added advantage of having control over programming the system ourselves. 

 

Council Member Williams moved to approve expenditure of up to $16,000 for installation of a Commercial Lock System by UCA, Inc. at the City Hall Complex and Community Center, with amounts and funding accounts to be followed as presented.  Motion seconded by Council Member Minter.  All voted “Aye.”

 

CORRESPONDENCE-ANNOUNCEMENTS:

 

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

 

With the General Election scheduled for May 12th, and as Council Member Watson had not sought re-election, Mayor Pro Tem Holland expressed his appreciation to CM Watson for his work and dedication on the Council during his term; Mayor Earwood and fellow Council Members concurred.  No further action was taken.

 

PUBLIC COMMENTS:

 

21. 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

 

Hubbard Makarwich expressed his appreciation to Public Works Superintendent, James Hatley, for his diligence in contacting Texas Trees Foundation to have dead trees and shrubs replaced at Coates Park.  Mr. Makarwich also reported that the work done at McGee Park by the contractor had been a disappointment and recommended that no further payment be made to him.  The City’s Park Board is reviewing a plan of action for further work at the Park.  No further action was taken.  

 

 

 

 

EXECUTIVE SESSION:

 

22. 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:

  1. Section 551.071 Pending or contemplated litigation or to seek advice from attorney
  2. Section 551.072 Discussion regarding possible sale, lease or acquisition of real estate
  3. 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   
  4. Section 551.076 Deliberation regarding security devices

 

No further action was taken.

 

RECONVENE:

 

23. CONSIDER APPROVAL OF ANY ACTION FROM EXECUTIVE SESSION

 

No further action was taken.

 

            ADJOURN:

 

24. ADJOURN

 

Council Member Watson moved to adjourn the meeting at 8:40 PM.  Motion seconded by Council Member Williams.  All voted “Aye.”

[Reviewed by City Secretary 05/16/2007]

 

APPROVED:

 

                                                                                    ___________________________________

ATTEST:                                                                        Herman Earwood, Mayor

 

____________________________________

Linda A. Ryan, City Secretary

__________________________________________________________________________

 

MINUTES OF THE REGULAR MEETING

RIVER OAKS CITY COUNCIL

                           MAY 22, 2007

 

MEMBERS PRESENT                                                    STAFF PRESENT

MAYOR HERMAN EARWOOD                                                CITY SECRETARY LINDA RYAN

MAYOR PRO TEM STEVE HOLLAND                                       POLICE CHIEF DAN CHISHOLM

COUNCILMEMBER CLINT WILLIAMS                                      FIRE CHIEF BILL CREWS

COUNCILMEMBER LEONARD WATSON                                   PUBLIC WORKS DIRECTOR MARVIN

COUNCILMEMBER R R “BOB” MINTER                                             GREGORY

COUNCILMEMBER JOANN GORDON                                        LIBRARY DIRECTOR MARY EARWOOD

      MEMBERS ABSENT                                                        ASST CITY SECRETARY ANGIE HARRIS

      CITY ATTORNEY BETSY ELAM (SCHEDULE CONFLICT)

 

 

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

 

CITIZEN DAN GADDIS GAVE THE INVOCATION.  COUNCIL MEMBER WILLIAMS 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 MAY 8, 2007

 

Council Member Watson moved to approve the City Council Meeting Minutes for May 8, 2007 as presented.  Motion seconded by Council Member Gordon.  All voted “Aye.”  

 

2. CONSIDER APPROVAL OF BILLS PAYABLE FOR PERIOD ENDING MAY 22, 2007

 

Council Member Williams moved to approve payment of bills for period ending May 22, 2007.  Motion seconded by Council Member Watson.  All voted “Aye.” 

     

      ITEMS REQUIRING COUNCIL APPROVAL/ACTION:

 

3. CONSIDER APPROVAL OF RESOLUTION NO. 615-07 CANVASSING RETURNS AND DECLARING THE RESULTS OF GENERAL ELECTION HELD ON MAY 12, 2007 FOR THE PURPOSE OF ELECTING A MAYOR AND CITY COUNCIL MEMBERS FOR PLACES 1, 3 AND 5

 

Not read into the minutes but recorded here are the following election results:  For Mayor:  Herman Earwood – 360 votes; Clint Williams – 329 votes; For City Council Place 1:  Jack Adkison – 350 votes; Dan Gaddis – 334 votes; For City Council Place 3:  Joe Crews – 468 votes; Claude Clanton – 167 votes; For City Council Place 5:  JoAnn Gordon – 306 votes; Sherrie Uptmore Dast – 358 votes.  

 

Council Member Williams moved to approve Resolution No. 615-07 canvassing the returns of the General Election held on May 12, 2007 and declaring the results as recorded.  Motion seconded by Council Member Gordon.  All voted “Aye.”

 

4. STATEMENT OF ELECTED/APPOINTED OFFICIALS AND “OATH OF OFFICE” FOR MAYOR AND CITY COUNCIL MEMBERS PLACES 1, 3 AND 5

Statements of Elected Officials were issued and Oaths of Office were administered to newly elected Council Members Jack Adkison (Place 1) and Sherrie Uptmore Dast (Place 5) by Judge Mike Sinha, acting in his official capacity as Municipal Court Judge for the City of Sansom Park.  Judge Andrew L. Vogel, acting in his official capacities as the Municipal Court Judge for the City of River Oaks and Notary Public in and for the State of Texas and Tarrant County, issued Statements of Elected Officials and administered the Oaths of Office to newly elected Council Member Joe Crews (Place 3) and re-elected Mayor Herman Earwood.  Elected Officials were attended by their spouses, Jeanne Adkison, Arthur Dast, Nancy Crews and Mary Earwood, consecutively.  No further action was taken.

 

 PRESENTATIONS TO OUTGOING CITY OFFICIALS BY MAYOR EARWOOD          

 

Mayor Earwood presented Clint Williams (City Council Place 1), Leonard Watson (City Council Place 3) and JoAnn Gordon (City Council Place 5) with awards of appreciation for their “dedicated service and leadership” as River Oaks City Council Members.  A recess was called from 7:20 to 7:40 PM for a 2007 Election Reception in honor of outgoing and newly elected City Council Members; light refreshments were served.

 

RECONVENE IN REGULAR MEETING FOLLOWING RECEPTION:

 

Mayor Earwood called the Regular Meeting to order at 7:40 PM. 

 

5. CONSIDER APPOINTMENT OF A MAYOR PRO TEM FOR THE 2007-2008 FISCAL YEAR

 

Mayor Earwood asked that paper and pen be given to each City Council Member for written votes for Mayor Pro Tem.  Votes were given to CA Ryan who announced:  3 votes for Steve Holland, 2 votes for Jack Adkison.  Mayor Earwood asked Council Member Holland if he would accept the Mayor Pro Tem position; CM Holland accepted.  No further action was taken.

 

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

 

6. CONSIDER A REQUEST BY “THE CITIZENS OF CAMBRIDGE COURT” TO POST A 15 MILE PER HOUR SPEED LIMIT SIGN IN THE 1200 BLOCK OF CAMBRIDGE COURT – REPORT BY POLICE CHIEF CHISHOLM

 

No representatives from the “Citizens of Cambridge Court” were in attendance.  Police Chief Chisholm reported that residential areas post 30 mile per hour speed limit signs and suggested installing a “Slow, Children at Play” sign; he indicated that no Ordinance was needed to accomplish placement of the sign.  PWD Gregory will oversee having the sign installed.  No further action was taken.

 

7. CONSIDER APPROVAL OF A REQUEST BY “ALL METROPLEX QUALITY POOLS” TO REDUCE THE FEE FOR PERMIT # 17610 THAT EXPIRED MARCH 29, 2007 WITHOUT FINAL APPROVAL

 

No representative was in attendance to present this request.  PWD Gregory explained that his understanding was that the contractor had been “fired” from the project, so the request was moot.  No further action was taken.

 

8. CONSIDER APPROVAL OF A REQUEST BY ATTORNEY DAVID FRISBY THAT THE CITY OF RIVER OAKS ZONING ORDINANCE BE AMENDED TO ALLOW SHELTERS FOR ABUSED WOMEN AS A PERMITTED USE IN C-2 COMMERCIAL ZONING DISTRICTS

 

Attorney David Frisby was not in attendance for this meeting.  PWD Gregory explained that his own interpretation of this request was that a shelter of this type is not an allowable use according to the River Oaks Zoning Ordinance and that Public Hearings would be required in order to seek amendments for use.  Council Member Adkison suggested that an Abused Women’s Shelter was better suited for consideration by the City of Fort Worth.  No further action was taken.

 

ADDITIONAL ITEMS REQUIRING COUNCIL APPROVAL/ACTION:

 

9. CONSIDER APPROVAL OF ANY ACTION AMENDING THE SUBSTANDARD ORDER FOR 1724 HILLSIDE DR

 

PWD Gregory gave a brief overview of events leading to the current Substandard Order in place for 1724 Hillside Drive.  Ownership disputes and Administrative Orders to vacate the property have delayed repair of the structure.  Mary Sabo, current owner since property was recently deeded to her, stated that she had a signed Sales Contract for the home and requested additional time to complete the sale and for new owners to bring the home into compliance with the City’s Code of Ordinances.  PWD Gregory clarified concerns raised by Council Members Adkison and Crews, confirming that up to ninety (90) additional days could be awarded to the property owner but a commencement date must be included.  With no further comments/questions,   

 

Mayor Pro Tem Holland made the following motion:  “I move that the Council Order of April 24, 2007 be amended as follows on the Substandard Building at 1724 Hillside based on evidence presented at the hearing:  1.)  That the conditions set forth in the Building Officials’ 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.)  ORDER that the building be repaired in conformance with the requirements of Section 3.07.004 of the River Oaks Code of Ordinances (2006) as amended or demolished and the debris removed within thirty (30) days and further find that if the building is not repaired within thirty (30) days, that there is no reasonable probability that the building will be repaired within a reasonable period of time if additional time is given.  If the Property Owner chooses to repair rather than demolish the property, the building must be immediately secured to prevent unauthorized entry.  If the building is not repaired within thirty (30) days in full conformance with Section 3.07.004 of the River Oaks Code of Ordinances (2006), the building shall be demolished; and 3.)  That the time limits herein ordered are provided for in accordance with Section 3.07.007 “Order of Building Board of Appeals” and is supported by a plan of action and/or Council ordered time schedule.  Motion seconded by Council Member Crews.  All voted “Aye.”

 

10. CONSIDER APPROVAL OF ANY ACTION REGARDING THE STREET CURB AND GUTTER EXTENSION ON SANSOM CIRCLE

PWD Gregory reminded Council Members that 180-feet of curb and gutter had been previously approved for the east side of Sansom Circle in order to control street drainage that, during previous heavy rains, had caused flooding on the property at 1927 Yale.  While the 180-feet have been installed, an additional 125-feet is needed in order to accomplish drainage control to all properties on Yale that back up to Sansom Circle.  York Concrete has quoted a cost of $3,000 for the project; two (2) additional quotes will be pursued if Council approves the extension project.  The expenditure would be charged to the Drainage Account of which there are available funds. 

 

Mayor Pro Tem Holland moved to approve extending the street curb and gutter on Sansom Circle an additional 125 feet in order to control street drainage.  Motion seconded by Council Member Minter.  All voted “Aye.”

 

11. CONSIDER APPROVAL TO EXPEND UP TO $1,000 FOR ENTERTAINERS AT THE JULY CELEBRATION SCHEDULED FOR JUNE 30, 2007 – AS PRESENTED BY COMMUNITY CENTER DIRECTOR SHIRLEY WHEAT

 

Community Center Director Shirley Wheat informed Council Members that the Castleberry Independent School District (CISD) had officially approved use of Castleberry Elementary School grounds for the 2007 July Celebration.  Entertainment, to include various rides and “jumping areas” for children, and adult entertainment such as an Elvis impersonator, small car show and BBQ Cook-Off contest, has been slated for this year’s Celebration.  Also suggested were identification registration for children and a demonstration by trained Drug Surveillance Dogs.  Council Members inquired about funding for the entertainment; $4,000 had been budgeted at a previous Council Meeting for fireworks with plans to request “reimbursement funding” from the Economic Development Corporation (EDC).  Council Member Dast inquired about providing beverages and recommended a good back-up plan for hydration of the crowd. 

 

Mayor Pro Tem Holland moved to approve expenditure of up to $1,000 for entertainment at the June 30, 2007 “July Celebration.”  Motion seconded by Council Member Crews.  All voted “Aye.”

 

12. BUILDING OFFICIAL UPDATE:  BUILDING PROJECTS LOCATED AT 4803 WHITE OAK, 1116 YALE AND 5060 RIVER OAKS BLVD

 

The following overview was given for the properties listed:  4803 White Oak – The structure was determined to be Substandard on April 9, 2007.  As no contact has been possible with the owner, a Public Hearing is scheduled for June 12, 2007 in accordance with Section 3.07.006 of the River Oaks Code of Ordinances.  1116 Yale – The 60-day permit expired May 9, 2007.  A Public Hearing is also scheduled for June 12, 2007 on this Substandard property.  Mayor Pro Tem Holland inquired about establishing an Ordinance prohibiting moving houses into the City; PWD Gregory explained that such an Ordinance would be forthcoming to the City Council, following completion of the Planning and Zoning Commission’s Workshops and subsequent recommendations.  5060 River Oaks Blvd – Formerly Town Tire, which burned down and was removed from the location, this property has been slated for new construction by the owner.  Plans have been reviewed by Fire Chief Crews and are currently being reviewed by the Building Department.  Once the plans are approved, the owner will be eligible to obtain building permit(s) in order to commence work on the property.  Council Member Adkison requested that construction plans for the location be made available for Council review at the next meeting.  No further action was taken.

CORRESPONDENCE-ANNOUNCEMENTS:

 

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

  1. FIRE DEPARTMENT – APRIL 2007

 

  1. POLICE DEPARTMENT (TO INCLUDE MUNICIPAL COURT ACTIVITY) – APRIL 2007

 

  1. PUBLIC LIBRARY – APRIL 2007

 

  1. PUBLIC WORKS DEPARTMENT [TO INCLUDE CODE COMPLIANCE, PERMITS & INSPECTIONS, SANITATION AND WATER] – APRIL 2007

 

  1. PARK BOARD MINUTES – MARCH 2007

 

Mayor Earwood congratulated and welcomed newly elected Council Members Adkison, Crews and Dast and expressed his anticipation of a productive term.

Council Member Adkison expressed his pleasure at serving on the City Council and looked forward to “a fruitful two years.”  He asked that Council Members and Staff consider the following in upcoming meetings:  utilizing the City’s water tower for telecommunications access, property tax “freeze” for River Oaks’ Senior Citizens and strict Code Compliance for the property at 4833 Ohio Garden.

Mayor Pro Tem Holland stated that he, too, was looking forward to working with this City Council during the next term and suggested a Workshop/Planning Session to bring new Council Members “up to speed.”  CA Ryan will coordinate a date/time for the session.

Council Member Crews stated that he was “glad to be here” and looked forward to working with everyone.

Council Member Dast expressed her pleasure at serving on the City Council.  She thanked those who supported her with their votes and expressed her desire to earn the respect and trust of those who did not.

Fire Chief Crews welcomed new Council Members and reported that April’s Fire Department response time was an average of 4.8 minutes.  He invited Council Members to attend weekly Fire Department meetings.

Police Chief Chisholm reported that the Police Department’s Dispatch positions would soon be fully staffed.

Library Director Earwood had no report other than the one presented in Council Agenda packets.

PWD Gregory reminded Council Members that the water plant transmission main had experienced some recent problems but felt the malfunction(s) were under control.

Park Board Chairman Makarwich, when asked, stated he had nothing to add to the Minutes presented for Council review.  No further action was taken.

 

PUBLIC COMMENTS:

 

14. 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

 

A citizen (unidentified for this record) stated that she could see Marvin Gregory’s position was “key” to the City and asked his Position Title.  Mayor Earwood informed her and audience members that Mr. Gregory serves in the capacity of Public Works Director and complimented his knowledge and expertise in numerous Municipal functions/areas.  No further action was taken.  

 

 

EXECUTIVE SESSION:

 

15. 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:

  1. Section 551.071 Pending or contemplated litigation or to seek advice from attorney
  2. Section 551.072 Discussion regarding possible sale, lease or acquisition of real estate
  3. 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   
  4. Section 551.076 Deliberation regarding security devices

 

No further action was taken.

 

RECONVENE:

 

16. CONSIDER APPROVAL OF ANY ACTION FROM EXECUTIVE SESSION

 

No further action was taken.

 

            ADJOURN:

 

17. ADJOURN

 

Council Member Adkison moved to adjourn the meeting at 8:28 PM.  Motion seconded by Council Member Minter.  All voted “Aye.”

[Reviewed by City Secretary 05/24/2007]

 

APPROVED:

 

                                                                                    ___________________________________

ATTEST:                                                                        Herman Earwood, Mayor

 

____________________________________

Linda A. Ryan, City Secretary




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