Archives
Bi-Monthly: April 2007
MINUTES OF THE REGULAR MEETING
RIVER OAKS CITY COUNCIL
APRIL 10, 2007
MEMBERS PRESENT STAFF PRESENT
MAYOR HERMAN EARWOOD CITY SECRETARY LINDA RYAN
MAYOR PRO TEM STEVE HOLLAND POLICE CHIEF DAN CHISHOLM
COUNCILMEMBER LEONARD WATSON ASST FIRE CHIEF CHRIS HAWKINS
COUNCILMEMBER R R “BOB” MINTER PUBLIC WORKS DIRECTOR MARVIN
COUNCILMEMBER JOANN GORDON GREGORY
CITY ATTORNEY BETSY ELAM LIBRARY DIRECTOR MARY EARWOOD
MEMBERS ABSENT ASST CITY SECRETARY ANGIE HARRIS
COUNCILMEMBER CLINT WILLIAMS
CALL TO ORDER AT 7:00 PM BY MAYOR EARWOOD; QUORUM PRESENT
CANDIDATE CITY COUNCIL PLACE 1, DAN GADDIS, GAVE THE INVOCATION. CANDIDATE CITY COUNCIL PLACE 3, JOE CREWS, LED THE PLEDGES OF ALLEGIANCE TO THE UNITED STATES AND TEXAS FLAGS
READING OF PROCLAMATION(S):
Mayor Earwood Proclaimed April 2007 as Child Abuse Prevention and National Volunteer Month. He expressed appreciation for all River Oaks volunteers and challenged others to volunteer their time for civic service.
APPROVAL OF MINUTES AND BILLS PAYABLE:
1. CONSIDER APPROVAL OF MINUTES OF CITY COUNCIL MEETING APRIL 10, 2007
Mayor Pro Tem Holland moved to approve the City Council Meeting Minutes for April 10, 2007 as presented. Motion seconded by Council Member Watson. All voted “Aye.”
2. CONSIDER APPROVAL OF BILLS PAYABLE FOR PERIOD ENDING APRIL 24, 2007
Council Member Gordon moved to approve payment of bills for period ending April 24, 2007. Motion seconded by Council Member Minter. All voted “Aye.”
PERSONAL APPEARANCES/REQUESTS THAT MAY REQUIRE COUNCIL APPROVAL/ACTION:
3. CONSIDER APPROVAL OF REQUEST BY BILL KIKER OF SUPER SAVE TO ALLOW THE CONTINUED OPERATIONS OF THE SNOW CONE STAND BY THERON KINDIGER IN THE PARKING LOT AT 5116 RIVER OAKS BLVD UNDER A TEMPORARY PERMIT
Theron Kindiger addressed Council with his request to operate the Snow Cone Stand, again utilizing “special needs” students from Castleberry ISD as snow cone servers, as originally approved by Council. Mr. Kindiger assured Council that adult supervision would be available during hours of operation and that every effort would be made to employ “special needs” students from the community. Temporary operation of the Snow Cone Stand was requested for April through September 2007.
Council Member Watson moved to approve the request by Bill Kiker to allow Theron Kindiger to operate a Snow Cone Stand in the parking lot of SuperSave (5116 River Oaks Blvd) on a temporary basis from April through September 2007. Motion seconded by Mayor Pro Tem Holland. All voted “Aye.”
4. CONSIDER APPROVAL TO APPOINT C.R. PARR & ASSOCIATES, P.C. AS CITY AUDITOR FOR MUNICIPAL AUDIT FOR YEAR APRIL 1, 2006 THROUGH MARCH 31, 2007
C.R. “Reggie” Parr expressed his firm’s desire to begin the City’s annual budget audit the first part of May 2007. C.R. Parr and Associates’ engagement letter was presented to Council for approval, with CA Ryan verifying that Audit Fees requested were in line with previous audit charges. Mayor Pro Tem Holland suggested that time needed and fees charged to complete future Fiscal Year audits should decrease, as CA Ryan’s accounting expertise would aid the audit firm in gathering data.
Council Member Gordon moved to appoint C.R. Parr & Associates, P.C. as City Auditor for Municipal Audit for year April 1, 2006 through March 31, 2007. Motion seconded by Council Member Minter. All voted “Aye.”
5. CONSIDER APPROVAL OF A REQUEST BY TIFFANY ABRAM (1124 LONG AVENUE) TO UTILIZE POLICE DEPARTMENT STAFF AND EQUIPMENT IN A LOCAL MOVIE
Christopher Abram, a local Producer/Director of low budget films, requested the use of River Oaks Police Department vehicles and staff during a scene in a new movie he intends to film. PC Chisholm stated that he had no problem with City vehicles being used as long as River Oaks Police Officers were driving them; use of City staff would have to be on a voluntary basis and not on City time. Mr. Abram suggested including the City’s Name in the filming; a “location release form” would be required for legal purposes. A standard contract, as approved by PC Chisholm, will be offered by Mr. Abram, with any costs for Contract and/or Filming to be incurred by Mr. Abram.
Mayor Pro Tem Holland moved to approve a request by Tiffany Abram (Christopher Abram) (1124 Long Avenue) to utilize Police Department Staff and Equipment for a local movie, pending Final recommendation and approval by Police Chief Chisholm. Motion seconded by Council Member Watson. All voted “Aye.”
6. CONSIDER APPROVAL OF A REQUEST BY RUSTY KING, NEW OWNER OF THE SUBSTANDARD PROPERTY AT 1217 OXFORD, TO AMEND COUNCIL ORDERS OF MARCH 27, 2007 TO ALLOW HIM TO REPAIR, INSTEAD OF DEMOLISH, THE PROPERTY
Following the March 27, 2007 City Council Meeting, in which Council Members unanimously voted to proceed with demolition orders for the Substandard Property located at 1217 Oxford, Rusty King purchased the property and began clearing some of the outside debris. Mr. King has owned the adjacent property for twelve (12) years and intended bringing 1217 Oxford into compliance with the City’s Code of Ordinances. He emphasized some of the redeeming value in the property such as steel siding and a shake-shingle roof that is in good repair. Council Members considered how much time would be needed to allow Mr. King to meet the City’s Code requirements and property tax opportunities for the City with a home on the property. Mayor Earwood expressed concern that Mr. King purchased the property immediately following the demolition order.
PWD Gregory recommended that if Council chose to allow Mr. King an opportunity to repair the structure, that the following stipulations be placed on the approval: 1) Issue a 120-day permit; 2) Require payment of a Substandard Fee immediately; 3) Remodeling Permits issued as work proceeds; 4) Progress reports required every thirty (30) days; and 5) Require that work on the property commence within eleven (11) days.
Council Members stressed that much leniency would be allowed to Mr. King if the Demolition Order were rescinded.
Mayor Pro Tem Holland made the following motion: “I move that the City Council find that the Building(s) located at 1217 Oxford Street based on evidence presented at the Public Hearing of March 27, 2007 hearing, is Substandard and that the Demolition Order of March 27, 2007 be amended by rescinding the Demolition Order and thereby give the owner of record the opportunity to repair the substandard structure within 120-days and further find that if the building is not repaired within 120-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 120 days in full conformance with Section 3.07.004 of the River Oaks Code of Ordinances (2006) as amended, the building shall be demolished.” Motion also included requiring the Property Owner to report progress to PWD Gregory every thirty (30) days, with PWD Gregory updating Council as he deems necessary. Motion seconded by Council Member Gordon. All voted “Aye.”
7. CONSIDER APPROVAL OF ANY ACTION RELATED TO THE KWIK WASH BUSINESS, A SUBSTANDARD BUILDING LOCATED AT 4833 RIVER OAKS BLVD (AS REQUESTED BY MIKE WESTER)
Following a recent fire on the premises of the Kwik Wash business, PWD Gregory reported that he and Building Inspector Waits had met with the tenants of the property and explained that the building is substandard. The building must be brought into compliance with the City’s current Code of Ordinances. PWD Gregory is awaiting a letter from the Property Owner allowing the required permits to be issued; if no communication is received from the owner, Public Hearings and City Council Action will be required. Business at the property is discontinued pending further action. No further action was taken.
ITEMS REQUIRING COUNCIL APPROVAL/ACTION:
8. CONSIDER APPROVAL OF RESOLUTION NO. 613-07 SUPPORTING TARRANT APPRAISAL DISTRICT’S REQUEST THAT THE TEXAS LEGISLATURE ADOPT FAIR, EQUITABLE AND MANDATORY REAL PROPERTY VALUATION AND TAXATION DISCLOSURE PRACTICES
CA Ryan explained that this Resolution supports disclosure of Real Estate Sales Amounts. Council Members did not feel enough information was available to approve the Resolution. No further action was taken.
9. CONSIDER APPROVAL OF FINAL CONTRACT WITH TARRANT COUNTY FOR JOINT ELECTION PROCEDURES AND SERVICES IN THE MAY 2007 GENERAL ELECTION
CA Ryan reported that this is the Final Contract with Tarrant County, as forwarded to the Justice Department, and includes Election costs and Early Voting Polling Places.
Council Member Gordon moved to approve the final contract with Tarrant County, outlining procedures and services for the May 2007 Joint General Election. Motion seconded by Council Member Watson. All voted “Aye.”
10. CONSIDER APPROVAL TO ALLOW THE CITY TO HOST AN ELECTION FORUM AT THE COMMUNITY CENTER AND ESTABLISH DATE(S)
Mayor Pro Tem Holland stated that he had requested this Agenda Item to ensure that a “level playing field” for all candidates was established. PC Chisholm has some experience with Election Forums, having assisted Westworth Village with theirs. Council Members tasked PC Chisholm with formulating Rules Governing an Election Forum and with finding a neutral Moderator to officiate. Staff will prepare a notice for the River Oaks News to be published in the April 19 and April 26, 2007 editions and will contact all Election Candidates immediately with notification of Election Forum date and time; Rules Governing the Forum to be forwarded to all Candidates when finalized.
Mayor Pro Tem Holland moved to allow the City to host an Election Forum at the Community Center on April 28, 2007, from 6:30 to 8:30 PM, with all Candidates to be notified in writing as soon as possible and Rules for the Forum to be forwarded to all Candidates when finalized. Motion seconded by Council Member Gordon. All voted “Aye.”
11. CONSIDER APPROVAL OF ORDINANCE NO. 755-07 GRANTING TO TXU ELECTRIC DELIVERY COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC POWER FRANCHISE TO USE THE PRESENT AND FUTURE STREETS, ALLEYS, HIGHWAYS AND RIGHTS-OF WAY OF RIVER OAKS, PROVIDING TERMS AND EFFECTIVE DATE
Mayor Earwood passed on this Agenda Item. Not all information has been finalized for Approval or Denial of this Request. No further action was taken.
12. CONSIDER APPROVAL TO ACCEPT 2007 CONSUMER PRICE INDEX (CPI) ADJUSTMENT TO MUNICIPAL TELECOMMUNICATIONS RIGHT-OF-WAY ACCESS LINE RATES
CA Ryan stated that the Public Utility Commission (PUC) had determined the CPI rate and recommended that the Council allow the increase and take no action on this Agenda Item. No further action was taken.
13. CONSIDER APPROVAL OF FIRE DEPARTMENT’S REVISED DIRECTIVES
Assistant Fire Chief Hawkins understood that the City was ready to proceed with approval of the revised Fire Department Directives. He recommended approval so that the Department’s Officers would have governing authority over the Volunteer Firefighters. City Attorney Elam was unsure if her office had completed review of the Directives but stated that if Council approved them now, amendments could be made at a later date if necessary.
Council Member Gordon moved to approve the Revised Directives of the River Oaks Volunteer Fire Department. Motion seconded by Council Member Watson. All voted “Aye.”
14. CONSIDER APPROVAL OF PUBLIC WORKS DIRECTOR’S REQUEST FOR DRAINAGE IMPROVEMENTS ON THE COMMUNITY CENTER PROPERTY (5300 BLACKSTONE)
PWD Gregory reported that during the recent heavy rains, storm water on the parking lot of the Community Center drains toward the northwest corner of the front yard and bottlenecks there. Installation of an underground pipe should relieve the surface drainage problem; approximate cost for the project would be $2,500, not anticipated in the preparation of the 2007-2008 Fiscal Year budget.
Mayor Pro Tem Holland moved to approve PWD Gregory’s request to Improve Drainage at the Community Center. Motion seconded by Council Member Minter. All voted “Aye.”
15. CONSIDER APPROVAL OF PUBLIC WORKS DIRECTOR’S REQUEST FOR CURB AND GUTTER IMPROVEMENTS ON SANSOM CIRCLE
The area being considered for a three (3) phase improvement project is from Heritage Park to the Pump Station. PWD Gregory expressed concerns about the City’s liability if the curb and gutter are not improved.
Mayor Pro Tem Holland moved to approve PWD Gregory’s request to begin the first phase (180 feet) of Improvements to Curbs and Gutters on Sansom Circle. Motion seconded by Council Member Gordon. All voted “Aye.”
16. CONSIDER APPROVAL OF WATER LINE IMPROVEMENTS BY GRA-TEX UTILITIES IN THE 700 & 800 BLOCKS OF MERRITT STREET
Recent replacement of water lines on White Oak has caused increased water volumes on Merritt Street. In addition, the main line on Merritt Street has large iron deposits, which are causing discoloration of, and a metallic taste in the water. Estimated time for the City crews to replace the main line is approximately sixty (60) days; Gra-Tex Utilities can have the project completed within two (2) weeks. To expedite completion of the water line replacement, PWD Gregory recommended approval of Gra-Tex Utilities’ proposal for the work at a cost of $29,106. Council Member Watson requested and gained PWD Gregory’s assurance that any lawn damage caused by the project would be repaired.
Council Member Gordon moved to approve Water Line Improvements in the 700 & 800 Blocks of Merritt by Gra-Tex Utilities, this project qualifying as a necessity due to unforeseen damage associated with the water system. Motion seconded by Council Member Minter. All voted “Aye.”
17. CONSIDER APPROVAL OF BID FOR PROFESSIONAL FERTILIZATION AND WEED CONTROL SERVICES
CA Ryan stated that she was asked to put this Item on the Agenda. Only one (1) bid had been received for these services. Council Members felt the bid was too high. Council Member Gordon, a member of, and on behalf of, the River Oaks Garden Club, requested that compost be placed at Heritage Park; the Club will have a group of youth spread the compost where needed.
Mayor Earwood said he had discussed utilizing present staff with PWD Gregory, who concurred that training and licensing the Parks Department employee would be beneficial to the City. No further action was taken.
18. CONSIDER APPROVAL OF MAYOR’S REQUEST TO PURCHASE TEN TABLES, AT A COST OF $150, TO THE NAVAL AIR STATION CARSWELL JOINT RESERVE BASE’S SPRING BANQUET (MAY 20, 2007 AT 6:30 PM) FOR THE PURPOSE OF ENCOURAGING CITY COUNCIL REPRESENTATION
This Agenda Item was stated incorrectly: should have been for one (1) table, ten (10) tickets for the Chamber of Commerce Spring Banquet, to be held at the Naval Air Station Carswell Joint Reserve Base, May 10, 2007.
Mayor Pro Tem Holland moved to approve the Mayor’s Request to purchase ten tickets at a total cost of $150 for the Chamber of Commerce Spring Banquet to be held on May 10th at the NAS/JRB. Motion seconded by Council Member Gordon. All voted “Aye.”
19. STAFF REPORT: STAFF SEEKS DIRECTION ON PURCHASE OF BANNERS FOR THE BOULEVARD
CA Ryan asked for more detailed direction from Council for the purchase of Banners for the Boulevard. Council’s recommendation was for narrower banners, more able to withstand high winds. Banners with the City’s logo might be included in Staff’s recommendation to Council. No further action was taken.
CORRESPONDENCE-ANNOUNCEMENTS:
20. MAYOR, CITY COUNCIL AND/OR DEPARTMENT HEADS MAY MAKE ANNOUNCEMENTS AND PRESENT CORRESPONDENCE AT THIS TIME. STAFF REPORTS (PRESENTED TO COUNCIL AS CORRESPONDENCE – STAFF AVAILABLE FOR DISCUSSION/QUESTIONS)
Council Member Gordon requested information from PWD Gregory about the permit status of a house on Inspiration Lane; the owners wanted to install an outdoor “cabana.” PWD Gregory had not heard any more from the owners but will verify the active/expiration status of the permit.
Mayor Earwood and Council Members discussed concerns about a property on Ohio Garden that has an exposed area on one end of the house. PWD Gregory will verify status of building permit(s).
Mayor Pro Tem Holland asked PWD Gregory to drive by the property at Merritt and Almena to see if the fence materials used are compliant with the City’s Code of Ordinances. 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
Wayne Butler requested that the owner of the boat parked on the “Goodyear” business property be approached about moving it.
JoAnn Butler announced that she had C.C.D.A.C. tickets for sale (Annual C.C.D.A.C. dinner scheduled for Thursday, April 19, 2007).
Hub Makarwich asked about the status of permit(s) for the Ken Tucker building; PWD Gregory stated that permit(s) are expired.
Council Members expressed concern that the City needs more adequate/timely follow-up for Code Compliance and applicable permits. CA Ryan assured Council that with the transfer of the Permit Clerk function to the Utility Billing Department and with the introduction of new Permit Software, Certificates of Occupancy (CO) and Building Permits would become more streamlined and up-to-date. 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:
- 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 – Annual Review of Department Heads.
- Section 551.076 Deliberation regarding security devices
Mayor Earwood convened an Executive Session at 9:14 PM pursuant to Texas Government Code 551.074 to discuss Personnel Matters. No further action was taken.
RECONVENE:
23. CONSIDER APPROVAL OF ANY ACTION FROM EXECUTIVE SESSION
Mayor Earwood reconvened in Regular Session at 10:28 PM.
Mayor Pro Tem Holland moved to approve a $3,500 annual salary increase for City Administrator Ryan, Police Chief Chisholm, Public Works Director Gregory and Library Director Earwood. Motion seconded by Council Member Gordon. All voted “Aye.”
ADJOURN:
24. ADJOURN
Mayor Pro Tem Holland moved to adjourn the meeting at 10:30 PM. Motion seconded by Council Member Gordon. All voted “Aye.”
[Reviewed by City Secretary 04/19/2007]
APPROVED:
___________________________________
ATTEST: Herman Earwood, Mayor
____________________________________
Linda A. Ryan, City Secretary
_____________________________________________________________________________
MINUTES OF THE REGULAR MEETING
RIVER OAKS CITY COUNCIL
APRIL 24, 2007
MEMBERS PRESENT STAFF PRESENT
MAYOR HERMAN EARWOOD CITY SECRETARY LINDA RYAN
MAYOR PRO TEM STEVE HOLLAND POLICE CHIEF DAN CHISHOLM
COUNCILMEMBER CLINT WILLIAMS ASST FIRE CHIEF CHRIS HAWKINS
COUNCILMEMBER LEONARD WATSON PUBLIC WORKS DIRECTOR MARVIN
COUNCILMEMBER R R “BOB” MINTER GREGORY
COUNCILMEMBER JOANN GORDON LIBRARY DIRECTOR MARY EARWOOD
CITY ATTORNEY BETSY ELAM ASST CITY SECRETARY ANGIE HARRIS
CALL TO ORDER AT 7:05 PM BY MAYOR EARWOOD; QUORUM PRESENT
CANDIDATE CITY COUNCIL PLACE 3, JOE CREWS, GAVE THE INVOCATION. CANDIDATE CITY COUNCIL PLACE 1, DAN GADDIS, 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 APRIL 10, 2007
Mayor Pro Tem Holland moved to approve the City Council Meeting Minutes for April 10, 2007 as presented. Motion seconded by Council Member Watson. All voted “Aye.”
2. CONSIDER APPROVAL OF BILLS PAYABLE FOR PERIOD ENDING APRIL 24, 2007
Mayor Pro Tem Holland inquired about the payment to Suburban News. CA Ryan informed Council that mandated Election Notices, Legal Notices from the Public Works Department and Notice of Bid Opening for Employee Health Insurance were included in the higher than usual payment.
Council Member Watson moved to approve payment of bills for period ending April 24, 2007. Motion seconded by Council Member Minter. All voted “Aye.”
PERSONAL APPEARANCES/REQUESTS THAT MAY REQUIRE COUNCIL APPROVAL/ACTION:
3. CONSIDER APPROVAL OF A REQUEST BY RUSTY KING TO ALLOW THE RIVER OAKS VOLUNTEER FIRE DEPARTMENT TO DEMOLISH THE SUBSTANDARD STRUCTURE LOCATED AT 1217 OXFORD
Rusty King, new owner of the Substandard property at 1217 Oxford, was granted a 120-day timeframe to bring the property into compliance with the City’s Code of Ordinances. Mr. King has since realized that the time granted will not allow him to complete all of the work needed on the property and has discussed allowing the River Oaks Volunteer Fire Department a training opportunity to demolish the house instead. PWD Gregory expressed concern that a Demolition Order is outstanding on the property (following the 120-day time granted for repairs) and stressed that an Affidavit of Release should be signed by Mr. King prior to demolishing the structure. CA Elam stated that other cities have entered into agreements with property owners on “like” situations, whereby they waive their rights under the City’s Substandard Ordinance. If the owner is agreeable to entering into an agreement that would protect the City from liability, the Demolition Order would not have to be rescinded. FC Crews assured Council of prompt action if they approve the Fire Department’s demolition-for-training activity.
Council Member Williams moved to authorize the Mayor to enter into a Liability Release Agreement with and approve the request by Rusty King to allow the substandard property located at 1217 Oxford, recently purchased by him, to be demolished by the River Oaks Volunteer Fire Department as a training activity. Motion seconded by Council Member Minter. All voted “Aye.”
4. CONSIDER APPROVAL OF A REQUEST BY DAVE KIRK OF T-MOBILE TO ERECT A 90-FOOT TELECOMMUNICATIONS TOWER ON THE COMMERCIAL PROPERTY LOCATED AT 1917 ROBERTS CUT OFF RD
Mayor Earwood requested that this Agenda Item be tabled at this time. No further action was taken.
ITEMS REQUIRING COUNCIL APPROVAL/ACTION:
5. CONSIDER APPROVAL OF CRIME CONTROL AND PREVENTION DISTRICT’S FOURTH QUARTERLY REPORT FOR QUARTER ENDING MARCH 31, 2007
Crime Control and Prevention District President Steve Holland presented the following 4th quarter report for quarter ending March 31, 2007: Prior quarter ending balance of $92,449.69, combined with 4th quarter revenues of $28,344.21 and expenditures of $18,374.43, yielded an ending 4th quarter ending balance of $102,419.47.
Mayor Pro Tem Holland moved to approve the Crime Control and Prevention District’s Fourth Quarter Report for period ending March 31, 2007. Motion seconded by Council Member Watson. All voted “Aye.”
6. CONSIDER APPROVAL OF ECONOMIC DEVELOPMENT CORPORATION’S (EDC) FOURTH QUARTERLY REPORT FOR QUARTER ENDING MARCH 31, 2007
EDC President JoAnn Gordon presented the following 4th quarter report for quarter ending March 31, 2007: Prior quarter ending balance of $149,335.33, combined with 4th quarter revenues of $34,545.66 and expenditures of $153,242.84, yielded an ending 4th quarter ending balance of $30,638.15.
Council Member Gordon moved to approve the Economic Development Corporation’s (EDC) Fourth Quarter Report for period ending March 31, 2007. Motion seconded by Council Member Watson. All voted “Aye.”
7. CONSIDER APPROVAL TO EXPEND UP TO $4,000 FOR FIREWORKS FOR THE JULY CELEBRATION SCHEDULED FOR SATURDAY, JUNE 30, 2007
Mayor Earwood reported that the Sponsor of last year’s fireworks for the 4th of July Celebration has declined to fund and sponsor the 2007 fireworks. Mayor Earwood requested that the City Council approve ordering and funding the fireworks for the June 30th Celebration in anticipation of recovering the funds from the Economic Development Corporation (EDC) or another Sponsor.
Council Member Williams moved to approve expending up to $4,000 for fireworks for the scheduled June 30, 2007 “July Celebration”. Motion seconded by Council Member Watson. All voted “Aye.”
PUBLIC HEARINGS:
8. PUBLIC HEARING: SUBSTANDARD PROPERTY LOCATED AT 1724 HILLSIDE
Mayor Earwood opened the Public Hearing at 7:23 PM. PWD Gregory showed photos to Mayor Earwood and City Council Members of the substandard condition of the home located at 1724 Hillside. He stated that ongoing litigation for the ownership of this property (current owner listed as Jonny Franklin, not in attendance at this meeting) and removal of the current resident (Roger Veatch, in attendance at this meeting) has stalled the proceedings of this case. In addition to the physical evidence presented, PWD Gregory stated that “theft of utility services violations” existed at the residence with a “jumper” to the water line (previously disconnected) and “hazardous electrical violations” for previously disconnected electrical utilities. He said there was evidence that people had been living in the attic of the home. PWD Gregory stated that his opinion, as the City’s Building Official, was that “the substandard violations at the residence existed to the extent that the life, health, and safety of the public or any occupants is endangered and therefore recommended that the structure be ordered vacated and secured immediately.”
Mary Veatch (prior owner, in attendance at this meeting), stated that she would like the opportunity to have the structure brought into compliance with the City’s Code of Ordinances. Mr. Veatch addressed Council with denials that the property was in disrepair and that “theft of utility services” had occurred. Mr. Veatch became verbally upset to the extent that Mayor Earwood called him and other audience members involved in the discussion/verbal altercation to order. Mary Sabo (granddaughter to Mary Veatch, in attendance at this meeting), stated that an agreement had been reached to deed the property to her. She requested an opportunity to enter the residence and, with the assistance of the Building Official, determine whether compliance could be met and establish a plan of action. Mayor Earwood closed the Public Hearing at 7:40 PM.
9. ACTION FROM PUBLIC HEARING: CONSIDER APPROVAL OF ANY ACTION REGARDING THE SUBSTANDARD STRUCTURE LOCATED AT 1724 HILLSIDE
Council Member Williams made the following motion: “I move that the City Council find that the Building(s) located at 1724 Hillside 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 property be ordered vacated and the occupants, if any, relocated within 3 days and charge the cost to the property; and 3.) 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 and…If the Property Owner chooses to repair rather than demolish the property, the building must be immediately secured to prevent unauthorized entry.” [Ms. Sabo stated that she could have the property secured. Once she has had an opportunity to enter the residence, and if she chooses to attempt repair of the structure, she will present a Plan of Action to Building Official Gregory, who will keep the Council informed of proceedings]. “If the building is not repaired within (time established by Plan of Action and Building Official) in full conformance with Section 3.07.004 of the River Oaks Code of Ordinances (2006), the building shall be demolished.” Motion seconded by Mayor Pro Tem Holland. All voted “Aye.”
10. STAFF REPORT: POLL MAYOR AND COUNCIL MEMBERS TO DETERMINE ATTENDANCE AT THE UPCOMING CHAMBER OF COMMERCE SPRING BANQUET, SCHEDULED FOR THURDAY, MAY 10, 2007 AT 6:30 PM – NAVAL AIR STATION CARSWELL JOINT RESERVE BASE
Council Members Minter and Gordon stated that they and their spouses would be in attendance.
No further action was taken.
CORRESPONDENCE-ANNOUNCEMENTS:
11. MAYOR, CITY COUNCIL AND/OR DEPARTMENT HEADS MAY MAKE ANNOUNCEMENTS AND PRESENT CORRESPONDENCE AT THIS TIME. STAFF REPORTS (PRESENTED TO COUNCIL AS CORRESPONDENCE – STAFF AVAILABLE FOR DISCUSSION/QUESTIONS):
- FIRE DEPARTMENT – MARCH 2007
- POLICE DEPARTMENT (TO INCLUDE MUNICIPAL COURT ACTIVITY) – MARCH 2007
- PUBLIC LIBRARY – MARCH 2007
- PUBLIC WORKS DEPARTMENT [TO INCLUDE CODE COMPLIANCE, PERMITS & INSPECTIONS, SANITATION AND WATER] – MARCH 2007
- PARK BOARD MINUTES – NOT AVAILABLE FOR THIS AGENDA
Council Member Gordon expressed her appreciation, as she did during the EDC Meeting held earlier, to the River Oaks Garden Club, especially Lori Watson and Lori’s mother Patty, for their dedication and hard work at Heritage Park. She applauded the hard work of Volunteers who make River Oaks such an “incredible place to live.”
Police Chief Chisholm invited Mayor, Council Members, Staff and Audience Members to his family’s Annual Party in Proctor, Texas on May 20th.
Fire Chief Crews stated that the Annual Bar-B-Que with the Fire and Police Departments would be revived on May 26th and invited everyone to attend.
Mayor Pro Tem Holland requested/received information on the following items:
McGee Park - Recent rains have delayed progress on field preparation; fields will not be ready for the Summer playing session
Tree Situation on Inspiration Lane - Mayor Earwood, given discretion at a prior Council meeting to coordinate Mr. Blair’s planting of trees as reparation for illegally cutting trees on City-owned property, stated that trees should not be planted this time of year; the trees will be planted as seasonally appropriate
Gas Station on River Oaks Blvd. - Mayor Earwood agreed that the area must be cleaned up. Mayor Pro Tem Holland felt the “stakes need to be raised” and that Code Compliance become more stringent in its pursuit of compliance for that property
Property on Ohio Garden - PWD Gregory informed Council that prior documentation/permits in the file had become outdated and scattered and that every effort was being made to enforce Permit Requirements and compliance by the Property Owner. No further action was taken.
PUBLIC COMMENTS:
12. 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
No further action was taken.
EXECUTIVE SESSION:
13. 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:
14. CONSIDER APPROVAL OF ANY ACTION FROM EXECUTIVE SESSION
No further action was taken.
ADJOURN:
15. ADJOURN
Council Member Williams moved to adjourn the meeting at 7:56 PM. Motion seconded by Council Member Watson. All voted “Aye.”
APPROVED:
ATTEST:
_______________________________
_____________________________ Herman Earwood, Mayor
Linda A. Ryan, City Secretary
[Reviewed by City Secretary 05/03/2007]
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