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Bi-Monthly: March 2007
MINUTES OF THE REGULAR MEETING
RIVER OAKS CITY COUNCIL
MARCH 13, 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 LIBRARY DIRECTOR MARY EARWOOD
COUNCILMEMBER R R “BOB” MINTER (AMENDED AT 03/27/2007 MEETING)
COUNCILMEMBER JOANN GORDON ASST CITY SECRETARY ANGIE HARRIS
CITY ATTORNEY BETSY ELAM
CALL TO ORDER AT 7:00 PM BY MAYOR EARWOOD; QUORUM PRESENT
FIRE CHIEF BILL CREWS GAVE THE INVOCATION. ASSISTANT FIRE CHIEF CHRIS HAWKINS 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 FEBRUARY 27, 2007
Council Member Minter moved to approve the City Council Meeting Minutes for February 27, 2007 as presented. Motion seconded by Council Member Watson. All voted “Aye.”
2. CONSIDER APPROVAL OF BILLS PAYABLE FOR PERIOD ENDING MARCH 13, 2007
Council Member Gordon moved to approve payment of bills for period ending March 13, 2007. Motion seconded by Council Member Williams. All voted “Aye.”
READING OF PROCLAMATION (IF APPLICABLE):
3. READING OF PROCLAMATION TO DECLARE APRIL 2007 CLEAN UP MONTH AND APRIL 28, 2007 ANNUAL CLEAN UP DAY IN RIVER OAKS
Mayor Earwood read the Proclamation and encouraged all River Oaks residents to utilize the Month of April to “Spring Clean” and help beautify their Community. No further action was taken.
PERSONAL APPEARANCES/REQUESTS THAT MAY REQUIRE COUNCIL APPROVAL/ACTION
4. INTRODUCTION BY CITY AUDITOR MALCOM WETSEL OF C.R. PARR AND ASSOCIATES
City Auditor, Malcom Wetsel, announced that he is officially retiring from Municipal Auditing after thirty nine (39) years with the City of River Oaks. He will maintain his accounting business but will no longer manage the annual audit for the City. Mr. Wetsel introduced C.R. “Reggie” Parr to Mayor Earwood and Council Members, an accountant who will be conducting the audit of the 2006-2007 Fiscal Year Budget with Mr. Wetsel’s guidance. This arrangement seemed the least disruptive to the audit process and Mr. Wetsel assured Council that he would remain in an advisory role throughout the audit. Mr. Wetsel expressed his deep feelings for the City of River Oaks and his difficulty in reaching the decision to retire from municipal auditing. Mayor Earwood and Council Members agreed to follow Mr. Wetsel’s recommendation to have Mr. Parr’s firm conduct the audit and thanked him for his years of loyal service to the City and Staff. No further action was taken.
ITEMS REQUIRING COUNCIL APPROVAL/ACTION:
5. CONSIDER APPROVAL OF RESOLUTION NO. 612-07 AUTHORIZING ECONOMIC DEVELOPMENT CORPORATION (EDC) EXPENDITURES FROM THE 2007-2008 FISCAL YEAR BUDGET AS QUALIFIED FOR PROJECTS MORE THAN $10,000 AND PROVIDING AN EFFECTIVE DATE (FIRST READING)
EDC President JoAnn Gordon reported that the Economic Development Corporation had met immediately prior to this Council Meeting to discuss 2007-2008 Fiscal Year Expenditures. Discussed and agreed at the meeting were plans to install a lighted marquee sign at Coates Park, similar but smaller in design to the one at the River Oaks Community Center. Council Members discussed using an electronic sign but felt that an expenditure of almost $40,000 was excessive. Continued work on McGee Park and an increase of $5,000 to the Banners line item was agreed upon. EDC President Gordon requested that Council approve the First Reading of the Resolution authorizing EDC expenditures for 2007-2008.
Council Member Williams moved to approve Resolution No. 612-07 authorizing Economic Development Corporation (EDC) Expenditures from the 2007-2008 Fiscal Year Budget as qualified for projects more than $10,000 and providing an effective date (First Reading). Motion seconded by Council Member Watson. All voted “Aye.”
6. CONSIDER APPROVAL TO CALL A PUBLIC HEARING ON THE PROPOSED 2007-2008 ANNUAL OPERATING BUDGETS, TUESDAY, MARCH 27, 2007 AT 7:00 PM
Council Member Gordon moved to call a Public Hearing on the Proposed 2007-2008 Annual Operating Budgets, Tuesday, March 27, 2007 at 7:00 PM. Motion seconded by Council Member Watson. All voted “Aye.”
7. CONSIDER APPROVAL OF A REQUEST BY RIVER OAKS CITY ATTORNEY FIRM OF TAYLOR, OLSON, ADKINS, STRALLA AND ELAM, L.L.P. TO SUPPORT THEM IN PARTICIPATION IN THE ADULT BUSINESS STUDY STEERING COMMITTEE, COMMISSIONED TO STUDY THE HARMFUL SECONDARY EFFECTS OF RETAIL-ONLY SEXUALLY ORIENTED BUSINESSES; CONTRIBUTION REQUEST FOR SUPPORT OF THIS EFFORT IS $0.03 PER CAPITA
Currently, the City of River Oaks’ Zoning Laws would not preclude a sexually-oriented business from operating in the City. The proposed Adult Business Steering Committee Study will seek to prove that allowing the sale of pornography and sexually explicit material has a harmful effect on Communities. Proof of harm or secondary effects, such as prostitution, increased illegal drug use and violence, is required in order to prohibit such businesses.
Mayor Pro Tem Holland moved to approve a Contribution of $0.03 per capita, supporting the City’s Legal Firm’s participation in a Study Regarding the Harmful Effects of Retail-Only Sexually Oriented Businesses. Motion seconded by Council Member Williams. All voted “Aye.”
8. CONSIDER APPROVAL OF ORDINANCE NO. 747-07 PROVIDING FOR THE ESTABLISHMENT OF FIRE OPERATIONS SERVICE FEES AND PROVISION FOR THE COLLECTION AND UTILIZATION OF REVENUES FROM SUCH FEES
Mayor Earwood passed on this Agenda Item. Not all information was provided for Approval or Denial of this Request. Fire Chief Crews will return with additional information. No further action was taken.
9. CONSIDER APPROVAL OF FIRE DEPARTMENT’S REVISED DIRECTIVES
The River Oaks Fire Department was tasked with Updating their Directives prior to Fire Chief Crews’ assumption of duties. He presented Directives which replace antiquated By-Laws dating back to 1953. The City Attorney’s Office is still reviewing these Directives. While Council agreed in theory that approval was necessary for the Fire Chief and Officers to govern the Department, further review was needed before final approval. This Agenda Item referred to a future meeting. No further action was taken.
10. CONSIDER APPROVAL OF FIRE CHIEF CREWS’ RECOMMENDATION TO PURCHASE THE PROPERTY LOCATED AT 1158 GLENWICK DRIVE FOR USE BY THE RIVER OAKS VOLUNTEER FIREFIGHTERS
Fire Chief Crews explained the need for a location to house Firefighters who remain at the station in case of emergency call-out. The current bunkroom at the Fire Department is virtually unusable as it has been “pieced together” over time and is not conducive to a necessary rest area for firefighters. Mayor Earwood suggested use of the house formerly used by the D.A.R.E. Project as a bunkroom. Fire Chief Crews then withdrew the request to purchase 1158 Glenwick, suggesting that funds be allowed to furnish the house behind City Hall instead. No further action was taken.
11. CONSIDER APPROVAL TO GO OUT FOR BIDS ON SEWER PIPEBURSTING PROJECT IN ACCORDANCE WITH THE SANITARY SEWER OVERLFOW INITIATIVE AGREEMENT FOR 2006 WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ)
PWD Gregory, absent due to the recent death of his brother, had presented this item to Council for approval. His request was in line with prior requests and Mayor Earwood asked that Council approve the bid process.
Council Member Gordon moved to approve a Bid Process on the Sewer Pipebursting Project in Accordance with the Sanitary Sewer Overflow Initiative (SSO) Agreement for 2006 with the Texas Commission on Environmental Quality (TCEQ). Motion seconded by Council Member Williams. All voted “Aye.”
12. CONSIDER APPROVAL OF ORDINANCE NO. 748-07 AMENDING ARTICLE 3.07 “MINIMUM URBAN BUILDING STANDARDS” INCORPORATING PROVISIONS FOR INSPECTIONS OF BUILDINGS WHEN VACATED AND ANNUAL INSPECTIONS OF CERTAIN BUILDINGS
City Attorney Elam’s Office worked with PWD Gregory in drafting this Ordinance, bringing the City into compliance with Federal rulings: 1) Authorizing issuance of an Administrative Search Warrant if entrance for inspection purposes into a residence is denied by the occupant; 2) Setting standards/restrictions for the “turn off” of utilities.
Council Member Gordon moved to approve Ordinance No. 748-07 amending Article 3.07 “Minimum Urban Building Standards” incorporating Provisions for Inspections of Buildings when vacated and Annual Inspections of Certain Buildings. Motion seconded by Council Member Williams. All voted “Aye.”
13. CONSIDER APPROVAL OF ORDINANCE NO. 749-07 AUTHORIZING THE MAYOR TO EXECUTE A GENERAL WARRANTY DEED TO MARINA S. NUNEZ AS THE HIGHEST BIDDER FOR THE SALE OF 4413 ALMENA; PURSUANT TO THE SEALED BID OPENING OF MARCH 2, 2007
Mayor Earwood reported that Sealed Bids were received in the City Administrator’s Office for the City-owned property located at 4413 Almena. When bids were opened on Friday, March 2, 2007 at 10:00 AM, Marina S. Nunez’ bid of $15,500 was the highest recorded. The City acquired the property when the Bank holding the lien, transferred the property to the City. Mayor Pro Tem suggested that the City seek other properties that might be acquired in the same manner.
Council Member Williams moved to approve Ordinance No. 749-07 authorizing the Mayor to Execute a General Warranty Deed to Marina S. Nunez as the Highest Bidder for the sale of 4413 Almena. Motion seconded by Council Member Watson. All voted “Aye.”
14. CONSIDER APPROVAL OF ORDINANCE NO. 750-07 ADOPTING THE 2005 EDITION OF THE NATIONAL ELECTRIC CODE AS REVISED
PWD Gregory had presented this Ordinance to Council; adoption will bring the City into current compliance.
Council Member Gordon moved to approve Ordinance No. 750-07 adopting the 2005 Edition of the National Electric Code as Revised. an Ordinance of the City of River Oaks, Texas adopting the 2005 Edition of the National Electrical Code, as Revised; providing for the adoption of local amendments thereto; repealing conflicting Ordinances; providing that this Ordinance shall be cumulative of all Ordinances; providing a severability clause; providing for a penalty for violations hereof; providing a savings clause; providing for publication; and providing an effective date. PENALTY CLAUSE: Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and publication as provided by law, and it is so ordained. Motion seconded by Council Member Minter. All voted “Aye.”
15. CONSIDER APPROVAL OF ORDINANCE NO. 751-07 ADOPTING THE 2003 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE AS REVISED
Approval of this Ordinance will also make the City’s compliance with International Code current.
Council Member Gordon moved to approve Ordinance No. 751-07 adopting the 2003 Edition of the International Energy Conservation Code as Revised. an Ordinance of the City of River Oaks, Texas adopting the 2003 Edition of the International Energy Conservation Code, as Revised; providing for the adoption of local amendments thereto; repealing conflicting Ordinances; providing that this Ordinance shall be cumulative of all Ordinances; providing a severability clause; providing for a penalty for violations hereof; providing a savings clause; providing for publication; and providing an effective date. PENALTY CLAUSE: Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations of this Ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and publication as provided by law, and it is so ordained. Motion seconded by Council Member Watson. All voted “Aye.”
CORRESPONDENCE-ANNOUNCEMENTS:
16. 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 Chief Crews reported the Fire Department’s receipt of a check for $23,810, a Grant Awarded from the Fireman’s Fund Insurance Company. The Department was recommended for the Grant by Fireman’s Fund Client Service Consultant, Shellie Filkins, a “hometown girl” originally from River Oaks, who nominated the River Oaks Fire Department as a way of “giving back” to the Community in which she grew up. The funds will be used to purchase fire hoses.
FC Crews presented Mayor and Council Members with a Tarrant County Emergency Management Severe Weather Awareness Packet.
Police Chief Chisholm reported that the March 10th Warrant Round Up had been very successful, with approximately seventy (70) warrants cleared and $9,000 paid; no arrests were necessary.
PC Chisholm commended Officer Jason Bell on his “above and beyond the call of duty” assistance in contacting resident Harry Miller about an unattended fire in his back yard. Officer Bell noticed the fire when he and his wife were driving by Mr. Miller’s residence on a Sunday afternoon. A written commendation will be placed in Officer Bell’s Personnel File.
Remodeling (new carpet and paint) is almost completed in the Police Department.
Mayor Earwood reported that QuikTrip had made a final decision to decline establishing a new store in River Oaks. Their discomfort with declining conditions north of Hwy 199 and the City’s lack of new development led to the decision to “pull out” of negotiations. No further action was taken.
PUBLIC COMMENTS:
17. 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
Mayor Earwood and Council Members, at Shirley Minter’s inquiry, discussed any assistance that might be offered to PWD Gregory, in his time of sorrow after losing his brother. All present were reminded about the Memorial Service scheduled for Mark Gregory, Saturday, March 17, 2007. No further action was taken.
WORKSHOP:
18. DISCUSS 2007-2008 FISCAL YEAR BUDGET
Mayor Earwood recessed the meeting for a short break and reconvened in a Budget Workshop at 8:10 PM.
[WORKSHOP OVERVIEW PROVIDED BY CITY ADMINISTRATOR RYAN AND INSERTED HERE]
Workshop on 2007-2008 Fiscal Year Proposed Budget: (All council present; Department Heads Ryan, Chisholm, Crews and Earwood and Assistant Fire Chief Chris Hawkins; Citizens Dan Gaddis and Joe Crews).
City Administrator gave overview of the General Fund, Water/Sewer Fund, EDC, and Crime District Proposed Budgets to City Council, Department Heads, and citizens present. She noted that all budgets were in balance with limited capital requested. Very little changes are anticipated in General Fund Revenues with a 4% increase in property taxes budgeted. An 18% increase in Health insurance and 3% merit raise are included in budget. Fire, Police, Street, Park, and Garage Departments are requesting Capital.
Fire Chief Crews explained his needs for additional dollars for fire calls, lease purchase for ice machine rental, five new bay doors, furnishing for the house for the firemen to bunk, helmets, etc. After discussion of Police Department’s capital requests, Police Chief Chisholm was instructed to purchase a portion of his capital in current year budget. Other capital items for Police Department will include CRIME and BADGE software, locking gun racks, CID recording system, and Server. Chief Chisholm will research the cost of the mobile data terminals to be used in the police units and bring a more definite cost analysis back to Council for consideration.
Water and Sewer Budget was discussed briefly. Council agreed that sewer rates should be increased annually when received from the City of Fort Worth so the impact will not be so drastic on the customer. Council instructed staff to adjust rates to coincide with the averaging of the winter month’s consumption.
EXECUTIVE SESSION:
19. 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:
20. CONSIDER APPROVAL OF ANY ACTION FROM EXECUTIVE SESSION
No further action was taken.
ADJOURN:
21. ADJOURN
Council Member Williams moved to adjourn the meeting at 10:05 PM. Motion seconded by Council Member Watson. All voted “Aye.”
[Reviewed by City Secretary 03/23/2007]
APPROVED:
___________________________________
ATTEST: Herman D. Earwood, Mayor
____________________________________
Linda A. Ryan, City Secretary
__________________________________________________________________________
MINUTES OF THE REGULAR MEETING
RIVER OAKS CITY COUNCIL
MARCH 27, 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 R R “BOB” MINTER PUBLIC WORKS DIRECTOR MARVIN
COUNCILMEMBER JOANN GORDON GREGORY
MEMBERS ABSENT PUBLIC WORKS SUPERINTENDENT
COUNCIL MEMBER LEONARD WATSON JAMES HATLEY
CITY ATTORNEY BETSY ELAM ASST CITY SECRETARY ANGIE HARRIS
CALL TO ORDER AT 7:00 PM BY MAYOR EARWOOD; QUORUM PRESENT
WAYNE BUTLER GAVE THE INVOCATION. JOANN BUTLER 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 MARCH 13, 2007
Mayor Earwood requested that Library Director Mary Earwood be added to the “Staff Present” attendance for the March 13th Agenda.
Mayor Pro Tem Holland moved to approve the City Council Meeting Minutes for March 13, 2007 as amended. Motion seconded by Council Member Gordon. All voted “Aye.”
2. CONSIDER APPROVAL OF BILLS PAYABLE FOR PERIOD ENDING March 27, 2007
Mayor Pro Tem Holland asked about “supplies” expenditures which were explained to be for “clay and dirt” at the McGee Park ball fields.
Council Member Williams moved to approve payment of bills for period ending March 27, 2007. Motion seconded by Council Member Minter. All voted “Aye.”
PERSONAL APPEARANCES THAT MAY REQUIRE COUNCIL APPROVAL/ACTION:
3. CONSIDER APPROVAL OF A REQUEST BY DIANA PAGE TO ADJUST A RECENT WATER BILL FOR THE PROPERTY LOCATED AT 500 ROBERTS CUT OFF
Ms. Page not in attendance to make her request. No further action was taken.
4. CONSIDER APPROVAL OF A REQUEST BY GUS PETROFF OF 917 RED OAK LANE TO COMPENSATE HIM FOR DAMAGES TO HIS SEWER LINE
Mr. Petroff not in attendance to make his request. No further action was taken.
5. INTRODUCTION OF ARCHITECT, RICHARD SMITH, TO DISCUSS DEVELOPMENT OF A MASTER GROWTH PLAN FOR THE CITY
Architect Richard Smith, provided a Power Point presentation affirming the City’s need for a Master Development Plan. He noted that River Oaks has made great strides in cleaning up the junk vehicles, in providing excellent City Services and in maintaining neighborhoods that are friendly and welcoming. Mr. Smith pointed at that growth is inevitable and that Citizens of River Oaks have an opportunity to control how the City grows by focusing on the strengths, weaknesses, opportunities and threats that face River Oaks. The City’s financial stability, Public Service Departments (Police, Fire, Code Compliance and Sanitation) and Public Amenities (Community Center and Parks) are major Strengths on which River Oaks can continue to capitalize. Overall, Mr. Smith focused on the Citizens of River Oaks being able to develop their own destiny and encouraged the City Council and Citizens to begin a Master Plan for developing River Oaks’ future. No further action was taken.
ITEMS REQUIRING COUNCIL APPROVAL/ACTION:
PUBLIC HEARINGS:
6. PUBLIC HEARING: SUBSTANDARD PROPERTY AT 1217 OXFORD
Mayor Earwood opened the Public Hearing at 7:45 PM. PWD Gregory informed Council Members that a change in ownership of the property forced the City to obtain an Administrative Search Warrant; electrical and plumbing was in a substandard condition once access was gained to the residence. PWD Gregory stated that the condition of the home jeopardizes the health, safety and welfare of the public. All efforts to have the owner contact him with a plan of action for the property have been in vain.
Scott Rosamond, the current owner of the property, addressed Council stating that he was unaware that the property was in its current condition when his father assigned the home over to him. He is seeking financial support for repairs through local banks and is considering contacting a real estate agent to sell the property.
PWD Gregory explained the procedure for issuing a thirty (30) day demolition order, granting an additional thirty (30) days, allowing the City to legally demolish the property on the sixty-first (61st) day.
Mayor Earwood closed the Public Hearing at 7:58 PM.
7. ACTION FROM PUBLIC HEARING: CONSIDER APPROVAL OF ANY ACTION IN RELATION TO SUBSTANDARD PROPERTY AT 1217 OXFORD
Mayor Pro Tem Holland made the following motion: “I move that the City Council find that the building located at 1217 Oxford St based on evidence presented at this 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 building is infeasible of repair; and therefore ORDER the Owner to demolish or remove the building and all debris within 30 days; and 3) If the Owner fails to demolish or remove the building within 30 days, the City shall demolish the building following an additional 30 days after the initial 30-days has expired at its expense and place a lien on the property to recover its costs.” Motion seconded by Council Member Williams. All voted “Aye.”
8. PUBLIC HEARING: FISCAL YEAR 2007-2008 OPERATING BUDGETS
Mayor Earwood opened the Public Hearing at 7:59 PM. CA Ryan reviewed the City’s proposed 2007-2008 Fiscal Year Budgets, including General Fund, Water/Sewer Fund, EDC, Crime Control and Prevention District and Revenues, Expenditures and Capital Items for those funds.
Mayor Pro Tem Holland suggested presenting next year’s Budget via a visual presentation. With no further comments/questions, Mayor Earwood commended CA Ryan and Staff on completion of a sound Operating Budget and closed the Public Hearing at 8:09 PM.
9. ACTION FROM PUBLIC HEARING: CONSIDER APPROVAL OF ORDINANCE NO. 754-07 ADOPTING THE RIVER OAKS OPERATING BUDGETS FOR FISCAL YEAR 2007-2008 (EXHIBIT UNDER SEPARATE COVER)
Member Williams moved to approve Ordinance No. 754-07 adopting the River Oaks Operating Budgets for Fiscal Year 2007-2008. Motion seconded by Council Member Gordon. All voted “Aye.” [Exhibit Showing Recap of Budget will be Recorded/Filed with March 27, 2007 Minutes]
10. CONSIDER APPROVAL OF RESOLUTION NO. 612-07 AUTHORIZING ECONOMIC DEVELOPMENT CORPORATION (EDC) EXPENDITURES FROM THE 2007-2008 FISCAL YEAR BUDGET AS QUALIFIED FOR PROJECTS MORE THAN $10,000 AND PROVIDING AN EFFECTIVE DATE (SECOND READING)
No discussion for this item.
Mayor Pro Tem Holland moved to approve Resolution No. 612-07 Authorizing Economic Development Corporation (EDC) Expenditures from the 2007-2008 Fiscal Year Budget as Qualified for Projects more than $10,000 and providing an Effective Date (Second Reading). Motion seconded by Council Member Gordon. All voted “Aye.”
11. CONSIDER APPROVAL OF ORDINANCE NO. 752-07 AMENDING ARTICLE 13.04 “SEWER SYSTEM” SECTION 13.04.013 “SEWER SERVICE RATES” OF THE RIVER OAKS CODE OF ORDINANCES (2006)
PWD Gregory reported that Fort Worth’s rates had increased and recommended increasing River Oaks’ Sewer Service Rates as a “pass through” charge.
Mayor Pro Tem Holland moved to approve Ordinance No. 752-07 Amending Article 13.04 “Sewer System” Section 13.04.013 “Sewer Service Rates” of the 2006 River Oaks Code of Ordinances. Motion seconded by Council Member Gordon. All voted “Aye.”
12. CONSIDER APPROVAL OF ORDINANCE NO. 753-07 REPEALING ORDINANCE NO. 749-07 BY AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED IN LIEU OF A GENERAL WARRANTY DEED TO MARINA S. NUNEZ FOR LOT 14 AND THE EAST 10 FEET OF LOT 13, BLOCK 9, ROCKWOOD TERRACE, FIRST FILING
PWD Gregory explained that a Special Warranty Deed was needed for the sale of City-owned property located at 4413 Almena; Marina S. Nunez presented the highest bid for the property. Citizen Sherrie Dast asked who was responsible for mowing the grass at the property. Mayor Earwood stated that maintenance of the lawn was the owner’s responsibility and assured Ms. Dast and Council that the lawn would be mowed the following day.
Mayor Pro Tem Holland moved to Approve Ordinance No. 753-07 repealing Ordinance No. 749-07 by authorizing the Mayor to execute a Special Warranty Deed in Lieu of a General Warranty Deed to Marina S. Nunez for Lot 14 and the East 10 Feet of Lot 13, Block 9, Rockwood Terrace, First Filing. Motion seconded by Council Member Minter. All voted “Aye.”
13. CONSIDER APPROVAL OF A REQUEST BY BILL KIKER OF SUPER SAVE TO ALLOW THE CONTINUED OPERATIONS OF THE SNOW CONE STAND IN THE PARKING LOT AT 5116 RIVER OAKS BLVD UNDER A TEMPORARY PERMIT
Theron Kindiger, proposed operator of the Snow Cone stand at 5116 River Oaks Blvd, was not in attendance. Council Members agreed to table this Agenda Item pending Mr. Kindiger’s presence at a future meeting. No further action was taken.
14. UPDATE ON SUBSTANDARD PROPERTY AT 519 WINTERS AND 1116 YALE
PWD Gregory reported that both properties are being monitored. The substandard property at 519 Winters is currently being addressed by the owner to bring the structure into compliance. Ongoing litigation for the property at 1116 Yale has been problematic, but owners have been notified that a sixty (60) day compliance deadline is in effect. No further action was taken.
15. CONSIDER APPROVAL OF A PROPOSAL TO ALLOW CITIZEN NOEL BLAIR TO CLEAN UP THE AREA ON INSPIRATION LANE, RECENTLY DAMAGED BY IMPROPER PRUNING/CLEARING PROCEDURES
Much discussion for this Agenda Item. Overall, Council Members agreed that Mr. Blair must make some restitution for his negligence and damage caused to landscaping on City-owned property. While established trees, destroyed by improper pruning procedures, cannot be replaced, Council Members agreed with a suggestion by Council Member Williams to have Mr. Blair purchase and plant trees on other City properties, one or more of the City-owned Parks, for example. It was agreed to allow Police Chief Chisholm discuss the Council’s proposal with Mr. Blair; future Council action is not needed. No further action was taken.
16. DISCUSS AND CONSIDER APPROVAL TO ESTABLISH TIMEFRAMES FOR PARTICIPATION IN QUARTERLY MEETINGS WITH SURROUNDING CITIES, AS PROPOSED BY THE CITY OF WHITE SETTLEMENT
Mayor Earwood explained that a late-breaking email from White Settlement’s Interim City Manager Jimmy Burnett, requested that these meetings be postponed until after the May 2007 Election. No further action was taken.
17. STAFF REPORT: FIRE CHIEF CREWS’ WITHDRAWAL OF REQUEST TO PURSUE REVENUE RESCUE ISSUE
Fire Chief Crews, after consulting with the City’s Attorney Firm, felt that Constitutional/State Issues made pursuit of a Revenue Rescue Program dangerous. He withdrew his initial request to pursue this issue. No further action was taken.
CORRESPONDENCE-ANNOUNCEMENTS:
18. 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 – FEBRUARY 2007
- POLICE DEPARTMENT (TO INCLUDE MUNICIPAL COURT ACTIVITY) – FEBRUARY 2007
- PUBLIC LIBRARY – FEBRUARY 2007
- PUBLIC WORKS DEPARTMENT [TO INCLUDE CODE COMPLIANCE, PERMITS & INSPECTIONS, SANITATION AND WATER] – FEBRUARY 2007
- PARK BOARD MINUTES – FEBRUARY 2007
Mayor Earwood recognized Fort Worth Star-Telegram reporter Brett Hoffman from the audience. He inquired about the permit status for the two-story house on Ohio Garden. PWD Gregory stated that to his knowledge, the building permits were expired and assured Council that action would be taken and notification given to the property owners.
Mayor Pro Tem Holland inquired about the substandard house on Hillside. PWD Gregory reported that ongoing litigation has slowed the substandard process but that continued efforts would be made to bring the property into compliance with City Codes. Mayor Pro Tem Holland requested that Mayor Earwood put together a plan for Banners along River Oaks Blvd and present to Council at a future meeting (additional funding for banners was approved through EDC funds).
Fire Chief Crews reported that the Firefighters involved in the recent life-saving efforts at CVS Pharmacy would be honored at the U.S. Red Cross Stars at Night Event on April 28, 2007. As the City’s Commercial Inspector, he reported that Bronco Garage (5139 River Oaks Blvd), in violation of Certificate of Occupancy and Building Permit requirements, would be required to obtain current permits no later than March 28th or be cited for non-compliance. No further action was taken.
PUBLIC COMMENTS:
19. 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:
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
- 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
Council Member Gordon moved to convene in Executive Session at 8:45 PM, pursuant to Section 551.074 of the Texas Local Government Code to discuss Personnel Matters. Motion seconded by Council Member Williams. All voted “Aye.”
RECONVENE:
21. CONSIDER APPROVAL OF ANY ACTION FROM EXECUTIVE SESSION
Department Heads, Police Chief Chisholm and Public Works Director Gregory were reviewed. No further action was taken.
ADJOURN:
22. ADJOURN
Council Member Gordon moved to adjourn the meeting at 10:00 PM. Motion seconded by Council Member Williams. All voted “Aye.”
[Reviewed by City Secretary 04/06/2007]
APPROVED:
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Herman Earwood, Mayor
ATTEST:
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Linda A. Ryan, City Secretary |