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HomeMy WebLinkAbout2008/10/21-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 21, 2008 Present Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 Absent Mayor Mike Moncrief Council Member Chuck Silcox, District 3 Council Member Jungus Jordan, District 6 City Staff Dale Fisseler, City Manager David Yett, City Attorney Marty Hendrix, City Secretary L CALL TO ORDER With a quorum of the City Council Member present, Mayor Pro tem Hicks called the regular session of the Fort Worth City Council to order at 10:20 a.m. on Tuesday, October 21, 2008, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Moncrief and Council Members Jordan and Silcox absent. H.INVOCATION - Minister Brett Ballard, Central Christian Church The invocation was given by Minister Brett Ballard, Central Christian Church. III.PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. IV. CONSIDERATION OF MINUTES OF JOINT PACIFIC NORTHWEST TRIP OF OCTOBER 2-4, 2008,AND REGULAR MEETING OF OCTOBER 14, 2008 Motion: Council Member Burns made a motion, seconded by Council Member Burdette, that the minutes of the Joint Pacific Northwest Trip of October 2-4, 2008, and the regular meeting of October 14, 2008 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Jordan and Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 21, 2008 PAGE 2 of 11 V. SPECIAL PRESENTATIONS, INTRODUCTIONS, ETC. There were no special presentations or introductions. VI.ANNOUNCEMENTS BY CITY COUNCIL MEMBERS AND STAFF City Manager Fisseler announced that as discussed during the Pre-Council Work Session there was an agenda for the building capacity meeting, which would be held on October 23, 2008, at the Goodwill Industries, at 4005 Campus Drive, from 5:30 p.m. to 7:30 p.m. He encouraged anyone interested in doing business with the City or other governmental agencies to be at the meeting. Council Member Burns announced that the Central Division was holding its first Crime Fair on October 25, 2008, in the Super Target parking lot at the Montgomery Plaza from 10:00 a.m. to 2:00 p.m. and invited everyone to attend. He added that the Trinity River Vision Neighborhood and Recreation and Neighborhood Enhancement Program in conjunction with Streams and Valleys, the Tarrant Regional Water District, Trinity River Vision, and the City of Fort Worth would conduct a series of public meetings to prepare a ten-year plan to improve, enhance and protect the Trinity River Greenbelt. He stated that a meeting would be conducted tonight, October 21, 2008, at 6:00 p.m. at the Fort Worth Metropolitan Black Chamber of Commerce at 1150 South Freeway and another meeting on November 5, 2008, at 6:00 p.m. at the Botanic Gardens Center. He encouraged everyone interested to attend. City Manager Fisseler announced that there would be a Neighborhood Policing District 8 Sector ribbon cutting ceremony at approximately 1:15 p.m. at 7650 McCart and added that Mayor Pro tem Hicks and Council Member Jordan would be in attendance. Council Member Espino announced that on October 25, 2008, from 9:00 a.m. to 10:00 a.m., the Texas Trail of Fame Induction Ceremony would be conducted in the Stockyards. He added that breakfast would be provided and invited everyone to attend. Mayor Pro tem Hicks expressed appreciation to all City residents who participated in Texans Against Crime event and added that she especially appreciated the new neighborhood associations that came together in the neighborhoods. She stated that the event was very important and that she hoped for better weather next year. She also announced that on October 22, 2008, from 4:00 p.m. to 8:00 p.m., the Volunteer Recruitment Fair would take place at University Christian Church, located near Texas Christian University and would be sponsored by the Tarrant County Homeless Coalition. She added that it was a come and go event which would give families, civic groups, congregations and individuals the opportunity to meet with organizations who work in the community to end homelessness. She further stated that in conjunction with the event, the coalition would also be collecting blankets and socks for the homeless and conducting many workshops on homelessness, poverty and hunger in the community and encouraged residents to participate in the event. She also announced that on October 25, 2008, at 10:00 a.m., a new municipal building located at 818 Missouri Avenue would be CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 21, 2008 PAGE 3 of 11 VI. ANNOUNCEMENTS (Continued) named in honor of Hazel Harvey Peace and that the building would be named the Hazel Harvey Peace Center for Neighborhoods. She added that Mayor Moncrief and herself would be in attendance and invited everyone to come out and join the ceremony. She further announced that Assistant City Secretary Sylvia Glover would be retiring after 30 years of serving the Council and that the Council was very grateful of her work and wonderful service to the City. She added that her retirement party would be Friday, October 24, 2008. She also wanted to thank her assistant, Devan Allen, who would be leaving to go back to school, and introduced her replacement, Will Trevino, who came from the City of Houston. She also announced that the meeting would be adjourned in honor of Council Member Silcox who was in the hospital battling cancer and in honor of Mr. Eugene McAllister, a long time Poly and Woodhaven resident and leader, who recently passed. VII.ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA City Manager Fisseler requested that Mayor and Council Communication No. C-23134 be withdrawn from the Consent Agenda. VIII.ITEMS TO BE CONTINUED OR WITHDRAWN BY STAFF City Manager Fisseler requested that Mayor and Council Communication Nos. G-16326 be withdrawn from consideration; G-16228 and C-23134 be continued until the November 4, 2008, Council meeting; and G-16325 and P-10872 be continued until the October 28, 2008, Council meeting. City Secretary Hendrix asked City Manager Fisseler for clarification on whether M&C G-16228, was to be continued until the November 4, 2008, Council meeting or November 11, 2008, as discussed during the Pre-Council Work Session. City Manager Fisseler noted the M&C should be continued to the November 11, 2008, Council meeting. IX. CONSENT AGENDA Motion: Council Member Espino made a motion, seconded by Council Member Burdette that the Consent Agenda be approved as amended. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Jordan and Silcox absent. OCS - 1693 - Notice of Claims for Alleged Damages and/or Injuries CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 21, 2008 PAGE 4 of 11 M&C G-16323 - Authorizing the City Manager to Exercise the Third of Four One-Year Renewal Options to Purchase Aircraft Insurance Coverage (Police Helicopters) from Key and Piskuran Insurance Agency for the Period of October 1, 2008, to September 30, 2009, for the Annual Premium of $75,462.00; and Exercising the Third of Four One-Year Renewal Options to Purchase Airport Liability Insurance Coverage from Key and Piskuran Insurance Agency for the Period of October 1, 2008, to September 30, 2009, for the Annual Premium of$39,354.00. M&C P-10867 - Authorizing Annual Purchase Agreements for Water Meters with HD Supply Waterworks, LTD, Master Meter, Inc., Badger Meter, Inc., and Elster AMCO Water, Inc., for the Water Department in an Amount Not to Exceed $103,368.00. M&C P-10868 - Authorizing a Sole Source Purchase Agreement for Electric Machinery Equipment and Repair Parts with EMICC, Inc., for the Water Department in an Amount Not to Exceed $50,000.00. M&C P-10869 - Authorizing a Purchase Agreement for Decontamination Services with Anubis Sceneclean, Inc., for the Police Department for an Amount Not to Exceed $45,000.00. M&C P-10870 - Authorizing Purchase Agreements for Laboratory Gases and Industrial Compressed Gases with Matheson Tri-Gas and Air Liquide Industrial US LP, for a Projected Annual Amount Not to Exceed $75,000.00. M&C P-10871 - Authorizing Purchase Agreement for Flashing Traffic Control Signs and Related Equipment with Traffic and Parking Control Company, Inc., through Texas Multiple Award Schedule Contract TXMAS-8-78040 for the Transportation and Public Works Department for an Amount Not to Exceed $55,000.00. M&C L-14662 - Authorizing the City Manager to Enter into a Lease Agreement with the Fort Worth Hispanic Chamber of Commerce for Designated Office Space at the Northside Community Center. M&C C-23133 - Authorizing the City Manager to Execute an Amendment to the Option Agreement with Harmony Realty Ltd., to Sell Property Located at the Southeast Corner of Lancaster Avenue and Main Street. M&C C-23135 - Authorizing the Acquisition of an Improved Residential Lot, Owned by Alfredo and Luz Medina, Known as 3156 Weber Street, Block 19, Lot 3, Morgan Heights Subdivision, an Addition to the City of Fort Worth, Tarrant County, Texas; Finding that the Price Offered in the Amount of $40,000.00 for the Residence, Plus an Estimated Closing Cost of $3,000.00 is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 21, 2008 PAGE 5 of 11 M&C C-23136 - Authorizing Change Order No. 3 in the Amount of$30,349.77 to Contract No. 35378 with Stabile & Winn, Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacements on Portions of Chicago Avenue, Clairemont Avenue and Ramsey Avenue, thereby Revising the Total Cost to $1,625,026.57. M&C C-23137 - Authorizing the Acquisition of One Permanent Drainage Facility Easement from Douglas W. and Margaret DeLong at 1113 Kings Highway, Described as a Portion of Tract 8A, Lewis G. Tinsley Survey, Abstract No. 1523, Located in East Fort Worth, Tarrant County, Texas, for the Construction of Drainage Infrastructure Improvements; Finding that the Price Offered in the Amount of $7,500.00, Plus an Estimated Closing Cost of $1,500.00, is Just Compensation; and Authorizing the Acceptance and Recording of Appropriate Instruments. M&C C-23138 - Authorizing the Execution of One Storm Water Facility Maintenance Agreement from Tom S. Mackie for Property Located North of Northwest Loop 820 and South of Longhorn Road in North Fort Worth. M&C C-23139 - Authorizing the City Manager to Execute an Airport Access Agreement with Vintage Flying Museum, Inc., at Fort Worth Meacham International Airport. End of Consent Agenda. X.PRESENTATIONS BY THE CITY COUNCIL 1.Changes in Membership on Boards and Commissions Council Member Espino made a motion, seconded by Council Member Burns, that the following individuals be appointed or reappointed to boards and commissions as indicated, effective October 21, 2008, and with terms expiring as reflected: - Martha Stanton Lunday: Appeals Board. Expiration: October 1, 2010 - Wendy Vann Roach: Board of Adjustment-Commercial and Fort Worth Alliance Airport Board of Adjustment. Expiration: October 1, 2010 - Ronald Shearer: Board of Adjustment-Residential. Expiration: October 1, 2010 - Carlos Flores: Building Standards Commission. Expiration: September 30, 2010 - Mark Barnes: City Plan Commission; Capital Improvements Advisory Commission for Transportation Impact Fees. Expiration: October 1, 2010 - Neftali Ortiz: City Zoning Commission and Fort Worth Alliance Airport Zoning Commission. Expiration: October 1, 2010 - Elizabeth Farley-Parker: Fort Worth Commission for Women. Expiration: October 1, 2010 - Louis Ayala: Golf Advisory Board. Expiration: October 1, 2010 - Doyle Willis: Historic and Cultural Landmarks Commission. Expiration: October 1, 2010 - Antonio Martinez: Library Advisory Board. Expiration: October 1, 2010 - Michael Faucette: Parks and Community Services Advisory Board. Expiration: October 1, 2010 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 21, 2008 PAGE 6 of 11 X. PRESENTATIONS BY CITY COUNCIL (Continued) The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Jordan and Silcox absent. XI.PRESENTATIONS AND/OR COMMUNICATIONS FROM BOARDS, COMMISSIONS AND/OR CITY COUNCIL COMMITTEES There were no presentations and/or communications from Boards, Commissions and/or City Council Committees. XIIL RESOLUTIONS 1.A Resolution Remnizin2 an Association Selected by a Mai ority of the Fire Fighters of the Fort Worth Fire Department as the Exclusive Bargaining Agent for Fort Worth Fire Fighters in Accordance with Chapter 174 of the Texas Local Government Code and Authorizing the City Manager to Designate a Negotiating Team for the City Motion: Council Member Burns made a motion, seconded by Council Member Moss, that Resolution No. 3669-10-2008 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Jordan and Silcox absent. 2.A Resolution Supporting the Addition of a New Post Office and Establishment of a Fort Worth Zip Code for Residents in North Fort Worth Motion: Council Member Espino made a motion, seconded by Council Member Burns that Resolution No. 3670-10-2008 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Jordan and Silcox absent. XIV.REPORT OF THE CITY MANAGER A.General 1.It was the Consensus of the City Council that Mayor and Council Communication No. G- 16228, Consider a Waiver for a High Impact Gas Well Pad Site Permit Requested by Chesapeake Operating, Inc., for the Fox Lease Located at 1093 Oak Grove Road within 600 Feet of Carter Park, be Continued Until the November 11, 2008, Council Meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 21, 2008 PAGE 7 of 11 3.M&C G-16324 - Adopt an Ordinance Amending the Fort Worth Electrical Code, Plumbing Code and Building Code, by Adding Provisions that Currently Appear in the Fort Worth Fire Code Appendix J for "Mobile Home and Recreational Vehicle Parks", Distributing Them to More Appropriate Codes. Motion: Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-16324 be approved and Ordinance No. 18338-10-2008 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Jordan and Silcox absent. 4.It was the Consensus of the City Council that Mayor and Council Communication No. G- 16325, Authorization to Amend Contract with Deloitte and Touche, LLP, to Increase Fee by $795,126.00 for an Independent Audit of the Financial Records of the City of Fort Worth for Fiscal Year 2007, for a Total Amount not to Exceed $1,110,000.00, be Continued Until the October 28, 2008, Council Meeting. 5.It was the Consensus of the City Council that Mayor and Council Communication No. G- 16326, Adopt an Ordinance to Establish a Water Main Capacity Charge for a 30 Inch Water Main from Westland Pump Station to Westpoint Boulevard and Proposed Walsh Ranch Boulevard, be Withdrawn from Consideration. B.Purchase of Equipment, Materials, and Services 6.It was the Consensus of the City Council that Mayor and Council Communication No. P- 10872, Authorize Purchase Agreements with Fort Worth Star-Telegram, La Vida News - The Black Voice, and La En Casa for the City of Fort Worth for the Printing of the City Page for a Proiected Cost Not to Exceed $185,846.00, be Continued Until the October 28, 2008, Council Meeting. C.Land 2.M&C L-14663 - Authorize the Direct Sale of a Tax-Foreclosed Property Located at 3625 East Loop 820 South, Described as Lot BR1, Block 1, Harris 820 Subdivision, Abstract 1693, Tract 2F04B, Ulrich Wuthrick Survey, Fort Worth, Tarrant County, Texas, to Athanases Stamatopoulos, in Accordance with Section 34.05 of the Texas Property Tax Code for the Total Amount of $673,890.10; and Authorize the City Manager to Execute and Record the Appropriate Instruments Conveying the Property to Complete the Sale. Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. L-14663 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Jordan and Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 21, 2008 PAGE 8 of 11 E.Award of Contract 1.M&C C-23130 - Authorize a Contract with the HOPE Center for the Fiscal Year 2009 Community-Based Funding from the Crime Control and Prevention District Fund in the Amount of $63,204.00 to Operate the Keys of HOPE Program (Continued from October 14, 2008). Motion: Council Member Moss made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-23130 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Jordan and Silcox absent. 3.It was the Consensus of the City Council that Mayor and Council Communication No. C- 23134, Authorize the Acquisition of Approximately 32,934 Square Feet, Owned by Pete L. Reyes, Known as 3152 Hardy Street, at the Northeast Corner of Vera Cruz Street and Hardy Street of the Shoe and Leathers Company, an Addition to the City of Fort Worth, Tarrant County, Texas; Find that the Price Offered in the Amount of$36,000.00 for the Parcel, Plus an Estimated Closing Cost of $3,000.00 is Just Compensation; and Authorize the Acceptance and Recording of Appropriate Instruments, be Continued Until the November 4, 2008, Council Meeting. XV.ZONING HEARING a.Cases Recommended for Approval 1.it Appeared that the City Council at its Meeting of October 14, 2008, Continued Zoning Docket No. ZC-07-208B - (CD 4) - City of Fort Worth, 650 and 800 John T. White Road North; from "C" Medium Density Multifamily Residential to "A-10" One Family Residential. Mayor Pro tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-208B be continued until the November 11, 2008, Council Meeting. The motion carried unanimously six (6) ayes to (0) nays, with Mayor Moncrief and Council Members Jordan and Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 21, 2008 PAGE 9 of 11 2.It Appeared that the City Council at its Meeting of October 7, 2008, Continued Zoning Docket No. ZC-08-147 - (CD 2) - Nitinbhui Bhugubhat Patel, 3107 and 3109 North Main Street; from "I" Light Industrial to "PD/E" Planned Development for all uses in "E" Neighborhood Commercial, plus hotel. Site plan included. Mayor Pro tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. Motion: Council Member Espino made a motion, seconded by Council Member Moss, that the public hearing be closed and that Zoning Docket No. ZC-08-147 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Jordan and Silcox absent. b.Cases Recommended for Denial 1.it Appeared that the City Council at its Meeting of October 14, 2008, Continued Zoning Docket No. ZC-08-105 - (CD 4) - Randol Mill Partners II, Ltd., 650 and 800 John T. White Road North; from "C" Medium Density Multifamily Residential and "ER" Neighborhood Commercial Restricted to "A-5" One Family Residential and "C" Medium Density Multifamily Residential. Mayor Pro tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. Motion: Council Member Scarth made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-08-105 be continued until the November 11, 2008, Council Meeting. The motion carried unanimously six (6) ayes to (0) nays, with Mayor Moncrief and Council Members Jordan and Silcox absent. Motion: There being no one present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Scarth made a motion, seconded by Council Member Espino, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 21, 2008 PAGE 10 of 11 ORDINANCE NO. 18339-10-2008 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Jordan and Silcox absent. XVI. CITIZEN PRESENTATIONS Ms. Jerry Horton, 2608 Carter Avenue, appeared before Council relative to a gas well pipeline going through Carter Avenue. She advised Council that all the properties on Carter Avenue had been condemned through eminent domain. She encouraged the Council to support Mayor Pro tem Hicks and vote against a permit for Chesapeake to go under Beach Street on Carter Avenue to lay pipeline. Mayor Pro tem Hicks requested that Susan Alanis, Planning and Development Department Director, give the Council and the public an update on the pipeline. Ms. Susan Alanis, Planning and Development Department Director, advised that staff had not yet scheduled this issue for Council consideration. She added that the City had received a permit from Chesapeake for a pipeline across Carter Avenue and pointed out that City engineers and the operator's engineers were looking at alternate routes. She further stated that once all the information on the alternate routes was reviewed, City staff would bring the issue before the Council for consideration. Mayor Pro tem Hicks advised Ms. Horton that the City continued to look for alternatives and added that she believed there were still alternatives that had not been fully explored. She advised Ms. Horton that she would be informed when the issue came before the Council for consideration. Mayor Pro tem Hicks announced that she was advised by City Attorney Yett that the Executive Session would not be conducted. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 21, 2008 PAGE 11 of 11 XVII.EXECUTIVE SESSION (Pre-Council Chamber) There was no Executive Session. XVIIL ADJOURNMENT There being no further business, the meeting was adjourned at 10:42 a.m. in honor of Council Member Chuck Silcox and Mr. Eugene McAllister. These minutes approved by the Fort Worth City Council on the 28th day of October, 2008. Attest: Approved: w Marty Hend ra l J. Moncrie City Secretary