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HomeMy WebLinkAbout2004/02/03-Minutes-City Council CITY COUNCIL MEETING FEBRUARY 3, 2004 Date & Time On the 3rd day of February, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:00 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Oliver C. Hill, First Pilgrim Valley Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Haskin, the minutes of the regular meeting of January 27, 2004, were approved unanimously. Special Council Member Haskin presented a Proclamation for Wear Red for Presentations Women Day. Announcements Mayor Moncrief reminded all Fort Worth residents that the 2004 Capital Improvement Program Bond Election would be Saturday, February 7, 2004 and encouraged them to get out and vote. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. G-14245 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Stevenson, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Lane made a motion, seconded by Council Member Moss, to appoint Mark Barnes to the City Plan Commission effective February 3, 2004 and with a term expiring October 1, 2004. The motion carried unanimously. Committee Council Member Haskin stated that next month the Government Report and Neighborhood Relations Committee would look at appointing primary and/or alternate positions for the Board of Adjustment, Human Relations Commission, and the Downtown Design Review Board. She added that the Mayor and each Council Member would also submit nominations for appointees to the Community Cable Committee. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 3, 2004 PAGE 2 of 12 OCS-1398 There was presented Mayor and Council Communication No. OCS- Claims 1398 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14240 There was presented Mayor and Council Communication No. G- Petition & 14240, dated January 27, 2004, from the City Manager Application Fee recommending that the City Council: for Establishment of 1. Receive the petition for establishment of Fort Worth Public Public Improvement District No. 12 in Chapel Hill; and Improvement District No. 12, 2. Accept the application fee of $150.00 to be used by City Chapel Hill staff for petition verification and establishing a proposed assessment roll; and 3. Direct the City Manager and City Attorney to review the petition to determine whether the petition includes the necessary signatures and meets the other requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code (the Public Improvement District Assessment Act); and 4. Schedule the petition for further consideration at a future City Council meeting. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-14243 There was presented Mayor and Council Communication No. G- Payment for City 14243 from the City Manager recommending that the City Council of Fort Worth authorize payment for the City of Fort Worth's FY2003-2004 FY2003-2004 membership with Transportation Excellence for the 21St Century Membership (TEX-21) in the amount of $25,000.00. It was the consensus of the with TEX-21 City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 3, 2004 PAGE 3 of 11 G-14244 There was presented Mayor and Council Communication No. G- Settlement of 14244 from the City Manager recommending that the City Council: Claims in Condemnation 1. Approve the proposed settlement of the claims of Michael Lawsuit - City of Lindstrom and wife, Annette Marie Lindstrom, individually Fort Worth v. and as trustees of the Lindstrom Living Trust (Lindstroms) Michael in this lawsuit; and Lindstrom & Wife, Annette 2. Authorize the payment of $50,000.00 to the Lindstroms Marie Lindstrom consisting of $16,750.00 previously deposited in the registry Cause of the court and a check made payable for $33,250.00 to #2001-002790-1 Michael Lindstrom and wife, Annette Marie Lindstrom, individually and as trustees of the Lindstrom Living Trust, and Attorney, Douglas H. Conner, III; and 3. Authorize the appropriate City representative to execute the documents necessary to complete the settlement. It was the consensus of the City Council that the recommendation be adopted. G-14245 There was presented Mayor and Council Communication No. G- Ord. #15853 14245 from the City Manager recommending that the City Council: Sewer Per Acre Charge for 1. Adopt Ordinance No. 15853 adopting a per acre charge for M-624* Sewer the 1523 acres served by approach Sewer Main M-624* from Main Station 0+00 to Station 124+80; and 2. Establish the last date of assessment to be ten years from the approval date of this ordinance, with reimbursement to Steve Hawkins Custom Homes, LLC, and an unlimited time to the City of Fort Worth for per acre charges collected. City Attorney Yett stated that the ordinance needed to be amended as follows: a. Section 1, Line 3: Delete "...xx miles..." and insert "...12,480 linear feet..." b. Section 5, add at the end of the sentence "...for the developer, and no time limit for the City." Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G- 14245 be adopted as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 3, 2004 PAGE 4 of 12 Public Hearing It appeared that the City Council set today as the date for a public hearing on the Charter Communications Cable Television Franchise Renewal. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Randy Westerman, representing the City Manager's Office, appeared before Council, gave a staff report, recommended that the public hearing remain open, and called attention to Mayor and Council Communication No. G-14246 as follows: G-14246 There was presented Mayor and Council Communication No. G- Charter 14246 from the City Manager recommending that the City Council Communications conduct a public hearing to solicit citizen comments on cable- Franchise related issues including Charter Communications' performance Renewal under the current franchise agreement and future cable-related needs of the community, and to continue to receive such citizen comments throughout the Charter Communications Franchise renewal process. Mr. Westerman stated that at conclusion of any citizen comments tonight, staff recommended Council take the following action: 1. Appoint a citizens committee to solicit additional public comment at the district level. 2. Instruct City staff to retain a team of consultants and outside legal counsel to assist City staff with the formal renewal process. There being no one present desiring to be heard in the public hearing on the Charter Communications Cable Television Franchise Renewal, Mayor Moncrief stated that the public hearing would remain open. Public Hearing It appeared that the City Council set today as the date for a public hearing on designation of the Lake Arlington Area as a Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Reinvestment Zone. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Chris Anderson, representing the Housing Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14247 as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 3, 2004 PAGE 5 of 11 G-14247 There was presented Mayor and Council Communication No. G- Res. #3041 14247 from the City Manager recommending that the City Council: Ord. #15854 Designate Lake 1. Adopt Resolution No. 3041 designate the Lake Arlington Arlington Area area as a Neighborhood Empowerment Zone; and as a Neighborhood 2. Hold a public hearing concerning the designation of the Empowerment Lake Arlington area as Fort Worth Neighborhood Zone and Fort Empowerment Reinvestment Zone (FWNERZ) No. 16; and Worth Neighborhood 3. Adopt Ordinance No. 15854 designating a certain area in the Empowerment City of Fort Worth as "Neighborhood Empowerment Reinvestment Reinvestment Zone No. 16, City of Fort Worth, Texas"; Zone pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone. Council Member Haskin expressed concern that this area had no design standards established to regulate the types of homes or businesses that would be constructed. She asked staff to look into the process to possibly add such a provision before establishing another FWNERZ. Council Member Moss made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G-14247 be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on designating Tax Abatement Reinvestment Zone No. 46, City of Fort Worth, Texas. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Ardina Washington, representing the Economic and Community Development Department, appeared before Council, gave a staff report, recommended the public hearing be closed and called attention to Mayor and Council Communication No. G-14248 as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 3, 2004 PAGE 6 of 12 G-14248 There was presented Mayor and Council Communication No. G- Ord. #15855 14248 from the City Manager recommending that the City Council: Designate Tax Abatement 1. Hold public hearing concerning the designation of Tax Reinvestment Abatement Reinvestment Zone No. 46, City of Fort Worth, Zone No. 46, City Texas; and of Fort Worth, 2. Adopt Ordinance No. 15855 designating a certain area in the Texas City of Fort Worth as "Tax Abatement Reinvestment Zone Number Forty-Six, City of Fort Worth, Texas"; pursuant to and in accordance with Chapter 312 of the Texas Tax Code; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone. There being no one present desiring to be heard in the public hearing on designating Tax Abatement Reinvestment Zone No. 46, City of Fort Worth, Texas, Council Member Lane made a motion, seconded by Council Member Stevenson, that the public hearing be closed and Mayor and Council Communication No. G-14248 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: None G-14249 There was presented Mayor and Council Communication No. G- Ord. #15856 14249 from the City Manager recommending that the City Council: Donation from Lockheed Martin 1. Authorize the City Manager to accept a donation in the Aeronautics amount of $7,882.15 from Lockheed Martin Aeronautics Employees Employees Reaching Out Club of Fort Worth for the Reaching Out Environmental Management Department's education Club of Fort program; and Worth for 2. Adopt Appropriation Ordinance No. 15856 increasing Environmental estimated receipts and appropriations in the Environmental Management Management Fund in the amount of $7,882.15 from available Department's funds, for the purpose of funding the Environmental Education Management Department's education program. Program Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted with appreciation. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 3, 2004 PAGE 7 of 11 G-14250 There was presented Mayor and Council Communication No. G- Ord. #15857 14250 from the City Manager recommending that the City Council Grant Funds adopt Appropriation Ordinance No. 15857 increasing estimated from Texas receipts and appropriations in the Grants Fund in the amount of Parks & Wildlife $1,518.00, subject to receipt of the grant from the Texas Parks and Department Wildlife Department for the purpose of funding a community outreach. Council Member Moss stated that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Stevenson, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss P-9912 There was presented Mayor and Council Communication No. P- Demolition of 9912 from the City Manager recommending that the City Council: Residential Structures 1. Authorize non-exclusive purchase agreements for demolition of residential structures for the Code Compliance Department with multiple vendors based on the low bid meeting specifications with payment due 30 days after receipt of the invoice; and 2. Authorize this agreement to begin February 3, 2004, and expire February 2, 2005, with options to renew for two additional one-year periods. 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act." It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 3, 2004 PAGE 8 of 12 L-13755 There was presented Mayor and Council Communication No. L- Acquisition of 13755 from the City Manager recommending that the City Council Six Lots for Fort authorize the acquisition of six lots in conjunction with the Fort Worth Meacham Worth Meacham International Airport Noise Mitigation Program International (DOE 3932); and find that the price offered in the total amount of Airport Noise $98,833.00 is just compensation for the acquisition of the six Mitigation properties, plus an estimated real estate tax prorated amount not Program to exceed $10,000.00 for a total cost of $108,833.00; and authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13756 There was presented Mayor and Council Communication No. L- Lease 13756 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a lease agreement with Enterprise Rent- Enterprise Rent-A-Car, Inc. for office space on the first floor of the A-Car, Inc. terminal building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-19950 There was presented Mayor and Council Communication No. C- B.T. 19950 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with B.T. Inc. Construction, Inc. in the amount of$110,748.00 for 65 working days for Valley Gutter Contract 2004-4 at Various Locations. It was the consensus of the City Council that the recommendation be adopted. C-19951 There was presented Mayor and Council Communication No. C- Ord. #15858 19951 from the City Manager recommending that the City Council: William J. Schultz, Inc. 1. Authorize the transfer of $48,412.00 from the Water and d/b/a Circle "C" Sewer Operating Fund to the Sewer Capital Project Fund; Construction and Company 2. Adopt Appropriation Ordinance No. 15858 increasing the estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $48,412.00 from available funds for the purpose of funding Change Order No. 2 to City Secretary Contract No. 28021 with William J. Schultz, Inc. d/b/a Circle "C" Construction Company for Sanitary Sewer System Rehabilitation and Improvements Contract, XLVIII (48); and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 3, 2004 PAGE 9 of 11 3. Authorize the City Manager to execute Change Order No. 6 to City Secretary Contract No. 28021 with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the amount of $48,412.00 for additional and increased pay item quantities, thereby increasing the total contract amount to $854,215.25. It was the consensus of the City Council that the recommendation be adopted. C-19952 There was presented Mayor and Council Communication No. C- Jackson 19952 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute Change Order No. 2 to City Ltd. Secretary Contract No. 28268 with Jackson Construction, Ltd. in the amount of $31,999.55 to provide for an additional pay item quantity, thereby increasing the total contract amount to $2,457,024.05. It was the consensus of the City Council that the recommendation be adopted. C-19953 There was presented Mayor and Council Communication No. C- Ord. #15859 19953 from the City Manager recommending that the City Council: Heritage Environmental 1. Adopt Supplemental Appropriation Ordinance No. 15859 Service, Inc. increasing estimated receipts and appropriations in the Environmental Management Fund in the amount of $57,900.00 from available funds, for the purpose of funding Amendment No. 1 to City Secretary Contract 27304 with Heritage Environmental Services, Inc. for the transportation and disposal of household hazardous waste at the Environmental Collection Center; and 2. Authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 27304 with Heritage Environmental Services, Inc. for the transportation and disposal of household hazardous waste at the Environmental Collection Center for an additional $57,900.00, thereby increasing the total contract amount to $362,900.00 for the contract period January 1, 2003 through December 31, 2003, and for the renewal option terms for 2004 and 2005. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 3, 2004 PAGE 10 of 12 C-19954 There was presented Mayor and Council Communication No. C- Ord. #15860 19954 from the City Manager recommending that the City Council: Texas State 1. Authorize the City Manager to accept the Lone Star Libraries Library & Archives Grant for the Fort Worth Public Library in the amount of Commission $70,736.00 from the Texas State Library and Archives Commission; and 2. Authorize the City Manager to execute a grant agreement with the Texas State Library and Archives Commission relating to such grant; and 3. Adopt Appropriation Ordinance No. 15860 increasing estimated receipts and appropriations in the Grants Fund in the amount of $70,736.00, subject to receipt of the grant from the Texas State Library and Archives Commission, for the purpose of funding the Lone Star Libraries Program. It was the consensus of the City Council that the recommendation be adopted. C-19955 There was presented Mayor and Council Communication No. C- Leonel Garcia & 19955 from the City Manager recommending that the City Council: Janie Garcia 1. Approve a five-year Municipal Property Tax Abatement for a property located at 1325 6th Avenue owned by Leonel Garcia and Janie Garcia in the Magnolia Village Neighborhood Empowerment Zone (NEZ); and 2. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Leonel Garcia and Janie Garcia are true and correct; and 3. Authorize the City Manager to enter into a Tax Abatement Agreement with Leonel Garcia and Janie Garcia for 1325 6th Avenue in the Magnolia Village NEZ in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 3, 2004 PAGE 11 of 11 Public Hearing It appeared that the City Council set today as the date for the Proposed City- second public hearing for proposed City-Initiated annexation of Initiated approximately 105 acres of land located north of Park Drive, south Annexation of of Bonds Ranch Road, east of Boat Club Road, and west of 105 Acres Business Highway 287 in Tarrant County, Texas (Lago Vista at Located North of Bonds Ranch) (Annexation Case No. AX-04-01). Mayor Moncrief Park Drive, asked if there was anyone present desiring to heard. South of Bonds Ms. Cathy Davidson, representing the Development Department, Ranch Road, appeared before Council, presented a staff report, recommended East of Boat the public hearing be closed, and stated that adoption of the Club Road, & annexation ordinance was scheduled for February 24, 2004. West of Business There being no one present desiring to be heard in connection with Highway 287 the second public hearing for the proposed City-Initiated AX-04-01 annexation of approximately 105 acres of land located north of Park Drive, south of Bonds Ranch Road, east of Boat Club Road, and west of Business Highway 287 in Tarrant County, Texas (Lago Vista at Bonds Ranch) (Annexation Case No. AX-04-01), Council Member Stevenson made a motion, seconded by Council Member Lane, that the second public hearing be closed. The motion carried unanimously. Council Member Stevenson expressed appreciation to Fernando Costa and Jesse Torres from the Planning Department for all their hard efforts on this annexation. Citizen Mr. David Gober, 1110 Sotogrande Boulevard #119S, Euless, Presentations Texas, appeared before Council and expressed concern with the inaccessibility of some areas for handicapped persons within the Will Rogers Complex. He offered to provide a personal wheelchair tour for any Council Member of the areas in the complex that were not handicap accessible. Mayor Moncrief requested Mr. Gober contact his office and schedule the tour. He also requested Mr. Gober speak with Assistant City Manager Joe Paniagua relative to this issue. Mayor Moncrief informed Council that a Fort Worth Police Officer was in the hospital recovering from a heart attack this past weekend, and an Animal Control Officer was at home recovering from a Pit Bull attack earlier today. He extended a speedy recovery from the Council to these City employees. Adjournment There being no further business, the meeting as jour ed at 7: m. CITY SE RETARY M/ OR