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HomeMy WebLinkAbout2003/01/28-Minutes-City Council CITY COUNCIL MEETING JANUARY 28, 2003 Date & Time On the 28th day of January, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:26 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, 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 Ronald Heimsoth, Trinity Lutheran Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Wentworth, the minutes of the regular meeting of January 21, 2003, were approved unanimously. Announcements Council Member Silcox stated that last week there was an armed robbery at an establishment on South Hulen and Kingswood. Mr. Joseph E. Temples noticed suspicious behavior of two individuals in the area and alerted Police. He added that due to Mr. Temples' alertness, the Police Department apprehended the perpetrators within a short period. He expressed words of gratitude to Mr. Temples and the Fort Worth Police Department for their quick actions. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. C-19449 be continued for two weeks. Staff Consent Agenda On motion of Mayor Pro tempore McCloud, seconded by Council Member Silcox, the consent agenda was adopted unanimously. Res. #2909 There was presented Resolution No. 2909 canceling and changing Canceling & various dates and times of the regularly scheduled City Council Changing meetings. Council Member Haskin made a motion, seconded by Various Dates & Mayor Pro tempore McCloud, that the resolution be adopted. The Times of motion carried unanimously. Regularly Scheduled Council Mtgs. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 28, 2003 PAGE 2 of 12 OCS-1328 There was presented Mayor and Council Communication No. OCS- Claims 1328 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-13863 There was presented Mayor and Council Communication No. G- Ord. #15415 13863 from the City Manager recommending that the City Council: Ord. #15416 Building 1. Adopt Appropriation Ordinance No. 15415 increasing Renovations for estimated receipts and appropriations in the Capital Projects FW Community Reserve Fund in the amount of $50,000.00 from available Arts Center funds for the purpose of funding building renovations to the Fort Worth Community Arts Center; and 2. Authorize the transfer of $50,000.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; and 3. Adopt Appropriation Ordinance No. 15416 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $50,000.00 from available funds for the purpose of funding building renovations to the Fort Worth Community Arts Center; and 4. Approve payments to the Arts Council of Fort Worth and Tarrant County for building renovations to the Fort Worth Community Arts Center for an amount not to exceed $50,000.00. It was the consensus of the City Council that the recommendation be adopted. G-13864 There was presented Mayor and Council Communication No. G- Ord. #15417 13864 from the City Manager recommending that the City Council Fixed Based adopt Supplemental Appropriation Ordinance No. 15417 increasing Operator estimated receipts and appropriations in the Municipal Airports Activities at FW Fund in the amount of $312,959.00 from available funds for the Spinks Airport purpose of funding the Fixed Based Operator activities at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. G-13865 There was presented Mayor and Council Communication No. G- Establishment 13865 from the City Manager recommending that the City Council: Of PID #11(Stockyards) CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 28, 2003 PAGE 3 of 12 1. Find that the petition for establishment of the proposed Fort Worth Improvement District No. 11 (PID No. 11) contains sufficient signatures and meets other requirements of Chapter 372, Subchapter A, Section 372.005 of the Texas Local Government Code (the Public Improvement District Assessment Act); and 2. Direct the City Secretary to file Informal Report No. 8459 containing the information as required by Chapter 372, Subchapter A; and 3. Set February 25, 2003, 10:00 a.m. as the date and time to consider the followings matters: • The advisability of establishing the proposed district; and • The general nature of the proposed improvements and/or services; and • The estimated costs of the improvements and/or services; and • The boundaries of the proposed improvement district; and • The proposed method of assessment; and • The proposed apportionment of costs between the public improvement district and the municipality as a whole; and 4. Direct the City Secretary to give notice of the public hearing in accordance with state law. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. Mayor Barr expressed appreciation to Council Member Lane and everyone who worked untiringly on the creation of PID 11. G-13866 There was presented Mayor and Council Communication No. G- FY2002-2003 13866 from the City Manager recommending that the City Council Mid-Year Budget authorize the City Manager to submit FY2002-2003 mid-year budget Adjustment adjustment requests to the Crime Control and Prevention District Request to (CCPD) Board in the amount of $1,671,983.00 to fund a new Crime CCPD Board for Lab facility, and $120,000.00 to fund operating expenses during Crime Lab DNA certification. Council Member Silcox made a motion, Improvements seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 28, 2003 PAGE 4 of 12 G-13867 There was presented Mayor and Council Communication No. G- Ord. #15418 13867 from the City Manager recommending that the City Council: Ord. #15419 Variable Rate 1. Approve the establishment of a variable rate structure for Structure for garbage services based on cart size effective July 1, 2003; Garbage and Services 2. Approve the following rates as provided for in Section 12.5- 842, of the City Code: CART SIZE BASE RATE (Plus Sales Tax) 32 gallon $ 8.00 64 gallon $13.00 96 gallon $18.00 • Elective carryout — Base rate listed above, plus $30.00 per residential unit • Big brush and bulky call-in pickups — Four times per year at no additional cost to customer. Over four times at an additional charge of $120.00 per hour (minimum charge $30.00) • Purchase of 96-gallon yard cart - $50.00 each (No additional fee; service is included in base rate) • Disabled carryout — Base rate with no additional cost for qualifying individuals 3. Adopt Appropriation Ordinance No. 15418 increasing estimated receipts and appropriations in the Solid Waste Fund up to $317,485.00 from available funds, for the purpose of funding garbage services; and 4. Adopt Ordinance No. 15419 amending residential garbage collection fees in accordance with Section 12.5-842 of the City Code. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. P-9740 There was presented Mayor and Council Communication No. P- Roadside Flares 9740 from the City Manager recommending that the City Council authorize a purchase agreement with Orion Safety Products for roadside flares for the City of Fort Worth based on the low bid of $47.52 per case, with payment due 30 days from receipt of the invoice, freight cost included; and authorize the agreement to CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 28, 2003 PAGE 5 of 12 begin January 28, 2003, and expire January 27, 2004, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9741 There was presented Mayor and Council Communication No. P- Irrigation 9741 from the City Manager recommending that the City Council Equipment, authorize purchase agreements for irrigation equipment, parts, and Parts, & Repair repair services with multiple vendors for the Parks and Community Services Services Department based on the low bid of unit prices meeting specifications; and authorize this agreement to begin January 28, 2003, and expire January 27, 2004, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9742 There was presented Mayor and Council Communication No. P- Water Leak 9742 from the City Manager recommending that the City Council Control System authorize the purchase of a leak control system for the Water Department based on the sole bid of $145,000.00 with payment due 30 days from the date of the invoice and freight cost included in the bid. It was the consensus of the City Council that the recommendation be adopted. P-9743 There was presented Mayor and Council Communication No. P- Art Design & 9743 from the City Manager recommending that the City Council Printing approve the purchase of art design and printing services from Services Witherspoon Advertising and Public Relations for education materials for the Solid Waste Division of the Environmental Management Department at a cost not to exceed $100,869.00. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. L-13498 There was presented Mayor and Council Communication No. L- Land 13498 from the City Manager recommending that the City Council Acquisition for authorize the City Manager to purchase approximately 26 acres of Development of land in the amount of $105,347.32 from Zena Land Development for Mallard Cove acquisition of Mallard Cove Park and to enter into an Option Park Agreement for future land acquisition; and authorize the acceptance of approximately seven acres of land in accordance with the Neighborhood and Community Parkland Dedication Policy. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 28, 2003 PAGE 6 of 12 C-19445 There was presented Mayor and Council Communication No. C- Westhill 19445 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Westhill Inc. Construction, Inc. in the amount of $774,083.50 for 100 working days for Concrete Restoration (2003-3) at Various Locations. It was the consensus of the City Council that the recommendation be adopted. C-19446 There was presented Mayor and Council Communication No. C- Holloman 19446 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute a contract with Holloman Corporation in the amount of $819,346.51 for the construction of the Lake Worth Castle Circle Lift Station and Force Main. It was the consensus of the City Council that the recommendation be adopted. C-19447 There was presented Mayor and Council Communication No. C- Ord. #15420 19447 from the City Manager recommending that the City Council: Amendment #1 — RJN Group, Inc. 1. Authorize the transfer of $226,319.00 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15420 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $226,319.00 from available funds for the purpose of funding Amendment No. 1 with RJN Group, Inc. for the Main 189 Drainage Area Sanitary Sewer Evaluation Study and Improvements; and 3. Authorize the City Manager to execute Amendment No. 1 with RJN Group, Inc. for the Main 189 Drainage Area Sanitary Sewer Evaluation Study and Improvements, thereby increasing the amounts of the agreement by $226,319.00, from $981,374.00 to $1,207,693.00. It was the consensus of the City Council that the recommendation be adopted. C-19448 There was presented Mayor and Council Communication No. C- Ord. #15421 19448 from the City Manager recommending that the City Council: Amendment No. 1 —Wade & 1. Authorize the transfer of $298,915.00 from the Water and Associates, Inc. Sewer Operating Fund to the Sewer Capital Project Fund; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 28, 2003 PAGE 7 of 12 2. Adopt Appropriation Ordinance No. 15421 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $298,915.00 from available funds for the purpose of funding Amendment No. 1 with Wade and Associates, Inc. for the Main 286 and CDSL32T Drainage Areas Sanitary Sewer Evaluation Study and Improvements; and 3. Authorize the City Manager to execute Amendment No. 1 with Wade & Associates, Inc. for the Main 286 and CDSL32T Drainage Areas Sanitary Sewer Evaluation Study and Improvements, thereby increasing the amount of the agreement by 298,915.00, from $998,881.00 to $1,297,796.00. It was the consensus of the City Council that the recommendation be adopted. C-19449 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-19449, Provision of Hepatitis A Vaccinations Two Weeks for Firefighters, Police Officers and Other At-Risk Employee Groups, be continued for two weeks. C-19450 There was presented Mayor and Council Communication No. C- Ord. #15422 19450 from the City Manager recommending that the City Council: MAXIMUS 1. Authorize the City Manager to negotiate and execute an agreement with MAXIMUS for the purchase of a case management and electronic document management system for Municipal Court for an amount not to exceed $2.8 million; and 2. Authorize the City Manager to enter into Phase I of the case management and electronic document management system agreement for an amount not to exceed $1,380,000.00; and 3. Adopt Appropriation Ordinance No. 15422 increasing estimated receipts and appropriations in the Special Trust Fund in an amount of $1,080,000.00 from available funds for the purpose of funding a case management and electronic document management system for the Municipal Court. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 28, 2003 PAGE 8 of 12 C-19451 There was presented Mayor and Council Communication No. C- Ord. #15423 19451 from the City Manager recommending that the City Council: Ord. #15424 TxDOT 1. Authorize the City Manager to execute an advance funding agreement with the Texas Department of Transportation (TxDOT) for upgrading the bridge railings on new bridges being constructed over IH-30 at Beach Street and Oakland Boulevard in the amount of$376,000.00; and 2. Adopt Appropriation Ordinance No. 15423 increasing the estimated receipts and appropriations in the Special Assessments Fund in the amount of $376,000.00 from available funds for the purpose of funding an agreement with the Texas Department of Transportation to upgrade the bridge railings on new bridges being constructed over IH-30 at Beach Street and IH-30 at Oakland Boulevard; and 3. Authorize the transfer of $376,000.00 from the Special Assessments Fund to the Street Improvements Fund; and 4. Adopt Appropriation Ordinance No. 15424 increasing the estimated receipts and appropriations in the Streets Improvements Fund in the amount of $376,000.00 from available funds for the purpose of funding an agreement with the Texas Department of Transportation to upgrade the bridge railings on new bridges being constructed over IH-30 at Beach Street and IH-30 at Oakland Boulevard. Council Member Picht made a motion that the recommendation be denied. The motion failed for lack of a second. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Wentworth, and Davis NOES: Council Member Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 28, 2003 PAGE 9 of 12 C-19452 There was presented Mayor and Council Communication No. C- Interstate 19452 from the City Manager recommending that the City Council Industrial authorize the City Manager to enter into a lease agreement with Properties, L.P. Interstate Industrial Properties, L.P. for property located at 2201 West Broadway Avenue for the Code Compliance Department Clean City Initiative Team; and authorize a five-year term lease agreement, contingent upon funds being appropriated in each of the five years, with renewal of the lease as necessary for up to two successive five-year terms. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. C-19453 There was presented Mayor and Council Communication No. C- Continued for 19453 from the City Manager recommending that the City Council One Week authorize the City Manager to execute an Economic Development Program Agreement with So7#1, L.P. governing the obligations of both the City and So7#1, L.P. with respect to the development of the South of Seventh Project; and authorize the expenditure of no more than $145,000.00 in City funds for projects related to this agreement. Council Member Davis made a motion, seconded by Council Member Picht, that the recommendation be continued for one week. The motion carried unanimously. C-19454 There was presented Mayor and Council Communication No. C- Continued for 19454 from the City Manager recommending that the City Council One Week authorize the City Manager to execute an Enhanced Community Facilities Agreement in the amount of $940,000.00 with So7#1, L.P. for the installation of community facilities for the South of Seventh Addition. Council Member Davis made a motion, seconded by Council Member Picht, that the recommendation be continued for one week. The motion carried unanimously. C-19455 There was presented Mayor and Council Communication No. C- Continued for 19455 from the City Manager recommending that the City Council One Week adopt a resolution affirming that the private developer commitments required by the Transportation-Land Use Joint Venture Program have been met for the South of Seventh Development Project; requesting that the North Central Texas Council of Governments (NCTCOG) place the South of Seventh Project in the Statewide Transportation Improvement Plan (STIP); and authorizing the City Manager to execute a grant agreement with the Texas Department of Transportation (TxDOT) related to the South of Seventh Development Project; and authorize the NCTCOG to place this project in the STIP; and authorize the City Manager to CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 28, 2003 PAGE 10 of 12 enter into a Transportation Land-Use Joint Venture Grant Agreement with TxDOT, contingent upon a finalized agreement with So7#1, L.P. for the local match. Council Member Davis made a motion, seconded by Council Member Picht, that the recommendation be continued for one week. The motion carried unanimously. Public Hearing It appeared that the City Council, at its meeting of January 7, 2003, 2700 Pearl continued the public hearing for the Appeal of the Order of the Avenue & Rear Building Standards Commission regarding 2700 Pearl Avenue and Structure rear structure. Mayor Barr asked if there was anyone present HS-82-222 desiring to be heard. Mr. Carl Smart, Code Compliance Director, appeared before Council, gave a staff report, and requested that Council uphold the decision of the Building Standards Commission by assessing a civil penalty of$9,150.00. Council Member Picht excused himself from the table at this time. Sid Anthony Mr. Sid Anthony, P.O. Box 829, Azle, Texas, appeared before Council in opposition of the civil penalty. He expressed appreciation for the indulgence provided him by the Building Standards Commission and City Council during this process. He added that the house was ready to sell and that payment of the civil penalty would cause a financial hardship. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 2700 Pearl Avenue and rear structure, Council Member Lane made a motion, seconded by Council Member Moss, that the public hearing be closed and that Council reduce the civil penalty to $1,500.00. The motion carried unanimously. Public Hearing It appeared that the City Council, at its meeting of November 26, 3121 2002, continued the public hearing for the Appeal of the Order of Honeysuckle the Building Standards Commission regarding 3121 Honeysuckle Avenue aka Avenue aka 1605 Bolton Street and rear structure. Mayor Barr 1605 Bolton asked if there was anyone present desiring to be heard. Street & Rear Structure Mr. Carl Smart, Code Compliance Director, appeared before Council and stated that the applicant desired to withdraw his appeal. He requested that Council uphold the decision of the Building Standards Commission by assessing a civil penalty of $2,360.00. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 28, 2003 PAGE 11 of 12 There being no one present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 1605 Bolton Street and rear structure, Council Member Haskin made a motion, seconded by Council Member Davis, that the public hearing be closed and that Council uphold the decision of the Building Standards Commission by assessing a civil penalty of$2,360.00. The motion carried unanimously. ZC-02-292 It appeared that the City Council, at its meeting of January 14, Ord. #15425 2003, continued the hearing of the application of Hunter Ferrell Approved Associates, LP for a change in zoning of property located at the future southwest corner of Trinity Boulevard and Riverpark Street from "A-5" One-Family to "J" Medium Industrial, Zoning Docket No. ZC-02-292. Mayor Barr asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the recommended changes, Council Member Moss made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-02-292 be approved, and the following ordinance be adopted: ORDINANCE NO. 15425 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 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. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 28, 2003 PAGE 12 of 12 Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:00 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Werthmann et al v. City of Fort Worth, Cause No. 48- 196447-02; and b) Legal issues concerning the purchase of cleaning equipment for the Public Events Department (Bid No. 02-0172); and c) Legal issues concerning any City Council agenda item; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 11:25 p.m. Adjournment There being no further business, the meeting was adjourned at 11:25 p.m. CITY S ETARY MAYOR