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HomeMy WebLinkAbout2003/01/21-Minutes-City CouncilCITY COUNCIL MEETING JANUARY 21, 2003 Date & Time On the 21St day of January, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:10 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, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Clyde Picht was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Minister A. L. Holmes, Mount Nebo Missionary Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Wentworth, seconded by Council Member Silcox, the minutes of the regular meeting of January 14, 2003, were approved unanimously. Announcements Mayor Pro tempore McCloud invited interested citizens to attend a Mixed -Use Growth and Urban Village conference at Botanic Gardens, Thursday, January 23, 2003, from 8:00 a.m. to 3:00 p.m. Mayor Barr suggested that the item regarding the Beechwood Business Park Joint Venture relative to the zoning of property located at the southeast corner of State Highway 114 and FM 156 from "K" Heavy Industrial to "R-2" Townhouse/Cluster Residential, "G" Intensive Commercial and "A-5" One -Family, Zoning Docket No. ZC-02-271 be heard at this time. Susan Mead Ms. Susan Mead, 201 Main St., Ste 600, appeared before Council and clarified information relative to the noise release and avigation easements, deed restrictions language, and construction material specifications. She further stated that the agreement protected future use of the railroad, airport, speedway as well as all of the other affected tenants included in the prepared documents. City Attorney Yett advised Council that they had the avigation easement and were working on the remaining documents. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. C-19432 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 21, 2003 PAGE 2 of 12 Consent Agenda On motion of Member Haskin, unanimously. Council Member Silcox, seconded by Council the consent agenda, as amended, was adopted Appointments Council Member Haskin made a motion, seconded by Council Member Davis, that Charles Edmonds, Jr. be appointed to Place 4 on the City Plan Commission, effective January 21, 2003, with a term of expiration of October 1, 2004. The motion carried unanimously. Res. #2903 There was presented Resolution No. 2903 supporting Tarrant Delay Sale of County's request to the Texas Parks & Wildlife Department to delay Eagle Mountain sale of Eagle Mountain Lake State Park. Council Member Silcox Lake State Park made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. OCS-1326 There was presented Mayor and Council Communication No. OCS- Claims 1326 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. OCS-1327 There was presented Mayor and Council Communication No. OCS- Res. #2904 1327 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2904 setting the regular zoning Zoning Hearing hearing for February 11, 2003. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-13855 There was presented Mayor and Council Communication No. G - Ord. #15408 13855, dated January 14, 2003, from the City Manager Ord. #15409 recommending that the City Council: Res. #2905 Application for 1. Authorize the City Manager to apply for and accept, if 2003 Texas awarded, up to $2,500,000.00 from the Texas Parks and Parks & Wildlife Wildlife Department for the development of recreational Regional Park facilities and ecosystem restoration in the area of the Grant Gateway Park Trinity River Oxbow; and 2. Adopt Appropriation Ordinance No. 15408 increasing appropriations in the General Fund by $164,984.00 and decreasing the Undesignated, Unreserved Fund by balance by $164,984.00 for the purpose of funding the City's matching portion of the Texas Recreation and Parks Account (TRPA) Regional Park Grants Program; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 21, 2003 PAGE 3 of 12 3. Approve the transfer of $829,080.00 from the Park and Recreation Improvements Projects Fund, $243,436.00 from the Community Development Block Grant Fund, and $164,984.00 from the Capital Projects Reserve Fund as the City's matching portion of this grant; and 4. Authorize the City Manager to accept $25,000.00 from Streams and Valleys, Inc. as part of the local private sector participation in the match; and 5. Authorize the City Manager to accept $1,237,500.00 from the Tarrant Regional Water District as part of the matching funds for this project; and 6. Adopt Appropriation Ordinance No. 15409 increasing estimated receipts and appropriations in the Grants Fund in the amount of $5,000,000.00 from available funds, contingent upon grant receipt for the purpose of funding the development of recreational facilities and ecosystem restoration in the area of the Gateway Park Trinity River Oxbow; and 7. Adopt Resolution No. 2905 designating officials as being responsible for the applicant in dealing with Texas Parks & Wildlife, for the purpose of participating in the Texas Recreation and Parks Account Regional Grants Program; certifying that the applicant is eligible to receive program assistance; certifying that the applicant's matching share is readily available; and dedicating the proposed site for permanent public park and recreational services. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-13857 There was presented Mayor and Council Communication No. G - Res. #2906 13857 from the City Manager recommending that the City Council Nuisance authorize the City Attorney to file a nuisance abatement lawsuit Abatement pursuant to Chapter 125 of the Texas Practice and Remedies Code Lawsuit Against against John K. Baker, the owner of the Spring Chase Apartments John K. Baker, at 2201 East Berry Street. The Spring Chase Apartments at 2201 Owner of Spring East Berry Street is an alleged common nuisance under the law, Chase Apts. At since it is habitually used for criminal activity as defined in Chapter 2201 E. Berry 125 of the Texas Civil Practice and Remedies Code. This is Street evidenced by the criminal violation and the final convictions that CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 21, 2003 PAGE 4 of 12 have occurred on the subject property; and adopt Resolution No. 2906 authorizing the City Attorney to file a lawsuit to abate the common or public nuisance at the Spring Chase Apartments at 2201 East Berry Street. It was the consensus of the City Council that the recommendation be adopted. G-13858 There was presented Mayor and Council Communication No. G - Res. #2907 13858 from the City Manager recommending that the City Council Nuisance the City Attorney to file a nuisance abatement lawsuit, pursuant to Abatement Chapter 125 of the Texas Practice and Remedies Code, against D. Lawsuit Against K. Bullock, the owner of 805 St. Louis Avenue. 805 St. Louis D. K. Bullock, Avenue is an alleged common nuisance under the law since it is Owner of 805 St. habitually used for criminal activity as defined in Chapter 125 of Louis Avenue the Texas Civil Practice and Remedies Code. This is evidenced by the criminal violations and the final convictions that have occurred on the subject property; and adopt Resolution No. 2907 the City Attorney to file a lawsuit to abate the common or public nuisance at 805 St. Louis Avenue. It was the consensus of the City Council that the recommendation be adopted. G-13859 There was presented Mayor and Council Communication No. G - Temporary 13859 from the City Manager recommending that the City Council Street Closure approve the request of Colonial Country Club to temporarily close During Bank of the following streets during the Bank of America Colonial Golf America Tournament, May 19, 2003, through May 25, 2003: Colonial Golf Tournament for 0 3700 Block of Country Club Circle; and Year 2003 0 3700, 3800, and 3900 Blocks of Mockingbird Lane including Mockingbird Court; and • 3600 and 3700 Blocks of Cantey Street between Highview Terrace West to the T.C.U. parking lot; and • 2000 Blocks of Rogers Avenue from Riverfront Drive to Colonial Parkway. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing on request for variance from Section 4-4 of the City Code to allow the sale of alcoholic beverages at 1800 Evans Avenue. Mayor Barr asked if there was anyone present desiring to be heard. Ms. Sarah Fullenwider, Assistant City Attorney, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13860, as follows: G-13860 Variance from Section 4-4 of City Code Prohibiting Sale of Alcoholic Beverages at 1800 Evans Avenue CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 21, 2003 PAGE 5 of 12 There was presented Mayor and Council Communication No. G- 13860 from the City Manager recommending that the City Council consider the request that was resubmitted by Mr. Bill J. Hadley for property located at 1800 Evans Avenue for a variance from Section 4-4 of the City Code prohibiting the sale of alcoholic beverages within 300 feet of a church. City Attorney Yett advised Council that they had received a request for continuance from the applicant. Nehemiah Davis Rev. Nehemiah Davis, 1801 Evans Avenue, appeared before City Council and stated that the church was attempting to negotiate purchase of the property with Mr. Hadley and assist him in relocating his business to a more suitable location. Julius Jackson, Rev. Julius Jackson, Jr., 2712 S. Freeway, appeared before Council Jr. and expressed opposition to the variance being granted to allow alcohol sales at 1800 Evans Avenue. G-13861 Ord. #15410 Monetary Donation from Once Upon a Time for Purchase of Bullard Thermal Imager Camera There being no one else present desiring to be heard in connection with the request for variance from Section 4-4 of the City Code to allow sale of alcoholic beverages at 1800 Evans Avenue, Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the public hearing and Mayor and Council Communication No. G-13860 be continued until March 18, 2003. The motion carried unanimously. There was presented Mayor and Council Communication No. G- 13861 from the City Manager recommending that the City Council: 1. Accept a monetary donation in the amount of $17,000.00 from Once Upon a Time; and 2. Adopt Supplemental Appropriation Ordinance No. 15410 increasing estimated receipts and appropriations in the General Fund in the amount of $17,000.00 from available funds, for the purpose of funding the purchase of one Bullard Thermal Imaging Camera from Four Alarm Fire Equipment for the Fire Department; and 3. Authorize the purchase of one Bullard Thermal Imaging Camera from Four Alarm Fire Equipment in the amount of $17,000.00 for the Fire Department on the basis of documented sole source with payments due 30 days from the date of the invoice. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 21, 2003 PAGE 6 of 12 Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted with great appreciation. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing concerning the designation of the Rolling Hills area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 8. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Elizee Michel, representing the Housing Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13862, as follows: G-13862 There was presented Mayor and Council Communication No. G - Res. #2908 13862 from the City Manager recommending that the City Council: Ord. #15411 Designate 1. Adopt Resolution No. 2908 to designate the Rolling Hills area Rolling Hills as a Neighborhood Empowerment Zone; and Area as FWNERZ #8 2. Hold a public hearing concerning the designation of the Rolling Hills area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 8; and 3. Adopt Ordinance No. 15411 designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 8, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing all other matters related to the Zone. There being no one present desiring to be heard in connection with the public hearing concerning the designation of the Rolling Hills area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 8, Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the public hearing be closed and that Mayor and Council Communication No. G-13862 be adopted. The motion carried unanimously. P-9737 There was presented Mayor and Council Communication No. P - Amend M&C 9737 from the City Manager recommending that the City Council P-9471 to Add authorize the amendment of Mayor and Council Communication Vendor & No. P-9471 to add Secure Commerce Systems as an additional Authorization for vendor; and authorize an increase in the agreement by $3.2 million IT Solutions to procure technology equipment, services and Department staffing/professional services using the State of Texas Cooperative CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 21, 2003 PAGE 7 of 12 Purchasing Program, raising the total authorization level to $14,775,000.00. It was the consensus of the City Council that the recommendation be adopted. P-9738 There was presented Mayor and Council Communication No. P - Library Books 9738 from the City Manager recommending that the City Council authorize sole purchase agreements for library books with multiple vendors for the Library Department. It was the consensus of the City Council that the recommendation be adopted. P-9739 There was presented Mayor and Council Communication No. P - Printing 9739 from the City Manager recommending that the City Council Services approve the purchase of printing services from Cockrell Printing Company for education materials for the Solid Waste Division of the Environmental Management Department at a cost not to exceed $85,852.00. It was the consensus of the City Council that the recommendation be adopted. L-13496 There was presented Mayor and Council Communication No. L - Permanent 13496 from the City Manager recommending that the City Council Easements approve the acceptance of eleven permanent easements from various owners for property located along Columbus Avenue (DOE 3532), necessary for the rehabilitation of sanitary sewer main M-25, for a total cost of $11.00. It was the consensus of the City Council that the recommendation be adopted. L-13497 There was presented Mayor and Council Communication No. L - Conveyance of 13497 from the City Manager recommending that the City Council Permanent authorize the conveyance of one permanent pipeline easement Pipeline described as Block 1, Abstract No. 251, J. Childress Survey, Village Easement Creek Plant Addition, to Renovar Energy Corporation for a cost of $10.00 for the installation of an underground pipe transport landfill gas from the Arlington Landfill to the Village Creek Wastewater Treatment Plant; and authorize the City Manager to execute the appropriate instrument. It was the consensus of the City Council that the recommendation be adopted. C-19431 There was presented Mayor and Council Communication No. C - Wilshire Valley 19431, dated January 14, 2003, from the City Manager Mady, L.P. recommending that the City Council authorize water and wastewater services to be provided to Wilshire Valley Addition located outside of the Fort Worth city limits; and authorize the City Manager to execute a Community Facilities Agreement with Wilshire Valley Mady, L.P. for the installation of community CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 21, 2003 PAGE 8 of 12 facilities for Wilshire Valley Addition in Fort Worth's extraterritorial jurisdiction. Council Member Haskin made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. C-19432 There was presented Mayor and Council Communication No. C - North Texas 19432 from the City Manager recommending that the City Council BOLD Initiative authorize the City Manager to renew the contract with the North Texas Business Opportunities for Leadership Diversity (BOLD) Initiative, at a cost of $25,000.00 for FY2002-2003, for the development and promotion of minorities and women in Fort Worth's corporate workforce. City Manager Jackson stated that this M&C needed to be corrected by the deletion of the sentence "Currently, Monte Elliott is serving as the Executive Director. He" and stating that "It is charged with ..." in the third paragraph under the Discussion section. Council Member Moss made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C- 19432 be adopted as corrected. The motion carried unanimously. C-19433 There was presented Mayor and Council Communication No. C - Kelly Shannon 19433 from the City Manager recommending that the City Council authorize the City Manager to enter into a consent agreement with Kelly Shannon authorizing use of the right-of-way for construction of a vehicular bridge over a public alley and installation of awnings in the right-of-way of 811 Lamar Street. It is further recommended that any future contractual assignments (to a third party) be approved by the City Manager or designated Assistant City Manager. It was the consensus of the City Council that the recommendation be adopted. C-19434 There was presented Mayor and Council Communication No. C - Freese and 19434 from the City Manager recommending that the City Council Nichols, Inc. authorize the City Manager to execute an engineering services contract with Freese and Nichols, Inc. for construction administration and inspection for west cargo taxiway improvements at Alliance Airport (DOE 3958) in the amount of $328,688.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 21, 2003 PAGE 9 of 12 C-19435 There was presented Mayor and Council Communication No. C - Change Order #2 19435 from the City Manager recommending that the City Council to CSC #27022 — authorize the City Manager to execute Change Order No. 2 to City Southland Secretary Contract No. 27022 with Southland Contracting, Inc. for Contracting, Inc. Clear Fork Parallel Relief Sanitary Sewer, Part 1, Unit 1 in the amount of $32,325.00, thereby increasing the contract amount to $848,013.00. It was the consensus of the City Council that the recommendation be adopted. C-19436 There was presented Mayor and Council Communication No. C - Ord. #15412 19436 from the City Manager recommending that the City Council: Amendment #1 to CSC #27650 — 1. Authorize the transfer of $86,307.50 from the Water and Dunaway Sewer Operating Fund to the Sewer Capital Project Fund; Associates, Inc. and 2. Adopt Appropriation Ordinance No. 15412 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $86,307.50 from available funds for the purpose of funding Amendment No. 1 to City Secretary Contract No. 27650 with Dunaway Associates, Inc. for Sanitary Sewer Rehabilitation Contract LV (55) to provide additional design and survey services; and 3. Authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 27650 with Dunaway Associates, Inc. in the amount of $86,307.50 to provide additional design and survey services, thereby increasing the contract amount to $402,097.62. It was the consensus of the City Council that the recommendation be adopted. C-19437 There was presented Mayor and Council Communication No. C - Ord. #15413 19437 from the City Manager recommending that the City Council: Wade & Associates, Inc. 1. Authorize the transfer of $304,126.00 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15413 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $304,126.00 from available funds for the purpose of funding an engineering agreement with Wade & Associates, Inc. for Sanitary Sewer Rehabilitation Contract LVI (56); and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 21, 2003 PAGE 10 of 12 3. Authorize the City Manager to execute an engineering agreement with Wade & Associates, inc. in the amount of $289,126.00 for Sanitary Sewer Rehabilitation Contract LVI (56). It was the consensus of the City Council that the recommendation be adopted. C-19438 There was presented Mayor and Council Communication No. C - Change Order #1 19438 from the City Manager recommending that the City Council to CSC #27680 — authorize the City Manager to execute Change Order No. 1 to City Stabile & Winn, Secretary Contract No. 27680 with Stabile & Winn, Inc. for Inc. Wesleyan Drive from Rosedale Street to Vickery Boulevard paving improvements in the amount of $26,057.28, thereby increasing the total contract amount to $305,027.03. It was the consensus of the City Council that the recommendation be adopted. C-19439 There was presented Mayor and Council Communication No. C - Ord. #15414 19439 from the City Manager recommending that the City Council: A.N.A. Consultants, 1. Authorize the transfer of $77,811.00 from the Water and L.L.C. Sewer Operating Fund to the Water Capital Project Fund in the amount of $54,165.00 and the Sewer Capital Project Fund in the amount of $23,646.00; and 2. Adopt Appropriation Ordinance No. 15414 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $54,165.00 and the Sewer Capital Project Fund in the amount of $23,646.00 from available funds for the purpose of funding an engineering agreement with A.N.A. Consultants, L.L.C. for Water and Sanitary Sewer Replacement Contract No. 2001 WSM-E; and 3. Authorize the City Manager to execute an engineering agreement with A.N.A. Consultants, L.L.C. in the amount of $73,811.00 for Water and Sanitary Sewer Replacement Contract No. 2001 WSM-E. It was the consensus of the City Council that the recommendation be adopted. C-19440 There was presented Mayor and Council Communication No. C - Amendment #1 19440 from the City Manager recommending that the City Council to CSC #27918 — authorize the City Manager to execute Amendment No. 1 to City A.N.A. Secretary Contract No. 27918 with A.N.A. Consultants, L.L.C. for Consultants, Water and Sanitary Sewer Replacement Contract 2002, STM -B in L.L.C. the amount of $41,204.00 to provide additional design and survey CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 21, 2003 PAGE 11 of 12 services, thereby increasing the contract amount to $149,404.00. It was the consensus of the City Council that the recommendation be adopted. C-19441 There was presented Mayor and Council Communication No. C - Carter 19441 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a contract with Carter Company Construction Company in the amount of $128,753.97 for athletic field improvements at Hallmark Park. It was the consensus of the City Council that the recommendation be adopted. C-19442 There was presented Mayor and Council Communication No. C - Terminate 19442 from the City Manager recommending that the City Council Agreement with exercise the City's right under various ordinances authorizing its JPMorgan bond issues to replace JPMorgan Chase Bank as the City's paying Chase Bank & agent with Bank One. Council Member Silcox made a motion, Execute seconded by Council Member Wentworth, that the Agreement with recommendation be adopted. The motion carried unanimously. Bank One C-19443 There was presented Mayor and Council Communication No. C - Centex Homes 19443 from the City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with Centex Homes for the installation of community facilities for Harriet Creek Ranch, Phase II. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-19444 There was presented Mayor and Council Communication No. C - City of Burleson 19444 from the City Manager recommending that the City Council Fire Department authorize the City Manager to enter into a Mutual/Automatic Aid Agreement for fire protection with the City of Burleson Fire Department. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Citizen Mrs. Sharon Armstrong, 4605 Virgil, appeared before the City Presentations Council and presented them with a copy of the Stop Six/Poly Sharon Newsletter, which highlighted the history of the area. Armstrong Executive It was the consensus of the City Council that they recess into Session Executive Session at 10:37 a.m. to: CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 21, 2003 PAGE 12 of 12 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; b) Harold Rich v. City of Fort Worth, Cause No. 236- 183638-00; c) Legal issues concerning Building Standards Commission appeal procedures; d) Legal issues concerning the purchase of cleaning equipment for the Public Events Department (Bid No. 02-0172); e) 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 12:12 p.m. Adjournment There being no further business, the meeting was adjourned at 1 •12 p.m. C(1Y,Aff6RETARY MAYOR