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HomeMy WebLinkAbout2003/05/20-Minutes-City Council CITY COUNCIL MEETING MAY 20, 2003 Date & Time On the 20th day of May, 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, 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 Dr. Gregory H. Kimble, Historic Allen Chapel AM E. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of May 13, 2003, were approved unanimously. Mayor Kenneth Barr and Council Member Jeff Wentworth briefly addressed the audience, recognized their families, and expressed appreciation to staff and supporters. The members of the City Council and citizens presented Mayor Barr and Council Member Wentworth with rocking chairs and various gifts as they wished them the best in their new endeavors. Administration City Secretary Gloria Pearson administered the oaths of office to of Oath of Office Mayor Elect Mike Moncrief and Council Members Elect Jim Lane, to Mayor & City Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, John Council Stevenson, Ralph McCloud and Wendy Davis. Mayor Mike Moncrief and the newly elected and re-elected Council Members made remarks at this time. Election of Council Member Silcox made a motion, seconded by Council Mayor Pro Member Davis, that Ralph McCloud be elected as Mayor Pro tempore tempore. The motion carried unanimously. Recessed/ Mayor Moncrief recessed the meeting at 11:30 a.m. and Reconvened reconvened it at 12:14 a.m., with Council Member Davis temporarily absent. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Moss, the consent agenda was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 20, 2003 PAGE 2 of 11 OCS-1349 There was presented Mayor and Council Communication No. OCS- Claims 1349 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-1350 There was presented Mayor and Council Communication No. OCS- Res. #2943 1350 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2943 setting the regular zoning Zoning Hearing hearing for June 10, 2003. Council Member Moss made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. G-13972 There was presented Mayor and Council Communication No. G- Res. #2944 13972 from the City Manager recommending that the City Council: Employ William 1. Retain Mr. William H. Millard, Jr. and the law firm Bracewell Millard, Jr. & & Patterson as outside counsel under Section 3, Chapter VI Law firm of the City Charter, to assist the City Attorney in Bracewell & representing the City in the case of Fort Worth & Western Patterson as Railroad Company v. City of Fort Worth, Texas, Case No. 4- Outside Legal 03CV-319-Y; and Counsel — Fort Worth & 2. Adopt Resolution No. 2944 fixing in advance, as far as Western practicable, the sum to be paid William H. Millard, Jr. for his Railroad services in an amount not to exceed $44,000.00. Company v. City It was the consensus of the City Council that the recommendation of Fort Worth, be adopted. Texas, Case #4-03CV-319-Y G-13973 There was presented Mayor and Council Communication No. G- Settlement of 13973 from the City Manager recommending that the City Council: Lawsuit— 1. Approve the settlement of lawsuit entitled LaCresha Neal, LaCresha Neal, Jarmon Smith and Dameron Hobdy, Individually and as Jarmon Smith & Representative of the Estate of Jane Neal vs. City of Fort Dameron Hobdy, Worth, Texas, Cause No. 342-192029-02; and Individually & as Representative 2. Authorize the payment of $230,000.00 in settlement of the of Estate of Jane referenced lawsuit; and Neal vs. City of 3. Authorize the appropriate City personnel to execute any Fort Worth, release and agreement necessary to complete the Texas, Cause settlement. #342-192029-02 It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 20, 2003 PAGE 3 of 11 G-13974 There was presented Mayor and Council Communication No. G- Res. #2945 13974 from the City Manager recommending that the City Council: Employ Richard H. Streeter as 1. Retain Mr. Richard H. Streeter as outside counsel under Outside Legal Section 3, Chapter VI of the City Charter, to assist the City Counsel — Fort Attorney in representing the City in the case of Fort Worth & Worth & Western Railroad Company v. City of Fort Worth, Texas, Western Case No. 4-03CV-319-Y; and Railroad Company v. City 2. Adopt Resolution No. 2945 fixing in advance, as far as of Fort Worth, practicable, the sum to be paid Richard H. Streeter for his Texas, Case services in an amount not to exceed $6,000.00. #4-03CV-319-Y It was the consensus of the City Council that the recommendation be adopted. G-13975 There was presented Mayor and Council Communication No. G- Ord. #15560 13975 from the City Manager recommending that the City Council Transfer Funds adopt Supplemental Appropriation Ordinance No. 15560 increasing for Insured estimated receipts and appropriations in the Insurance Fund in the Property & amount of $99,649.96 from available funds due to subrogation and Liability Losses recovery from commercial insurance coverage, for the purpose of funding insured property and liability losses; and authorize the transfer of $143,920.75 from the Insurance Fund to various funds as listed on the table. It was the consensus of the City Council that the recommendation be adopted. P-9794 There was presented Mayor and Council Communication No. P- OEM Dresser 9794 from the City Manager recommending that the City Council Roots authorize a sole source purchase agreement with Roots, Dresser Centrifugal Inc. for OEM (original equipment manufacturer) Dresser Roots Blower, Parts & centrifugal blowers, parts and repair service for the Water Repair Service Department based on the discounts and hourly rates with payment due 30 days from the date of the invoice, with freight prepaid and added to the invoice; and authorize this agreement to begin May 20, 2003, and expire May 19, 2004, with options to renew for two successful one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-13558 There was presented Mayor and Council Communication No. L- Accept 13558 from the City Manager recommending that the City Council Dedication Deed approve the acceptance of a dedication deed for property described as A-4571, John Edmonds Survey, Tarrant County, Texas, from AIL Investment, LP, located north of Wall-Price Keller CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 20, 2003 PAGE 4 of 11 Road and west of Corral Drive and needed for the purpose of installing a storm sewer to serve Kingsridge Addition (DOE 3819) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13559 There was presented Mayor and Council Communication No. L- Lease Septic 13559 from the City Manager recommending that the City Council Drain-Field authorize approval of a lease agreement for a septic drain-field lease with John and Linda Glover for City-owned Lake Worth property Lot 33B, Block 20 (9428 Watercress Drive) for a term of five years with the option to extend the agreement for another five- year term, commencing on February 1, 2003, and ending January 31, 2008, for an annual lease rate of $280.00. It was the consensus of the City Council that the recommendation be adopted. L-13560 There was presented Mayor and Council Communication No. L- Temporary 13560 from the City Manager recommending that the City Council Sanitary Sewer authorize acquisition of one temporary sanitary sewer easement Easement described as part of Block C, and part of Lot 7, Block 3, T. E. Lewis Addition from Helen M. Kearley necessary for the maintenance of an existing sanitary sewer line, which serve Mrs. Kearley's property at 4300 Kenwood Court, along some adjacent commercial properties that front Lancaster Avenue in east Fort Worth for the use and passage of, over and across, a 15-foot wide parcel located near Kenwood Court in east Fort Worth (DOE 3730) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13561 There was presented Mayor and Council Communication No. L- Reinstate 13561 from the City Manager recommending that the City Council Canceled Lake approve the reinstatement of canceled Lake Worth lease Worth Lease agreement for property described as Lot 17, Block 31 (8336 Shoreview Drive) (reassigned from Lot 17R, Block 31, 8337 Shoreview Drive, Lake Worth Lease Survey); and authorize the City Manager to execute the appropriate documents. It was the consensus of the City Council that the recommendation be adopted. L-13562 There was presented Mayor and Council Communication No. L- Amend Lease 13562 from the City Manager recommending that the City Council for Office Space authorize the City Manager to execute an amendment lease with Monroe Street Professional Building, limited for office space located at 900 Monroe Street for the Economic and Community Development Department. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 20, 2003 PAGE 5 of 11 L-13563 There was presented Mayor and Council Communication No. L- Lease City- 13563 from the City Manager recommending that the City Council Owned Lake authorize the approval of a lease agreement with Billie M. Nichols Worth Property for City-owned Lake Worth lease property described as Lot 16, Block 21 (9716 Watercress Drive) for a term of five years with an option to extend the agreement for another five-year term, commencing on May 1, 2003, and ending on April 30, 2008, at an initial annual lease rate of $1,060.00. It was the consensus of the City Council that the recommendation be adopted. L-13564 There was presented Mayor and Council Communication No. L- Avigation 13564 from the City Manager recommending that the City Council Easement authorize the acceptance of an avigation easement described as Lot 17, Block 76 (3014 Refugio Avenue), M. G. Ellis Addition from Pado Corporation for the Fort Worth Meacham International Airport Noise Mitigation Program (DOE 3932) for a cost of $1.00; and authorize the acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13565 There was presented Mayor and Council Communication No. L- Lease City- 13565 from the City Manager recommending that the City Council Owned Lake authorize the approval of a lease agreement with Jack L. and Worth Property Florence S. Wade for City-owned Lake Worth lease property described as Lot 14, Block 9 (4244 Lakewood Drive) for a term of five years with the option to extend the agreement for another five- year term, commencing on February 1, 2003, and ending on January 31, 2008, for an annual lease rate of $789.30. It was the consensus of the City Council that the recommendation be adopted. PZ-2479 There was presented Mayor and Council Communication No. PZ- Ord. #15561 2479 from the City Manager recommending that the City Council Street & Alley adopt Ordinance No. 15561 vacating a 63.86 foot wide by Vacations approximately 341.80 foot long, portion of Lipscomb Street VA-99-020 bounded on the west by Lot R-9R, Block 16, Stone's Subdivision of the Field-Welch Addition, Tarrant County, Texas; on the east by Lot R-1-R, Block 17, of Glendale Subdivision of the Field-Welch Addition, Tarrant County, Texas; on the south by Lipscomb Street as vacated by City Ordinance No. 13835; and on the north by a line extending from southeast corner of the tract of land conveyed to the Texas Department of Transportation, Tarrant County, Texas, to the southwest corner of a tract of land conveyed to the Texas Department of Transportation, Tarrant County, Texas; and two CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 20, 2003 PAGE 6 of 11 alleys, of which one is 11 feet wide by 362.36 feet long, and the other being 11 feet wide by 383 feet long, located in the Glendale Subdivision of Block 17 of the Field Welch Addition, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2480 There was presented Mayor and Council Communication No. PZ- Timetable for 2480 from the City Manager recommending that the City Council Voluntary approved the annexation timetable for the proposed voluntary Annexation of annexation of approximately 110.224 acres of land located north of 110.244 Acres of SH114, west of FM156, and south of Sam Reynolds Road (AX-03- Land Located 0003, Harriet Creek Ranch) in order to annex the subject property North of SH114, West of FM156, & in compliance with the requirements of Chapter 43 of the Local South of Sam Government Code of the State of Texas; and direct staff to prepare Reynolds Road a service plan that provides for the extension of full municipal AX-03-0003, services to the annexed area. Council Member Silcox made a Harriet Creek motion, seconded by Council Member Haskin, that the Ranch recommendation be adopted. The motion carried unanimously. Council Member Davis assumed her chair at this time. PZ-2481 There was presented Mayor and Council Communication No. PZ- Res. #2946 2481 from the City Manager recommending that the City Council 5t" Amendment to approve Resolution No. 2946 adopting the fifth amendment to the Annexation Plan City's annexation plan to remove approximately 21 acres of land to Remove 21 out of M.E.P. and P.R.R. Company Survey, Abstract No. 1132, Acres Out of Tarrant County, Texas, located in the 287 Zone. Council Member M.E.P. and P.R.R. Picht made a motion, seconded by Council Member Lane, that the Company Survey Company recommendation be adopted. The motion carried unanimously. PZ-2482 There was presented Mayor and Council Communication No. PZ- Institute 2482 from the City Manager recommending that the City Council: Annexation for Full Purposes of 1. Institute the annexation, for full purposes, of Sendera Ranch 801 Acres East, consisting of approximately 801 acres of land located Located North of north of Avondale Haslet Road, east of Sendera Ranch, Avondale Haslet south of John Day Road and west of FM156; and Road, East of Sendera Ranch, 2. Consider the adoption of an ordinance annexing Sendera South of John Day Ranch East, consisting of approximately 801 acres of land Road, &West of located north of Avondale Haslet Road, east of Sendera FM156 (Sendera Ranch, south of John Day Road, and west of FM156. Ranch East) Mr. Bob Riley, Development Director, appeared before City Council AX-03-0001 and Continue adoption and advised Council that they should institute annexation of Ordinance for proceedings, but that adoption of the ordinance should be One Week continued until May 27, 2003. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 20, 2003 PAGE 7 of 11 Council Member Lane made a motion, seconded by Council Member Moss, that Council institute the annexation and that adoption of the ordinance be continued for one week. The motion carried unanimously. C-19593 There was presented Mayor and Council Communication No. C- Day Resource 19593 from the City Manager recommending that the City Council Center authorize the City Manager to execute an agreement with the Day Resource Center for the Homeless for security in an amount not to exceed $30,000.00 with an effective date on or after June 1, 2003, subject to receipt of grant funding. It was the consensus of the City Council that the recommendation be adopted. C-19594 There was presented Mayor and Council Communication No. C- Steak `n Shake, 19594 from the City Manager recommending that the City Council Inc. authorize the City Manager to enter into a consent agreement with Steak `n Shake, Inc., authorizing use of the right-of-way for the installation of a retaining wall at 5020 Overton Ridge Boulevard. It was the consensus of the City Council that the recommendation be adopted. C-19595 There was presented Mayor and Council Communication No. C- Texas Wesleyan 19595 from the City Manager recommending that the City Council University authorize the City Manager to enter into a consent agreement with Texas Wesleyan University authorizing use of the right-of-way for installation of underground conduits. It was the consensus of the City Council that the recommendation be adopted. C-19596 There was presented Mayor and Council Communication No. C- Zquare Italian- 19596 from the City Manager recommending that the City Council Sundance, authorize the City Manager to enter into a consent agreement with Limited Zquare Italian-Sundance, Limited, authorizing use of the right-of- way for a sign for Zoe Restaurant at 450 Throckmorton Street. It was the consensus of the City Council that the recommendation be adopted. C-19597 There was presented Mayor and Council Communication No. C- APAC-Texas, 19597 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with APAC-Texas, Inc. in the amount of $1,129,709.00 for 90 working days for Hot Mix Asphaltic Concrete (HMAC) Surface Overlay 2003-11 at Various Locations. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 20, 2003 PAGE 8 of 11 C-19598 There was presented Mayor and Council Communication No. C- Ord. #15562 19598 from the City Manager recommending that the City Council: Change Order#1 to CSC #28176 Order — 1. Authorize the transfer of $131,887.50 from the Water and M. E. Burns Sewer Operating Fund to the Water Capital Project Fund in Construction, the amount of $20,390.00, and the Sewer Capital Project Inc. Fund in the amount of $111,497.50; and 2. Adopt Appropriation Ordinance No. 15562 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $20,390.00 and the Sewer Capital Project Fund in the amount of $111,497.50 from available funds for the purpose of funding Change Order No. 1 to City Secretary Contract No. 28176 with M. E. Burns Construction, Inc. for additional and increased pay item quantities; and 3. Authorize the City Manager to execute Change Order No. 1 to City Secretary Contract No. 28176 with M. E. Burns Construction, Inc. in the amount of $131,887.50 for additional and increased pay item quantities, increasing the contract amount to $809,302.00. It was the consensus of the City Council that the recommendation be adopted. C-19599 There was presented Mayor and Council Communication No. C- Ord. #15563 19599 from the City Manager recommending that the City Council: William J. 1. Authorize the transfer of $1,264,104.00 from the Water and Schultz, Inc. Schultz, "C„ Sewer Operating Fund to the Water Capital Project Fund; Construction and Company 2. Adopt Appropriation Ordinance No. 15563 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $1,264,104.00 from available funds, for the purpose of funding a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company for Water Main Replacements Contract 2003A "MWR2003A"; and 3. Authorize the City Manager to execute a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the amount of $1,149,185.00 for the Water Main Replacements Contract 2003A "MWR2003A". It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 20, 2003 PAGE 9 of 11 C-19600 There was presented Mayor and Council Communication No. C- Carter & 19600 from the City Manager recommending that the City Council Burgess, Inc. authorize the City Manager to execute an engineering services contract with Carter & Burgess, Inc. for the Alliance Airport Taxiway "H" repair in the amount of $19,490.87. It was the consensus of the City Council that the recommendation be adopted. Zoning Hearing It appeared to the City Council that Notice of Public Hearing set today as the date for the hearing in connection with the recommended changes and amendments of Zoning Ordinance No. 13896, and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth on May 2, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. The following individuals appeared and expressed opposition to Zoning Docket No. ZC-03-099: TyRonne Bush 12608 Sweet Bay Drive Robyn North 3646 Crowberry Way Scott Soutdarany 2642 Crowberry Way ZC-03-099 Council Member Moss made a motion, seconded by Council Continued for Member Silcox, that the application of CTC Transportation, Jim One Week Walker LLC for a change in zoning of property located at 3540 and 3550 Euless South Main from "PD/SU Number 43 Planned Development/Specific Use for petroleum supply distribution to "PD/SU" Planned Development/Specific Use for trucking transport including outdoor equipment storage incidental to trucking operations, trucks limited to a maximum length of 50 feet, length of trucks may be increased subject to improvement of intersection of Trinity Boulevard and Euless South Main Street by applicant, with site plan required, Zoning Docket No. ZC-03-099, be continued for one week. The motion carried unanimously. ZC-03-112 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of T&P Partners Ltd. for a change in zoning of property located at 221 Lancaster Avenue from "J/DD" Medium Industrial/Demolition Delay to "H/DD" Central Business/Demolition Delay, Zoning Docket No. ZC-03-112, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 20, 2003 PAGE 10 of 11 ZC-03-113 Council Member Moss made a motion, seconded by Council Approved Member Davis, that the application of the Planning Department for a change in zoning of property located in the 6200-6800 blocks of East Lancaster Avenue, 3100 blocks of Handley Drive, Forest Avenue and Erie Street, 3116 Haynie Street, and 3126 Hunter Street from "B" Two-Family, "E" Neighborhood Commercial, "ER" Neighborhood Commercial Restricted, "F" General Commercial, "F/HC" General Commercial/Historic and Cultural Landmark and "I" Light Industrial to "MU-1" Mixed-Use and "MU-1/HC" Mixed- Use/Historic and Cultural Landmark, Zoning Docket No. ZC-03-113, be approved. The motion carried unanimously. ZC-03-137 Council Member Picht made a motion, seconded by Council Approved Member Lane, that the application of Lumbermen's Investment Corporation for a change in zoning of property located southwest of 1-35 and McPherson from "AG" Agricultural and "I" Light Industrial to "A-5" One-Family, Zoning Docket No. ZC-03-137, be approved. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Moss made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15564 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 MAY 20, 2003 PAGE 11 of 11 Citizen Mr. Chip Diano, 554 S. Summit Avenue, #1010, appeared before Presentations Council and expressed congratulations to the newly seated Chip Diano Council, announced that May was Mental Health Month and stated that as the Council dealt with budget, transportation, and tourism issues, they should also be mindful of the air quality issue. Opal Lee Mrs. Opal Lee, 417 Judkins, appeared before Council and advised them that she met with Ms. Oprah Winfrey and that Ms. Winfrey was unable to attend this year's celebration but requested Council to consider partnering with the Juneteenth Committee in order to secure Ms. Winfrey's attendance at some future Juneteenth Celebration in Fort Worth. Adjournment There being no further business, the meeting was adjourned at 12:39 p.m. "L. ?, - CITY SrtittfARY MAYOR