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HomeMy WebLinkAbout2003/07/22-Minutes-City Council CITY COUNCIL MEETING JULY 22, 2003 REVISED Date & Time On the 22nd day of July, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:05 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; 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. Mayor Pro tempore Ralph McCloud was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Fred J. Barber, Trinity Episcopal 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 July 15, 2003, were approved unanimously. Special Ms. Nancy Marchant, Board of Directors for Fort Worth Sister Cities Presentations International, introduced the International Leadership Academy Program participants. Announcements Council Member Lane complimented Assistant City Manager Joe Paniagua and Randle Harwood, Interim Director of Parks and Community Services, for their accomplishment of having over 7,000 students going through the training/education program at the Stockyards and mentioned the recognition that the cattle drive was receiving in several newspapers and various magazines. He also stated that the CATS, who were playing tonight, were playing great baseball and invited those that had not had an opportunity to see them play to join them at La Grave Field. Council Member Davis announced that the Southside Little League team played for the State Championship this past weekend against San Antonio and won. She further stated that they would play for the National Championship in Biloxi, Mississippi, this coming weekend and wished them well. Council Member Silcox stated that he would continuously remind citizens that we have started the process for the 2004 Bond package tentatively set for February 7, 2004 election. He requested that citizens submit their request, desires and/or wishes for projects such as street repairs, etc. to their Council representatives or Assistant City Manager Charles Boswell. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 22, 2003 PAGE 2 of 11 Council Member Davis announced that there would be a public meeting tonight at 5:30 p.m. at the Fort Worth Convention Center, Room 202, regarding the Convention Center Hotel and encouraged all interested citizens to attend. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Moss, the consent agenda was adopted unanimously. Appointments Council Member Davis made a motion, seconded by Council Member Stevenson, at the Mayor's request, to appoint Ms. Linda Metcalf to the Fort Worth Commission for Women effective July 22, 2003, and with a term expiring October 1, 2003. The motion carried unanimously. Council Member Stevenson made a motion, seconded by Council Member Silcox, to appoint Ms. Elizabeth Washington to the Community Development Council effective July 22, 2003, and with a term expiring October 1, 2003. The motion carried unanimously. OCS-1360 There was presented Mayor and Council Communication No. OCS- Claims 1360 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-1361 There was presented Mayor and Council Communication No. OCS- Res. #2976 1361 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2976 setting the regular zoning Zoning Hearing hearing for August 12, 2003. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. OCS-1362 There was presented Mayor and Council Communication No. OCS- Payment to 1362 from the Office of the City Secretary recommending that the Tarrant County City Council approve payment to Tarrant County for election for Election services provided during the May 3, 2003 City Council election. Services During Council Member Davis made a motion, seconded by Council May 3, 2003 City Member Moss, that the recommendation be adopted. The motion Council Election carried unanimously. G-14031 There was presented Mayor and Council Communication No. G- Continued for 14031, dated July 15, 2003, from the City Manager recommending One Week that the City Council give direction to the City Manager as to the CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 22, 2003 PAGE 3 of 11 extent Council wishes to fund infrastructure in Beechwood Business Park (bridge, railroad crossing, intersection improvement, streetlights, streets signs, etc.) through a Community Facilities Agreement and, if so, give direction to the City Manager as to a funding mechanism (reallocation of existing funds, issue Certificates of Obligation, sinking fund). Council Member Silcox made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. G-14031 be continued for one week. The motion carried unanimously. G-14032 There was presented Mayor and Council Communication No. G- Adopt Equal 14032 from the City Manager recommending that the City Council Employment adopt the Equal Employment Opportunity Program Plan for the Opportunity period June 1, 2003, through May 30, 2005. It was the consensus Program Plan of the City Council that the recommendation be adopted. G-14033 There was presented Mayor and Council Communication No. G- Settlement of 14033 from the City Manager recommending that the City Council Litigation & authorize the City Manager's Office and the City Attorney's Office Claims with to execute agreements that will settle claims between Clear Clear Channel Channel Communications, Inc. and the City concerning billboard Communication, sign matters. Council Member Lane made a motion, seconded by Inc. Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on appeal of the decision of the Historic and Cultural Landmarks Commission to deny a Certificate of Appropriateness application for the property located at 1909 Fifth Avenue. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Dana Burghdoff, representing the Planning Department, appeared before Council, advised that a Special meeting had been scheduled for August 4, 2003, at 3:00 p.m. relative to the Certificate of Appropriateness for 1205 Hawthorne, gave a staff report and called attention to Mayor and Council Communication No. G-14034, as follows: G-14034 There was presented Mayor and Council Communication No. G- Overturn Denial 14034 from the City Manager recommending that the City Council of Certificate of conduct a public hearing on an appeal of the decision of the Appropriateness Historic and Cultural Landmarks Commission to deny the for 1909 Fifth application for a Certificate of Appropriateness to replace the Avenue original wooden columns with brick columns at 1909 Fifth Avenue. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 22, 2003 PAGE 4 of 11 Ellen Davis Mrs. Ellen Davis and Mr. John Davis, 1909 5t" Avenue, owners of John Davis the property, appeared before Council and expressed their opposition of the denial of the Certificate of Appropriateness. The following individuals appeared before Council in support of the denial. Jerre Tracy Jerre Tracy 1020 Summit Avenue Robb See Robb See 1255 W. Magnolia Avenue Ms. Shanon Wasielewski, representing the Planning Department, briefed the Council on the decision of the Historic and Cultural Landmarks Commission regarding this case. There being no one else present desiring to be heard in connection with the public hearing on appeal of the decision of the Historic and Cultural Landmarks Commission to deny a Certificate of Appropriateness application for the property located at 1909 Fifth Avenue, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed and that the recommendation in Mayor and Council Communication No. G- 14034 be overturned. The motion carried unanimously. Council Member Haskin made a motion, seconded by Council Member Davis, that the consent agenda be reconsidered to remove Mayor and Council Communication No. L-13602 inasmuch as there were two properties in which she had `questions. The motion carried unanimously. (See subsequent action on Mayor and Council Communication No. L-13602) Council Member Haskin made a motion, seconded by Council Member Stevenson, that the consent agenda, as amended, be approved. The motion carried unanimously. G-14035 There was presented Mayor and Council Communication No. G- Ord. #15624 14035 from the City Manager recommending that the City Council Donation of authorize the City Manager to accept a monetary donation of Funds for Police $22,700.00 to fund a computer and monitor for each of the City's Helicopter two helicopters; and adopt Supplemental Appropriation Ordinance Computers & No. 15624 increasing estimated receipts and appropriations in the Monitors Special Trust Fund in the amount of $22,700.00 from available funds for the purpose of funding a computer and monitor for each of the City's two helicopters. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously, with appreciation. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 22, 2003 PAGE 5 of 11 G-14036 There was presented Mayor and Council Communication No. G- Donation of 14036 from the City Manager recommending that the City Council Homeland authorize the City Manager to accept from the Texas Engineering Security Extension Service the State Homeland Security Grant donation of Equipment from equipment to aid in the response to a Weapons of Mass the State Destruction/Terrorist incident, in the amount of $1,583,028.00. The motion carried unanimously. G-14037 There was presented Mayor and Council Communication No. G- Ord. #15625 14037 from the City Manager recommending that the City Council Amend Chapter adopt Ordinance No. 15626 amending the Code of the City of Fort 34, "Vehicles for Worth (1986), as amended, by the amendment of Chapter 34, Hire", Article IV, "Vehicles for Hire" Section 34-147 "Insurance" as amended to "Taxicabs" provide additional insurance requirements and limits of coverage; Section 34-147 providing that this ordinance is cumulative; providing a "Insurance" severability clause; providing a fine of up to $200.00 for each offense in violation of the ordinance. The following individuals appeared before Council and expressed opposition to the proposed M&C and requested that the liability insurance coverage be reduced further to allow more companies to provide service to the City of Fort Worth: John Bryant John Bryant 13355 Noel Road, Ste. 2200, Dallas Abdi Aci Abdi Aci 13740 Montfort Dr., Dallas Harbi Hassan Harbi Hassan 1240 N. Britain Rd. #140, Irving Massoud Massoud Nasseri 1209 Brook Hill Lane, Arlington Nasseri Council Member Moss made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Council Members Lane, Haskin, Moss, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: Mayor Pro tempore McCloud P-9825 There was presented Mayor and Council Communication No. P- Soft Body Armor 9825 from the City Manager recommending that the City Council authorize a purchase agreement for soft body armor with GT CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 22, 2003 PAGE 6 of 11 Distributors, Inc. for the Police Department based on the low bid meeting specifications, freight included, with payment due 30 days after receipts of the invoice; and authorize this agreement to begin July 22, 2003, and expire July 21, 2004, with options to renew for two additional one-year periods. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. L-13600 There was presented Mayor and Council Communication No. L- Use of Public 13600 from the City Manager recommending that the City Council Right-of-Way authorize the City Manager to execute a Public Right-of-Way Use Agreement with Dan Meeker Management, Inc. d/b/a Cactus Energy that grants Cactus Energy a license to use certain streets and public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. L-13601 There was presented Mayor and Council Communication No. L- Use of Public- 13601 from the City Manager recommending that the City Council Right-of-Way authorize the City Manager to execute a Public Right-of-Way Use Agreement with West Fork Pipeline Company, LP (West Fork) that grants West Fork a license to use certain streets and public rights- of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas line. It was the consensus of the City Council that the recommendation be adopted. L-13602 There was presented Mayor and Council Communication No. L- Sale of Tax 13602 from the City Manager recommending that the City Council Foreclosed approve the sale of 63 surplus tax foreclosed properties in Properties accordance with Section 272.001 of the Texas Local Government Code for a total of $354,305.25; and authorize the City Manager to execute the appropriate deeds conveying the properties to the high bidder complying with the bid specifications and requirements. Council Member Haskin requested that Mayor and Council Communication No. L-13602 be approved, as amended, with a continuance of two weeks for the properties located at 2726 Chesser Boyer Road and 3225 Lancaster Avenue. The motion carried unanimously. L-13603 There was presented Mayor and Council Communication No. L- Permanent 13603 from the City Manager recommending that the City Council Utility Easement approve the acceptance of one permanent utility easement CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 22, 2003 PAGE 7 of 11 described as Lot A, Block 6, Greenway Place Addition, Tarrant County, Texas from Tarrant Regional Water District to provide wastewater collection service to the Greenway model block and surrounding area for property located north of Dixon Street and south of Greenfield Avenue (DOE 3089) for a cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. Council Member Lane excused himself from the Council table at this time. L-13604 There was presented Mayor and Council Communication No. L- Amend Lease to 13604 from the City Manager recommending that the City Council Reflect Increase authorize the City Manager to amend the lease agreement with City in Monthly Center Parking Services to reflect an increase in the monthly rental Rental for of thirty parking spaces at 301 Pecan Street, Lot No. 10, from Parking Spaces $25.00 per space to $30.00 per space. It was the consensus of the City Council that the recommendation be adopted. L-13605 There was presented Mayor and Council Communication No. L- Accept 13605 from the City Manager recommending that the City Council Correction approve the acceptance of a correction street and utilities Street & Utilities dedication deed described as a portion of the Hiram Little Survey, Dedication Deed Abstract No. 930 from Oncor Electric Delivery Company for streets and roads in the proposed Deer Meadow Residential Community for property located east of Interstate 35 between Garden Acres Drive and Rendon Crowley Road (DOE 4000) at not cost to the City of Fort Worth. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. PZ-2494 There was presented Mayor and Council Communication No. PZ- Establish 2494 from the City Manager recommending that the City Council Timetable - approve the annexation timetable for the proposed voluntary Annexation of 157 annexation of approximately 157 acres of land located north of Acres North of North Oak Subdivision, south of Keller-Haslet Road, east of Caylor North Oak Road and west of Keller City Limits (AX-03-0006, Floren Property) Subdivision, in compliance with the requirements of Chapter 43 of the Local South of Keller- Haslet Road, East Government Code of the State of Texas; and direct staff to prepare of Caylor Road a service plan that provides for the extension of full municipal and West of Keller services to the annexation area. Council Member Moss made a City Limits motion, seconded by Council Member Haskin, that the AX-03-0006, recommendation be adopted. The motion carried unanimously. Floren Property CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 22, 2003 PAGE 8 of 11 C-19606 There was presented Mayor and Council Communication No. C- Continued for 19606, dated June 3, 2003, from the City Manager recommending One Week that the City Council approve the proposed construction of a public railroad crossing of the Burlington Northern and Santa Fe (BNSF) Railway Company line at Bogie Drive and authorize the contract with Beechwood Companies and BNSF requiring the City to accept and maintain the associated right-of-way associated with the proposed railroad crossing. Council Member Davis made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. C-19606 be continued for one week. The motion carried unanimously. C-19663 There was presented Mayor and Council Communication No. C- TxDOT 19663 from the City Manager recommending that the City Council authorize the City Manager to incorporate certain terms requested by the Texas Department of Transportation (TxDOT) in the Advance Funding Agreement with TxDOT for the construction of a new bridge to replace the East First Street Bridge over the Trinity River (Bridge ID 02220ZZ0075002), the reconstruction of the South Pipeline Road Bridge over a tributary of the West Fork of the Trinity River (Bridge ID 022200ZP542003), and the reconstruction of the Chapin Road Bridge over Santa Clara Channel (Bridge ID 022200ZC3475001). It was the consensus of the City Council that the recommendation be adopted. C-19664 There was presented Mayor and Council Communication No. C- Ord. #15626 19664 from the City Manager recommending that the City Council: Peachtree Construction, 1. Adopt Appropriation Ordinance No. 15627 increasing Ltd. estimated receipts and appropriations in the Contract Street Maintenance Fund in the amount of $4,993,221.00 from available funds for the purpose of funding a portion of the Fiscal Year 2002-2003 Street Maintenance Program; and 2. Authorize the City Manager to execute a contract with Peachtree Construction, Ltd. in the amount of $792,962.50 for 60 working days for HMAC Surface Overlay 2003-14 at Various Locations. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 22, 2003 PAGE 9 of 11 C-19665 There was presented Mayor and Council Communication No. C- Sutton & 19665 from the City Manager recommending that the City Council Associates, L.P. authorize the City Manager to execute a contract with Sutton & Associates, L.P. in the amount of $773,355.00 for 60 working days for HMAC Surface Overlay 2003-15 at Various Locations. It was the consensus of the City Council that the recommendation be adopted. C-19666 There was presented Mayor and Council Communication No. C- Peachtree 19666 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Peachtree Ltd. Construction, Ltd. in the amount of $481,905.00 for 40 working days for HMAC Surface Overlay 2003-16 at Various Locations. It was the consensus of the City Council that the recommendation be adopted. C-19667 There was presented Mayor and Council Communication No. C- Cleburne Utility 19667 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Cleburne Inc. Utility Construction, Inc. in the amount of $1,095,105.00 for Water Main Extensions, Replacements, and Relocations Contract 2003A. It was the consensus of the City Council that the recommendation be adopted. C-19668 There was presented Mayor and Council Communication No. C- Change Order 19668 from the City Manager recommending that the City Council #21 to CSC authorize the City Manager to execute Change Order No. 21 to City #26482 — Kinsel Secretary Contract No. 26482, a construction contract with Kinsel Industries, Inc. Industries, Inc., for the North Holly Water Treatment Plant Improvements, Phase I, on the amount of $114,302.00, thereby increasing the contract amount to $21,565,483.91. It was the consensus of the City Council that the recommendation be adopted. Council Member Lane assumed his chair. C-19669 There was presented Mayor and Council Communication No. C- Reject Bids & 19669 from the City Manager recommending that the City Council Re-bid for Lost authorize the City Manager to reject all bids for the Lost Creek Creek Phase I Phase I Drainage Improvements, and to authorize staff to re- Draining advertise the project for re-bid. Council Member Silcox made a Improvements & motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 22, 2003 PAGE 10 of 11 C-19670 There was presented Mayor and Council Communication No. C- Continued for 19670 from the City Manager recommending that the City Council: One Week 1. Authorize the City Manager to transfer an amount of $100,000.00 from the Fort Worth Local Development Corporation Fund to the Special Trust Fund for the initial project implementation phase of the Trinity River Vision Master Plan; and 2. Adopt a proposed appropriation ordinance increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $100,000.00 from available funds for the purpose of funding the initial project implementation phase of Trinity River Vision Master Plan. Council Member Davis made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. C- 19670 be continued for one week. The motion carried unanimously. C-19671 There was presented Mayor and Council Communication No. C- Youth Sports 19671 from the City Manager recommending that the City Council Council of Fort authorize the City Manager to execute a contract with the Youth Worth, Inc. Sports Council of Fort Worth, Inc. to lease the Rockwood Park driving range as a site for the First Tee Chapter of Greater Fort Worth. Council Member Lane made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. Citizen Ms. Carol Plowman, 2413 McAdoo, appeared before the City Presentations Council relative to the previously held meeting of the Ad hoc Carol Plowman Committee Citizens Drop-off Station for Recycling and Big Trash and expressed concern about the role of the Ad hoc Committee members at future public meetings. Linda Morrow Ms. Linda Morrow, 4641 Lois St., appeared before the City Council relative to trash collection, senior citizens bulky waste pick up, dumping on vacant lots, and speed humps in their community. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:59 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: CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 22, 2003 PAGE 11 of 11 a) Modern Contractors v. Women's Second Chance, et al. v. Felecia Alexander, et al., Cause No. 48-190689-01; b) Legal issues concerning the City's solid waste collection contracts; c) Legal issues concerning utility relocations by telecommunications providers; d) Legal issues concerning any item listed on today's City Council meeting agendas; 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 2:05 p.m. Adjournment There being no further business, the meeting was adjourned at 2:05 p.m. CITY ETARY M O