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HomeMy WebLinkAbout2003/07/01-Minutes-City Council CITY COUNCIL MEETING JULY 1, 2003 Date & Time On the 1St day of July, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 7:02 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Frank Moss was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Andrew Decker University United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of June 24, 2003, were approved unanimously. Special Council Member Davis presented a Proclamation for Recreation Presentations and Parks Month. Announcements Council Member Lane wished everyone a happy and safe 4t" of July and asked that we remember the men and women around the world serving our country. He added that there would be a fireworks display at the Cats field and there would be plenty of seating in the stadium and along the riverbank. Council Member Haskin stated that she and her family attended the fireworks display in Park Glen June 28, 2003. She commended Park Glen and stated the fireworks were spectacular. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. C-19638 be withdrawn from the consent agenda. Council Member Silcox requested that Mayor and Council Communication No. C-19635 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication Nos. G-13952 and G-13995 be withdrawn and that Staff G-14015 and C-19606 be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 1, 2003 PAGE 2 of 11 Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Haskin made a motion, seconded by Council Member Lane, to appoint Ms. Mary Ann Epps to the Library Advisory Board effective July 1, 2003, and with a term expiring October 1, 2004. The motion carried unanimously. Committee Council Member Haskin stated that the Government and Report Neighborhood Relations Committee met today and discussed construction work hours. She added that they had received a lot of public comment with the majority of the speakers expressing concern with construction in residential areas. She further stated that the City was trying to balance the needs of the development and residential communities and asked staff to adjust the language in the ordinance that addressed construction work within 100 feet and 300 feet of a residential structure. OCS-1357 There was presented Mayor and Council Communication No. OCS- Claims 1357 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-13952 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-13952, dated April 22, 2003, Master Thoroughfare Plan Amendment: Realignment of Heritage Trace Parkway and Park Vista Boulevard, be withdrawn. Public Hearing It appeared that the City Council set today as the date for a public hearing for the Master Plan Thoroughfare Amendment: Realignment of Heritage Trace Parkway and Park Vista Boulevard. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Robert Goode, Transportation and Public Works Department Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13952 Revised, as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 1, 2003 PAGE 3 of 11 G-13952 Revised There was presented Mayor and Council Communication No. G- Master 13952 Revised from the City Manager recommending that the City Thoroughfare Council adopt the proposed amendment to the Master Plan Thoroughfare Plan for the alignments of Heritage Trace Parkway Amendment: between North Beach Street and U.S. Highway 377, Golden Alignment of Triangle Boulevard between North Beach Street and U.S. Highway Heritage Trace 377, and to realign Park Vista Boulevard between Ray White Road Parkway & Park and Keller-Hicks Road. Vista Boulevard City Manager Jackson stated that the following bullet statements needed to be added to the Recommendation section of the M&C: - Golden Triangle and Heritage Trace will be designated as six lane principal arterials and; - Park Vista Parkway will be designated as a four lane major arterial The following individuals appeared before Council in support of the revised amendment to the Master Thoroughfare Plan: Marla Morris Ms. Marla Morris 4305 Linley Lane Dick LeBlanc Mr. Dick LeBlanc 5950 Berkshire, Dallas, TX Steve Gregory Mr. Steve Gregory 3701 West NY Hwy #169A, Dallas, TX Bob Rissing Mr. Bob Rissing 7580 Oak Grove Road Ed Johnson Mr. Ed Johnson 3904 Kimbell Drive, Keller, TX There being no one else present desiring to be heard in connection with the public hearing for the Master Plan Thoroughfare Amendment: Alignment of Heritage Trace Parkway and Park Vista Boulevard, Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and Mayor and Council Communication No. G-13952 Revised be adopted. The motion carried unanimously. G-13995 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G- 13995, dated June 17, 2003, Adoption of Ordinance Amending City Code Chapter 23, "Offenses and Miscellaneous Provisions," Section 23-8, "Noise," Subsection (c)(9), "Construction Work", be withdrawn. Public Hearing It appeared that the City Council set today as the date for a public hearing for the adoption of an ordinance amending City Code Chapter 23, "Offenses and Miscellaneous Provisions," Section 23- 8, "Noise," Subsection (c)(9), "Construction Work." Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 1, 2003 PAGE 4 of 11 Assistant City Attorney Carla Cook appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13995 Revised. She stated that a revised ordinance was provided to Council with additional verbiage as follows: 1. Section 1, Subparagraph (c). After "...this section,..." add "...when such acts create an unreasonable noise in a public place, or in or near a private residence,..." 2. Section 1, Subparagraph (c)(9). Delete paragraph and replace with "Construction work. The erection, including excavation, demolition, alteration or repair work on any building other than between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday, and 9:00 a.m. and 8:00 p.m. Saturday, if the noise is created within three-hundred (300) feet of an occupied residence, except by permit from the City Council." Council Member Stevenson inquired if staff had checked with other cities to ascertain if the extended hours created any safety or injury problems. Mr. Bob Riley, Development Department Director, responded that no other cities had been consulted, but that staff would contact other cities and inquire about safety or injury problems and provide a report to Council. The following individuals appeared before Council in support of the amendment to the ordinance: Jack Yarbrough Mr. Jack Yarbrough 7133 Barbados, N. Richland Hills, TX Joe Howell Mr. Joe Howell 805 Hill Crest Jim Parr Mr. Jim Parr 2301 Ridgmar Plaza #19 Jim Hummel Mr. Jim Hummel 2808 Bomar The following individuals appeared before Council in opposition of the ordinance amendment: Gary Alexander Mr. Gary R. Alexander 1915 Berkeley Place Vicki Bargas Ms. Vicki Bargas 301 E. Drew Fred Villarreal Mr. Fred Villarreal 8350 Sunset Cove CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 1, 2003 PAGE 5 of 11 Council Member Davis expressed concern that the revised language had not captured her intent relative to unreasonable noise. She stated that construction work that would create unreasonable noise should be limited to hours currently in place; however, construction that did not create unreasonable noise should not have restrictions. She further stated that she would put in writing what she was attempting to state. G-13995 Revised There was presented Mayor and Council Communication No. G- 13995 Revised from the City Manager recommending that the City Council adopt an ordinance amending Chapter 23, Article 1, Section 23-8 "Noise," Subsection (c)(9), "Construction Work", of the Code of the City of Fort Worth (1986), as amended, by changing the days that construction work is allowed and, changing the hours it is allowed on those days. Mayor Moncrief stated that this item would be continued until July 8, 2003, at which time the City Council would take final action. G-14015 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-14015, A Resolution Consenting to the City One Week of Irving's Grant of a Rebate Incentive for Network Distribution, Inc. to Relocate its New Central Warehouse/Distribution Facility to Dallas/Fort Worth International Airport, be continued for one week. G-14016 There was presented Mayor and Council Communication No. G- Res. #2968 14016 from the City Manager recommending that the City Council Declare Real adopt Resolution No. 2968 declaring a tract of land surplus to Property at DFW Dallas/Fort Worth International Airport's (DFW) needs, order the Airport as sale or exchange of that tract of land through competitive bidding, Surplus, Order subject to the right to reject all bids, and authorize $70,000.00 for Sale or payment of costs. Council Member Davis made a motion, Exchange by seconded by Mayor Pro tempore McCloud, that the Competitive recommendation be adopted. The motion carried unanimously. Bidding G-14017 There was presented Mayor and Council Communication No. G- Returned to 14017 from the City Manager recommending that the City Council Public Safety adopt an ordinance amending the Code of the City of Fort Worth Committee (1986), as amended, by the amendment of Chapter 34, "Vehicles for Hire" Section 34-147 "Insurance" is amended to provide addition insurance requirements and limits of coverage; providing that this ordinance is cumulative; providing for a severability clause; providing for a fine up to $200.00 for each offense in violation of CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 1, 2003 PAGE 6 of 11 the ordinance. Council Member Silcox made a motion, seconded by Council Member Stevenson, that this M&C be returned to the Public Safety Committee for further consideration. The motion carried unanimously. Council Member Lane stated that this item was being returned to the Public Safety Committee to try and find a common ground with other cities relative to insurance costs. P-9818 There was presented Mayor and Council Communication No. P- Electrical Utility 9818 from the City Manager recommending that the City Council Parts authorize a purchase agreement for electrical utility parts with multiple vendors for the Transportation and Public Works Department; and authorize this agreement to begin July 1, 2003, and expire June 30, 2004, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9819 There was presented Mayor and Council Communication No. P- Scrap Tire 9819 from the City Manager recommending that the City Council Transporting & authorize a purchase agreement for scrap tire transporting and Processing processing with Safe Tire Disposal Corporation of Texas for the City of Fort Worth at a cost of $875.00 per trailer load; and authorize this agreement to begin July 1, 2003, and expire June 30, 2004, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9820 There was presented Mayor and Council Communication No. P- Auction 9820 from the City Manager recommending that the City Council Services for authorize a purchase agreement to obtain auction services for Wrecked & wrecked and abandoned vehicles, property and surplus City Abandoned equipment with Lone Star Auctioneers, Inc. for the City of Fort Vehicles, Worth based on the best evaluated Request for Proposal; and Property & authorize this agreement to begin July 1, 2003, and expire June 30, Surplus City 2004, with options to renew for four additional one-year periods. It Equipment was the consensus of the City Council that the recommendation be adopted. P-9821 There was presented Mayor and Council Communication No. P- Reject and 9821 from the City Manager recommending that the City Council Rebid of Meter authorize the rejection and rebid of meter boxes, lids (Bid No. 03- Boxes, Lids & 0026) and resilient seat gate valves (Bid No. 03-0060) for the Water Resilient Seat Department. Council Member Davis made a motion, seconded by Gate Valves Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 1, 2003 PAGE 7 of 11 L-13580 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. L-13580, dated June 17, 2003, Acquisition of Land Parcel and Building at 700 North Freeway from 12 Church Associates, LLC for Use as the Forensic Science and Technology Center by the Fort Worth Police Department, be withdrawn. L-13585 There was presented Mayor and Council Communication No. L- Use of Public 13585 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 BSG Pipeline, LLC (BSG) that grants BSG 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-13586 There was presented Mayor and Council Communication No. L- Lease Lake 13586 from the City Manager recommending that the City Council Worth Property authorize the approval of a license agreement with Ross and Sharlie Tomlinson for City-owned Lake Worth property located at Lot 9A, Block 30 (8340 Mallard Court) for a term of five years with one option to extend the agreement for another five year term, commencing on February 1, 2003, and expiring January 31, 2008, for an annual license rate of $280.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2491 There was presented Mayor and Council Communication No. PZ- Ord. #15605 2491 from the City Manager recommending that the City Council Alley Vacation adopt Ordinance No. 15605 vacating a 12.5 foot wide by 100 foot VA-03-007 long alley lying between Lots 4, 5 and 6, Block 18, Jennings West Addition, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. C-19606 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-19606, dated June 3, 2003, Approval of the One Week Construction of a Public Crossing of the Burlington Northern and Santa Fe (BNSF) Railway Company Line at Bogie Drive and Authorization to Enter into a Contract with Beechwood Companies and BNSF Agreeing to Accept and Maintain the Right-of-Way Associated with the Proposed Public Rail Crossing, be continued for one week. C-19634 There was presented Mayor and Council Communication No. C- Crescent Real 19634 from the City Manager recommending that the City Council Estate Funding I, authorize the City Manager to enter into a consent agreement with L.P. Crescent Real Estate Funding I, L.P., authorizing use of the right- CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 1, 2003 PAGE 8 of 11 of-way for a modification to the 700 Commerce Street bridge. It was the consensus of the City Council that the recommendation be adopted. C-19635 There was presented Mayor and Council Communication No. C- Sabine County 19635 from the City Manager recommending that the City Council authorize the City Manager to enter into an Intergovernmental Emergency Mutual Aid Agreement with Sabine County. City Manager Jackson stated this agreement was to assist the Space Shuttle recovery effort. Council Member Silcox made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. C- 19635 be adopted. The motion carried unanimously. C-19636 There was presented Mayor and Council Communication No. C- Enercon 19636 from the City Manager recommending that the City Council Services, Inc. authorize the City Manager to execute a contract with Enercon Services, Inc. for environmental and engineering consulting services for miscellaneous projects on an as-needed basis for a period of one year, with two-one year options to renew. It was the consensus of the City Council that the recommendation be adopted. C-19637 There was presented Mayor and Council Communication No. C- Ord. #15606 19637 from the City Manager recommending that the City Council: Marc English Excavation & 1. Approve the transfer of $60,579.00 in undesignated funds in Demolition the Environmental Management Operating Fund to the Company, Inc. Environmental Management Project Fund; and 2. Adopt Appropriation Ordinance No. 15606 increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $60,579.00 from available funds, for the purpose of funding a contract with Marc English Excavation and Demolition Company, Inc. for demolition services at 1440 North Main; and 3. Authorize the City Manager to execute a contract with Marc English Excavation and Demolition Company, Inc. for demolition services at 1440 North Main Street in the amount of$74,949.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 1, 2003 PAGE 9 of 11 C-19638 There was presented Mayor and Council Communication No. C- Amendment #1 — 19638 from the City Manager recommending that the City Council CH2M Hill authorize the City Manager to execute an amendment to the engineering agreement with CH2M Hill for the completion of a comprehensive vulnerability assessment of the water system, thereby increasing the amount of the agreement by $115,000.00, from $292,300.00 to $407,300.00. City Manager Jackson advised Council that the amount of $115,000,00. should be corrected to read $95,000.00, and that the total amount should be $387,300.00 instead of$407,300.00. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. C- 19638 be approved, as amended. The motion carried unanimously. Zoning Hearing It appeared to the City Council that the 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 June 13, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-03-153 Council Member Davis made a motion, seconded by Council Approved Member Lane, that the application of T&P Partners, Ltd. for a change in zoning of property located at 221 Lancaster Avenue from "H/DD" Central Business District/Demolition Delay to "H/HSE" Central Business District/Highly Significant Endangered, Zoning Docket No. ZC-03-153, be approved. The motion carried unanimously. There being no one present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Davis made a motion, seconded by Council Member Lane, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 1, 2003 PAGE 10 of 11 ORDINANCE NO. 15607 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. Citizen Mr. G. B. "Gary" Kidwell, 6908 Kingsley Drive, President of the Presentations Hallmark/Camelot Highland Terrace Homeowners Association, Gary Kidwell appeared before Council relative to bulky waste disposal. He expressed concern with the amount of bulky waste not being picked up in his neighborhood and that no one from the City had responded to his concerns. City Manager Jackson responded that last week the City Council authorized the City to hire additional employees to identify bulky waste areas in the City. He added that these employees would knock on the doors of residents and inform them of the procedures for bulky pick up and to help them understand how a call system would benefit their neighborhood. Joan Crownover Ms. Joan Crownover, 1041 East Robert Street, representing the South Side Urban Development, appeared before Council relative to a poorly lit parking lot at a local grocery store, high weeds in vacant lots and requested that economic development opportunities be brought to the former Montgomery Ward site at Riverside and Berry. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 1, 2003 PAGE 11 of 11 Council Member Lane stated that Council Member Moss was absent from the Council meeting as he was leading a delegation in Africa to select an African city as a Fort Worth Sister City. He expressed best wishes to the delegation and for a safe trip home. Adjournment There being no further business, the meeting was adjourned at 8:37 p.m. CITY SE ETARY