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HomeMy WebLinkAbout2003/09/16-Minutes-City Council CITY COUNCIL MEETING SEPTEMBER 16, 2003 Date & Time On the 16th day of September, 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, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Becky Haskin was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend David Bell, First St. John Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Stevenson, the minutes of the regular meeting of September 9, 2003, were approved unanimously. Special Council Member Stevenson presented a Proclamation for Prostate Presentations Cancer Awareness Month. Council Member Haskin assumed her chair. Council Member Davis presented a Proclamation for Osteopathic Medicine Week. Ms. Katlan Patterson, representing Tarrant County College Cowtown Trinity Duck Stampede, invited all Council Members to participate in the Duck Stampede October 19, 2003, from 9:00 a.m. to 5:00 p.m. at Trinity Park. She added that festivities would raise scholarship funds for Tarrant County College students. Judge Don Cosby, Chair of Nagaoka Committee of Fort Worth Sister Cities International, introduced the student delegation from Nagaoka, Japan, participating in the Ambassador Middle School Exchange Program. A student representative presented a gift to Mayor Moncrief and Council Members Lane and Moss presented City pins to the delegation. Announcements Council Member Silcox provided an overview of the Capital Improvement Program (CIP) timeline for various submissions and reports and stressed the importance of citizen input on the upcoming bond program. He further stated that the last two CIP meetings to receive citizen input would be held as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 2003 PAGE 2 of 12 District 7: September 17, 2003 - Boswell High School, 5805 Bailey Boswell Road District 3: September 18, 2003 - R. D. Evans Community Center, 3242 Lackland Road Council Member Stevenson echoed Council Member Silcox's remarks and urged all citizens in District 3 to attend his meeting September 17, 2003. He added that the Council was very interested in receiving their input on the bond package. Withdrawn from Council Member Silcox requested that Mayor and Council Consent Agenda Communication Nos. G-14088, C-19747, C-19748, and C-19749 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-14087 be continued for one week and that Staff PZ-2502 be withdrawn. 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 stated that she had received only one nomination for appointment to the Tarrant Appraisal District of Tarrant County Board of Directors and requested Council Members provide their nominations to the board prior to the October 7, 2003 Government and Neighborhood Relations Committee meeting. OCS-1372 There was presented Mayor and Council Communication No. OCS- Claims 1372 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-1373 There was presented Mayor and Council Communication No. OCS- Res. #2994 1373 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2994 setting the regular zoning Zoning Hearing hearing for October 14, 2003. Council Member Silcox made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously G-14087 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G- 14087, dated September 9, 2003, Adoption One Week of Public Art Master Plan Prepared by the Arts Council of Fort Worth and Tarrant County for Management of the Public Art Program, be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 2003 PAGE 3 of 12 G-14088 There was presented Mayor and Council Communication No. G- Ord. #15689 14088 from the City Manager recommending that the City Council Amend Chapter adopt Ordinance No. 15689 amending Chapter 2, Administration, 2, Article V, Human Resources, Section 2-182, Disciplinary Appeals Administration, Board of the Code of the City of Fort Worth (1986), as amended, by Article V, Human changing second three-year term to third three-year term. Resources, Council Member Silcox expressed concern with extending the Section 2-182, current term and asked staff for clarification of this Disciplinary recommendation. Appeals Board Mr. Richard Zavala, Acting Assistant City Manager, stated that the difference between this board and other boards was that this board did not meet on a regular basis. He added that the board met on an as needed basis and their hearings may last two to three days at a time. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. G- 14088 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None G-14089 There was presented Mayor and Council Communication No. G- Res. #2995 14089 from the City Manager recommending that the City Council Increase Payment adopt Resolution No. 2995 authorizing the maximum amount to be to Ross Foster to paid to Ross Foster to represent former Police Officer Larry Lance Represent Former in the lawsuit entitled Michael Moreno and Christopher Dodd v. Police Officer City of Fort Worth, Fort Worth Police Department, Police Chief Larry Lance in Ralph Mendoza, Police Officer Larry W. Lance and Michael T. Lawsuit- Michael Moreno & Johnson, Civil Action No. 4:03-CV-0369-A be increased to Christopher Dodd $50,000.00. Council Member Davis made a motion, seconded by v. City of Fort Council Member Stevenson, that the recommendation be adopted. Worth, FW Police The motion carried unanimously. Department, Police Chief Ralph Mendoza, Police Officer Larry W. Lance & Michael T. Johnson, Civil Action #4:03-CV-0369-A CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 2003 PAGE 4 of 12 G-14090 There was presented Mayor and Council Communication No. G- Res. #2996 14089 from the City Manager recommending that the City Council Increase Payment adopt Resolution No. 2996 authorizing the maximum amount to be to Richard paid to Richard Henderson to represent Police Chief Ralph Henderson to Mendoza in the lawsuit entitled Michael Moreno and Christopher Represent Police Dodd v. City of Fort Worth, Fort Worth Police Department, Police Chief Ralph Chief Ralph Mendoza, Police Officer Larry W. Lance and Michael T. Mendoza in Lawsuit- Michael Johnson, Civil Action No. 4:03-CV-0369-A be increased to Moreno & $50,000.00. Council Member Davis made a motion, seconded by Christopher Dodd Council Member Silcox, that the recommendation be adopted. The v. City of Fort motion carried unanimously. Worth, FW Police Department, Police Chief Ralph Mendoza, Police Officer Larry W. Lance & Michael T. Johnson, Civil Action #4:03-CV-0369-A G-14091 There was presented Mayor and Council Communication No. G- Transfer Paying 14091 from the City Manager recommending that the City Council Agent & Escrow exercise the City's right under various ordinances authorizing its Agent Services bond issues to replace Bank One with Wells Fargo as the City's from Bank One paying agent; and authorize the City Manager to transfer the City's to Wells Fargo existing escrow and trust agreements from Bank One to Wells Fargo. City Attorney Yett stated that several Council Members had banking relationships with one or both of these institutions. He added that they could still vote on this issue but had to disclose their relationship. Council Members Lane and Moss disclosed they had a banking relationship with Bank One. Council Members Haskin and Davis disclosed they had banking relationships with Bank One and Wells Fargo. Mayor Moncrief and Council Member Picht disclosed they had a banking relationship with Wells Fargo. Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 2003 PAGE 5 of 12 G-14092 There was presented Mayor and Council Communication No. G- Extend Injury 14092 from the City Manager recommending that the City Council Leave-of- approve an extension of injury leave-of-absence pay benefits for Absence Pay Police Officer Christopher Moody. Council Member Silcox made a Benefits for motion, seconded by Council Member Davis, that the Police Officer recommendation be adopted. The motion carried unanimously. Christopher Moody L-13636 There was presented Mayor and Council Communication No. L- Permanent 13636, dated September 2, 2003, from the City Manager Water Line recommending that the City Council approve the acceptance of two Easements permanent water line easements described as Lot 58 and Lot 59, Block 104, Park Glen Addition, Tarrant County, Texas, from James and Tracy Harrison and Everett and Janice McMillian, respectively, needed for the purpose of constructing and maintaining a water line to serve properties located east of North Beach Street and north of North Tarrant Parkway for Wal-Mart Store No. 2980 (DOE 3197), for a total cost of$20.00. Council Member Haskin stated that this was a staff initiated easement on land that was owned by Wal-Mart. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. L-13645 There was presented Mayor and Council Communication No. L- Lease City Radio 13645 from the City Manager recommending that the City Council Towers authorize the City Manager to execute a lease between the City of Fort Worth and the Department of the Treasury, U.S. Customs Service (Customs Service) for the use of City radio towers for a five-year period commencing October 1, 2003, and expiring September 30, 2008; and authorize the Customs Service to have the option to renew the lease for one additional term of five years through September 30, 2013. It was the consensus of the City Council that the recommendation be adopted. L-13646 There was presented Mayor and Council Communication No. L- Pipeline 13646 from the City Manager recommending that the City Council Crossing authorize the City Manager to enter into a pipeline crossing Agreement agreement with the Union Pacific Railroad Company at milepost 605.70, Duncan Subdivision, Tarrant County, Texas, for Northside II Water Main Extension, Phase 11 (DOE 4088) needed for the CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 2003 PAGE 6 of 12 construction of a 48-inch water line crossing Union Pacific Railroad Company property at the intersection of Longhorn Road and Saginaw Boulevard in northwest Tarrant County for a one-time cost of $2,347.00. It was the consensus of the City Council that the recommendation be adopted. L-13647 There was presented Mayor and Council Communication No. L- Permanent 13647 from the City Manager recommending that the City Council Water Main approve the acquisition of one permanent water main easement Easements & and one temporary construction easement described as part of the Temporary Y. W. Allen Survey, Abstract No. 15, and one permanent water main Construction easement and one temporary construction easement described as Easements part of the J. Bowman Survey, Abstract No. 80 and the A. F. Albright Survey, Abstract No. 1849 from Marine Creek of Texas Joint Venture for properties located west of Old Decatur Road between Angle Avenue and Longhorn Road (DOE 4087) necessary for the construction, maintenance, and operation of the Northside II water transmission main between the McCandless Street and Cantrell-Samson pump stations for $80,479.75, plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13648 There was presented Mayor and Council Communication No. L- Permanent 13648 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as a portion of D. F. McCardy Survey, Abstract No. 1079, Tarrant County, Texas, from Pender Investment Corporation required for the Chapel Hill Offsite Sanitary Sewer Project, Northwest Tarrant County (DOE 3678) necessary for the construction of sewer lines to serve the Chapel Hill Addition located at Bonds Ranch Road, west of FM156 in far northwest Fort Worth for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13649 There was presented Mayor and Council Communication No. L- Pipeline License 13649 from the City Manager recommending that the City Council Agreements authorize the City Manager to enter into two 25-year pipeline license agreements with the Burlington Northern and Santa Fe (BNSF) Railway Company for the construction of a 48-inch water pipeline crossing the BNSF Railway property at mileposts 8.03 and 353.46 between NW Loop 820 and Longhorn Road in Northwest Tarrant County, Northside II Water Main Extension, Phase II (DOE 4088) for a total cost of $7,000.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 2003 PAGE 7 of 12 PZ-2501 There was presented Mayor and Council Communication No. PZ- Ord. #15690 2501 from the City Manager recommending that the City Council Street Vacation adopt Ordinance No. 15690 vacating a portion of Wingate Street VA-02-070 between Lot 1A-1 and AR-2, Block 3R, Westgate Addition, in the J. W. Conner Survey, Abstract No. 355, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2502 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. PZ-2502, Establishing a Timetable for Proposed Voluntary Annexation of Approximately 52 acres of Land (more or less) Located North of W. J. Boaz Road, South of Bailey Boswell Road, East of Boat Club Road, and West of Bowman Roberts Road (Boswell Ranch Estates/Mae Tract) (Annexation Case No. AX-03-0007), be withdrawn. C-19735 There was presented Mayor and Council Communication No. C- Withdrawn 19735, dated September 2, 2003, from the City Manager recommending that the City Council authorize the City Manager to enter into a consent agreement with Don M. and Patricia E. Kennedy authorizing the continued use of a the right-of-way for a fence in Scots Briar Lane at 7012 Bentley Avenue. City Attorney Yett stated that a request had been received from the applicant to withdraw the application. He added that the applicant also questioned a portion of a fee made to Tarrant County that did not need to be made. Mr. Bob Riley, representing the Development Department, stated that the application for an encroachment agreement carried a fee of $450.00, $35.00 of which was paid to the Tarrant County Court house to record the deed. He added that under this withdrawal, the City would refund $35.00 of the $450.00 to the applicant. Council Member Haskin made a motion, seconded by Council Member Davis, to accept the applicant's withdrawal request and refund the entire $450.00 fee to the applicant. The motion carried unanimously. C-19747 There was presented Mayor and Council Communication No. C- Fort Worth Area 19747 from the City Manager recommending that the City Council: Habit for Humanity, Inc. 1. Approve a five-year Municipal Property Tax Abatement for 20 properties owned by the Fort Worth Area Habitat for Humanity, Inc. (Habitat) and located in the Evans/Rosedale Neighborhood Empowerment Zone (NEZ); and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 2003 PAGE 8 of 12 2. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Habitat are true and correct; and 3. Authorize the City Manager to enter into a separate Tax Abatement Agreement with Habitat for each one of the properties in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. C- 19747 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None C-19748 There was presented Mayor and Council Communication No. C- Edward Prioleau 19748 from the City Manager recommending that the City Council: 1. Approve a five-year Municipal Property Tax Abatement for six properties owned by Edward Prioleau and located in the Evans/Rosedale Neighborhood Empowerment Zone (NEZ); and 2. Find that the statements set for in the recitals of the Tax Abatement Agreement with Edward Prioleau are true and correct; and 3. Authorize the City Manager to enter into a separate Tax Abatement Agreement with Edward Prioleau for each one of the properties in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C- 19748, be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 2003 PAGE 9 of 12 C-19749 There was presented Mayor and Council Communication No. C- John Saylor 19749 from the City Manager recommending that the City Council: 1. Approve a five-year Municipal Property Tax Abatement for seven Real properties owned by John Saylor and located in the Ridglea Village/Como Neighborhood Empowerment Zone (NEZ); and 2. Find that the statements set forth in the recitals of the Tax Abatement Agreement with John Saylor are true and correct; and 3. Authorize the City Manager to enter into a separate Tax Abatement Agreement with John Saylor for each one of the properties in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Stevenson made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C- 19749 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None C-19750 There was presented Mayor and Council Communication No. C- Dwight J. 19750 from the City Manager recommending that the City Council Mitchell authorize the City Manager to enter into a consent agreement with Dwight J. Mitchell authorizing use of the right-of-way for installation of a wheelchair ramp and landing in Galveston Avenue at 160 West Magnolia Avenue. It was the consensus of the City Council that the recommendation be adopted. C-19751 There was presented Mayor and Council Communication No. C- Amendment #3 19751 from the City Manager recommending that the City Council to CSC #26807 — authorize the City Manager to execute Amendment No. 3 to City TranSystems Secretary Contract No. 26807 with TranSystems Corporation Corporation Consultants for additional services to the Sanitary Sewer Main Consultants 244A Parallel Relief Study and Design in the amount of $72,556.00, thereby increasing the total contract amount to $998,354.48. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 2003 PAGE 10 of 12 C-19752 There was presented Mayor and Council Communication No. C- Rineco Chemical 19752 from the City Manager recommending that the City Council Services, Inc. authorize the City Manager to enter into a contract with Rineco Chemical Services, Inc. for the packaging, transportation, and disposal of hazardous waste; and authorize this contract to begin October 1, 2003, and expire September 30, 2004, with two annual renewal options with a total cost not to exceed $150,000.00 per year. It was the consensus of the City Council that the recommendation be adopted. C-19753 There was presented Mayor and Council Communication No. C- Paul V. 19753 from the City Manager recommending that the City Council Anuszkiewicz of authorize the City Manager to execute a contract for professional UltraCom, LLC services with Paul V. Anuszkiewicz of UltraCom, LLC to evaluate the need for a potential cellular telecommunications tower sites in the amount of $15,000.00. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Stevenson, and Davis NOES: Council Member Silcox and Picht ABSENT: None 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 August 28, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-03-204 Mayor Pro tempore McCloud stated that the applicant had filed a Denied Without letter to withdraw this application without prejudice. He asked if Prejudice the applicant would commit to notifying residents of any reapplication should this case be denied without prejudice. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing Cherokee Fort Worth, LLC, appeared before Council and stated that notification to residents would be made if the application was resubmitted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 2003 PAGE 11 of 12 The following individuals appeared before Council in support of the denial. They requested that the zoning case be denied with prejudice because the property was not compatible with the intended use. Eunice Givens, Ms. Eunice Givens 5500 Stafford Drive Betty Mars, Ms. Betty Mars 1821 Christopher Drive Emily Fiesler, Ms. Emily Fiesler 6375 Elm Crest Court Michael Mr. Michael Pontremole 9125 South Freeway Pontremole, Mr. Brett Schnitzius 1006 Huntington Trail, Mansfield, TX Brett Schnitzius, Ms. Betty Meininger 1801 Bolingbroke Place Betty Meininger, Mr. Jerry Brown 9521 South Freeway Jerry Brown, Mr. Gary Kidwell 6908 Kingsley Drive Gary Kidwell After a lengthy discussion amongst Council Members, Council Member Silcox called for the question. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the application of Cherokee Fort Worth, LLC for a change in zoning of property located at 8945 South Freeway from "I" Light Industrial and "K" Heavy Industrial to "PD/SU" Planned Development/Specific Use for all uses in "K" Heavy Industrial, plus a shelter, with waiver of site plan requested, Zoning Docket No. ZC-03-204, be denied without prejudice. (See Letter of Appeal). Council Member Picht made a substitute motion, seconded by Council Member Haskin, that Zoning Docket No. ZC-03-204 be denied with prejudice. The motion failed by the following vote: AYES: Council Members Haskin and Picht NOES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Stevenson, and Davis ABSENT: None The original motion to deny ZC-03-204 without prejudice carried unanimously. Citizen Ms. Oneta Henry, 2401 Petty Place, appeared before Council Presentations requesting to be disannexed from Fort Worth. She stated since Oneta Henry March 2003, she had been unable to determine her address. She expressed concerns with poor services from the Fort Worth Police CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 2003 PAGE 12 of 12 and Fire Departments and stated that Northlake Police and the Justin Fire Department responded to their 911 calls. She added that they still do not have water or sewer services and requested that she be disannexed from the City of Fort Worth. Terry Henry Mr. Terry Henry, 2403 Petty Place, appeared before Council requesting to be disannexed from Fort Worth. He stated that Texas Motor Speedway (TMS) had torn up his culverts and now he had a standing water problem that needed to be addressed. He added that NASCAR vehicles sped down the highway during events at TMS but Fort Worth Police worked at TMS at these times and did not patrol the highway any other time. He further stated that if he left his property during a TMS event, he could not get back on his property. He stated that Council needed to take action on these issues. James Henry Mr. James Marty Henry, 2401 Petty Place, appeared before Council relative to his arrest by Fort Worth Police. He alleged physical and verbal mistreatment by arresting officers as a result of him trying to earn a living on his property. John Prater Mr. John Prater, 3820 Marks Place, appeared before Council relative to solid waste pickup. He asked that action be taken to ensure residents store their containers away from public view after being emptied and stated that he and several of his neighbors desired to return to the previous system. Joan Crownover Ms. Joan Crownover, 1041 East Robert Street, representing the South Side Urban Development, appeared before Council relative to poor lighting and trash in the parking lot of the Sack `N Save in her neighborhood, demolition of the apartments on Glen Garden and Riverside, recycling efforts downtown, and the need for a blue waste container at 1130 East Robert Street. Haidi Tu Ms. Haidi Tu, 5033 Cobham Way #705, appeared before Council relative to a Proclamation for Falun Dafa Day. Robert McKee Mr. Robert McKee, 222 W. 4th Street #511, appeared before Council and requested a Pepperidge Farm store be located in his neighborhood. Adjournment There being no further business, the meeting was adjourned at 8:50 P.M. CITY SE-FWETARY MA OR