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HomeMy WebLinkAbout2002/12/03-Minutes-City Council CITY COUNCIL MEETING DECEMBER 3, 2002 Date & Time On the 3rd day of December, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 10:40 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 Reverend Ken Ehrke, Agape Metropolitan Community 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 November 26, 2002, were approved unanimously. Special Council Member Davis presented a Proclamation for National Presentations Conference for Community and Justice Day to Ms. Emily Trantham. Ms. Trantham thanked the Council for the proclamation and invited them to attend their dedication of a park bench at Trinity Park, December 11, 2002, at 4:00 p.m. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda was adopted unanimously. Appointments Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, to appoint Gerald G. Payne, Jr. to Place 2 on the City Plan Commission effective December 3, 2002, and with a term expiring October 1, 2004. The motion carried unanimously. Res. #2896 There was presented Resolution No. 2896 setting the salary of the Set Salary of Human Relations Commission (HRC) Director for the Fiscal Year HRC Director for 2002-2003. Council Member Haskin made a motion, seconded by FY2002-2003 Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. OCS-1320 There was presented Mayor and Council Communication No. OCS- Claims 1320 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. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 3, 2002 PAGE 2of9 G-13730 There was presented Mayor and Council Communication No. G- Reconsideration 13730 Amended, dated September 10, 2002, from the City Manager Moved Until recommending that the City Council adopt an ordinance amending After Executive Ordinance No. 13543, as previously amended by Ordinance Nos. Session 13672, 13673, 13674, and 13842 codified as Chapter 2, Article VI, Division 1 entitled "Employees' Retirement Fund", of the Code of the City of Fort Worth (1986), as amended, which ordinances establish a retirement system, retirement plan and benefits thereunder for employees of the City of Fort Worth; establishing a deferred retirement option program (DROP) under the retirement ordinance; and providing members with an opportunity to purchase credited service by paying the actuarial cost of such service. (For Reconsideration) Mayor Barr stated that this issue would be considered after the Executive Session but that citizen comments would be heard at this time. John Kerr Mr. John Kerr, 1200 Blackberry Court, Crowley, TX, representing the Fort Worth Police Officers' Association, appeared before Council in support of the ordinance. Ms. Linda Cobb, Human Resources Director, briefed the Council on various elements of the DROP ordinance. Upon Mayor Barr's request, she explained that an S01 employee was a temporary employee that was either hired on a seasonal basis or for a short period of time who received no benefits from the City. After a lengthy discussion amongst Council, the following individuals addressed Council in support of the DROP ordinance: Pat Vasquez, Mr. Pat Vasquez 417 N. Retta David Manning Fort Worth Professional Firefighters Association Mr. David Manning 10321 Westridge Road Chairman, Board of Trustees of the Employees' Retirement Fund G-13816 There was presented Mayor and Council Communication No. G- Res. #2897 13816 from the City Manager recommending that the City Council 4t" Amendment approve Resolution No. 2897 adopting the Fourth Amendment to to Annexation the City of Fort Worth's annexation plan to remove Linkwood Plan to Remove Estates and El Rancho Estates. It was the consensus of the City Linkwood Council that the recommendation be adopted. Estates & El Rancho Estates CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 3, 2002 PAGE 3of9 G-13817 There was presented Mayor and Council Communication No. G- Ord. #15352 13817 from the City Manager recommending that the City Council Allow 31 Head-In adopt Ordinance No. 15352 allowing the creation of thirty-one (31) Parking Spaces head-in parking spaces at the property located at 6000 Sunset on South Side of Drive subject to certain conditions and requirements as provided 6000 Sunset herein. It was the consensus of the City Council that the Drive recommendation be adopted. G-13818 There was presented Mayor and Council Communication No. G- Ord. #15353 13818 from the City Manager recommending that the City Council Amend Section adopt Ordinance No. 15353 amending Section 13-27 of Chapter 13, 13-27 of Chapter "Fire Prevention and Protection", of the Code of the City of Fort 13, "Fire Worth (as amended), clarifying the terminology for providing for Prevention & supplemental compensation in the form of assignment pay to Protection" firefighters who are assigned to perform specialized duties within the Fire Department; providing for elimination of eligibility for the category of Section Manager for Fire Investigation; providing for supplemental compensation in the form of assignment pay for the category of Chief Investigator; providing for elimination of eligibility for the category of Recruitment Chief; providing for supplemental compensation in the form of assignment pay for the category of Community Relations Chief; deleting the term "Assistant" from duty assignment: Assistant Fire Marshal; providing that this ordinance does not create a new civil service classification or vacancy; providing for adoption by reference of a statement of intent and purpose in adopting this ordinance. It was the consensus of the City Council that the recommendation be adopted. G-13819 There was presented Mayor and Council Communication No. G- Continue 13819 from the City Manager recommending that the City Council Membership in authorize the continued participation and membership in the Water Water Environment Research Foundation for the Water Department at a Environment membership fee of $37,720.00. It was the consensus of the City Research Council that the recommendation be adopted. Foundation G-13820 There was presented Mayor and Council Communication No. G- Ord. #15354 13820 from the City Manager recommending that the City Council: Monetary Gifts for Funding 1. Authorize the City Manager to accept a gift of $66,845.58 Botanic Gardens from the Fort Worth Botanical Society, Inc. for the purpose Operations of funding for a period of one (1) year, the salary and benefits of a Gardener and a Senior Maintenance position at the Botanic Garden; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 3, 2002 PAGE 4 of 9 2. Accept a gift of $175,594.36 from the Fort Worth Garden Club, Inc. for the purpose of funding for a period of one (1) year, the salaries and benefits of a Center Coordinator, an Administrative Technician, an Audio Visual Specialist, and a Senior Maintenance Worker position at the Botanic Garden; and 3. Adopt Appropriation Ordinance No. 15354 increasing estimated receipts and appropriations in the Special Trust Fund, Botanic Garden Projects, by $242,439.94 from available funds for the purpose of funding the acceptance of monetary gifts for funding Botanic Garden operations. Council Member Wentworth made a motion, seconded by Council Member Haskin, that the recommendation be adopted with appreciation. The motion carried unanimously. L-13456 There was presented Mayor and Council Communication No. L- Permanent 13456 from the City Manager recommending that the City Council Easements authorize the acceptance of three permanent easements described as part of the A. Fernandez Survey, Abstract No. 506, Tarrant County, Texas, from the City of Crowley required for the construction of the Southside III 36-inch Waterline Project (DOE 3416). It was the consensus of the City Council that the recommendation be adopted. L-13457 There was presented Mayor and Council Communication No. L- Condemnation 13457 from the City Manager recommending that the City Council of Permanent declare the necessity of taking an interest for easement rights in a Easement & parcel of land in northwest Tarrant County (DOE 3638) from Dale S. Temporary Boaz for construction of a 36-inch water main, and authorize the Construction City Attorney to institute condemnation proceedings to acquire the Easement interest in the land. It was the consensus of the City Council that the recommendation be adopted. L-13458 There was presented Mayor and Council Communication No. L- Sale of Tax 13458 from the City Manager recommending that the City Council Foreclosed approve the direct sale of the tax foreclosed property described as Property Lot 5, Block 72, Polytechnic Heights Addition (3423 Avenue J) to Ronald Dansby, Sr. in accordance with Section 34.015 of the Texas Tax Code (DOE 920) for a cost of $1,996.00; and authorize the City Manager to execute an appropriate deed conveying the property to Ronald Dansby, Sr., and record the deed. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 3, 2002 PAGE 5of9 L-13459 There was presented Mayor and Council Communication No. L- Permanent 13459 from the City Manager recommending that the City Council Easement approve the acceptance of one permanent easement described as A-1276, Charles Tydings Survey, Denton County, Texas, located north of State Highway 114, and west of FM156 (DOE 3363) from Faye Law needed for new development of Harriet Creek Ranch for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13460 There was presented Mayor and Council Communication No. L- Permanent 13460 from the City Manager recommending that the City Council Utility Easement approve the acceptance of one permanent utility easement described as a portion of Tract 2F, Abstract No. 212, Coleman Boyd Survey, from Headington Realty & Capital, L.P. for construction of a 36-inch water line to serve Sendera Ranch from Wagley- Robertson Road to US287 for a cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. L-13461 There was presented Mayor and Council Communication No. L- Condemnation 13461 from the City Manager recommending that the City Council of Permanent declare the necessity of taking an interest for easement rights in a Easement & parcel of land in northwest Tarrant County (DOE 3638) from Jarvis Temporary Porter, Ann Porter Wilder, Mary Sue Porter Rabe and Priscilla Jane Construction Porter Speed for construction of a 36-inch water main, and Easement authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. It was the consensus of the City Council that the recommendation be adopted. L-13462 There was presented Mayor and Council Communication No. L- Conveyance of 13462 from the City Manager recommending that the City Council Permanent authorize the conveyance of one permanent easement and right-of- Easement & way described as part of Lot 2RC, Block B, River Hills Addition, Right-of-Way Fort Worth, Tarrant County, Texas, to Oncor Electric Delivery Company to provide for electric service to Fire Station No. 39, 7555 Oakmont Boulevard in southwest Fort Worth (DOE 3789) for a cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. L-13463 There was presented Mayor and Council Communication No. L- Underground 13463 from the City Manager recommending that the City Council Utility Easement approve the acceptance of one underground utility easement described as Eli Shriver Survey, Abstract No. 1455 from Hillwood Alliance Residential, L.P. and Walter R. Converse Survey, Abstract No. 248 from Standard Pacific of Texas, L.P. for property located CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 3, 2002 PAGE 6of9 south of Heritage Trace Parkway and west of Trace Ridge Parkway (DOE 3811) necessary of the construction, operation, maintenance and repair of underground utilities to serve the Heritage Addition in far north Fort Worth for a total cost of $20.00. It was the consensus of the City Council that the recommendation be adopted. C-19371 There was presented Mayor and Council Communication No. C- Ord. #15355 19371 from the City Manager recommending that the City Council: Amendment #3 A to mendment 1. Authorize the transfer of $78,481.50 from the Water and Agreement - Sewer Operating Fund to the Sewer Capital Project Fund; Dunaway & and Associates, Inc. 2. Adopt Appropriation Ordinance No. 15355 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $78,481.50 from available funds for the purpose of funding Amendment No. 3 with Dunaway and Associates, Inc. for the design of a sanitary sewer lift station to provide wastewater service to the Greenway Addition Model Block; and 3. Authorize the City Manager to execute Amendment No. 3 with Dunaway and Associates, Inc. for the design of a sanitary sewer lift station to provide wastewater service to the Greenway Addition Model Block, thereby increasing the amount of the contract by $78,481.50, from $244,251.30 to $322,732.80. It was the consensus of the City Council that the recommendation be adopted. C-19372 There was presented Mayor and Council Communication No. C- Holloman 19372 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute a contract with Holloman Corporation in the amount of $1,016,795.72 for the construction of the Eagle Mountain Water Treatment Plant Northside III High Service Pump Station Improvements. It was the consensus of the City Council that the recommendation be adopted. C-19373 There was presented Mayor and Council Communication No. C- Ord. #15356 19373 from the City Manager recommending that the City Council: Sprinkle `N Sprout 1. Approve the transfer of $142,910.00 from the General Fund Irrigation/ to the Park Improvements Fund; and Landscape, Inc. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 3, 2002 PAGE 7of9 2. Adopt Appropriation Ordinance No. 15356 increasing estimated receipts and appropriations in the Parks Improvements Fund in the amount of $142,910.00 from available funds for the purpose of funding a contract with Sprinkle `N Sprout Irrigation/Landscape, Inc. for the construction of playground improvements at Ridglea Hills and Van Zandt-Guinn Parks; and 3. Authorize the City Manager to execute a contract with Sprinkle `N Sprout Irrigation/Landscape, Inc. in the amount of $129,919.00 for the construction of playground improvements at Ridglea Hills and Van Zandt-Guinn Parks. It was the consensus of the City Council that the recommendation be adopted. C-19374 There was presented Mayor and Council Communication No. C- TLB 19374 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a contract with TLB Company, Inc. Construction Company, Inc. in the amount of $543,775.12 for the construction of a youth baseball field, parking, in-line hockey rink/basketball court, soccer practice field, and walkways for the Far North Community Park, Phase II Improvements. It was the consensus of the City Council that the recommendation be adopted. C-19375 There was presented Mayor and Council Communication No. C- Kimsward 19375 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute a license agreement for a lease with Kimsward Corporation for warehouse space located at 2600 West 7t" Street for use by the Solid Waste Division of the Environmental Management Department as cart storage and staging area during implementation of the new solid waste service plan; and authorize lease payment in the amount of $35,000.00 over the term of the lease from December 1, 2002, through June 30, 2003. Council Member Haskin made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Citizen Ms. Nancy Terrell, 5808 Azteca, appeared before Council relative to Presentations courtesy inspections conducted by representatives of the Nancy Terrell Development Department of businesses being annexed for limited purposes in the 287 Zone. She requested Council postpone the annexation of this area to allow business owners a little more time to prepare their businesses for compliance with City Code. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 3, 2002 PAGE 8of9 Mayor Barr asked City Manager Jackson to have staff respond to Ms. Terrell's comments and provide a report to Council. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:32 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: a) Restaurant Associates, Inc. v. Board of Adjustment and City of Fort Worth, Cause No. 096-191875-02; b) Alicia Marie Thomas, et al v. Curtis Mason, et al, Cause No. 067-196198-02; c) Bradley W. Hickey, et al v. City of Fort Worth, Cause No. 348-185345-00; d) Legal issues concerning Martha Lane drainage channel; e) Legal issues concerning any City Council agenda item; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 11:53 a.m. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 3, 2002 PAGE 9of9 G-13730 There was presented Mayor and Council Communication No. G- Reconsideration 13730 Amended, dated September 10, 2002, from the City Manager of Amended recommending that the City Council reconsider Ordinance No. Ord. #15334 15334 amending Ordinance No. 13543, as previously amended by Amend Ord. Ordinance Nos. 13672, 13673, 13674, and 13842 codified as Chapter #13543, as 2, Article VI, Division 1 entitled "Employees' Retirement Fund", of Amended by the Code of the City of Fort Worth (1986), as amended, which Ord. #s 13672, ordinances establish a retirement system, retirement plan and 13673, 13674, & benefits thereunder for employees of the City of Fort Worth; 13842, Chapter establishing a deferred retirement option program under the 2, Article VI, retirement ordinance; and providing members with an opportunity Division 1, to purchase credited service by paying the actuarial cost of such Entitled service. "Employees' Retirement Council Member Lane made a motion, seconded by Council Fund" Member Picht, that the recommendation be adopted with the amendments as previously approved at the November 19, 2002 meeting. Council Member Davis made a substitute motion, seconded by Council Member Wentworth to continue this item until July 29, 2003. The motion failed by the following vote: AYES: Council Members Haskin, Moss, Wentworth and Davis NOES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox and Picht ABSENT: None The original motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox and Picht NOES: Council Members Haskin, Moss, Wentworth and Davis ABSENT: None Adjournment There being no further business, the meeting was adjourned at 12:05 p.m.