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HomeMy WebLinkAbout2001/01/16-Minutes-City Council CITY COUNCIL MEETING JANUARY 16, 2001 Date & Time On the 16th day of January, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 10:16 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Bob Terrell; City Attorney David Yett; City Secretary Gloria Pearson. Mayor Kenneth Barr was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Cal Hoffman, Edge Park United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Lane, seconded by Council Member Haskin, the minutes of the regular meeting of January 9, 2001, were approved unanimously. Special Council Member Haskin introduced Joshua Kirby and his Presentations grandfather Arthur Kirby. She stated that Joshua was from Boy Scout Troop 98 and was attending the Council Meeting working on his Life Badge, which is his last step before Eagle Scout. She presented each of them with City pins. Announcements Council Member Lane announced that the Roseland/Marine Theater would start having live performances starting at 7:30 and 9:30 p.m. January 19, 2001. Tickets for performances may be purchased at the theater or by calling (817) 514-7122. Council Member Haskin announced that a Town Hall Meeting would be conducted for District 2 and the northern part (areas north and west of Hwy 121) of District 4 on January 23, 2001 at 7:00 p.m. at Midtown Church of Christ Auditorium, 1701 Oakhurst Scenic Drive. She added that anyone desiring further information could call the Council office at(817) 871-880218804. Council Member Picht announced that he would conduct a Fort Worth District 6 citizen's meeting on January 25, 2001 at 7:00 p.m. at the Southwest Community Center, 6400 Welch Avenue. Withdrawn from City Manager Terrell requested that Mayor and Council Consent Agenda Communication No. C-18433 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 16, 2001 PAGE 2Of11 Continued/ City Manager Terrell requested that Mayor and Council Withdrawn Communication No. G-13130 be continued for one week. Consent Agenda On motion of Council Member Wentworth, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. OCS-1184 There was presented Mayor and Council Communication No. OCS- Claims 1184 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1185 There was presented Mayor and Council Communication No. OCS- Res. # 2699 1185 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2699 setting regular zoning Zoning Hearing hearing for February 13, 2001. On motion of Council Member Davis, seconded by Council Member Haskin, the recommendation was adopted unanimously. G-13127 There was presented Mayor and Council Communication No. G- Ord. # 14485 13127 from the City Manager recommending that the City Council: Ord. # 14486 Ord. # 14487 1. Authorize the City Manager to enter into agreements with Ord. # 14488 independent contractors for third party plumbing Ord. # 14489 inspectors to perform plumbing inspections within the Agreements and City of Fort Worth; and Ordinances 2. Adopt Ordinance No. 14485 amending the Fort Worth Establishing Building Code, by providing for the holding of a deposit Third Party to cover the Plumbing inspection of buildings by Plumbing Insp. approved third party organizations; providing penalties for the violation thereof; 3. Adopt Ordinance No. 14486 amending the Fort Worth Mechanical Code, by providing for the holding of a deposit to cover the Plumbing Inspection of buildings by approved third party organizations; providing penalties for the violation thereof; 4. Adopt Ordinance No. 14487 amending the Fort Worth Plumbing Code, by providing for the holding of a deposit to cover the Plumbing Inspection of buildings by approved third party organizations; providing penalties for the violation thereof; CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 16, 2001 PAGE 3of11 5. Adopt Ordinance No. 14488 amending the Fort Worth Electrical Code, by providing for the holding of a deposit to cover the Plumbing Inspection of buildings by approved third party organizations; providing penalties for the violation thereof; 6. Adopt Ordinance No. 14489 increasing the estimated receipts and appropriations in the General Fund in the amount of $115,000 from available funds for the purpose of funding the implementation of the third party plan review and inspection services for building, electrical, and mechanical codes. It was the consensus of the City Council that the recommendation be adopted. G-13128 There was presented Mayor and Council Communication No. G- Res. # 2700 13128 from the City Manager recommending that the City Council Cantey & Hanger adopt Resolution No. 2700 increasing by $100,000.00 to as Legal $230,000.00 the maximum amount to be paid to Cantey & Hanger Counsel for B. as outside counsel to represent former Public Events Director B. Don Magness Don Magness in the case of Elizabeth "Jay" Seymour, Pamela Denise Wright and Patricia Hale v. B. Don Magness and the_CEtv_of Fort Worth, Cause No. 352-174866-98. It was the consensus of the City Council that the recommendation be adopted. G-13129 There was presented Mayor and Council Communication No. G- Ord. # 14490 13129 from the City Manager recommending that the City Council Grant authorize the City Manager to submit an application to the Application to Environmental Protection Agency for the purpose of funding a Environmental Brownfields Cleanup Revolving Loan Fund (BCRLF); authorize the Protection City Manager to accept and execute the BCRLF Cooperative Agency Agreement, if awarded; and adopt Appropriation Ordinance No. 14490 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $1,000,000.00 subject to the receipt of the funds from the Environmental Protection Agency for the purpose of funding the Brownfields Economic Redevelopment Program. It was the consensus of the City Council that the recommendation be adopted. G-13130 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-13130, Appeal of Decision of Historic and One Week Cultural Landmarks Commission to Deny Certificate of Appropriateness for Demolition of Structure at 810 Ingram Street, be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 16, 2001 PAGE 4 Of 11 G-13131 There was presented Mayor and Council Communication No. G- Rezoning of 13131 from the City Manager recommending that the City Council Certain authorize the City Manager to initiate rezoning of certain properties Properties in the located generally along the western shore of Lake Arlington, south Vicinity of the of the 6100 block of Ramey Avenue, east of the 2800-5300 blocks of Western Shore Interstate Loop 820, and north of Interstate 20, in accordance with of Lake the 2000 Comprehensive Plan. Arlington South Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the property owner, appeared before Council and requested that his client's parcel of land be excluded from the rezoning. Council Member Moss stated that he did not have a problem In releasing the property if it was a part of the initial zoning that occurred approximately three years ago changing the zoning to "MH" Manufactured Housing. City Attorney Yett stated that if it was the Council's pleasure to adopt this M&C that they do so with the understanding that it starts the rezoning process, but to instruct staff to investigate the issue and act accordingly. Fernando Costa, Planning Department Director, informed Council that the official zoning map indicated that the property was currently zoned "C" Multi-Family rather than "MH" Manufactured Housing. He added that Council might wish to change the zoning to "MH" to clarify the zoning with respect to the existing use. Assistant City Attorney Marcella Olson stated that the first paragraph on Page 2 of the M&C needed to be amended to read as follows: Approval of this Mayor and Council Communication would authorize initiation of rezoning of these properties, as described in Attachment "A", from "J" Medium Industrial, "I" Light Industrial, "IP" Industrial Park, "E" Neighborhood Commercial, "FR" General Commercial Restricted, "C" Medium Density Multifamily, "B" Two-Family Residential and "MH" Manufactured Housing to "A-5" One-Family Residential or a more restrictive one- family residential district. She also advised Council that Attachments A and B should reflect the same language..."A5" One- Family Residential or a more restrictive one-family residential district. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 16, 2001 PAGES of 11 Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted, as amended. The motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Wentworth, and Davis NOES: Council Members Silcox and Picht ABSENT: Mayor Barr G-13132 There was presented Mayor and Council Communication No. G- Ord. # 14491 13132 from the City Manager recommending that the City Council Moratorium on upon approval of Mayor and Council Communication No. G-13131, Acceptance of adopt Ordinance No. 14491 adopting a moratorium on acceptance Applications for of concept plans, preliminary plats, unified residential development Development of site plans, and applications for building permits and other Property in the development permits for certain properties located in the vicinity of Vicinity of the the western shore of Lake Arlington, south of the 6100 block of Western Shore Ramey Avenue, east of the 2800-5300 blocks of Interstate Loop of Lake 820, and north of Interstate 20, except for development permits Arlington consistent with "A-5" One-Family Residential zoning, pending consideration of rezoning of such properties; establishing an appeals procedure. Assistant City Attorney Marcella Olson appeared and advised Council of amendments that needed to be made to the M&C and ordinance, as follows: 1. M&C, Paragraph 2 of the Discussion area required the following additional verbiage after "A-5" One-Family Residential: "or a more restrictive one-family residential district." 2. Ordinance, paragraph 1, required the following additional verbiage after "A-5" One-Family Residential: "or a more restrictive one-family residential district." 3. Ordinance, paragraph 5: delete "the proposed". 4. Ordinance, paragraph 6: delete "to A-5". 5. Ordinance, paragraph 8, line 4: delete "the proposed". CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 16, 2009 PAGE 6 Of 11 6. Ordinance, paragraph 8, line 7. delete "to "A-5" One-Family Residential". 7. Ordinance, Section 1, paragraph A: Delete "A-5". 8. Ordinance, Section 1, paragraph D; Delete "to "A-5" One- Family Residential". 9. Attachments A and B required the same change as reflected for Attachments A and B in M&C G-13131. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted as amended. The motion carried by the following vote: AYES. Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Wentworth, and Davis NOES. Council Members Silcox and Picht ABSENT. Mayor Barr G-1 3133 There was presented Mayor and Council Communication No. G- Juvenile 13133 from the City Manager recommending that the City Council Accountability authorize the City Manager to sign the Application Waiver for the Incentive Block Juvenile Accountability Incentive Block Grant monies from the Grant Texas Criminal Justice Division in the amount of$294,692.00 to the Tarrant County Juvenile Services in support of the three purpose areas chosen by the Juvenile Crime Enforcement Coalition. On motion of Council Member Davis, seconded by Council Member Haskin, the recommendation was adopted unanimously. G-13134 There was presented Mayor and Council Communication No. G- Naming Police 13134 from the City Manager recommending that the City Council Administration approve the naming of the current police headquarters building at Building at 350 350 West Belknap the "Thomas R. Windham Building". On motion W. Belknap of Council Member Lane, seconded by Council Member Moss, the recommendation was adopted by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Wentworth, and Davis NOES. Council Member Silcox ABSENT. Mayor Barr CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 16, 2001 PAGE 7 of 11 Council Member Haskin stated that she had spoken with Mrs. Maria Windham whom expressed her appreciation to the Council for this recognition. P-9263 There was presented Mayor and Council Communication No. P- Purchase 9263 from the City Manager recommending that the City Council: Agreement for Overhead Door 1. Authorize a first renewal of a purchase agreement for Repair overhead door repair with Artex Overhead Door Company for the City of Fort Worth, based on the low bid received with payment due 30 days after receipt of invoice; and 2. Authorize this agreement to begin January 16, 2001, and expire January 15, 2002, with a one-year option to renew. It was the consensus of the City Council that the recommendation be adopted. P-9264 There was presented Mayor and Council Communication No. P- Purchase 9264 from the City Manager recommending that the City Council: Agreement for Aggregate, 1. Authorize a purchase agreement with Larry Rambo Trucking Flexible Ease, for the purchase of aggregate, flexible base, type A, grade 1 Type A, Grade 1 road materials for the Transportation and Public Works Department based on the low bid of $7.99 per ton, freight included, with payment due 30 days after receipt of invoice, and 2. Authorize this agreement to begin January 16, 2001, and expire January 15, 2002, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9265 There was presented Mayor and Council Communication No. P- Purchase 9265 from the City Manager recommending that the City Council Agreements to authorize the purchase agreements with Fox Scientific, Inc. and Provide Water Scientific & Industrial Sales & Services to provide water chemical Chemical reagents for the Water Department, Water Prod. Division, based on Reagents the low bid by line item, with payments due 30 days from the date of invoice and freight at no charge; and authorize them to begin January 30, 2001, and expire .January 29, 2002, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 16, 2001 PAGE 8Of11 P-9266 There was presented Mayor and Council Communication No. P- Purchase 9266 from the City Manager recommending that the City Council Agreement to authorize a purchase agreement with P. G. Walker to provide Provide industrial compressed gases for the City of Fort Worth based on Industrial the overall low bid of unit prices, with payment due in 30 days from Compressed date of invoice and freight at no charge; and authorize this Gases agreement to begin January 23, 2001, and expire January 22, 2002, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9267 There was presented Mayor and Council Communication No. P- Purchase of 9267 from the City Manager recommending that the City Council Excess Workers' authorize a contract with the Key and Piskuran Agency for the Compensation purchase of excess workers' compensation insurance through the Insurance Gulf Insurance Company; and authorize the contract and policy to begin January 16, 2001, and expire December 31, 2001, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9268 There was presented Mayor and Council Communication No. P- Purchase 9268 from the City Manager recommending that the City Council Agreement for authorize a purchase agreement for sulfur dioxide with DPC Sulfur Dioxide Industries, Inc. for the Water Department based on the sole bid of $0.1235 per pound, and shipping cost included to the receiving point, with payment due 30 days from the date of invoice; and authorize this agreement to begin January 16, 2001, and expire January 15, 2002, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-12974 There was presented Mayor and Council Communication No. L- Sale of City- 12974 from the City Manager recommending that the City Council Owned Lake approve the sale of 7300 Love Circle (Lot 20, Block 15, Lake Worth Worth Land Lease Survey) to the Texas Department of Transportation for the expansion of State Highway 199. It was the consensus of the City Council that the recommendation be adopted. L-12975 There was presented Mayor and Council Communication No. L- Accept 12975 from the City Manager recommending that the City Council Permanent approve the acceptance of one permanent easement described as Easement Abstract 1232, James E. Phillips Survey, Tarrant County, Texas, from Lumberman's Investment Corporation required for the CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 16, 2001 PAGE 9 of 11 construction of an underground water line (DOE 2904) for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12976 There was presented Mayor and Council Communication No. L- Accept 12976 from the City Manager recommending that the City Council Permanent approve the acceptance of one permanent sanitary sewer Sanitary Sewer easement described as Abstract 272, Antonio Castello Survey, Easement Tarrant County, Texas, from Lumberman's Investment Corporation required for the construction of sanitary sewer line L-12 (DOE 3078) for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. C-18427 There was presented Mayor and Council Communication No. C- Weber Cafeteria 18427 from the City Manager recommending that the City Council authorize City Manager to execute a three-year contract with two one-year renewal options with Weber Cafeteria Services to operate the snack bar and provide vending for the Municipal Complex for a monthly fee of $650.00 paid to the City. It was the consensus of the City Council that the recommendation be adopted. C-18428 There was presented Mayor and Council Communication No. C- Historic Camp 18428 from the City Manager recommending that the City Council Bowie Public authorize the City Manager to enter into a Letter of Agreement with Improvement the Historic Camp Bowie Public Improvement District No. 8 to District No. 8 manage the Banner Program on Camp Bowie Boulevard from University Drive to IH820. It was the consensus of the City Council that the recommendation be adopted. C-18429 There was presented Mayor and Council Communication No. C- Change Order 18429 from the City Manager recommending that the City Council No. 4 — Prime authorize the City Manager to execute Change Order No. 4 with Construction Prime Construction Company, Inc. in the amount of $79,865.00 and Company, Inc. allowing 30 additional days for the installation of a new electrical service and other improvements to the Roseland/Marine Theater necessary to support the theatrical lighting and sound system. It was the consensus of the City Council that the recommendation be adopted. C-18430 There was presented Mayor and Council Communication No. C- LANDTEC 18430 from the City Manager recommending that the City Council ENGINEERS, authorize the City Manager to execute a contract with LANDTEC LLC ENGINEERS, LLC for geotechnical and construction material CITY COUNCIL. MEETING FORT WORTH, TEXAS JANUARY 16, 2001 PAGE 10 Of 11 testing services for a period of eighteen months, with an aggregate fee not-to-exceed $200,000-00. It was the consensus of the City Council that the recommendation be adopted. C-18431 There was presented Mayor and Council Communication No. C- Change Order 18431 from the City Manager recommending that the City Council No. 4 —Texas- authorize the City Manager to execute Change Order No. 4 to City Sterling Secretary Contract No. 25730 with Texas-Sterling Construction, Construction, Inc. in the amount of $45,537.44 to provide for additional pay item Inc. (25730) quantities, thereby increasing the contract amount to $765,864.14. It was the consensus of the City Council that the recommendation be adopted. C-18432 There was presented Mayor and Council Communication No. C- Ord. # 14492 18432 from the City Manager recommending that the City Council; Westhill Construction, 1. Authorize the City Manager to transfer $214,000-00 from the Inc. Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $203,300.00 and the Sewer Capital Project Fund in the amount of $10,700.00; and 2. Adopt Appropriation Ordinance No. 14492 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $203,300.00 and in the Sewer Capital Project Fund in the amount of $10,700.00 from available funds for the purpose of funding a contract renewal with Westhill Construction, Inc., for Utility Cut Repair Contract 2000A; and 3. Authorize the City Manager to execute the renewal of a contract with Westhill Construction, Inc. in the amount of $200,000.00 and 365 calendar days for Utility Cut Repair Contract 2000A, revising the total contract to $800,000.00. It was the consensus of the City Council that the recommendation be adopted. C-18433 There was presented Mayor and Council Communication No. C- Termination of 18433 from the City Manager recommending that the City Council CSC Nos. 10048 authorize the City Manager to terminate City Secretary Contract and 17672 and Nos. 10048 and 17672 and execute a new Lease Agreement with New Agreement Texas Jet for Lease Sites 21 N and 31 N at Fort Worth Meacham with Texas Jet International Airport. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY" 16, 2001 PAGE 11 of 11 City Manager Terrell stated that the M&C needed to be amended to delete all references to City Secretary Contract No. 17672 as this contract would remain current. Council Member Davis made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C- 18433 be approved, as amended. The motion carried unanimously. Citizen Ms. Jeanne Strickland, 800 E. Felix, appeared before Council Presentations regarding Police Department actions at a crime scene. Recessed into It was the consensus of the City Council that they recess into Executive executive session at 90.47 a.m. to: Session I. 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: a) Zimlich v. City of Fort Worth, Cause No. 98-104; b) Fort Worth I.S.D. v. City of Fort Worth and Southwestern Bell Telephone Company, Cause No. 348-156227-94; c) Seymour, et al v. City of Fort Worth, et al, Cause No. 249- 68-98; d) City of Fort Worth v. George Joseph and Thakorial "Ted" Mistry, Cause no. 153-178200-99; e) Legal issues concerning any City Council agenda item; as authorized by Section 551.071 of the Texas Government Code; and 2. Deliberate concerning economic development negotiations as authorized by Section 551.086 of the Texas Government Code; and 3. Deliberate concerning the appointment of a City Manager, as authorized by Section 551.074 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 11;15 a.m. Adjournment There being no further business, the eeting was adJo rned at 11• a.m. CITY SEqRETARY MAYOR