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HomeMy WebLinkAbout2001/04/10-Minutes-City Council CITY COUNCIL MEETING APRIL 10, 2001 Date & Time On the 10th day of April A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 7:13 p.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, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Becky Haskin was absent. With more than a quorum present, the following business was transacted. Invocation The invocation was given by Reverend James Borchert, Emanuel Christian Fellowship Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of April 3, 2001, were approved unanimously. Special Ms. Anne Moroneso, Chair of Fort Worth Sister Cities Trier Presentations Committee, introduced high school exchange students from Trier, Germany and stated that the students had spent the last two weeks in Fort Worth learning about our culture. Student representatives expressed their appreciation to everyone who made their exchange possible and that they looked forward to exchange students from Fort Worth visiting Trier later this year. Mayor Barr thanked them for coming to Fort Worth to visit and commented on the friendship between Fort Worth and Trier. Council Member Silcox presented a Proclamation for Recognition of Police Reserves Day to Reserve Lieutenant Chip Jones and stated that although the City had a fantastic Police Department, the police reserve was seldom recognized for the fantastic job they did as non-compensated volunteers. Lieutenant Jones expressed appreciation for the City's support and that of Chief Ralph Mendoza. He introduced Sergeant Roy Ward who was retiring after serving 40 years as a Police Reserve Officer. Chief Mendoza and John Kerr, President of the Police Officers' Association, commended Sergeant Ward and stated that he provided exemplary service and that he was the epitome of a public servant. Sergeant Ward thanked the City of Fort Worth for letting him serve and also expressed appreciation to his fellow reserve officers, his wife, and family for their support. Chief Mendoza also recognized the 69 person reserve unit present in the Council Chamber. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 Page 2 of 21 Council Member Davis presented Proclamations for 2001 Fort Worth Outstanding Women's Day to each of the following recipients: Volunteer category, Carol M. Alvarado and Judith L. Harman; Work Place category, Margo Dean, Belinda Gonzalez Hampton, and Ruth Tunstle; Commissioner Awards, Volunteer category, Texas Lil; Work Place category, Carlela Vogel. The recipients thanked the commission and their supporters for the recognition. Mayor Pro tempore McCloud presented a Proclamation for Organ and Tissue Donor Awareness Week to Ms. Sherry Rhodes. Ms. Rhodes thanked the Council for their support and stressed the importance of organ donation stating that eight people die each day waiting for organ transplant. She provided organ donor cards to be distributed to anyone interested in donating their organs. Announcements Council Member Davis congratulated Rosanne Rosenthal for a very successful Run for the Cure and appreciated the hard work of all those involved. She stated that over 16,000 runners participated to raise money for breast cancer awareness. Council Member Moss announced a hearing was held at 10:00 a.m. Saturday, April 7, 2001 at the Holy Tabernacle Church regarding the East Rosedale expansion from 1-820 to 287. He also announced that a meeting would be held on April 19, 2001 at 7:00 p.m. at Dunbar High School regarding plans to improve 1-820 from Meadowbrook to Highway 287. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. L-13025 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. C-18543 be continued for one week. Staff Consent Agenda On motion of Council Member Wentworth, seconded by Council Member Silcox, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Davis made a motion, seconded by Council Member Silcox, that the following persons be appointed to the Minority and Women Business Enterprise Advisory Committee, effective April 10, 2001, with terms to expire November 23, 2003. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 PAGE 3 of 21 Chamber of Commerce Appointees Dean Bridges American Indian Chamber Dazzle Shrestha Asian Chamber Louis Sturns Black Chamber Carole Myer Hicks Downtown Chamber Marilou Martinez Stevens Hispanic Chamber Individual Appointees Wyntress Ware Ware & Associates Javier Lucio RPGA Design Group (Reappointment expiring November 23, 2002) Guadalupe Arriola McDonald's Restaurant Reba Henry Interstar Marketing & Public Relations Organizational Appointees Frances Loyd Women In Construction Antoin J. Espritt AGC, Building Division Ann Kovich Consulting Engineers Council The motion carried unanimously. Mayor Pro tempore McCloud stated that although he supported these appointments, there were two Council districts that had significant economic development in their areas but were not represented by these appointments. Council Member Davis informed Mr. McCloud that there was one remaining vacancy in the Organizational category and asked that he submit nominations to the Governmental Relations Committee. OCS-1203 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1203 from the Office of the City Secretary recommending that the City Council authorize the acceptance of these liability bonds, as follows: PARKWAY CONTRACTOR INSURANCE Branch & Sons Contractors, Inc. Western Surety Company Bobby Clark Concrete Old Republic Surety Company Don Flaherty, Inc. Merchants Bonding Company Fort Worth Excavating Insurors Indemnity Company Giles Masonry, Inc. Merchants Bonding Company Martinez, Felipe Merchants Bonding Company Tri-State Construction, Inc. Cumberland Casualty & Surety CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 Page 4 of 21 It was the consensus of the City Council that the recommendation be adopted. OCS-1204 There was presented Mayor and Council Communication No. OCS- Claims 1204 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-1205 There was presented Mayor and Council Communication No. OCS- Contract with 1205 from the Office of the City Secretary recommending that the Tarrant County contract with Tarrant County for election services for the May 5, for Election 2001 election be approved in the amount of $180,233.00. Council Services on May Member Wentworth made a motion, seconded by Council Member 5, 2001 Silcox, that the recommendation be adopted. The motion carried unanimously. G-13199 There was presented Mayor and Council Communication No. G- Waiver of Rental 13199 from the City Manager recommending that the City Council Fee for Use of approve the waiver of the rental fee for use of the Round Up Inn Round Up Inn and Cactus Room by the Fort Worth Independent School District and Cactus (FWISD) on May 10, 2001. The FWISD is requesting this waiver for Room by FWISD the School and Community Partnerships/Volunteer Recognition Dinner. Council Member Moss advised Council that his wife was a member of the FWISD Board, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting on this issue. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Haskin NOT VOTING: Council Member Moss CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 PAGE 5 of 21 Public Hearing It appeared that the City Council set today as the date for the first public hearing for review of the curfew ordinance for minors and adoption of current curfew ordinance for three more years. Mayor Barr asked if there was anyone present desiring to be heard. Deputy Chief of Police Randy Ely, appeared before the Council, gave a staff report, and advised Council that staff should be directed to set April 17, 2001, as the second public hearing and called attention to Mayor and Council Communication No. G-13200, as follows: G-13200 There was presented Mayor and Council Communication No. G- Public Hearing 13200 from the City Manager recommending that the City Council: on Curfew Ordinance for 1. Review the effect of the curfew ordinance for minors on the Minors community and on the problems the ordinance was intended to remedy; and 2. Conduct public hearings on April 10 and 17, 2001 on the need to continue the ordinance; and 3. Adopt an ordinance that continues the present curfew ordinance for minors for three more years. There being no one else present desiring to be heard, Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed, that the second public hearing be set for April 17, 2001, and that adoption of the ordinance occur on May 15, 2001. The motion carried unanimously. Mayor Barr stated that this would be an action item on the May 15, 2001 anda which would allow this issue to be discussed at the May 12 Youth Town Hall meeting. G-13201 There was presented Mayor and Council Communication No. G- Extension of 13201 from the City Manager recommending that the City Council Injury Leave-of- deny Police Officer Herbert Munke's request for an extension of Absence Pay for injury leave-of-absence pay benefits. Council Member Silcox made Police Officer a motion, seconded by Council Member Davis, that the Herbert J. recommendation be adopted. The motion carried by the following Munke vote: CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 Page 6 of 21 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Moss, Picht, Wentworth, and Davis NOES: Council Member Lane ABSENT: Council Member Haskin P-9330 There was presented Mayor and Council Communication No. P- Change Order 9330 from the City Manager recommending that the City Council for Demolition of authorize a change order with Sibley Services Environmental Substandard Contractors, Inc. for the demolition of commercial substandard Property at 1201 property at 1201 South Henderson for the City Services South Department, Code Compliance Division, in the amount of $8,500.00. Henderson If the change order is approved, the revised total compensation amount will be $22,500.00. It was the consensus of the City Council that the recommendation be adopted. P-9331 There was presented Mayor and Council Communication No. P- Purchase 9331 from the City Manager recommending that the City Council Agreement with authorize a purchase agreement with Avizion Technologies Group Avizion for contract technical help for the Information Technology Technologies Solutions Department using the State of Texas Catalogue Group purchasing procedure and authorize this agreement to begin April 10, 2001, and expire April 9, 2002, with options to renew for four successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9332 There was presented Mayor and Council Communication No. P- Purchase 9332 from the City Manager recommending that the City Council Agreement for authorize a purchase agreement with J/P Installations for installing Cabling and cabling and wiring infrastructures for the Information Technology Wiring Solutions Department using the State of Texas Catalogue Infrastructures purchasing procedure and authorize this agreement to begin April 10, 2001, and expire April 9, 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-9333 There was presented Mayor and Council Communication No. P- Purchase of 9333 from the City Manager recommending that the City Council Capillary authorize the purchase from Applied Biosystems of a capillary Electrophoresis Genetic Analyzer, electrophoresis genetic analyzer, computer hardware, software and Hardware, Software maintenance for the Police Department on the basis of sole source, and Maintenance with payment due 30 days from the date of the invoice, freight CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 PAGE 7 of 21 prepaid and added, f.o.b. Foster City, California, for a total cost of $89,110.00. It was the consensus of the City Council that the recommendation be adopted. P-9334 There was presented Mayor and Council Communication No. P- Purchase 9334 from the City Manager recommending that the City Council Agreement for authorize a purchase agreement with Shermco Industries, Inc. for High Voltage high voltage equipment service for the Water Department based on Equipment the low bid received with payments due 30 days after receipt of the Service invoice and authorize the agreement to begin April 10, 2001, and expire April 9, 2002, with two one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-9335 There was presented Mayor and Council Communication No. P- Purchase 9335 from the City Manager recommending that the City Council Agreements for authorize purchase agreements for vehicle rental leasing with Vehicle Rental Capps Rent A Car and Automotive Leasing Center for the Police Department based on the overall lowest bids with payments due 30 days from the date of the invoice and authorize this agreement to begin April 10, 2001, and expire April 9, 2002, with options to renew for two additional one-year periods. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. P-9336 There was presented Mayor and Council Communication No. P- Amend M&C No. 9336 from the City Manager recommending that the City Council P-9292 for authorize the amendment of M&C P-9292 to purchase an additional Authorization for Ford E150 passenger van from Cleburne Ford for the Police Purchase of Department for a total cost of $19,988.00 and payment is due 30 Passenger Van days from the date the invoice is received. Mr. Robert Combs, Purchasing Director, and Assistant City Manager Libby Watson appeared before the City Council and advised Council that a cost savings occurred after the original purchase and it was then realized that an additional vehicle could be purchased for the purpose of transporting police personnel and equipment. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 Page 8 of 21 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Wentworth, and Davis NOES: Council Member Picht ABSENT: Council Member Haskin P-9337 There was presented Mayor and Council Communication No. P- Printing of Water 9337 from the City Manager recommending that the City Council Quality Report authorize a purchase agreement for printing of the Water Quality and Envelopes Report with SFI, Inc., and printing of envelopes with Westvaco-US Envelope Division for the Water Department based on the low bid with payment due 30 days after the invoice date, freight included in the unit cost and authorize this agreement to begin April 17, 2001, and expire April 16, 2002, with options to renew for two additional one-year periods. Council Member Silcox made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. L-13024 There was presented Mayor and Council Communication No. L- Conveyance of 13024 from the City Manager recommending that the City Council Residential authorize the conveyance of one single-family residential property Property in described as Lot 42, Block 21 of the Revision of the Third Connection with Installment of the Northwest Park Addition, to Glenda Shelton in D/FW Airport connection with the D/FW International Airport Noise Mitigation Noise Mitigation Program; authorize the sale proceeds of $70,000.00 be retained in the D/FW International Airport Noise Mitigation Program in accordance with Resolution No. 2472; and authorize the City Manager to accept and record the appropriate instruments for retention of avigation easements over the properties. It was the consensus of the City Council that the recommendation be adopted. L-13025 There was presented Mayor and Council Communication No. L- Pipeline License 13025 from the City Manager recommending that the City Council for Harriet Creek approve the acceptance of one pipeline license from the Burlington Ranch Northern and Santa Fe Railway Company for Harriet Creek Ranch, Phase II, Blocks 18-23 (DOE 3177) for a one-time cost of $3,550.00 which includes a $2,500.00 processing fee and an $800.00 charge for participation in the licensor's blanket insurance policy. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 PAGE 9 of 21 City Manager Jackson stated that the recommendation portion of the M&C needed to be corrected to reflect a $250.00 processing fee and not one of$2,500.00. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted, as amended. The motion carried unanimously. L-13026 There was presented Mayor and Council Communication No. L- Release and 13026 from the City Manager recommending that the City Council Abandonment of approve the release and abandonment of all City rights, title and Wall Easement interest in a wall easement to use the southernmost wall of the building located at 1111 Monroe Street. It was the consensus of the City Council that the recommendation be adopted. L-13027 There was presented Mayor and Council Communication No. L- Ground Lease 13027 from the City Manager recommending that the City Council with Texas Jet authorize the City Manager to execute a ground lease agreement Inc. with Texas Jet, Inc. for 5,250 square feet of unimproved property at Fort Worth Meacham International Airport for $997.50 per year. It was the consensus of the City Council that the recommendation be adopted. L-13028 There was presented Mayor and Council Communication No. L- Sale of City- 13028 from the City Manager recommending that the City Council Owned Lake approve the sale of the various City-owned Lake Worth properties Worth Lease and authorize the City Manager to execute the appropriate deeds Survey conveying the property to the highest bidder for each property. Properties Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. L-13029 There was presented Mayor and Council Communication No. L- Continued for 13029 from the City Manager recommending that the City Council Two Weeks declare the necessity of taking an interest in five properties required for the development of Evans Avenue and Rosedale Street Business and Cultural District and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the properties. Mayor Pro tempore McCloud made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. L-13029 be continued for two weeks. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 Page 10 of 21 L-13030 There was presented Mayor and Council Communication No. L- Ground Lease 13030 from the City Manager recommending that the City Council with Steve Price authorize the City Manager to execute a ground lease with Steve Price, an individual, for 2,375 square feet of unimproved and 1,200 square feet of improved land at Fort Worth Spinks Airport for $310.00 per year. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-18533 There was presented Mayor and Council Communication No. C- Consent 18533, dated April 3, 2001, from the City Manager recommending Agreement with that the City Council authorize the City Manager to enter into a Hillwood standard consent agreement with the Hillwood Development Development Corporation permitting the temporary placement of signs in the Corporation right-of-way at Heritage Subdivision for a period of two years. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-18536 There was presented Mayor and Council Communication No. C- Ord. # 14583 18536 from the City Manager recommending that the City Council: McClendon Construction 1. Authorize the transfer of $129,620.00 from the Water and Company, Inc. Sewer Operating Fund to the Water Capital Project Fund ($114,746.00) and the Sewer Capital Project Fund ($14,874.00); and 2. Adopt Appropriation Ordinance No. 14583 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $114,746.00 and in the Sewer Capital Project Fund in the amount of $14,874.00 from available funds for the purpose of funding a contract with McClendon Construction Company, Inc., for reconstruction of James Avenue and Old Crowley Road; and 3. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of $370,662.25 for reconstruction of James Avenue (Edgecliff Road to Old Crowley Road) and Old Crowley Road (Edgecliff to James Avenue). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 PAGE 11 of 21 C-18537 There was presented Mayor and Council Communication No. C- Ord. # 14584 18537 from the City Manager recommending that the City Council: McClendon Construction 1. Authorize the transfer of $332,099.00 from the Water and Company, Inc. Sewer Fund to the Water Capital Project Fund ($181,768.00) and the Sewer Capital Project Fund ($150,331.00); and 2. Adopt Appropriation Ordinance No. 14584 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $181,768.00 and in the Sewer Capital Project Fund in the amount of $150,331.00 from available funds for the purpose of funding a contract with McClendon Construction Company, Inc. for water and sanitary sewer line replacements and pavement and storm drain improvements in North Hughes Avenue and Meaders Street; and 3. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of $695,117.00 for water and sanitary sewer line replacements (Unit 1) and pavement and drainage improvements (Unit II, Alternate "A") on North Hughes Avenue (East Lancaster Avenue to Norma Street) and Meaders Street (Craig Street to 2404 Meaders Street). It was the consensus of the City Council that the recommendation be adopted. C-18538 There was presented Mayor and Council Communication No. C- Lease 18538 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a T-Hangar Lease Townzen & Agreement with Townzen & Associates, Inc. for T-Hanger Unit 19S- Associates, Inc. 9 at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-18539 There was presented Mayor and Council Communication No. C- Lease 18539 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute an annual Terminal Building Townzen & Office Lease Agreement with Townzen & Associates, Inc. for Suite Associates, Inc. 240 in the Terminal Building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 Page 12 of 21 C-18540 There was presented Mayor and Council Communication No. C- Ord. # 14585 18540 from the City Manager recommending that the City Council: Deltatek Engineering 1. Authorize the transfer of $54,575.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14585 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $54,575.00 from available funds for the purpose of funding an engineering services agreement with Deltatek Engineering for demolition management of existing 0.5MG Miller Street elevated tank; and 3. Authorize the City Manager to execute an engineering agreement with Deltatek Engineering for demolition management of the existing 0.5MG Miller Street elevated tank in an amount not to exceed $54,575.00. It was the consensus of the City Council that the recommendation be adopted. C-18541 There was presented Mayor and Council Communication No. C- Community 18541 from the City Manager recommending that the City Council Facilities authorize the City Manager to execute a Community Facilities Agreement with Agreement with Fort Worth Independent School District (FWISD) FWISD for storm drain improvements for Trimble Tech High School. Council Member Moss advised Council that his wife was a member of the FWISD Board, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting on this issue. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 PAGE 13 of 21 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Haskin NOT VOTING: Council Member Moss C-18542 There was presented Mayor and Council Communication No. C- Ord. # 14586 18542 from the City Manager recommending that the City Council: William J. Schultz, Inc. 1. Authorize the City Manager to transfer $2,081,684.00 from d/b/a Circle "C" the Water and Sewer Operating Fund to the Water Capital Construction Project Fund in the amount of $316,246.00 and in the Company Commercial Paper-Sewer Fund in the amount of $1,765,438.00; and 2. Adopt Appropriation Ordinance No. 14586 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $316,246.00 and in the Commercial Paper-Sewer Fund in the amount of $1,765,438.00 from available funds for the purpose of funding a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company for the construction of Sanitary Sewer Mains D104D, D105, D105A and D109 Rehabilitation, Part II, and water line improvements in Houston Street and Throckmorton Street; and 3. Authorize the City Manager to execute a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the amount of $1,858,363.00 for the construction of Sanitary Sewer Mains D104D, D105, D105A and D109 Rehabilitation and water line improvements in Houston Street and Throckmorton Street in the central business district of downtown Fort Worth. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 Page 14 of 21 C-18543 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-18543, Interlocal Agreement with the City of One Week Burleson for the Sharing of Personnel Costs for the Spinks Airport Air Traffic Control Tower, be continued for one week. C-18544 There was presented Mayor and Council Communication No. C- Ord. # 14587 18544 from the City Manager recommending that the City Council: Interlocal Agreement with 1. Authorize the City Manager to transfer $30,000.00 from the Tarrant County Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14587 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $30,000.00 from available funds for the purpose of funding an Interlocal Agreement with Tarrant County for the repair and maintenance of utility easements adjacent to Alta Drive; and 3. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the repair and maintenance of various utility easements adjacent to Alta Drive (500 to 800 blocks) in Fort Worth, Tarrant County Precinct 4, at a total cost to the City of Fort Worth not to exceed $30,000.00. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-18545 There was presented Mayor and Council Communication No. C- Compromise 18545 from the City Manager recommending that the City Council Settlement authorize the City Manager to execute a Compromise Settlement Agreement with Agreement with Tarrant County, the Greater Fort Worth Builders Tarrant County Association, Ken W. Hackett and Danny R. Moss regarding the City Regarding Water of Fort Worth Water Certificate of Convenience and Necessity CCN Application (CCN) application and authorize the City Manager and City and Attorney to execute the Interlocal Agreement with Tarrant County. Authorization to Execute an City Attorney Yett stated that the M&C needed to be amended to Interlocal delete "Ken W. Hackett" in Recommendation #1 of the M&C; that Agreement "...with the exception of Ken Hackett" be added to the end of the first sentence in the second paragraph of the discussion section; and delete "Ken Hackett" from the first bullet point in third paragraph of the discussion section. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 PAGE 15 of 21 Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted as amended. The motion carried unanimously. C-18546 There was presented Mayor and Council Communication No. C- Community 18546 from the City Manager recommending that the City Council Facilities authorize the City Manager to execute a Community Facilities Agreement with Agreement with the Sheffield Development Company for Sheffield installation of community facilities for construction of water and Development sewer services to serve Heritage Addition, Phase 2C. Council Company Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-18547 There was presented Mayor and Council Communication No. C- Community 18547 from the City Manager recommending that the City Council Facilities authorize the City Manager to execute a Community Facilities Agreement with Agreement with Lumbermen's Investment Corporation for the Lumbermen's Summer Creek Ranch life station and 10-inch force main. Council Investment Member Picht made a motion, seconded by Council Member Corporation Silcox, that the recommendation be adopted. The motion carried unanimously. Mayor Barr stated that the citizen presentations reflected on the agenda would be heard at this time. Citizen Mr. Riley Cantrell, 2300 Sundrop Court, appeared before the City Presentations Council regarding community and City Services issues. Council Riley Cantrell Member Silcox informed Mr. Cantrell that the Safety and Community Development Committee had requested that Tom Davis, Director of City Services, look into his concerns and provide the committee with a staff report. Z-00-159 It appeared that the City Council, at its meeting of March 20, 2001, Continued for continued the hearing of the application of C & G Development One Week Partners by H. Dennis Hopkins for a change in zoning of property located at the Northeast Corner of Alta Vista Road/Keller Haslet from Unzoned to "A-5" One-Family and "A-7.5" One-Family, Zoning Docket No. Z-00-159. Council Member Lane stated that he had inadvertently informed the Hillcrest Homeowner's Association that this zoning case would be considered at the April 17, 2001 Council meeting. He asked Mr. Hopkins if a delay of one week would be possible. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 Page 16 of 21 H. Dennis Mr. H. Dennis Hopkins, 6850 Manhattan Blvd. #406, appeared Hopkins before Council and stated that a delay of one week was fine, but that he would be having minor surgery Friday and stated that he had forwarded his recommendations, addressing most of the concerns of the homeowner's association to Council Member Lane. He further advised that a letter of disclosure regarding the existence of the airport would be provided to potential residents advising them of such and stated that it would be included in the deed of records and the plat. Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that Zoning Docket No. Z-00-159 be continued for one week. The motion carried unanimously. Council Member Wentworth inquired about the possibility of having the residents sign an avigation easement. Assistant City Attorney Marcella Olson appeared and stated that she was not sure of how an avigation easement would work since this was a private airport. She informed Council that she would research this matter and provide information to them next week. It appeared to the City Council that Resolution No. 2717 was adopted on March 20, 2001, setting today as the date for the hearing in connection with recommended changes and amendments to 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 March 23, 2001. Mayor Barr asked if there was anyone present desiring to be heard. Z-00-154 Mayor Barr stated that he had received a letter from Mr. H. Dennis SP-01-002 Hopkins requesting this zoning case be delayed until May 8, 2001. Delayed Until May 8, 2001 Council Member Moss made a motion, seconded by Council Member Silcox, that the application of Brooks Construction, Inc. by H. Dennis Hopkins for a change in zoning of property located at 4605-4609 Miller Avenue and 4208-4216 Chickasaw from "FR" Restricted Commercial to "PD/SU" Planned Development/Specific Use for all uses in "FR" Restricted Commercial plus contractor's facilities office, outside storage of trucks, trailers, materials, vehicles and workshop, Zoning Docket No. Z-00-154 and Site Plan No. SP-01-002, be delayed until May 8, 2001. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 PAGE 17 of 21 Z-01-019 Council Member Silcox made a motion, seconded by Council Approved Member Wentworth, that the application of Integrated Living Communities by Ronald R. Norman for a change in zoning of property located at 7001 Bryant Irvin Road, from "CR" Multi-Family and "E" Commercial to "E" Commercial and "PD/SU" Planned Development/Specific Uses, see Exhibit "A" for list of permitted uses (Exhibit A was included in the Council Proceedings File of this meeting.) and Site Plan required, Zoning Docket No. Z-01-019, be approved. The motion carried unanimously. Z-01-020 Council Member Wentworth made a motion, seconded by Council Approved Member Picht, that the application of the City of Fort Worth Planning Department for a change in zoning of property located in the 5401-5437 Block of Collinwood Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. Z-01-020, be approved. The motion carried unanimously. Z-01-021 Mr. Gary Martin, 1917 Oak Grove Road East, Burleson, Texas, Approved representing Garden Acres, appeared before Council in opposition Gary Martin of the proposed change to "A-5" One-Family zoning and requested Council delay voting on this issue until negotiations with the developer could be held to discuss lot sizes. David Skinner Mr. David Skinner, 1115 W. Abram Street, Suite D, Arlington, Texas, appeared before Council on behalf of the applicant and stated that the A-5 zoning was appropriate and exceeded the requirements of the Comprehensive Plan as the property would be down zoned for single family homes instead of the current zoning of two family, multi-family and commercial uses. He added that the nearest development, Garden Acres, was a mile from this property and requested Council approval for the change in zoning. Mayor Pro tempore McCloud stated that he was concerned with incompatibility issues between the developer and residents of the Garden Acres community, and asked Mr. Skinner if a two week delay would be unreasonable. Mr. Skinner stated that he is scheduled to close on this property 30 days from tonight and requested Council's approval. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 Page 18 of 21 Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the application of Margie R. Norman and Sandra and David Tucker by T. David Skinner for a change in zoning of property located in the 1300 Block of FM 1187 from "B" Two-Family, "C" Multi-Family and "E" Commercial to "A-5" One- Family, Zoning Docket No. Z-01-021, be approved. The motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Wentworth, and Davis NOES: Mayor Barr ABSENT: Council Member Haskin Z-01-022 Mr. Gene Bedford, 4805 Ray White Road, Keller, Texas, appeared Approved before Council in opposition of the high density zoning at this Gene Bedford location and requested Council allow him the opportunity to meet with the City Zoning Commission to address his concerns. Council Member Davis addressed concerns in Council Member Haskin's absence regarding placement of notification signs at the subdivision. H. Dennis Mr. H. Dennis Hopkins, 6850 Manhattan Blvd. #406, representing Hopkins the applicant, A. Ann Armstrong Bellows Trust, stated that signs were in place approximately two weeks prior to the City Zoning Commission meeting. He added that signs are not required by State law, but are put in place as a courtesy by the City. Mr. Hopkins further stated that both the City Zoning Commission and City Plan Commission unanimously approved this zoning and requested Council not delay voting on this issue. Z-01-022 Council Member Davis made a motion, seconded by Council Approved Member Picht, that the application of A. Ann Armstrong Bellows Trust by H. Dennis Hopkins for a change in zoning of property located in the 5000 Block of Ray White Road and 10400 to 10700 Blocks of Alta Vista from "AG" Agricultural to "A-5" and "A-7.5" One-Family, Zoning Docket No. Z-01-022, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 PAGE 19 of 21 Z-01-025 Council Member Moss made a motion, seconded by Council Delayed Until Member Silcox, that the application of Jerry Surber by Hoss May 8, 2001 Rosoulli for a change in zoning of property located at 3100 Jimisons Lane from "AG" Agricultural to "MH" Manufactured Home, Zoning Docket No. Z-01-025, be delayed until May 8, 2001. Mr. Moss stated that that there was increased development activity in this area and he would like an opportunity to speak with staff before a decision was made on this zoning change. Jerry Surber, Mr. Jerry Surber, 3100 Jimisons Lane and Mr. Dan McInnis, 303 W. Dan McInnis 10th Street, #404, appeared before Council and stated that the delay would postpone the sale of the property. The motion to continue carried unanimously. Z-01-033 Council Member Moss made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of City of Fort Worth for a change in zoning of property located in the 3000, 4000-4100 Blocks of Forbes, Burton, E. Berry and Miller Avenue from "PD-327" Planned Development for all uses in "E" Commercial except alcohol sales and mixed use office, retail and apartments to "A-5" One-Family and "E" Commercial, Zoning Docket No. Z-01-033, be approved. (Block 5, Lots 8, 21; Block 6R, Lot 7; Block 7R, Lots 1R;, 3, 4A, 413, 8, 9, 10, 11, 12 and Block 7R, Lot 5R; San Roe Addition and 7R, Lot 5R, San Roe Addition) Council Member Davis requested that the change to "E" Commercial zoning continue to restrict alcohol sales. Council Member Moss amended his motion, and Mayor Pro tempore McCloud amended his second to include the addition of "except alcohol sales" on the "E" Commercial zoning designation. The motion, as amended, carried unanimously. Z-01-024 Council Member Moss made a motion, seconded by Mayor Pro Denied Without tempore McCloud, that the application of James R. Brown/Brown Prejudice Excavating Co. for a change in zoning of property located at 4300, 4308, 4316 and 4400 Carey Street from "B" Two-Family to "I" Light Industrial, Zoning Docket No. Z-01-024, be denied without prejudice. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 Page 20 of 21 Z-01-033 Council Member Moss made a motion, seconded by Council Denied Without Member Silcox, that the application of City of Fort Worth for a Prejudice change in zoning of property located in the 3000, 4000-4100 Blocks of Forbes, Burton, E. Berry, and Miller Avenue from "PD-327" Planned Development for all uses in "E" Commercial except alcohol sales and mixed use office, retail, and apartments to "A-5" One-Family and "E" Commercial, Zoning Docket No. Z-01-033, be denied without prejudice. (Block 5, Lot 20; Block 7R, Lot 2R, 6, 7; Block 6R, Lots 5, 6, 8; San Roe Addition) The motion carried unanimously. Mayor Barr asked staff to provide Council with maps when split zoning is done to assist Council in identifying specific areas. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Moss made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that the following Ordinance be adopted: ORDINANCE NO. 14588 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. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 10, 2001 PAGE 21 of 21 Citizen Albert Pagan, 105 Del Rio Court, representing Choice Homes, Presentations appeared before Council relative to allegations presented by Mr. Albert Pagan Cantrell's earlier presentation. He stated that his company was very responsible and ensured that debris created from construction was cleaned up each day by a crew specifically responsible for that task. Kenneth James Mr. Kenneth James, 1412 Arizona Avenue, appeared before Council regarding the abandoned property at 1408 Arizona Avenue. He asked Council's assistance in cleaning up the property. Mayor Barr asked Mr. James to speak with Assistant City Manager Charles Boswell to resolve his concerns. Edward Drew Mr. Edward Drew, 1901 Stephenson Street, representing Universal Enterprises of America, appeared before Council regarding storm cellar installation for natural disaster and storm protection. Jackie Andrews Mr. Jackie D. Andrews, 511 New Natchitoches Road, West Monroe, Louisiana, representing Andrews Oil Company, appeared before Council regarding the oil company's project for transporting crude oil throughout the United States and other countries. Adjournment There being no further business, the meeting was adjourned at 9:29 p.m. CITY S CRETARY MAYOR