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HomeMy WebLinkAbout2001/11/20-Minutes-City Council CITY COUNCIL MEETING NOVEMBER 20, 2001 Date & Time On the 20th day of November, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 10:31 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, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Clyde Picht was absent. With more than a quorum present, the following business was transacted. Invocation The invocation was given by Dr. Clyde Glazener, Gambrell Street Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes City Secretary Pearson informed Council that the Council Minutes had been corrected on Page 23, Zoning Docket No. ZA-01-1061 and SP-01-1022, to reflect Council Member Picht voted in opposition to deny the zoning case. On motion of Council Member Silcox, seconded by Council Member Davis, the minutes of the regular meeting of November 13, 2001, were approved unanimously as corrected. Special Brian Boerner, Environmental Management Department Director, Presentations assisted by Council Member Haskin, presented the Winners for the End-of-Season Employee Ozone Incentive Contest. Council Member Davis presented the Food Drive Trophy to the Parks and Community Services Department. Richard Zavala, Parks and Community Services (PACS) Director, thanked the Council for the trophy and recognized several PACS employees who worked as co-chairs. He stated that in addition to the Food Bank, the food would also assist two resource development centers in the area. Mayor Barr congratulated the PACS Department for a job well done. Announcements Council Member Lane thanked each member of the Council and Mayor Barr for his leadership in rebuilding LaGrave Field and bringing the Cats back to Fort Worth. He also thanked Assistant City Attorney Peter Vaky for his work with the Ripley Arnold Apartments and LaGrave Field and Brian Boerner for his hard work on the LaGrave Field project. Mayor Barr commended Mr. Lane on CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 2 of his vision to make LaGrave a reality and stated that there would be a ground breaking December 3, 2001, at 2:00 p.m. at the old LaGrave Field site and invited everyone to attend. Mayor Pro tempore McCloud announced that he attended a banquet last weekend where Mayor Barr was recognized as Citizen of the Year by the City's senior citizens. Council Member Silcox congratulated Fort Worth Explorers who competed in a competition in Beaumont. Northside Post No. 55 received first place in the building search and second place in the crime scene search; Eastside Post No. 57 received first place in crime prevention; and Southside Post No. 58 received third place in the building search and first place in the bomb scene search. Council Member Moss announced that on November 27, 2001, at 7:00 p.m. at the Sunrise Elementary School, a Public Forum would be conducted to address concerns of the community to include industrialized housing and waste management. He invited anyone interested to attend. Mayor announced that the kickoff for Phase 2 of the redistricting process would begin tonight at 7:00 p.m. in the Intel Lab of the Central Library, 500 W. Third Street. He stated that City staff would be available to assist citizens in developing their own redistricting plans. He added that another opportunity for citizens to develop their own plans would be on December 1, 2001, at 10:30 a.m., also at the Central Library. He further stated that Computer Assisted Drawing equipment would be available along with instructions in Spanish and English and that more information was available on the City's web page or by accessing the redistricting hot line at (817) 871-7371. He informed citizens that submissions needed to be turned in to the City Secretary's Office by the deadline, January 14, 2002, at 5:00 p.m. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication Nos. L-13190, L-13191, and L-13194 be moved until after the Executive Session. Council Member Moss requested that Mayor and Council Communication No. L-13192 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-13276 be withdrawn from the agenda and Staff that L-13180 be continued for two weeks. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 3 of Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. Reappointment Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that Karen Anisman be reappointed to the Human Relations Commission effective November 20, 2001, with a term to expire October 1, 2003. The motion carried unanimously. Setting Salaries Mayor Barr continued setting salaries for the City Manager, City for City Officials Attorney, City Secretary, and City Auditor until after the Executive FY 2001-2002 — Session. Continued Until After Executive Session OCS-1249 There was presented Mayor and Council Communication No. OCS- Claims 1249 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 Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1250 There was presented Mayor and Council Communication No. OCS- Res. No. 2794 1250 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2794 setting the regular zoning Zoning Hearing hearing for December 11, 2001. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommended be adopted. The motion carried unanimously. G-13276 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-13276, dated June 19, 2001, Authorization of Execution of Unified Sign Agreement and Approval of Sign Plan with Arnold Pent of Sundial Development Corporation and MJCH Corporation for Landmark Lakes Center be withdrawn from the agenda. Public Hearing It appeared that the City Council set today as the date for a public hearing to consider approval of a Unified Sign Agreement with Arnold Pent of Sundial Development Corporation and MJCH Corporation for Landmark Lakes Center located at 6400 N. W. Loop 820. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 4 of G-13276 Revised There was presented Mayor and Council Communication No. G- Agreement with 13276 Revised from the City Manager recommending that the City Sundial Council consider approval of a Unified Sign Agreement with Arnold Corporation and Pent of Sundial Development Corporation and MJCH Corporation MJCH for Landmark Lakes Center located at 6400 N. W. Loop 820. Corporation There being no one else present desiring to be heard in connection with the approval of a Unified Sign Agreement with Arnold Pent of Sundial Development Corporation and MJCH Corporation for Landmark Lakes Center, Council Member Wentworth made a motion, seconded by Council Member Silcox, that the public hearing be closed and the recommendation be adopted. The motion carried unanimously. G-13441 There was presented Mayor and Council Communication No. G- Settlement of 13441 from the City Manager recommending that the City Council Claims of approve the proposed settlement of the lawsuit entitled William William Fox, Jr. Fox, Jr. v. City of Fort Worth in the District Court of Wise County, v. City of Fort Cause No. 00-01-035; and authorize payment of $45,000.00 to Worth William Fox, Jr., with the check made payable to "William Fox, Jr."; and authorize the appropriate City representatives to execute the documents necessary to complete the settlement. It was the consensus of the City Council that the recommendation be adopted. G-13442 There was presented Mayor and Council Communication No. G- Ord. #14860 13442 from the City Manager recommending that the City Council Volunteer adopt Ordinance No. 14860 revising and amending Section 10-18 of Accessible Article II "Parking Violations Bureau" of Chapter 10 "Courts" of the Parking Code of the City of Fort Worth, Texas (1986), as amended, Enforcement expanding the definition of authorized parking enforcement agents Program of the City of Fort Worth to include volunteers; authorizing issuance of parking citations by first class mail to the registered owner of the vehicle at his last known address; and authorizing the City Manager to establish an Accessible Parking Volunteer Enforcement Program. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-13443 There was presented Mayor and Council Communication No. G- Delayed Until 13443 from the City Manager recommending that the City Council Prior to adopt an ordinance adopting a moratorium on acceptance of Executive concept plans, preliminary plats and applications for building Session permits and other development permits for properties located in CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 5 of the vicinity of the Western Shore of Lake Arlington, South of the 6100 Block of Ramey Avenue, East of the 2800-5300 Blocks of Interstate Loop 820 and North of Interstate 20, pending consideration of rezoning of such properties. Council Member Moss made a motion, seconded by Council Member Davis, that Mayor and Council Communication G-13443 be delayed until prior to Executive Session. The motion carried unanimously. G-13444 There was presented Mayor and Council Communication No. G- Withdrawn 13444 from the City Manager recommending that the City Council Adopt an Ordinance Amending Chapter 22 titled "Motor Vehicle and Traffic" of the City Code Prohibiting Solicitation of Employment Between an Occupant of a Motor Vehicle and a Pedestrian in a Specified Area. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. Council Member Davis expressed concerns relative to adopting this ordinance prior to the Day Labor Center scheduled opening. The City Attorney, after a brief discussion, advised the City Manager to withdraw this item from the agenda. P-9496 There was presented Mayor and Council Communication No. P- Street Light 9496 from the City Manager recommending that the City Council Poles and authorize the purchase of street light poles and luminaries from Luminaries Dealers Electrical Supply Company for the Transportation and Public Works Department based on the low bid meeting specifications with payment due 30 days after receipt of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9497 There was presented Mayor and Council Communication No. P- Transmission 9497 from the City Manager recommending that the City Council: Parts and Rebuilt 1. Authorize a purchase agreement for OEM (original Transmissions equipment manufacturer) Allison transmission parts and rebuilt transmissions with Stewart & Stevenson for the Equipment Services Department. An agreement will be awarded based on the overall lowest prices. Payment is due 30 days from the date the invoice is received, the City takes ownership at its City's facilities, and freight is not charged; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 6 of • OEM Allison transmission parts, at manufacturer's list price, less 25 percent discount • OEM Allison rebuilt transmissions, at open market list price, less 30 percent discount 2. Authorize this agreement to begin November 20, 2001, and expire on November 19, 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-9498 There was presented Mayor and Council Communication No. P- Breakaway 9498 from the City Manager recommending that the City Council Transformer authorize a purchase agreement with Genlyte Sales-Dallas for Bases breakaway transformer bases for the Transportation and Public Works Department; and authorize this agreement to begin November 20, 2001, and expire November 19, 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-9499 There was presented Mayor and Council Communication No. P- Treated Wood 9499 from the City Manager recommending that the City Council: Utility Poles 1. Authorize a purchase agreement with International Paper Company for the Transportation and Public Works Department based on the low bid meeting specifications. Payment is due 30 days after receipt of the invoice for the following: • 30-foot treated wood utility poles will be supplied for $101.55 each; and • 35-foot treated wood utility poles will be supplied for $136.00 each; and 2. Authorize this agreement to begin November 20, 2001, and expire November 19, 2002, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 7 of L-13180 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L-13180, dated November 6, 2001, Authorize Two Weeks the Sale of Tax Foreclosure Property Located at 2921 East Belknap Street to BWJW, LLC in Accordance with Section 34.015 of the Texas State Property Tax Code (DOE 920), be continued for two weeks. L-13183 It was the consensus of the City Council that Mayor and Council Moved Until Communication No. L- 13183, dated November 6, 2001, Authorize After Executive the Sale of Tax Foreclosure Property to the Friendly Temple Session Church of God in Accordance with Section 34.015 of the Texas Property Tax Code (DOE 920), be moved until after the Executive Session. L-13185 It was the consensus of the City Council that Mayor and Council Moved Until Communication No. L- 13185, dated November 6, 2001, Authorize After Executive the Sale of Tax Foreclosure Property Located at 904 Parkdale Session Street to the Fort Worth Independent School District in Accordance with Section 34.015 of the Texas State Property Code (DOE 920), be moved until after the Executive Session. L-13189 There was presented Mayor and Council Communication No. L- Reinstatement 13189 from the City Manager recommending that the City Council of Lease with approve the reinstatement of a lease with Gene Malone, Jr. for Gene A. Malone, property described as Lot 16, Block 2 (6537 Cahoba Drive), Lake Jr. Worth Survey, Tarrant County, Texas; and authorize the City Manager to execute the necessary documents to complete reinstatement of the lease. It was the consensus of the City Council that the recommendation be adopted. L-13190 It was the consensus of the City Council that Mayor and Council Moved Until Communication No. L-13190, Authorize the Purchase of Property After Executive Located at 809 and 813 South Freeway for the Development of the Session Evans Avenue and Rosedale Street Business and Cultural District (DOE 2886), be moved until after Executive Session. L-13191 It was the consensus of the City Council that Mayor and Council Moved Until Communication No. L-13191, Authorize the Purchase of Property After Executive Located at 1050 Missouri Avenue for the Development of the Evans Session Avenue and Rosedale Street Business and Cultural District (DOE 2886), be moved until after Executive Session. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 8 of L-13192 There was presented Mayor and Council Communication No. L- Three 13192 from the City Manager recommending that the City Council Permanent accept three permanent easements and one right-of-way parcel Easements described as A-319, C. Connelly Survey, Tarrant County, Texas, from Martha V. Leonard, Madelon L. Bradshaw and TXU Electric Company, respectively, and A-262, John Collett Survey, Tarrant County, Texas, from Westworth Redevelopment Authority, for the construction of a 12-inch water line (DOE 3461) for a total cost of $4.00. Council Member Moss informed Council that he had a conflict with this issue, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Silcox made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. L- 13192 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Wentworth, and Davis NOES: None ABSENT: Council Member Picht NOT VOTING: Council Member Moss L-13193 There was presented Mayor and Council Communication No. L- Two Permanent 13193 from the City Manager recommending that the City Council Drainage approve the acceptance of two permanent drainage easement Easements described as A-1455, Eli Shiver Survey, Tarrant County, Texas, from Lazy F, Inc. (DOE 3422), necessary for the construction and maintenance of drainage improvements on Meridian Lane and Senator Drive for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13194 It was the consensus of the City Council that Mayor and Council Moved Until Communication No. L- 13194, Authorize the Purchase of Property After Executive Located at 915 Missouri Avenue for the development of the Evans Session Avenue and Rosedale Street Business and Cultural District (DOE 2886), be moved until after Executive Session. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 9 of L-13195 There was presented Mayor and Council Communication No. L- License 13195 from the City Manager recommending that the City Council Agreement for approve the acquisition of a license agreement from Dallas Area Sanitary Sewer Rapid Transit for a sanitary sewer pipeline crossing at Mile Post Pipeline 621.60, Fort Worth, Tarrant County, Texas, for a total cost of Crossing $500.00 (DOE 2114 — Sanitary System Rehabilitation and Improvements — Contract No. 48). It was the consensus of the City Council that the recommendation be adopted. L-13196 There was presented Mayor and Council Communication No. L- One Permanent 13192 from the City Manager recommending that the City Council Drainage authorize the acquisition of one 20-foot permanent drainage Easement easement described as a portion of the C. C. Whyte Survey, Abstract No. 1611, from Routen Realty Company, Trustee for the widening of North Beach Street for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13197 It was the consensus of the City Council that Mayor and Council Moved Until Communication No. L-13197, Consent to the Sale of Four Tax After Executive Foreclosure Properties to the Fort Worth Area Habitat for Session Humanity, Inc. Pursuant to Section 34.05 of the Texas Property Code (DOE 920), be moved until after the Executive Session. L-13198 It was the consensus of the City Council that Mayor and Council Moved Until Communication No. L-13198, Consent to the Sale of Two Tax After Executive Foreclosure Properties to Tony Braxton of C/CO Trust Pursuant to Session Section 34.05 of the Texas Property Tax Code (DOE 920), be moved until after Executive Session. PZ-2338 There was presented Mayor and Council Communication No. PZ- Ord. #14861 2338 from the City Manager recommending that the City Council: Annexation of 42.04 Acres of 1. Institute the annexation of 42.04 acres of land out of the Land Out of Charles Tyding Survey, Abstract No. 1276, and the W. Charles Tyding Sample Survey, Abstract No. 1207, Denton County, Texas Survey, Abstract into the corporate limits of the City of Fort Worth; and No. 1276, and W. Sample Survey, 2. Approve Ordinance No. 14861 declaring certain findings; Abstract No. providing for the extension of certain boundary limits of the 1207, Denton City of Fort Worth; providing for the annexation of a certain County, Texas 42.04 acres (0.066 square miles) of land, more or less, out of AAX-01-1003 the Charles Tyding Survey, Abstract No. 1276, and the W. Sample Survey, Abstract No. 1207, Denton County, Texas, CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 10 of which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. PZ-2339 There was presented Mayor and Council Communication No. PZ- Ord. #14862 2339 from the City Manager recommending that the City Council Boundary approved Joint Ordinance No. 14862 and Boundary Agreement Agreement for with the City of Lake Worth for disannexation by Lake Worth and Disannexation the annexation by Fort Worth of approximately 1.6 acres of land by Lake Worth located north of Foster Drive and west of Rench Road; and and Annexation authorize the Mayor to execute the Joint Ordinance and Boundary by Fort Worth Agreement. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-18837 There was presented Mayor and Council Communication No. C- Riverside 18837, dated November 13, 2001, from the City Manager Holding, Inc. recommending that the City Council authorize the City Manager to enter into a standard consent agreement with Riverside Holding, Inc. to allow the installation of combination signs and awnings over the sidewalk on Fifth Street at 600 Houston Street. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-18839 There was presented Mayor and Council Communication No. C- Ord. #14863 18839 from the City Manager recommending that the City Council: Change Order#1 to CSC #26739 - 1. Authorize the City Manager to transfer $44,691.50 from the M. E. Burns Water and Sewer Fund to the Water Capital Project Fund in Construction, the amount of $4,175.00, and the Sewer Capital Project Inc. Fund in the amount of$40,516.50; and 2. Adopt Appropriation Ordinance No. 14863 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $4,175.00 and in the Sewer CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 11 of Capital Fund in the amount of $40,516.50 from available funds for the purpose of funding Change Order No. 1 to the contract with M. E. Burns Construction for 1998 Capital Improvement Projects Various Locations Contract 2001D Unit I: Water and Sewer Replacements; and 3. Authorize Change Order No. 1 to City Secretary Contract No. 26739 with M. E. Burns Construction, Inc. for 1998 Capital Improvement Program Various Locations, Contract 2000D, Unit I: Water and Sewer Replacements in the amount of $41,491.50, thereby revising the total cost to $330,524.25. It was the consensus of the City Council that the recommendation be adopted. C-18840 There was presented Mayor and Council Communication No. C- Christopher's 18840 from the City Manager recommending that the City Council Gourmet, Inc. authorize the City Manager to execute a Concessionaire Agreement with Christopher's Gourmet, Inc. for restaurant space in the terminal building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-18841 There was presented Mayor and Council Communication No. C- Rescind 18841 from the City Manager recommending that the City Council Contract With authorize the rescission of the award of contract to Architectural Architectural Utilities, Inc., d/b/a AUI General Contractors for the Far North Utilities, Inc. Community Park Phase I Improvements; and authorize the City d/b/a AUI Manager to execute a contract with AUI Contractors, Inc. in the General amount of $426,244.75 for the construction of four soccer fields Contractors, Inc. and parking lot facilities at the Far North Community Park. It was the consensus of the City Council that the recommendation be adopted. C-18842 There was presented Mayor and Council Communication No. C- Ord. #14864 18842 from the City Manager recommending that the City Council: Ord. #14865 Ord. #14866 1. Authorize the City Manager to transfer $1,558,362.58 from Sutton & the General Fund to the Contract Street Maintenance Fund; Associates, Inc. and 2. Adopt Appropriation Ordinance No. 14864 increasing the estimated receipts and appropriations in the Contract Street CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 12 of Maintenance Fund in the amount of $1,558,362.58 from available funds for the purpose of funding the FY2001-02 Street Maintenance Program; and 3. Adopt Appropriation Ordinance No. 14865 increasing the estimated receipts and appropriations in the Contract Street Maintenance Fund in the amount of $4,993,849.00 based on funds received from the Fort Worth Transportation Authority for the purpose of funding the FY2001-02 Street Maintenance Program; and 4. Authorize the City Manager to transfer $322,838.75 from the Water and Sewer Fund to the Water Capital Project Fund in the amount of $161,419.38, and the Sewer Capital Project Fund in the amount of$161,419.37; and 5. Adopt Appropriation Ordinance No. 14866 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $161,419.38 and in the Sewer Capital Project Fund in the amount of $161,419.37 from available funds for the purpose of funding the FY2001-02 Contract Street Maintenance Program; and 6. Authorize the City Manager to execute a contract with Sutton & Associates, Inc. in the amount of $576,477.50 for 365 calendar days for HMAC Surface Overlay 2002-1. Council Member Silcox made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. Z-01-032 It appeared that the City Council, at its meeting of October 23, Continued for 2001, continued the hearing of Zoning Docket No. Z-01-032, Text One Week Amendment amending the Zoning Ordinance 13896, as amended, codified as Appendix "A" of the Code of the City of Fort Worth, by amending Chapter 9 to add definitions of food vendors, temporary vendors, and transient vendors, amending Section 5.406 to establish regulations concerning temporary vendors, amending the Residential District Use Table in Section 4.603 to add vendor, transient as a use by right under temporary uses starting with the A-43 District, amending the Non-Residential Use Table in Section 4.603 to add mobile vendors under the temporary uses, to exempt all event/activities/festivals approved by the Board of Adjustment under Section 5.400 of the Zoning Ordinance entitled "Amusement, CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 13 of Outdoor (Temporary)", all events/activities/festivals open to the public for the purpose of providing entertainment, food and/or sales of merchandise that no longer than three days. Mayor Barr asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Silcox made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. Z-01-032 be continued for one week. The motion carried unanimously. ZC-01-1056 It appeared that the City Council, at its meeting of November 13, Approved 2001, continued the hearing of the application of Gary Baker Construction Company for a change in zoning of property located at the Southwest corner of Boat Club Road and Eagle Ranch from "E" Neighborhood Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus automotive lubrication, tune-ups and minor repair, hours limited to 7:00 a.m. to 6:00 p.m., Monday through Friday, 7:00 a.m. to 5:00 p.m. on Saturday, closed Sunday, and waiver of site plan recommended, Zoning Docket No. AZ-01-1056, be approved. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Eric Smith, representing Quick Industries, appeared before Council and stated that he would like to have the business open on Sundays from 12:00 p.m. to 5:00 p.m. Mr. John Garfield, representing the Development Department, advised the Council that they could return this case to the Zoning Commission for reconsideration of the Sunday operating hours, or schedule the case for a special hearing which would require renotification of the residents in this area. Council Member Silcox made a motion, seconded by Council Member Wentworth, that the following language be included in the ordinance scheduled to come before Council on December 19, 2001, and that the language also pertain to this zoning case: "All vehicles stored overnight for repair must be within an enclosed building or enclosed behind a six foot screening fence. No vehicles retained for repairs may be stored for more than 45 days." CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 14 of Council Member Davis expressed concern that this action could delay this case for possibly two months which would negatively impact this business. She inquired if it was possible to approve the case as presented and then have the applicant file a modified plan at another time to request Sunday operating hours. Mr. Garfield stated that was a possibility. There being no one else present desiring to be heard in connection with the application of Gary Baker Construction Company, Council Member Haskin made a substitute motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-01-1056 be approved as is with the provision that there would be no outside storage of vehicles allowed after business hours. The motion carried unanimously. Z-01-017 It appeared that the City Council, at its meeting of November 13, Approved 2001, continued the hearing of the application of the City of Fort Worth by the Planning Department for a change in zoning of property located in Tract 24, 4200 through 5900 Block of East Loop 820 South, 5400 through 5700 Block of David Strickland Road, 5400 through 6000 Block of Laster Road, 5400 through 5700 Block of Vesta Farley Road, 5400 through 5600 Block of Sun Valley Drive, and 5500 through 5700 Block of Kaltenbrun Road from "B" Two- Family to "A-5" One-Family, Zoning Docket No. Z-01-017. Mayor Barr asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the application of Gary Baker Construction Company, Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed and that Zoning Docket No. Z-01-017 be approved. The motion carried unanimously. It appeared to the City Council that Notice of Public Hearing set today as the date for the hearing in connection with the 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 October 29, 2001. Mayor Barr asked if there was anyone present desiring to be heard. SP-01-1014 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Omni Group for a site plan for the property located in the Southeast corner of 7 t" Street CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 15 of and Summit Avenue, Site Plan for convenience store with gasoline sales, Zoning Docket No. SP-01-1014, be approved. The motion carried unanimously. Council Member Davis also thanked the Omni Group for working with Downtown Fort Worth on this site plan. i here Illy iung uni:) one &se Ilpresein't desiii fingto be Iheard liiin c onunec ion i tt'ui 'the ui�ec on i n ieinded &hanges and an�iu c i uii�i c in s to ,on Iii in g �°rd� �iunance o 1389(3 `oLiin6i�� ftui .iuL er ��)a0s ui iiiade a uii�°iiotio seconded by Mayor teiii.iulll q) e III c `Illixi i, 'that the Iheariun g be &ll o sed a n i is at t h e °Ilf''o i 111 o i un g o rd� ii in a n ce be ad q:) te& ORDINANCE NO. 14867 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. ""'I""'he ui .iio io can''ied Lflna6iiuim.ii4xi ly Public Hearing It appeared that the City Council set today as the date for a public 2309 Dalford hearing for the Appeal of the Order of the Building Standards Street Commission regarding 2309 Dalford Street. Mayor Barr asked if Continued for there was anyone present desiring to be heard. Two Weeks Mr. Paul Bounds, representing Code Compliance, appeared before the City Council, presented a staff report regarding property located at 2309 Dalford Street, and recommended Council uphold the decision of the Building Standards Commission by assessing a CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 16 of civil penalty of$4,400.00. John Riley Mr. John Riley, 11883 County Road 2141, Kemp, Texas, appeared before Council in opposition of the civil penalty. He stated that he had recently purchased the property from his brother and attended the October 22, 2001 Building Standards Commission meeting to present a plan of action for repair. However, the Commission did not let him present his plan and imposed the civil penalty. He added that assessment of the civil penalty was counterproductive to completing the repairs for the house. He asked the Council to grant him 120 days to repair the house that belonged to his family. Council Member Lane asked staff what could be done to hold the fine in abeyance until the property was repaired. Mr. Bounds replied that Council could return the case to the Building Standards Commission and Mr. Riley would have the opportunity to present his plan of action for repair. He added that Council also had the option of modifying the order. Mr. Riley stated that repairs to the house would cost approximately $7,000.00. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 2309 Dalford Street, Council Member Lane made a motion, seconded by Council Member Silcox, that the public hearing be continued for two weeks to allow staff and the applicant to work out a repair plan for the property. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 1601-03 Birdell hearing for the Appeal of the Order of the Building Standards Street Commission regarding 1601-03 Birdell Street. Mayor Barr asked if Continued for there was anyone present desiring to be heard. Two Weeks Mr. Paul Bounds, representing Code Compliance, appeared before the City Council, presented a staff report regarding property located at 1601-03 Birdell Street, and recommended Council uphold the decision of the Building Standards Commission by assessing a civil penalty of $2,600.00. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 17 of Leavern Ms. Leavern Rollerson, 1601 Birdell, appeared before Council in Rollerson opposition of the civil penalty. She stated that City staff had informed her that the windows had to be replaced and that this had been done. She added that at this point the outside of the house had been painted, curtains added to the interior, and the plumbing and electrical repairs should be completed in two weeks. The house would be ready to be occupied at that time. Mr. Bounds provided rebuttal and stated that all repairs were to be completed in 30 days from September 25, 2001. He added that the issue is failure to complete Phase 2 of the repair process and that Ms. Rollerson was 26 days past due of making the repairs. He asked Council to uphold the civil penalty of $2,600.00. Council Member Moss stated that abatement of the problem was most important to him. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 1601-03 Birdell Street, Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be continued for two weeks. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 2613 East hearing for the Appeal of the Order of the Building Standards Vickery Commission regarding 2613 East Vickery Boulevard & Rear. Mayor Boulevard & Barr asked if there was anyone present desiring to be heard. Rear Mr. Paul Bounds, representing Code Compliance, appeared before the City Council, presented a staff report regarding property located at 2613 East Vickery Boulevard & Rear, and recommended Council uphold the decision of the Building Standards Commission by assessing a civil penalty of$7,200.00. Elijah Ragira Mr. Elijah Ragira, 5009 E. Lancaster, appeared before Council in opposition of the civil penalty. He stated that work on the house had been completed and that he was unaware of the requirement for separate inspections from Code Compliance and the Development Department. He requested Council grant him two weeks to schedule and complete the final inspections. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 18 of Mr. Bounds provided rebuttal stating that Mr. Ragira was instructed to call the Development Department for the final inspection. He added that the plumbing and electrical inspections were done on October 16, 2001, but that the building permit and final inspection still needed to be done. Mr. Ragira, in rebuttal, stated that he understood that Code Compliance only needed to do the inspections. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 2613 East Vickery Boulevard & Rear, Mayor Pro tempore McCloud made a motion, seconded by Council Member Moss, that the public hearing be closed and that a civil penalty of $800.00 be assessed immediately and that if the inspections have not been completed within two weeks, the remainder of the $7,200.00 civil penalty would be imposed. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 4225 Killian hearing for the Appeal of the Order of the Building Standards Street Commission regarding 4225 Killian Street. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Paul Bounds, representing Code Compliance, appeared before the City Council, presented a staff report regarding property located at 4225 Killian Street, and recommended Council uphold the decision of the Building Standards Commission by assessing a civil penalty of$2,600.00. Henry Young Mr. Henry T. Young, owner of the property, appeared before Council in opposition of the civil penalty. He stated that the electrical and plumbing work had been completed and that he was waiting for the Development Department this morning to perform their inspection. He asked Council to waive the civil penalty as he still had to pay $6,300.00 in taxes due on the property. Mr. Bounds stated that if repairs had been completed that it would be appropriate to waive the civil penalty. Council Member Moss stated that staff needed to develop a system to ensure that every citizen received clear understanding of the inspection process. He noted that Mr. Young had already completed repair to this property although he had been given until December 21, 2001 to do so. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 19 of There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 4225 Killian Street, Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and that the civil penalty be imposed if final inspection on this property had not been completed by December 21, 2001. The motion carried unanimously. Citizen Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council Presentations regarding good will and further expressions of good faith. G-13443 Assistant City Attorney Marcella Olson informed Council that the Ord. #14868 ordinance also included Tract 24 from Zoning Docket No. Z-01-017. Acceptance of She requested Council permit her to delete all references to Tract Applications for 24. Development of Certain Property There was presented Mayor and Council Communication No. G- 13443 from the City Manager recommending that the City Council adopt Ordinance No. 14868 adopting a 95-day moratorium expiring February 22, 2002, on acceptance of concept plans, preliminary plats and applications for building permits and other development permits for properties located in the vicinity of the Western Shore of Lake Arlington, South of the 6100 Block of Ramey Avenue, East of the 2800-5300 Blocks of Interstate Loop 820 and North of Interstate 20, pending consideration of rezoning of such properties. Council Member Moss made a motion, seconded by Council Member Lane, that the recommendation be adopted as amended. The motion carried unanimously. Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:33 p.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) S. N. Livingston, et al v. City of Fort Worth, Cause No. 352-176354-98; and b) Bradley W. Hickey, et al v. City of Fort Worth, Cause No. 348-185345-00; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 20 of c) Fort Worth Professional Fire Fighters Association, Jim Tate, J. R. Sullivan, Landon Stallings, Pat Vasquez, and Don Westmoreland, Jr. v. City of Fort Worth, Cause No. 17-185635-00; and d) Noemi Robles, Individually, and as Heir of Cassandra Robles v. Arturo Garza, Juanita Garza, and the City of Fort Worth, Cause No. 141-174337-98; and e) City of Denton, et al v. TXU Electric Company, et al, Cause No. 009383 (Dallas County, 134th Judicial District); and f) Legal issues concerning the provisions of jail services; and g) Legal issues concerning the sale of City-owned surplus real property; and h) 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 551.086 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; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 21 of 5. Deliberate concerning the annual performance evaluations of the following City Council-appointed officials: a) City Manager b) City Attorney c) City Secretary d) City Auditor in accordance with Section 551.074 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 3:22 p.m. Setting Salaries Mayor Pro tempore McCloud made a motion, seconded by Council for City Officials Member Davis, that the City Manager, City Secretary, and City — FY 2001-2002 Auditor receive a 5 percent raise and the City Attorney receive a 10 percent raise. The motion carried unanimously. L-13183 There was presented Mayor and Council Communication No. L- Sale of Tax 13183, dated November 6, 2001, from the City Manager Foreclosure recommending that the City Council authorize the sale of tax Property foreclosure property described at Lot 15, Block 2 (1737 East Davis Avenue), Belmont Addition, Tarrant County, Texas, to the Friendly Temple Church of God in accordance with Section 34.015 of the Texas Property Tax Code (DOE 920); and authorize the City Manager to execute the appropriate deed conveying the property to Friendly Temple Church of God, and record the deed. Mayor Pro tempore McCloud made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. L-13185 There was presented Mayor and Council Communication No. L- Sale of Tax 13185, dated November 6, 2001, from the City Manager Foreclosure recommending that the City Council authorize the sale of tax Property foreclosure property described as Lot 24, Block A (904 Parkdale Street), Ocie Speer Addition, Tarrant County, Texas, to the Fort Worth Independent School District in accordance with Section 34.015 of the Texas State Property Code (DOE 920); and authorize the City Manager to execute the appropriate deed conveying the property to the Fort Worth Independent School District, and record the deed. Council Member made a motion, seconded by Council Member , that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 22 of Council Member Moss informed Council that he had a conflict with this issue, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Haskin made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. L-13192 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Wentworth, and Davis NOES: None ABSENT: Council Member Picht NOT VOTING: Council Member Moss L-13190 There was presented Mayor and Council Communication No. L- Purchase 13190 from the City Manager recommending that the City Council Property for approve the purchase of property described as Lots 3 and 4, Block Development of 6 (809 and 813 South Freeway), Alvord and Veals Addition, Tarrant Evans Avenue County, Texas, from Rudolph Wilkinson, for $30,000.00 plus and Rosedale estimated closing costs for the development of the Evans Avenue Street Business and Rosedale Street Business and Cultural District (DOE 2886); and Cultural and authorize the City Manager to execute the appropriate closing District documents, and allow the Engineering Department, Real Property Division to file the deed in the City's name. Mayor Pro tempore McCloud made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. L-13191 There was presented Mayor and Council Communication No. L- Purchase 13191 from the City Manager recommending that the City Council Property for approve the purchase of property described as Lot 17, Block 3 Development of (1050 Missouri Avenue), Evans South Addition, Tarrant County, Evans Avenue Texas, from James E. Guinn III, for $41,500.00 plus estimated and Rosedale closing costs for the development of the Evans Avenue and Street Business Rosedale Street Business and Cultural District (DOE 2886); and and Cultural authorize the City Manager to execute the appropriate closing District documents, and allow the Engineering Department, Real Property Division to file the deed in the City's name. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 23 of L-13194 There was presented Mayor and Council Communication No. L- insert proper 13194 from the City Manager recommending that the City Council M&C description approve the purchase of property described as the West 65-feet of Lot 4, Block 1 (915 Missouri Avenue), Evans South Addition, Tarrant County, Texas, from Elvin Tatum, for $22,500.00 plus estimated closing costs for the development of the Evans Avenue and Rosedale Street Business and Cultural District (DOE 2886); and authorize the City Manager to execute the appropriate closing documents, and allow the Engineering Department, Real Property Division to file the deed in the City's name. Mayor Pro tempore McCloud made a motion, seconded by Council Member that the recommendation be adopted. L-13197 There was presented Mayor and Council Communication No. L- Sale of Four Tax 13197 from the City Manager recommending that the City Council Foreclosure consent to the sale of four tax foreclosure properties to the Fort Properties Worth Area Habitat for Humanity, Inc. in accordance with Section 34.05 of the Texas Property Code (DOE 920) for a total cost of $10,000.00; and accept, as payment of City taxes due on the properties, a proportional share of the purchase amount received on the properties, less court costs and fees; and authorize the City Manager to execute the appropriate deeds conveying the four properties to the Fort Worth Area Habitat for Humanity, Inc. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. L-13198 There was presented Mayor and Council Communication No. L- Sale of Two Tax 13198 from the City Manager recommending that the City Council Foreclosure consent to the sale of two tax foreclosure properties located at Properties 2809 and 2821 N.W. 19th Street, Fort Worth, Tarrant County, Texas, from Lake Worth Independent School District, in accordance with Section 34.05 of the Texas Property Tax Code (DOE 920) for a total amount of $4,000.00; and accept as payment of City of Fort Worth taxes due on the two properties a proportional share of the purchase amount received, less court costs and fees; and authorize the City Manager to execute the appropriate deeds conveying the properties to Mr. Tony Braxton of C/CO Trust. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 20, 2001 PAGE 23 of 23 and authorize the City Manager to execute the appropriate closing documents, and allow the Engineering Department, Real Property Division to file the deed in the City's name. Mayor Pro tempore McCloud made a motion, seconded by Council Member that the recommendation be adopted. L-13197 There was presented Mayor and Council Communication No. L- Sale of Four Tax 13197 from the City Manager recommending that the City Council Foreclosure consent to the sale of four tax foreclosure properties to the Fort Properties Worth Area Habitat for Humanity, Inc. pursuant to Section 34.05 of the Texas Property Code (DOE 920) for a total cost of $10,000.00; and accept, as payment of City taxes due on the properties, a proportional share of the purchase amount received on the properties, less court costs and fees; and authorize the City Manager to execute the appropriate deeds conveying the four properties to the Fort Worth Area Habitat for Humanity, Inc. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. L-13198 There was presented Mayor and Council Communication No. L- Sale of Two Tax 13198 from the City Manager recommending that the City Council Foreclosure consent to the sale of two tax foreclosure properties located at Properties 2809 and 2821 N.W. 19th Street, Fort Worth, Tarrant County, Texas, from Lake Worth Independent School District, pursuant to Section 34.05 of the Texas Property Tax Code (DOE 920) for a total amount of $4,000.00; and accept as payment of City of Fort Worth taxes due on the two properties a proportional share of the purchase amount received, less court costs and fees; and authorize the City Manager to execute the appropriate deeds conveying the properties to Mr. Tony Braxton of C/CO Trust. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 3:25 p.m. L i (. (e CITY RETARY MAYOR