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HomeMy WebLinkAbout2001/11/27-Minutes-City Council CITY COUNCIL MEETING NOVEMBER 27, 2001 Date & Time On the 27th 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, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; Assistant City Secretary Sylvia Glover. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Robert Arrubla, Good Shepherd Baptist 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 November 20, 2001, were approved unanimously. Announcements Council Member Moss announced that a Public Forum would be conducted at Sunrise Elementary School tonight at 7:00 p.m. and invited the public to attend. Council Member Lane announced that the groundbreaking for the new La Grave Field would be held December 3, 2001, at 2:00 p.m. at the site of the old La Grave Field, and invited everyone to attend. Mayor Barr stated that many people in the community worked on this endeavor. He recognized Carl Bell for his large contribution to the project, as well as the efforts of Assistant City Attorney Peter Vaky, and Brian Boerner from Environmental Management. Mayor Barr reminded the listening audience that the December 4, 2001 Council Meeting had been changed and would be held at 10:00 a.m. and not at the regularly scheduled time of 7:00 p.m. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-13427 be withdrawn from the agenda; G- Staff 13446 be continued until December 11, 2001; and Zoning Docket No. ZC-01-1013 be continued for one week. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Haskin, the consent agenda was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 27, 2001 PAGE 2 of 12 Appointments Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that Brud Pickett be appointed to Place 3 on the City Plan Commission effective November 27, 2001, and with a term expiring October 1, 2003. The motion carried unanimously. Council Member Haskin informed Council that there were vacancies on the Board of Adjustment and Fort Worth Human Relations Commission and asked them to please submit names or applications of anyone they knew interested in serving on one of these boards. OCS-1251 There was presented Mayor and Council Communication No. OCS- Claims 1251 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. G-13427 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-13427, Authorize Payment for the City of Fort Worth's FY2001-2002 Membership with the Dallas/Fort Worth Regional Film Commission, be withdrawn from the agenda. G-13445 There was presented Mayor and Council Communication No. G- Payment for 13445 from the City Manager recommending that the City Council Membership authorize payment for the City's membership with the Texas with Texas Municipal League in the amount of $25,558.00. It was the Municipal consensus of the City Council that the recommendation be League adopted. G-13446 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-13446, Adopt Ordinance Revising Chapter December 11, 32, Article 1 of the City Code to Include Motor Vehicles Leases for 2001 Personal Use, be continued until December 11, 2001. L-13199 There was presented Mayor and Council Communication No. L- Ord. # 14869 13199 from the City Manager recommending that the City Council: Purchase Property for La 1. Adopt Appropriation Ordinance No. 14869 increasing the Grave Field estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $26,000.00 from available funds for the purpose of funding ground water sampling costs at 600 North Jones; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 27, 2001 PAGE 3 of 12 2. Approve the transfer of $26,000.00 from undesignated funds in the Environmental Management Operating Fund to the La Grave Field project in the Environmental Management Project Fund; and 3. Authorize payment in the amount of $26,000.00 to Cytec Industries, Inc. for groundwater sampling and testing and closing costs necessary to purchase the property at 600 North Jones for the development of La Grave Field. Council Member Haskin made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. C-18843 There was presented Mayor and Council Communication No. C- Westhill 18843 from the City Manager recommending that the City Council Construction, confirm an emergency procurement contract with Westhill Inc. Construction, Inc. for payment repair along Lancaster Avenue from Summit Street to Foch Street in the amount of $204,000.00. It was the consensus of the City Council that the recommendation be adopted. C-18844 There was presented Mayor and Council Communication No. C- Carter 18844 from the City Manager recommending that the City Council: Metropolitan Community 1. Authorize the City Manager to execute a contract with Carter Development Metropolitan Community Development Corporation (Carter Corporation Metro CDC) for the Home Investment Partnerships Program (HOME) Community Housing Development Organization (CDHO) in the amount of $218,351.00 to continue the development process and construction of homes affordable to low and moderate-income homebuyers; and 2. Authorize the contract to begin on the date of execution, and expire December 31, 2002; and 3. Authorize extension or renewal of the contract for up to one year, if Carter Metro CDC requests an extension; and 4. Authorize amendment of the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project, and in compliance with applicable laws and regulations; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 27, 2001 PAGE 4 of 12 5. Authorize Carter Metro CDC to retain a portion of the proceeds, as defined by Section 92.300(a)(2) of the HOME Program. It was the consensus of the City Council that the recommendation be adopted. C-18845 There was presented Mayor and Council Communication No. C- Near Northside 18845 from the City Manager recommending that the City Council: Partners Council, Inc. 1. Authorize the reallocation of $160,000.00 in existing FY2001 Home Investment Partnerships Program (HOME) grant funds in order to execute a contract with the Near Northside Partners Council, Inc.; and 2. Authorize the City Manager to execute a contract with the Near Northside Partners Council, Inc. in an amount not to exceed $160,000.00 in FY2001 HOME funds to purchase vacant residential lots and construct and sell two single- family homes in the near northside area; and 3. Authorize the contract to begin on the date of execution, and expire twelve months thereafter; and 4. Authorize extension or renewal of the contract for up to one year, if the Near Northside Partners Council, Inc. requests an extension; and 5. Authorize amendment of the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project, and in compliance with applicable laws and regulations; and 6. Authorize the Near Northside Partners Council, Inc. to retain the proceeds as defined by Section 92.300(a)(2) of the HOME Program and in conformance with City policy. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 27, 2001 PAGE 5 of 12 C-18846 There was presented Mayor and Council Communication No. C- United Riverside 18846 from the City Manager recommending that the City Council: Rebuilding Corporation 1. Authorize the reallocation of $125,900.00 in existing Home Investment Partnerships Program (HOME) grant funds in order to execute a contract with the United Riverside Rebuilding Corporation; and 2. Authorize the City Manager to execute a contract with the United Riverside Rebuilding Corporation in an amount not to exceed $125,900.00 in FY2001 HOME funds to purchase, rehabilitate, and resell two single-family homes in the Riverside area; and 3. Authorize the contract to begin on the date of execution, and expire twelve months thereafter; and 4. Authorize extension or renewal of the contract for up to one year, if the United Riverside Rebuilding Corporation requests an extension; and 5. Authorize amendment of the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project, and in compliance with applicable laws and regulations; and 6. Authorize the United Riverside Rebuilding Corporation to retain the proceeds as defined by Section 92.300(a)(2) of the HOME program and in conformance with City policy. It was the consensus of the City Council that the recommendation be adopted. C-18847 There was presented Mayor and Council Communication No. C- Amendment #6 18847 from the City Manager recommending that the City Council to CSC #24692 — approve Amendment No. 6 to City Secretary Contract No. 24692 Austin with Austin Commercial, Inc. for the provision of additional design Commercial, Inc. and construction management services for the construction of the Fort Worth Convention Center for an additional fee not to exceed $3,542,500.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 27, 2001 PAGE 6 of 12 C-18848 There was presented Mayor and Council Communication No. C- Ord. #14870 18848 from the City Manager recommending that the City Council: Sutton & Associates, Inc. 1. Authorize the City Manager to transfer $439,232.87 from the Water and Sewer Fund to the Water Capital Project Fund in the amount of $298,800.00, and the Sewer Capital Project Fund in the amount of$140,432.87; and 2. Adopt Appropriation Ordinance No. 14870 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $298,800.00 and in the Sewer Capital Project Fund in the amount of $140,432.87 from available funds for the purpose of funding a contract with Sutton & Associates, Inc., for HMAC Surface Overlay 2002- 2; and 3. Authorize the City Manager to execute a contract with Sutton & Associates, Inc. in the amount of $784,865.75 for HMAC Surface Overlay 2002-2, with a completion time of 55 working days. It was the consensus of the City Council that the recommendation be adopted. C-18849 There was presented Mayor and Council Communication No. C- Conatser 18849 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Conatser Inc. Construction, Inc. for an 8-inch and 12-inch water main for St. Francis Village in the amount of $432,676.20. It was the consensus of the City Council that the recommendation be adopted. C-18850 There was presented Mayor and Council Communication No. C- Oscar Renda 18850 from the City Manager recommending that the City Council Contracting, Inc. authorize the City Manager to execute a contract with Oscar Renda Contracting, Inc. in the amount of $2,455,376.00 and 270 working days for construction of the Southside II (S2-6) Contract 3 Water Transmission Main, Phase 1. It was the consensus of the City Council that the recommendation be adopted. C-18851 There was presented Mayor and Council Communication No. C- M. A. Vinson 18851 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a contract with M. A. Vinson Company, Inc. Construction Company, Inc. in the amount of $174,452.00 and 50 working days for drainage improvements for Meadows West Channel. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 27, 2001 PAGE 7 of 12 C-18852 There was presented Mayor and Council Communication No. C- Amend CSC 18852 from the City Manager recommending that the City Council #22369 — Tech authorize the City Manager to execute an amendment to City Data Secretary Contract No. 22369, a Tax Abatement Agreement with Corporation Tech Data Corporation. Council Members Haskin and Picht disclosed that they had a banking relationship with Wells Fargo Bank, but stated that this did not prohibit them from voting on this M&C. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-18853 There was presented Mayor and Council Communication No. C- Lonestar Tennis 18853 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute a contract with the Lonestar Tennis Corporation for the management of operations at the McLeland Tennis Center; and authorize the contract to begin January 1, 2002, and expire December 31, 2004, with options to renew for two additional one-year periods. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. ZC-01-1013 It was the consensus of the City Council that Zoning Docket No. Continued for ZC-01-1013, Cytec Industries by the City of Fort Worth by Tom One Week Higgins for a change in zoning of property located at 500 North Commerce, East of North 5t" Street from "J" Medium Industrial to "MU-2" High Density Mixed Use, be continued for one week. ZC-01-1026 It appeared that the City Council, at its meeting of November 13, Continued for 2001, continued the hearing of Zoning Docket No. ZC-01-1026, Two Weeks application of the City of Fort Worth for a change in zoning of property described below: Area 3: 3600-3800 Golden Triangle Boulevard from "AG" Agricultural to "PD-SU" Planned Development/Specific Use for all uses in "FR" General Commercial Restricted plus machine shop, metal fabricating, veterinary facility with outdoor kennels and grease recycling, and waiver of site plan recommended. Area 9: 8600-8700 Old Denton Road from "AG" Agricultural to "I" Light Industrial. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 27, 2001 PAGE 8 of 12 Lance Griggs Mr. Lance R. Griggs, 6613 Longleaf Lane, representing the Summerfields Neighborhood Association, appeared before Council in opposition of the requested zoning change. He stated that although the neighborhood association participated in the original zoning discussions in February 2001, they had not received any notification of the case going before Council for a vote today. He added that the proximity of the zoning change in relation to the neighborhood gives the neighborhood a vested interest in what is constructed in the area. The association was concerned with Area 9 being zoned to "I" Light Industrial and with the City possibly perpetuating incorrect zoning. He further stated that the Association would like to see the property zoned for other use and requested Council allow them additional time to work with the applicants to discuss changing the zoning to that of a more suitable use. He further stated that they would like for the City Council to change the zoning to "A" or "C" with a "PD/SU" or send it back to the City Zoning Commission for rehearing. Jim Schell Mr. Jim Schell, 901 Fort Worth Club, appeared before Council in support of the zoning change. He stated that owners in the current single-family zoned parcels all elected to go to "I" Light Industrial zoning. He added that City staff stated that the proposed change was the closest zoning for the area to conform to the Comprehensive Plan, based on the current usage, and that the change was unanimously approved by the Zoning Commission. He requested that the Council uphold the decision of the Zoning Commission and approve the zoning change. Clay Bowden Mr. Clay Bowden, representing Dos Amigos, appeared before Council at the request of Council Member Davis. He briefed the Council on 30,000 square foot expansion of the food processing plant to add a refrigerated warehouse and a small dry storage area. Mr. Bowden also addressed the odor concerns as being minimal. Bob West Mr. Bob West, 301 Commerce Street, representing property owner Bill Markham, appeared before Council in support of the zoning change. He stated that his client had purchased the land before it was annexed into the City and had invested over $800,000.00 of improvements to the property and wanted the property zoned "I" Light Industrial because he had outdoor storage. He added that 100 percent of the owners in parcels 9 and 10 had agreed with the zoning change and requested Council's approval. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 27, 2001 PAGE 9 of 12 There being no one else present desiring to be heard in connection with the application of the City of Fort Worth, and after a lengthy discussion among the Council relative to legally non-conforming zoning, owner property interests, and land use, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Zoning Docket No. ZC-01-1026 be continued for two weeks. The motion carried unanimously. Mayor Barr stated that Citizen Presentations would be heard at this time. Citizen Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council Presentations regarding charitable contributions and community service/ Riley Cantrell volunteerism. ZC-01-1028 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 for a change in zoning of property located in the 2400-2600 Block of Cunningham Road and Risinger Road from "AG" Agricultural to "A-5" One-Family and "I" Light Industrial, Zoning Docket No. ZC-01-1028. Mayor Barr asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of the City of Fort Worth, Council Member Picht made a motion, seconded by Council Member Lane, that the Zoning Hearing be closed and that Zoning Docket No. ZC-01-1028 be approved. The motion carried unanimously. ZC-01-1041 It appeared that the City Council, at its meeting of November 13, Continued Until 2001, continued the hearing of the application of J. D. Von Wahlde December 11, for a change in zoning of property located at 1216 S. Jennings 2001 Avenue from "D" High Density Multi-Family and "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for all uses in "G" Intensive Commercial plus outdoor storage of trailers, equipment and roofing trusses with an 8-foot solid fence required along south and east sides with 8-foot lagustrum on east side, and waiver of site plan recommended, Zoning Docket No. ZC-01-1041 (See letter of continuance). Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 27, 2001 PAGE 10 of 12 There being no one else present desiring to be heard in connection with the application of J. D. Von Wahlde, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Zoning Docket No. ZC-01-1041 be continued until December 11, 2001. The motion carried unanimously. 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 Davis made a motion, seconded by Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 14871 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. Z-01-032 It appeared that the City Council, at its meeting of November 20, Approved 2001, continued the hearing of Zoning Docket No. Z-01-032, Text Ord. # 14872 Amendment amending the Zoning Ordinance No. 13896, as Text amended, codified as Appendix "A" of the Code of the City of Fort Amendment 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, Outdoor (Temporary)", all events/activities/festivals open to the CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 27, 2001 PAGE 11 of 12 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. John Garfield, respresenting the Development Department, stated that the ordinance needed to be amended as follows: a. Section 2, paragraphs A2c and A3c: Delete "...as set out in Section 16, `Health and Sanitation', Article IV, Division 2 `Food Establishments, Permits and Plans Review' of the Code of the City of Fort Worth." b. Section 2, paragraphs A2d and A3d: Add after "...table", "and a seating capacity of four." and delete "...four (4) chairs." There being no one else present desiring to be heard in connection with the recommended changes and amendments to Ordinance No. 14872 Text Amendment, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted, as amended: ORDINANCE NO. 14872 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 9 TO ADD DEFINITIONS OF VENDOR CERTIFICATE OF OCCUPANCY, 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 EVENTS/ACTIVITIES/FESTIVALS APPROVED BY THE BOARD OF ADJUSTMENT UNDER SECTION 5.400 OF THE ZONING ORDINANCE ENTITLED "AMUSEMENT, OUTDOOR (TEMPORARY)", ALL EVENTS/ACTIVITIES/FESTIVALS APPROVED BY CITY COUNCIL AND ALL EVENTS/ACTIVITIES/FESTIVALS OPEN TO THE PUBLIC FOR THE PURPOSE OF PROVIDING ENTERTAINMENT, FOOD AND/OR SALES OF MERCHANDISE THAT LAST NO LONGER THAN THREE DAYS, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 27, 2001 PAGE 12 of 12 The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Wentworth, and Davis NOES: Council Member Haskin ABSENT: None Mayor Barr stated that City Attorney Yett had advised him that the Executive Session was not required. Adjournment There being no further business, the meeting was adjourned at 12:25 p.m. CITY SEC ETARY MAYOR