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HomeMy WebLinkAbout2000/01/18-Minutes-City Council CITY COUNCIL MEETING JANUARY 18, 2000 Date & Time On the 18th day of January, A.D., 2000, the City Council of the City of Fort Worth, Texas, met in regular session at 10:25 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 Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. Warner Bailey, Ridglea Presbyterian Church. Mayor Barr expressed condolences to the family of Police Chief Thomas Windham from the City Council and staff. A moment of silence was observed in his memory. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Wentworth, the minutes of the regular meeting of January 11, 2000 were approved unanimously. Special Council Member Wentworth presented a Proclamation for Texas Presentations Southwestern Cattle Raisers Foundation Appreciation Day to Mr. David Kercheval, Executive Director of the Texas and Southwestern Cattle Raisers Foundation and recognized the Fort Worth Herd cowhands. Mayor Barr announced that at 1:30 p.m. on Wednesday he would be placing the Running FW Brand on the wall of the Cattle Raisers Museum located at 1301 W. 7th Street, which is the Brand chosen for the Fort Worth Herd. He further announced that the Party at Billy Bob's would occur Thursday and stated that the opening performance for the Rodeo would be Friday and invited everyone to attend. Council Member Davis presented a Proclamation for TCU Football Day to Coach Dennis Franchione. Coach Franchione introduced Curtis Fuller and LaDainian Tomlinson, who expressed appreciation for the support of the City Council and the community. Mr. Eric Hyman, Athletic Director, also appeared and presented Mayor Barr with a TCU jersey. Mayor Barr introduced Mr. J. M. Huddleston, who was honored as Mayor for the Day. Mayor Barr presented him with a certificate, City pin, and a key to the City commemorating the occasion. CITY COUNCIL MEETIPtu- FORT WORTH, TEXAS JANUARY 18, 2000 PAGE 2 of 12 Consent Agenda On motion of Council Member Picht, seconded by Council Member Moss, the consent agenda was adopted unanimously. Res. # 2604 There was presented Resolution No. 2604 recommending that the Support of Clean City of Fort Worth support Clean Air for North Texas. On motion of Air for North Council Member Haskin, seconded by Council Member Lane, the Texas recommendation was approved unanimously. Res. # 2605 There was presented Resolution No. 2605 authorizing intervention in Lone Star GUD No. 8976, TXU Lone Star Pipeline's application to the Railroad Pipeline Increase Commission to increase its City Gate Rate; further authorizing of City Gate Rate participation with the Steering Committee of cities served by Lone Star in proceedings before the Railroad Commission or subsequent appeals; requiring rate case expense reimbursement of reasonable costs incurred by the Steering Committee for attorneys, consultants and witnesses and other associated costs. On motion of Council Member Lane, seconded by Mayor Pro tempore McCloud, the recommendation was approved unanimously. OCS-1113 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1113 from the Office of the City Secretary recommending that the City Council approve the acceptance of liability bonds, as follows: PARKWAY CONTRACTORS INSURANCE COMPANY Fort Worth Excavating Insurors Indemnity Company Johnson Trucking & Tractor Universal Surety of America Wade Concrete Western Surety Company Ed A. Wilson, Inc. Great American Insurance Art Zavala Construction Western Surety Company It was the consensus of the City Council that the recommendation be adopted. OCS-1114 There was presented Mayor and Council Communication No. OCS- Claims 1114 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-1115 There was presented Mayor and Council Communication No. OCS- Res. # 2606 1115 from the Office of the City Secretary recommending that the Zoning Hearing City Council adopt Resolution No. 2606 setting the regular Zoning Hearing for February 8, 2000. On motion of Mayor Pro tempore McCloud, seconded by Council Member Davis, the recommendation was adopted unanimously. t✓'F"Y COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2000 PAGE 3of12 G-12788 There was presented Mayor and Council Communication No. G-12788 Deletion of from the City Manager recommending that the City Council: Westcrest Drive Drainage 1. Find that a material change has occurred with the proposed Improvements drainage improvements in Westcrest Drive so that the project, as originally proposed, is unnecessary; and 2. Approve the deletion of the project from the 1993 Capital Improvement Program. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing and adoption of ordinance designating the Fort Worth Tax Abatement Reinvestment Zone Number 34. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Tom Higgins, representing Economic Development, presented a staff report and advised Council that upon completion of all testimony, it was staff's recommendation to approve Mayor and Council Communication No. 12789, as follows: G-12789 There was presented Mayor and Council Communication No. G-12789 Ord. # 14063 from the City Manager recommending that the City Council: Fort Worth Tax Abatement 1. Hold a public hearing concerning the designation of Fort Worth Reinvestment Tax Abatement Reinvestment Zone No. 34; and Zone No. 34 2. Adopt Ordinance No. 14063 amending the Code of the City of Fort Worth (1986), as amended, by designating certain property in Tarrant County as Fort Worth Tax Abatement Reinvestment Zone No. 34. Council Member Picht expressed serious concern regarding the nominal inter-city participation, opposed granting the 100% abatement, and favored offering the basic abatement. There being no one else present desiring to be heard, Council Member Lane made a motion, seconded by Council Member Wentworth, that the public hearing be closed and that Mayor and Council Communication No. G-12789 be adopted. The motion carried unanimously. CITY COUNCIL MEETIN01 FORT WORTH, TEXAS JANUARY 18, 2000 PAGE 4 of 12 G-12790 There was presented Mayor and Council Communication No. G-12790 Proposed Tax from the City Manager recommending that the City Council: Abatement Agreement with 1. Find that the improvements contained within the Tax Abatement Meacham Rail Agreement are feasible and practical and would be a benefit to the 191 Partnership land and to the City after the expiration of the Tax Abatement and Execute Agreement; and Agreement 2. Find that written notice of the City's intent to enter into the Tax Abatement Agreement ("Agreement") and copies of the Agreement were delivered to all affected taxing units in accordance with state law; and 3. Find that the terms and conditions of the Agreement and the property subject to the Agreement meet the criteria of the City's Policy Statement: Tax Abatement for Qualifying Development Project (the "Tax Abatement Policy") as approved by M&C G- 12143 (Resolution No. 2379); and 4. Authorize the City Manager to enter into the Tax Abatement Agreement with Meacham Rail 191 Limited Partnership and Mattel, Inc. in accordance with the Tax Abatement Policy. Mr. Tom Higgins, representing the Economic Development Division, appeared before the Council and advised them of some amendments to be made in the tax abatement agreement, stating that on page 3, Roman Numeral III, Section B, No. 1 (a) the number 16 should be changed to "22" in both places of the paragraph and Page 4, No. 2 (a) the number 16 should be changed to "22". Council Member Haskin also stated her reservations regarding the tax abatement. Council Member Davis expressed concern relative to the number of inner city employees that would be employed by Mattel. Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. G- 12790, as amended in the abatement agreement, be adopted. The motion carried by the following vote: LiTY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2000 PAGE 5of12 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, and Wentworth NOES: Council Members Haskin, Picht, and Davis ABSENT: None G-12791 There was presented Mayor and Council Communication No. G-12791 Confirm from the City Manager recommending that the City Council confirm Appointment of the appointment of Ralph Mendoza as Acting Police Chief effective Acting Police January 12, 2000. Council Member Lane made a motion, seconded Chief by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-12792 There was presented Mayor and Council Communication No. G-12792 Settlement of from the City Manager recommending that the City Council: Lawsuit: Bobbie Ray Anderson, et 1. Approve the settlement of the lawsuit: Bobby Ray Anderson, et al. al. v. City of Fort v. City of Fort Worth, Texas, Civil Action No. 4:99-CV-088-Y Worth pursuant to the terms; and 2. Authorize the payment of $168,841.97 to plaintiffs and their attorneys, Mulholland & Hickey; and 3. Authorize the appropriate City representatives to execute the documents necessary to complete the settlement. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. P-9003 There was presented Mayor and Council Communication No. P-9003 Amend P-7698 from the City Manager recommending that the City Council amend for Additional M&C P-7698 for additional authorization to purchase computers, Authorization for parts, peripheral equipment, software and services for the Computers, Information Technology Solutions Department (IT Solutions), from Parts, Peripheral the State of Texas Catalog Purchasing Procedure, for an additional Equipment and $3,000,000.00. It was the consensus of the City Council that the Software recommendation be adopted. P-9004 There was presented Mayor and Council Communication No. P-9004 Purchase of from the City Manager recommending that the City Council authorize Plastic Trash Can the one-time purchase of Heavy Duty Plastic Trash Can Liners from Liners All American Poly on the basis of the low bid in the amount of $50,877.60, with payment terms of a one percent discount if paid within ten days, or pay the total invoice in 30 days. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2000 PAGE 6of12 L-12703 There was presented Mayor and Council Communication No. L-12703 Acquisition of from the City Manager recommending that the City Council approve Permanent Utility the acquisition of one permanent utility easement (PUE) described as Easement part of Robert Ramey Survey, Abstract No. 1341, Tarrant County, Texas from Patricia Dean Boswell, Trustee, required for Water Main Rehabilitation Contract GG, for a total of $4,203.75. It was the consensus of the City Council that the recommendation be adopted. L-12704 There was presented Mayor and Council Communication No. L-12704 Acquisition of from the City Manager recommending that the City Council approve Temporary the acquisition of two temporary construction easements described Construction as Block 6, Lot 22, Carter Park Addition, and Block ABS 948, Lot Easements Tract 3A, William R. Loving Survey, from Julie Hames, for Rehabilitation of Sanitary Sewer Main 36S (DOE 2484) for a total of $1,500.00. It was the consensus of the City Council that the recommendation be adopted. L-12705 There was presented Mayor and Council Communication No. L-12705 Authorize Sale of from the City Manager recommending that the City Council: Property to FWISD 1. Approve the sale of the surplus property described as Lot 4 (2838 Avenue A) and Lot 5 (2805 Avenue B), Cora Smith Addition in accordance with Section 272.001(b)(5) of the Texas Local Government Code for a total of$1,600.00; and 2. Authorize the City Manager to execute the appropriate deeds transferring the property to the Fort Worth Independent School District. City Manager Terrell advised Council of an amendment to the Discussion portion of this Mayor and Council Communication, stating that the sales price should read "$600.00" instead of $6,000.00. On motion of Council Member Lane, seconded by Council Member Wentworth, the recommendation, as amended, was adopted unanimously. PZ-2166 There was presented Mayor and Council Communication No. PZ-2166 Ord. # 14064 from the City Manager recommending that the City Council adopt Partial Vacation Ordinance No. 14064 vacating Sherril Street adjacent to Lot 1-A-R of Sherril Street Block 7, Factory Place Addition, and bounded by Hopkins Street, VA-99-076 Hulen Street, Lisbon Street and West Vickery Boulevard. It was the consensus of the City Council that the recommendation be adopted. C:i 1'Y COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2000 PAGE 7 of 12 PZ-2167 There was presented Mayor and Council Communication No. PZ-2167 Ord. #14065 from the City Manager recommending that the City Council adopt Utility Easement Ordinance No. 14065 vacating a utility easement within Lot 2R, Block Vacation 2, Green Oaks Addition. It was the consensus of the City Council VA-99-067 that the recommendation be adopted. PZ-2168 There was presented Mayor and Council Communication No. PZ-2168 Ord. # 14066 from the City Manager recommending that the City Council adopt Utility Easement Ordinance No. 14066 vacating a utility easement along the common Vacation property line of Lots 19 and 20, Block 2 of the Lake Oaks Estates VA-99-062 Addition. It was the consensus of the City Council that the recommendation be adopted. PZ-2169 There was presented Mayor and Council Communication No. PZ-2169 Ord. # 14067 from the City Manager recommending that the City Council adopt Ingress-Egress Ordinance No. 14067 vacating a ingress-egress easement along the Easement common property lines of Lots 1 and 2, Block 22 of the Overton Vacation South Addition. It was the consensus of the City Council that the VA-99-072 recommendation be adopted. PZ-2170 There was presented Mayor and Council Communication No. PZ-2170 Ord. # 14068 from the City Manager recommending that the City Council adopt Vacation of 30th Ordinance No. 14068 vacating 30th Street, between Schadt and Weber Street Streets, between Block 8 and Block 38 of the Morgan Heights VA-99-008 Addition. It was the consensus of the City Council that the recommendation be adopted. C-17823 There was presented Mayor and Council Communication No. C-17823 Public R-O-W from the City Manager recommending that the City Council authorize Use Agreement the City Manager to execute a Public Right-of-Way Use Agreement with TCG Dallas, a New York General Partnership. It was the consensus of the City Council that the recommendation be adopted. C-17824 There was presented Mayor and Council Communication No. C-17824 Renew CSC # from the City Manager recommending that the City Council authorize 23064 with the City Manager to: NSECDC, Inc. 1. Renew City Secretary Contract (CSC) No. 23064, as amended by CSC No. 24705, with the Near Southeast Community Development Corporation, Inc. (NSECDC) for one year from the date of execution of the renewal contract; and 2. Transfer $25,196.00 within the contract from Economic Development Project Funds to Economic Development Administration to hire an Economic Development Specialist; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2000 PAGE 8 of 12 3. Reallocate $25,000.00 within the contract from Economic Development Project Funds to Economic Development Administration for preparation of a redevelopment plan ($15,000.00) and a marketing study ($10,000.00) of Evans Avenue; and 4. Amend 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. It was the consensus of the City Council that the recommendation be adopted. C-17825 There was presented Mayor and Council Communication No. C-17825 Ord. # 14069 from the City Manager recommending that the City Council: Burleson Utilities, Inc. 1. Authorize the transfer of $562,332.78 from the Water and Sewer Operating Funds to the Water Capital Project Fund (in the amount of$254,825.95) and the Sewer Capital Project Fund (in the amount of$307,506.83); and 2. Adopt Appropriation Ordinance No. 14069 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $254,825.95 and in the Sewer Capital Project Fund in the amount of $307,506.83 from available funds for the purpose of funding a contract with Burleson Utilities, Inc. for Water and Sewer Replacement Contract 98GG; and 3. Authorize the City Manager to execute a contract with Burleson Utilities, Inc. in the amount of $499,851.35 and 85 working days for Water and Sewer Replacement Contract 98GG. It was the consensus of the City Council that the recommendation be adopted. C-17826 There was presented Mayor and Council Communication No. C-17826 Ord. # 14070 from the City Manager recommending that the City Council: Davila Construction, 1. Authorize the City Manager to transfer $534,468.25 from the Water Inc. and APAC- and Sewer Operating Fund to the Water Capital Project Fund in Texas, Inc. the amount of $377,066.75 and the Sewer Capital Project Fund in the amount of$157,401.50; and 2. Adopt Appropriation Ordinance No. 14070 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $377,066.75 and in the Sewer Capital Project Fund in the amount of $157,401.50 from available funds C fY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2000 PAGE 9of12 for the purpose of funding a contract with Davila Construction, Inc. for Unit 1: Water and Sanitary Sewer Replacements in Pershing Avenue, and a Water Contract with APAC-Texas, Inc. for Unit II: Paving Improvements Alternates 1 and 2 for Pershing Avenue; and 3. Authorize the City Manager to execute a contract with Davila Construction, Inc. in the amount of $477,178.25 and 60 working days for Unit I: Water and Sanitary Sewer Replacements in Pershing Avenue; and 4. Authorize the City Manager to execute a contract with APAC- Texas, Inc. in the amount of $574,873.70 and 90 working days for Unit II: Paving Improvements Alternate No. 2 for Pershing Avenue. It was the consensus of the City Council that the recommendation be adopted. C-17827 There was presented Mayor and Council Communication No. C-17827 Freese & Nichols, from the City Manager recommending that the City Council authorize Inc. the City Manager to execute an engineering agreement with Freese & Nichols, Inc. for the design of the South Holly Water Treatment Plant Transfer Pump Station Renovation for a total fee not to exceed $98,142.00. It was the consensus of the City Council that the recommendation be adopted. C-17828 There was presented Mayor and Council Communication No. C-17828 N. G. Painting, from the City Manager recommending that the City Council authorize Inc. the City Manager to execute a construction contract with N.G. Painting, Inc. for repair and repainting of the Seminary Hill 2MG Elevated Storage Tank, on the low bid of $659,500.00. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public 2315 Ellis Avenue hearing for the Appeal of the Order of the Building Standards Commission regarding 2315 Ellis Avenue. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Paul Bounds, representing Code Compliance, appeared before the City Council and presented a staff report regarding property located at 2315 Ellis Avenue and advised Council that staff was recommending that the City Council uphold the decision of the Building Standards Commission for assessment of the civil penalty in the amount of $1,200.00. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2000 PAGE 10 of 12 Stan Flores Mr. Stan Flores, 1413 Circle Park, appeared before the City Council and explained the various delays regarding the outside and inside repairs of the property located at 2315 Ellis Avenue. He further advised Council of the problems that he was having with the subcontractors. Mr. Bound's rebuttal was that Mr. Flores took 102 days instead of 90 days and stated that the maximum amount of $1,000.00 per day was not initiated and requested that the penalty of$1,200.00 be sustained. There being no one else present desiring to be heard, Council Member Lane made a motion, seconded by Council Member Davis, that the public hearing be closed and that Council sustain the order of the Building Standards Commission and assess a civil penalty of $300.00 on property located at 2315 Ellis Avenue. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Picht, and Davis NOES: Council Member Wentworth ABSENT: None It appeared to the City Council that notice was given 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 December 29, 1999. Mayor Barr asked if there was anyone present desiring to be heard. Z-99-153A Council Member Picht made a motion, seconded by Council Member Approved Davis, that the application of Omni-Custer, L.P. by Robert J. Rockett, for a change in zoning of property located in the 6200 Block of Westcreek Drive from "PD/SU-15" Planned Development/ Specific Use, "FR" Restricted Commercial and "CF" Community Facilities to "CF" Community Facilities, Zoning Docket No. Z-99-153A, be approved. The motion carried unanimously. Ms. Ann Kovich, Director of Development, appeared before the City Council and explained that the reason there were two cases on the agenda with the same Zoning Case numbers was because one of the property owners decided not to go through with the proposed zoning change at this time and stated that Lot 9, Block 99 was withdrawn from the cases recommended for approval. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2000 PAGE 11 of 12 Z-00-008 Council Member Lane made a motion, seconded by Council Member Block 99-100 Davis, that the application of City of Fort Worth for a change in Lots 1-8 zoning of property located in the 3000 Block of North Terry Street Approved (Block 99, Lots 1-8 and Block 100, Blocks 1-8), from "I" Light Industrial to "A" One-Family, Zoning Docket No. Z-00-008, be approved. The motion carried unanimously. Z-00-008 Council Member Lane made a motion, seconded by Council Member Block 99, Lot 9 Davis, that the application of City of Fort Worth for a change in Denied Without zoning of property located in the 3000 Block of North Terry Street Prejudice (Block 99, Lot 9) from "I" Light Industrial to "A" One-Family, Zoning Docket No. Z-00-008, be denied without prejudice. The motion carried unanimously. Z-99-131 Mayor Pro tempore McCloud made a motion, seconded by Council SP-99-030 Member Davis, that the application of Fidel Villagomez by Bonilla Denied Group, for a change in zoning of property located at 5031 Wichita Street from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial plus Auto Sales/Repair and Commercial truck parking Zoning Docket No. Z-99- 131 and Site Plan No. SP-99-030, be denied. The motion carried unanimously. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Davis made a motion, seconded by Council Member Lane, that the Zoning Hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 14071 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. CITY COUNCIL MEETh FORT WORTH, TEXAS JANUARY 18, 2000 PAGE 12 of 12 The motion carried unanimously. Executive It was the consensus of the City Council that the City Council meet in Session closed session at 11:34 a.m. to seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: a) City of Fort Worth v. City of Dallas et al., Cause No. 48- 171109-97 b) City of Dallas v. City of Fort Worth et al., Cause No. 3-97- CV-2734-T c) City of Fort Worth v. Department of Transportation, Nos. 99-60008 and 99-60239 d) In re Montgomery Ward Holding Corporation, Bankruptcy Case No. 97-1409 as authorized by Section 551.071 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 11:50 a.m. Adjournment There being no further business, the meeting was adjourned at 11:50 a.m. CITY SE RETARY MAYOR