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HomeMy WebLinkAbout2000/04/11-Minutes-City Council y CITY COUNCIL MEETING APRIL 11, 2000 Date & Time On the 11th day of April A.D., 2000, the City Council of the City of Fort Worth, Texas, met in regular session at 7:15 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth and Wendy Davis; City Manager Bob Terrell; Deputy City Attorney William Wood; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. Murray Richey, John Knox Presbyterian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Davis, the minutes of the regular meeting of April 4, 2000 were approved unanimously. Special Willa Lister, Manager of Community Services, Parks and Presentations Community Services Department, introduced Art Contest Award students from Lillie B. Clayton Elementary School. Council Member Davis presented the awards to the students. Mayor Pro tempore McCloud introduced Ms. Crystal Kirkendoll, a senior at O. D. Wyatt High School, whose attendance at the National League of Cities Conference held in Washington D.C. in March was sponsored by the City. Ms. Kirkendoll thanked the City for the opportunity she and LaChandra Warren were afforded and stated that it was a very enlightening experience. Announcements Council Member Moss announced that on April 15, 2000 from 1:00 p.m. to 3:00 p.m. at the Boys' and Girls' Club on the corner of Ramey and Edgewood, there would be an activity for the family "Kite Day" and invited residents of District 5 to come and join in the fun. Council Member Picht announced that the Texas Severe Storms Association would hold their annual meeting on April 15, 2000 at 9:00 a.m. at the Plano Municipal Center Council Chamber. The meeting was free and open to the public. Council Member Davis announced that on April 18, 2000 from 5:00 p.m. to 7:00 p.m. at the Botanic Garden Center, independent engineers, landscape architects, and planners have agreed to Cam' C CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 11, 2000 PAGE 2 OF 16 assist the City in the design for the Highway 121 plan, specifically in the area of Montgomery and Summit. She urged anyone interested in voicing their concerns, to be present at the Botanic Garden Center. She also invited citizens in Districts 8 and 9 to attend the Town Hall Meeting on April 25, 2000 at 7:00 p.m. at the Travis Avenue Baptist Church which she would co-host with Mayor Pro tempore McCloud. Council Member Lane expressed appreciation to the Latin Express for the concert they held this past weekend to benefit victims affected by the March 28, 2000 tornado. Mayor Barr stated that various notices had been distributed regarding services that could be provided to homeowners, businesses, and renters who experienced damage or injury resulting from the tornado. He informed anyone requiring assistance for a variety of services, should contact the Federal Emergency Management Agency (FEMA) at 1-800-462-9029. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda was adopted unanimously. Res. No. 2625 There was presented Resolution No. 2625 from the City Council of Texas Legislature the City of Fort Worth urging the Texas Legislature to consider Consideration - certain factors when consideration is given to the redistricting of Redistricting legislative and congressional districts that impact the Legislative and representation of Fort Worth residents. Mayor Pro tempore Congressional McCloud made a motion, seconded by Council Member Davis, that Districts the recommendation be adopted. The motion carried unanimously. OCS-1132 There was presented Mayor and Council Communication No. OCS- Claims 1132 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. Public Hearing It appeared that the City Council continued the public hearing regarding a Consolidated Plan Grant Application (CDBG, ESG, HOPWA, HOME Grants) for submission to the U. S. Department of Housing and Urban Development. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETI FORT WORTH, TEXAS APRIL 11, 2000 PAGE 3 OF 16 Ms. Diedra Emerson, Contract Compliance Supervisor, appeared before the City Council and presented a staff report calling attention to Mayor and Council Communication No. G-12869, as follows: G-12869 There was presented Mayor and Council Communication No. G- Ord. No. 14160 12869, dated March 28, 2000, from the City Manager Consolidated recommending that the City Council: Plan Grant Application 1. Approve the City's Consolidated Grant Application for submission to the U.S. Department of Housing and Urban Development (HUD); and 2. Authorize the use of $292,718.00 in-kind match from the Supportive Services 1999 HOME Investment Partnerships Program (HOME) account; and 3. Adopt Appropriation Ordinance No. 14160 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$7,673,000.00 for Community Development Block Grant Funds, $2,755,000.00 for HOME funds; $272,000.00 for Emergency Shelter Grant Program Funds; and $674,000.00 for Housing Opportunities for Persons With AIDS Funds, subject to receipt of the grant, for the purpose of funding Consolidated Plan Grant application for submission to the U.S. Department of Housing and Urban Development (HUD); and 4. Authorize the use of up to $800,000.00 in estimated program income from the interest earned and Revolving Loan Fund; and 5. Apply indirect cost rates as applicable for the Grants Fund in accordance with the City's Administrative Regulation 3- 15. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and that Mayor and Council Communication No. G-12869 be adopted with the following amendment to Ordinance No. 14160: That the Mental Health Association be restored to full-level funding instead of reducing funding by 10 percent. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 11, 2000 PAGE 4 OF 16 G-12871 There was presented Mayor and Council Communication No. G- Appointment of 12871, dated March 28, 2000, from the City Manager Improvement recommending that the City Council establish an advisory board District# 1 to develop and recommend to City Council a service, Advisory Board improvement and assessment plan for the Fort Worth Improvement District No. 1. Council Member Haskin made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. G-12881 There was presented Mayor and Council Communication No. G- Waive Rental and 12881 from the City Manager recommending that the City Council Other Fees at authorize the City Manager to waive all fees relating to the rental WRMC in of Will Rogers Auditorium for an event to be held by Catholic Support of Charities and the U.S. Immigration and Naturalization Service Catholic during Migration Week on June 14, 2000. It was the consensus of Charities Event the City Council that the recommendation be adopted. G-12882 There was presented Mayor and Council Communication No. G- Relocation of 12882 from the City Manager recommending that the City Council: Main Street Fort Worth Arts 1. Authorize the City Manager to approve the request of Festival Downtown Fort Worth, Inc. to relocate the Main Street Fort Worth Arts Festival to West Lancaster Avenue between University Drive and Montgomery Street, and West Lancaster Avenue at the intersections of Arch Adams and Will Rogers Boulevard during the period of Monday, April 10 through Monday, April 17, 2000; and 2. Approve the name change of this event to the Main Street West Fort Worth Arts Festival. It was the consensus of the City Council that the recommendation be adopted. G-12883 There was presented Mayor and Council Communication No. G- Ord. # 14161 12883 from the City Manager recommending that the City Council: Ord. #14162 FY 2000-2001 1. Authorize the City Manager to accept, if awarded, two DART and grants from the Governor's Office, Criminal Justice Division Enhanced DART in the amount of$158,304.00; and Grants CITY COUNCIL MEETIi C FORT WORTH, TEXAS APRIL 11, 2000 PAGE 5 OF 16 2. Adopt Appropriation Ordinance No. 14161 increasing the estimated receipts and appropriations in the Special Trust Fund, Awarded Assets, in the amount of $95,647.00 from available funds for the purpose of funding D.A.R.T. and the Enhanced D.A.R.T. Programs; and 3. Authorize the transfer of $95,647.00 from the Special Trust Fund, Awarded Assets, to the Grants Fund for the City's match; and 4. Authorize the use of $34,278.00 in time donated by volunteers as in-kind match; and 5. Adopt Appropriation Ordinance No. 14162 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$288,229.00 subject to the receipt of the grant from the Governor's Office Criminal Justice Division for the purpose of funding D.A.R.T and the Enhanced D.A.R.T. Programs; and 6. Enter into a contract with Women's Haven of Tarrant County for an amount not to exceed $29,550.00; and 7. Waive indirect costs in the amount of$41,634.00. It was the consensus of the City Council that the recommendation be adopted. G-12884 There was presented Mayor and Council Communication No. G- Settlement of 12884 from the City Manager recommending that the City Council: Lawsuit: Bruce H. Weiner vs. City of 1. Approve the proposed settlement of the lawsuit: Bruce H. Fort Worth, Weiner vs. City of Fort Worth, Texas, Cause No. 141-178501- Texas 99; and 2. Authorize the payment of $54,000.00 jointly to Bruce H. Weiner and his attorney, Jack Friedman; and 3. Authorize the payment of an amount not to exceed $1,200.00 payable to Jack Friedman, representing plaintiff's taxable court cost; and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 11, 2000 PAGE 6 OF 16 4. Authorize the appropriate City representatives to execute the documents necessary to complete the settlement. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. G-12885 There was presented Mayor and Council Communication No. G- Temporary Street 12885 from the City Manager recommending that the City Council Closure Request approve the request of Colonial Country Club to temporarily close During the the 3700 block of Country Club Circle, the 3700, 3800 and 3900 MasterCard blocks of Mockingbird Lane, and Cantey Street between Highview Colonial Golf Terrace West and the Texas Christian University parking lot Tournament during the period of the MasterCard Colonial Golf Tournament from May 15 through May 21, 2000. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-12886 There was presented Mayor and Council Communication No. G- Ord. # 14163 12886 from the City Manager recommending that the City Council: Ord. # 14164 Cash Finance 1. Adopt Supplemental Appropriation Ordinance No. 14163 Water Projects appropriating $8,000,000.00 in the Water and Sewer and Transfer Operating Fund and decreasing the unreserved, Funds to Debt undesignated Retained Earning Fund balance by the same Service amount for the purpose of providing funding for Water Capital Improvement Projects and to offset debt associated with debt issued to accelerate the Infill/Infiltration Program; 2. Authorize the transfer of $6,000,000.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 3. Adopt Appropriation Ordinance No. 14164 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $6,000,000.00 from increased revenue for the purpose of funding Water Capital Improvement Projects and to offset debt associated with debt issued to accelerate the Infill/Infiltration Program. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETI 10 FORT WORTH, TEXAS APRIL 11, 2000 PAGE 7 OF 16 G-12887 There was presented Mayor and Council Communication No. G- Ord. # 14165 12887 from the City Manager recommending that the City Council: Accept Contribution 1. Accept a contribution from Downtown Fort Worth, Inc. in the from Downtown amount of $193,700.00 to offset one year's operating and Fort Worth, Inc. maintenance costs for Burnett Park; and 2. Adopt Appropriation Ordinance No. 14165 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $193,700.00 subject to receipt of funds from Downtown Fort Worth, Inc. for the purpose of funding the maintenance of Burnett Park. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted, with appreciation. The motion carried unanimously. P-9063 There was presented Mayor and Council Communication No. P- Purchase of 9063 from the City Manager recommending that the City Council Forklift and authorize: Excavator 1. The purchase of a new 2000 JCB Model 526 Off-Road Telescopic Forklift from Crescent Machinery Company, based on low bid for an amount not to exceed $46,900.00, with freight costs and optional manuals included in the total cost. Payment is due within 30 days following the date of invoice; and 2. The purchase of a new 2000 Gradall Model XL4200 Tracked Excavator from Continental Equipment Company, LP, based on low bid meeting specifications for a cost not to exceed $190,238.00 with freight costs, an optional 8-foot boom extension, and manuals included in the total cost. Payment is due within 30 days following the date of invoice. It was the consensus of the City Council that the recommendation be adopted. P-9064 There was presented Mayor and Council Communication No. P- Purchase 9064 from the City Manager recommending that the City Council Agreement for authorize: Water Bill Envelopes CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 11, 2000 PAGE 8OF16 1. A purchase agreement for water bill envelopes from Mail Well Envelope Company for the Water Department based on low bid with payment due 30 days after invoice date and freight included in the unit price; and 2. This agreement to begin May 1, 2000, and expire April 30, 2001, with options to renew for three additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9065 There was presented Mayor and Council Communication No. P- Purchase 9065 from the City Manager recommending that the City Council Agreement for authorize: ViewDirect Software 1. A purchase agreement for maintenance of ViewDirect software for the Information Technology Solutions Department from Mobius Management Systems, Inc., for an amount not to exceed $20,685.00 per year based on the documented sole source; and 2. This agreement to begin April 11, 2000, and end April 10, 2001, with the option to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9066 There was presented Mayor and Council Communication No. P- Termination of 9066 from the City Manager recommending that the City Council Agreement and authorize: Award for Elevator 1. Termination of the purchase agreement with Access Maintenance and Elevator, Inc. for elevator maintenance and repair services Repair Services for the City of Fort Worth; and 2. The barring of Access Elevator, Inc. from bidding on City projects for a period of one year; and 3. Award of agreement to the next lowest bidder, B & B Elevator Company, for $75,064.20 with payment due 30 days after receipt of invoice. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETI FORT WORTH, TEXAS APRIL 11, 2000 PAGE 9 OF 16 L-12765 There was presented Mayor and Council Communication No. L- Lease Agreement 12765 from the City Manager recommending that the City Council: with Osteopathic Health Systems 1. Authorize the City Manager to execute a lease with the of Texas Osteopathic Health Systems of Texas for office space located at 3514 East Berry Street at no cost; and 2. Approve the lease term of one-year beginning April 11, 2000 and expiring April 10, 2001, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. L-12766 There was presented Mayor and Council Communication No. L- Ground Lease 12766 from the City Manager recommending that the City Council with Monarch authorize the City Manager to execute an Unimproved Ground Development Lease with Mandatory Improvements with Monarch Development Corporation Corporation (Monarch) for approximately 128,000 square feet of unimproved land at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-17974 There was presented Mayor and Council Communication No. C- ANA 17974 from the City Manager recommending that the City Council Consultants, L. L. authorize the City Manager to execute Supplemental Agreement C. No. 1 with ANA Consultants, L.L.C. to provide additional design services for the Granbury/Wabash, Trail Lake intersection project for a lump sum fee of$34,000.00. It was the consensus of the City Council that the recommendation be adopted. C-17975 There was presented Mayor and Council Communication No. C- Carter & 17975 from the City Manager recommending that the City Council Burgess, Inc. authorize the City Manager to execute an engineering services agreement with Carter & Burgess, Inc. to prepare the plans and specifications for widening North Beach Street from Basswood Boulevard to Shiver Road for a lump sum fee of $349,700.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 11, 2000 PAGE 10 OF 16 C-17976 There was presented Mayor and Council Communication No. C- Ord. # 14166 17976 from the City Manager recommending that the City Council: Schrickel, Rollins and Associates, 1. Authorize the transfer of $55,127.00 from the Water and Inc. Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14166 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $55,127.00 from available funds for the purpose of funding an engineering agreement to Schrickel, Rollins and Associates, Inc. for Waterline Rehabilitation Contract, FM 157 — TxDOT Maintenance Program; and 3. Authorize the City Manager to execute a contract with Schrickel, Rollins and Associates, Inc. for a fee not to exceed $52,127.00 for Waterline Rehabilitation Contract, FM157 — 1999 TxDOT Maintenance Program. It was the consensus of the City Council that the recommendation be adopted. C-17977 There was presented Mayor and Council Communication No. C- Stocker 17977 from the City Manager recommending that the City Council Enterprises, Inc. authorize the City Manager to execute a contract with Stocker Enterprises, Inc. in the amount of $409,506.00 for Main C1C4B Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 2) Part 11, Unit 1. It was the consensus of the City Council that the recommendation be adopted. C-17978 There was presented Mayor and Council Communication No. C- Change Order 17978 from the City Manager recommending that the City Council No. 5 — CSC # authorize the City Manager to execute Change Order No. 5 to City 24226 — Danis Secretary Contract No. 24226 with Danis Environmental Environmental Industries, Inc. for the Eagle Mountain Water Treatment Plant, Industries, Inc. Phase II project in the amount of $89,782.00, revising the total contract cost to $22,674,438.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETI G FORT WORTH, TEXAS APRIL 11, 2000 PAGE 11 OF 16 C-17979 There was presented Mayor and Council Communication No. C- Change Order 17979 from the City Manager recommending that the City Council No. 4— CSC # authorize Change Order No. 4 in the amount of$352,950.10 to City 24414 — Jackson Secretary Contract No. 24414 with Jackson Construction, Inc. Construction, (formerly Larry H. Jackson Construction, Inc.) for Northside III Inc. Water Transmission Mains, revising the total to $2,524,713.61. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. C-17980 There was presented Mayor and Council Communication No. C- Change Order 17980 from the City Manager recommending that the City Council No. 1 to CSC # authorize the City Manager to execute Change Order No. 1 to City 25160 — Conatser Secretary Contract No. 25160 Main 390 Drainage Area Sanitary Construction, Sewer Rehabilitation and Improvements (Group 6, Contract 1) Part Inc. 7, Unit 4 with Conatser Construction, Inc. in the amount of $137,905.00 to provide for additional and increased pay item quantities, thereby increasing the contract amount to $780,601.00. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Public Hearing Council Member Davis made a motion, seconded by Council Continued until Member Haskin, that the Public Hearing for Appeal of the Order of end of agenda the Building Standards Commission Regarding 1900 Fifth Avenue, 1900 Fifth be delayed until end of the agenda. The motion carried Avenue unanimously. Zoning Hearing It appeared to the City Council that Resolution No. 2620 was adopted on March 21, 2000, setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896, and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on March 24, 2000. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 11, 2000 PAGE 12 OF 16 Z-00-007 Council Member Silcox made a motion, seconded by Council SP-00-001 Member Wentworth, that the application of Tyson Building Approved Corporation by H. Dennis Hopkins, for a change in zoning of property located in the 7200 Block of West Vickery Boulevard; from "FR" Restricted Commercial to "PD/SU" Planned Development/Specific Use for all uses in "FR" Restricted Commercial plus outside contractor's storage yard, Zoning Docket No. Z-00-007 and Site Plan No. SP-00-001, be approved. The motion carried unanimously. Z-00-026 Council Member Moss made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of City of Fort Worth Planning Department for a change in zoning of property located in the 3100 Block of Handley Drive from "B" Two-Family to "A" One- Family, Zoning Docket No. Z-00-026, be approved. The motion carried unanimously. Council Member Haskin expressed appreciation for the enhancements that Mr. Eddie Harrison and Ms. Lois McGregor had made to this property for the Fire Department. Z-00-028 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of Cook Children's Medical Center by Dunaway Associates, for a change in zoning of property located in the 1400 Block of Pruitt Street from "CF" Community Facilities to "G" Commercial, Zoning Docket No. Z-00-028, be approved. The motion carried unanimously. Z-00-031 Council Member Lane made a motion, seconded by Council Approved Member Silcox, that the application of Basic Capitol Management for a change in zoning of property located at SE 1-35W and SH170, NW Golden Triangle and Alta Vista from "I" Light Industrial, "OM" Office Midrise, "G" Commercial, "E" Commercial, "A" One-Family, "AG" Agricultural, and "AR" Residential to "AR" Residential, "I" Light Industrial, "C" Multi-Family, "E" Commercial, "CF" Community Facilities, and "A" One-Family, Zoning Docket No. Z- 00-031, be approved. The motion carried unanimously. Z-99-119 Council Member Wentworth made a motion, seconded by Council Withdrawn Member Davis, that the application of Franklin Capital Group by Without Dunaway Associates for a change in zoning of property located in Prejudice the 6900 Block of Jim Wright Freeway from "E" Commercial and "CR" Multi-Family to "A" One-Family and "CR" Multi-Family, Zoning Docket No. Z-99-119, be withdrawn without prejudice. The motion carried unanimously. CITY COUNCIL MEETI C FORT WORTH, TEXAS APRIL 11, 2000 PAGE 13 OF 16 Z-00-001 Council Member Wentworth made a motion, seconded by Mayor Denied Pro tempore McCloud, that the application of David Brown for a change in zoning of property located at 312 Crestwood Drive from "A" One-Family to "A/HC" One-Family Historic and Cultural Landmark Overlay, Zoning Docket No. Z-00-001, be denied. The motion carried unanimously. Z-00-016 Council Member Silcox made a motion, seconded by Council SP-00-008 Member Wentworth, that the application of Mira Vista Denied With Development Corporation for a change in zoning of property Prejudice located in the 6500 Block of Mira Vista Boulevard from "CF" Community Facilities to "PD/SU" Planned Development/Specific Use for general/professional office including real estates sales, private security offices, private club health or recreation club uses, private community/recreation center uses, country club uses, services and facilities, and accessory uses to the above, Zoning Docket No. Z-00-016 and Site Plan No. SP-00-008 for sales office, be denied with prejudice. The motion carried unanimously. Z-00-029 Council Member Haskin made a motion, seconded by Council SP-00-006 Member Davis, that the application of Beach/Tarrant Parkway, Ltd. Denied With by Dunaway Associates for a change in zoning of property located Prejudice in the 4500 Block of North Tarrant Parkway from "E" Commercial and "C" Multi-Family to "PD/SU" Planned Development with all uses in "E" Commercial plus minor automobile repair and garden center with outside display and storage, Zoning Docket No. Z-00- 029 and Site Plan No. SP-00-006, be denied without prejudice. There was a brief discussion among various Council Members after which Council Member Haskin amended her motion, seconded by Council Member Davis, that Zoning Docket No. Z-00- 029 and SP-00-006, be denied with prejudice. Mr. Jim Dunaway, 1501 Merrimac Circle Suite 100, appeared before Council and informed the Council of the applicant's intent to build on this location. Assistant Marcella Olson appeared and briefed Council regarding the differences of denying the case with or without prejudice. The motion carried unanimously. X` GIL, CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 11, 2000 PAGE 14 OF 16 There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 13896 Council Member Haskin made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 14167 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. Citizen Mr. Terry Wood, 6053 Walnut Drive, appeared before City Council Presentations regarding criminal use of Code Compliance Authority. Mr. Wood Terry Wood alleged that Code Compliance had mailed numerous mowing notices to property owners without prior inspection of the properties. Mr. Paul Bounds, Code Compliance Superintendent, provided rebuttal and briefed the Council on the procedures Code Compliance uses regarding mailing of mowing notices. He stated that mowing notices are mailed to property owners after inspection of the property revealed grass exceeding the 12-inch height limitation. Mayor Barr asked Mr. Wood to discuss his concerns with Mr. Bounds. CITY COUNCIL MEETI FORT WORTH, TEXAS APRIL 11, 2000 PAGE 15 OF 16 Charles Foster Mr. Charles Foster, 2313 Astor, and representing the Reform Party of Texas Tarrant County, appeared before Council regarding an incident that allegedly occurred on April 8, 2000 at Ridgmar Mall during the party's 2000 petition drive. Mayor Barr informed Mr. Foster that the City was not aware of the incident and asked him to speak with Libby Watson, Assistant City Manager. Ms. Sammy Madison, 3713 Linden Avenue, representing the Reform Party, requested Council assistance in resolving the issue presented by Mr. Foster. Public Hearing It appeared that the City Council set today as the date for a public 1900 Fifth hearing for the Appeal of the Order of the Building Standards Avenue Commission regarding 1900 Fifth Avenue. 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 1900 Fifth 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$63,000.00. W. O. Flowers Mr. W. O. Flowers, 5756 Monterrey Drive, appeared before Council and provided a brief history on the condition of subject property and stated that neighbors in the community could not tolerate the condition of the property any further. Council Member Davis stated that the interest of the neighbors was to have the house and property revitalized, not demolished. She added that there was a buyer interested in the property. There being no one else present desiring to be heard, Council Member Davis made a motion, seconded by Council Member Haskin, that the public hearing be closed and that the civil penalty be reduced to $30,000.00 as the fine should not exceed the home's value of $38,400.00; the City Law Department not file a lien on this property for 45 days to allow Mr. Martinez, the property owner, the opportunity to sell the home; and if it is not sold within 45 days, the liens would be accrued for the exact value of the property, plus any additional liens attached. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 11, 2000 PAGE 16 OF 16 Council Member Haskin requested that Marcia Wise, Assistant City Attorney, speak with Mr. Flowers to make sure that he understands the action taken by Council relative to this property. Adjournment There being no further business, the meeting was adjourned at 8:40 p.m. LLB, `CITY S CFA TARY MAYOR