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HomeMy WebLinkAbout2000/08/08-Minutes-City Council CITY COUNCIL MEETING AUGUST 8, 2000 Date & Time On the 8th day of August A.D., 2000, the City Council of the City of Fort Worth, Texas, met in regular session at 7:20 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; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by The Reverend I. Javier Loyo, Iglesia San Juan Apostol Episcopal Church. 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 August 1, 2000, were approved unanimously. Special Ms. Gleniece Robinson, Library Director, briefed the Presentations Council on the Summer Reading Program and stated that there had been a 46 percent participation increase this year. She thanked the Council for their continued support and recognized the efforts of the library staff on the success of the program. She introduced Ms. Geraldine Hunn, Children's Librarian, who introduced 28 children that earned Fort Worth Public Library Reading Club certificates. Council Members presented the certificates to the children from their district. Mayor Pro tempore McCloud presented a Certificate of Recognition to Mr. Willie Starr for his generous support and invaluable service on the Aviation Advisory Board. Announcements Council Member Moss asked Reverend Ralph Emerson, Minister of Rising Star Baptist Church, to brief the Council on a special event occurring at the church. Reverend Emerson stated that the church choir would record a CD of original music on Sunday evening and extended an invitation to each Council Member to attend the event. Withdrawn from City Manager Terrell requested that Mayor and Council Consent Agenda Communication Nos. L-12861, L-12863, and C-18177 be withdrawn from the consent agenda. CITY COUNCIL MEETI FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 2 of 25 Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda, as amended, was adopted unanimously. Ord. # 14286 Council Member Wentworth introduced Ordinance No. Budget Ordinance — 14286 on first reading setting forth an itemized estimate of First Reading of the the expense of conduction each department, division, and Appropriation Office of the Municipal Government of the City of Fort Ordinance for 2000- Worth for the ensuing Fiscal year beginning October 1, 2001 Fiscal Year 2000, and ending September 30, 2001, and appropriating money for the various funds and purposes of such fund requirement on all outstanding general indebtedness; providing for public hearing upon this ordinance before the entire City Council sitting as a Committee of the whole; and providing a savings clause for the repeal of all ordinances and appropriations in conflict with the provisions of this ordinance; and for publication and final passage thereof. Council Member Silcox seconded the motion, and it carried unanimously. Ordinance Levying City Manager Terrell introduced the proposed Ordinance Ad Valorem Taxes for levying Ad Valorem Taxes for 2000 based on the City 2000 FY Budget Manager's estimates. Res. # 2653 There was presented Resolution No. 2653 recommending Setting Public that the City Council adopt the resolution setting public Hearing for Proposed hearing on proposed taxes for 2000 tax increase and 2000 Tax Increase providing notice of such hearing. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. Res. # 2654 There was presented Resolution No. 2654 from the Approval of FY 2000- Dallas/Fort Worth International Airport Board 2001 Budget for recommending that the City Council approve the FY 2000- D/FW Airport 2001 budget for Dallas/Fort Worth International Airport. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C' IYCOUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 3 of 25 Resolution There was presented a resolution from the City Council Supporting a supporting a change in federal law requiring occasional Change in Federal sellers and private collectors to conduct instant Law Requiring background checks. Mayor Barr requested that City Background Checks Secretary Pearson read Council Proposal No. 213 at this Tabled time, as it was similar in nature to the resolution and to allow both items to be discussed at the same time. C.P. #213 There was presented Council Proposal No. 213 proposing Tabled lease restrictions for gunshows on City Facilities. Council Member Silcox made a motion, seconded by Council Member Wentworth to suspend the rules and limit discussion to 30 minutes for those in opposition and 30 minutes for those in support of these issues, and that the speakers be selected randomly. Council Member Davis suggested that the groups who were present on both sides of the issue be allowed to select their representatives to address the Council. Council Member Silcox amended his motion and Council Member Wentworth amended his second, to remove the random selection clause. The motion carried unanimously. Todd Bean The following citizens appeared before Council in R.J. Adcock opposition of the resolution and Council Proposal: Lynette Ames Al Foster Mr. Todd Bean Route 5, Box 522, Alvin, TX Ron Coleman Mr. R.J. Adcock 5700 Ledgestone Gary Little Ms. Lynette Ames 7015 Town Bluff, Dallas, TX David Reeder Mr. Al Foster 9617 Lea Shore David Hess Mr. Ron Coleman 920 Mountain Terrace, Hurst, TX Bill Ames Mr. Gary Little 3428 Woodbridge Dr., Forest Hill, TX Steven Bates Mr. David Reeder 401 W. Simmons, Weatherford, TX Mr. David Hess 2105 N. O'Connor, Irving, TX Yvette Ostolaza Mr. Bill Ames 7015 Town Bluff, Dallas, TX Mr. Steven Bates 5885 Westhaven Dr. Ms. Yvette Ostolaza 100 Crescent Court#300, Dallas, TX The following citizens appeared before Council in support of the resolution and Council Proposal: Ms. Nancy Stevens 4417 Norwich Drive Ms. Gwen Marlin 960 Roaring Springs Mr. Jeff Rodriguez 4901 Bryce Avenue #5 CITY COUNCIL MEETIN• FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 4 of 25 Ms. Kelly Johnson 1305 W. Magnolia, Suite C (Represented State Representative Lon Burnam) Ms. Debbie Gelmini 1200 Winston Drive, Euless, TX Ms. Jaquie Algee 770 Village Square Dr., Stone Mt., GA Ms. Eunice Givens 5500 Stafford Drive Mr. Wes Myers 1300 Summit Avenue (Represented Congressional Candidate Mark Greene) Ms. Tracie Gross 7505 Chapel Avenue Ms. Joyce Monroe 712 W. Belknap Ms. Vicki Bargas 301 E. Drew Following a discussion among Council Members relative to the opposition or support of these issues, Council Member Lane made a motion, seconded by Council Member Wentworth, that the resolution and Council Proposal be tabled until a more appropriate time. Mayor Barr stated that he had been advised by the City Attorney that these issues would remain tabled until such time that five members of the Council requested they be placed back on the Council agenda. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane; Silcox; Moss; Picht; and Wentworth NOES: Mayor Pro tempore McCloud; Council Members Haskin and Davis ABSENT: None The Council Meeting recessed at 9:40 p.m. and reconvened at 9:55 p.m. Citizen Presentations Mr. Edward Drew, 1901 Stephenson Street, appeared before Edward Drew City Council regarding Butler Housing Project/The New Sign. Donnell Ballard Mr. Donnell Ballard, 201 North Terry, appeared before City Council regarding Ripley Arnold — No Place to Call Home and expressed concern regarding relocation of the housing project to Alliance Airport. Barbara Holston, Executive Director of the Fort Worth Housing Authority, informed Council that there were no plans to relocate Ripley Arnold residents to Alliance Airport. APY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 5 of 25 OCS-1156 There was presented Mayor and Council Communication Claims No. OCS-1156 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. G-12979 There was presented Mayor and Council Communication Temporary Closure No. G-12979 from the City Manager recommending that the of Heritage Trace City Council authorize the temporary closure of Heritage Parkway Trace Parkway (formerly Park Glen Boulevard) between IH 1-35 and Old Denton Road from September 15, 2000, until December 15, 2000, in order to widen the east end of the existing intersection of Heritage Trace Parkway and Old Denton Road. 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 concerning a request for variance from distance regulations to allow sale of alcoholic beverages at Palermo's Italian Cafe at 1000 West Magnolia Avenue. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Bob Riley, Assistant Director of Planning and Resource Management, appeared before the City Council, gave a staff report and presented Mayor and Council No. G-12980, as follows: G-12980 There was presented Mayor and Council Communication Request for Variance, No. G-12980 from the City Manager recommending that the Palermo's Cafe City Council consider the request by Palermo's Italian Cafe for a variance from the City's prohibition against the sale of alcoholic beverages with 300 feet from a school. Council Member Wentworth inquired if anyone from Fort Worth Independent School District (FWISD) had been contacted relative to this request. Donald W. Scott Mr. Donald W. Scott, President of Fort Worth South, stated that he had contacted the school district and there was no objection to the variance. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 6 of 25 There being no one else present desiring to be heard, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing concerning the request by Palermo's Italian Cafe for a variance from the City's prohibition against the sale of alcoholic beverages within 300 feet from a school be closed and the recommendation adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Wentworth and Davis NOES: Council Member Silcox ABSENT: None G-12981 There was presented Mayor and Council Communication Change in Ownership No. G-12981 from the City Manager recommending that the of W.K.C., Inc. City Council approve a change in the majority ownership of W.K.C., Inc., the operator of New Orleans Nights Restaurant and Bar, located at 7101 Calmont, Fort Worth, Texas, in connection with the settlement agreement in W.K.C., Inc. v. Zoning Board of Adjustment, et al., Cause No. 141-140307- 92 and in accordance with the provisions of the settlement agreement. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-12982 There was presented Mayor and Council Communication Res. # 2655 No. G-12982 from the City Manager recommending that the Increase Legal Fees City Council adopt Resolution No. 2655 increasing from to Cantey & Hanger $250,000.00 to $300,000.00 the maximum amount authorized to be paid to Cantey & Hanger for legal services in a lawsuit entitled Pastusek Industries, Inc. v. City of Fort Worth, Sunbelt Industrial Development Corporation, Tarrant Appraisal District, June Garrison, Tax Accessor- Collector for Tarrant County, and the Fort Worth Independent School District, Cause No. 141-181289-99. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. ® C V COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 7 of 25 Council Member Haskin requested that Council be provided regular updates regarding increases in legal fees. City Attorney Yett stated he would keep Council informed. P-9156 There was presented Mayor and Council Communication Purchase Agreement No. P-9156 from the City Manager recommending that the for Janitorial City Council authorize: Supplies 1. A non-exclusive purchase agreement for janitorial supplies with the following vendors for the City of Fort Worth, based on low, responsive bids received with payments due 30 days after receipt of invoice with freight prepaid and allowed; and a) Brooms/Brushes/Mops Nationwide Paper Company, Inc. b) Cleaners/Degreasers Campbell Paper Company c) Drinking Cups Campbell Paper Company d) Floor Pads/Sponges Campbell Paper Company e) Insecticide Nationwide Paper Company, Inc. f) Paper Products Campbell Paper Company g)Soap Campbell Paper Company h)Waste Receptacles Nationwide Paper Company, Inc. i) Kimberly Clark/Scott Items Nationwide Paper Company, Inc. 2. This agreement to begin August 8, 2000, and expire on August 7, 2001, with three one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-9157 There was presented Mayor and Council Communication Purchase Agreement No. P-9157 from the City Manager recommending that the for Liquid Fertilizer City Council authorize: and Pump Injection System Services 1. A purchase agreement for liquid fertilizer and pump injection system services with Professional Turf Products for the Parks and Community Services Department, based on the sole bid received, with payments due within 30 days of the date of the invoice and freight prepaid and added to the invoice; and CITY COUNCIL MEETINP FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 8 of 25 2. This agreement to begin August 8, 2000, and end August 7, 2001, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9158 There was presented Mayor and Council Communication Reject All Bids for No. P-9158 from the City Manager recommending that the Epoxy Adhesive City Council: 1. Reject all bids for Epoxy Adhesive for Traffic Markers for the Transportation and Public Works Department. The bids received were non- responsive to the specifications and a limited number of responses were received; and 2. Authorize a re-bid for epoxy adhesive. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. L-12860 There was presented Mayor and Council Communication Acquisition of No. L-12860 from the City Manager recommending that the Permanent Waterline City Council approve the acquisition of one permanent Easement waterline easement described as A-878, R. Matany Survey, Denton County, Texas, from Roanoke Ranch and Investment Company, required for construction and extension of water service to the Creek of Beechwood Business Park, for $1.00. It was the consensus of the City Council that the recommendation be approved. L-12861 There was presented Mayor and Council Communication Authorize No. L-12861 from the City Manager recommending that the Conveyance of City Council: Property and Accept Avigation Easement 1. Authorize the City Manager to execute the appropriate deed conveying property described as a 1.150 acre tract of land in the Lorenzo D. Burnett Survey, Abstract No. 177, Tarrant County, Texas, out of a 22.869 acre tract of land described as Lot 3, Block 205, Area 2, Section 4 CentrePort, an addition to the City of Fort Worth, Texas, to CentrePort Joint Venture, Inc.; and AY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 9 of 25 2. Authorize the acceptance, filing and recording by the City of one avigation easement and release from CentrePort Joint Venture, Inc. covering the same property in favor of the Cities of Dallas and Fort Worth and the Dallas/Fort Worth Airport Board. City Manager Terrell stated that the Discussion portion of the M&C needed to be corrected to reflect the property being located in District 5 and not in District 4. Council Member Moss made a motion, seconded by Council Member Silcox, that the recommendation be adopted as amended. The motion carried unanimously. L-12862 There was presented Mayor and Council Communication Authorize Acquisition No. L-12862 from the City Manager recommending that the of Properties for City Council authorize the purchase of three properties Highway located near House Anderson Road and Mosier Valley Improvement Road and described as A22, TR2A, William Anderson Survey, from Troy Aller, Sr.; A678, TR4CC01, Kitty House Survey from Grant Nichols; and A678, TR 4R, Kitty House Survey from Allen Tucker, all located in Tarrant County, Texas, for highway improvement of Trinity Boulevard from Arlington-Bedford Road to FM157, 6002-50-08 (DOE 0279), for a total cost of $19,700.00. It was the consensus of the City Council that the recommendation be adopted. L-12863 There was presented Mayor and Council Communication Authorize Transfer of No. L-12863 from the City Manager recommending that the Dedication Deeds to City Council authorize the City Manager to transfer title to State of Texas ten properties through dedication deeds to the State of Texas for the Trinity Highway Expansion Project from Arlington-Bedford Road to FM157 (DOE 0279), for a total cost of $100.00. All properties are located in Tarrant County, Texas. City Manager Terrell stated that the Discussion portion of the M&C needed to be corrected to reflect the property being located in District 5 and not in District 4. Council Member Moss made a motion, seconded by Council Member Silcox, that the recommendation be adopted as amended. The motion carried unanimously. CITY COUNCIL MEETINP FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 10 of 25 L-12864 There was presented Mayor and Council Communication Authorize No. L-12864 from the City Manager recommending that the Condemnation of City Council declare the necessity of taking an interest in Parcel of Land Abstract 678, Kitty House Survey, Tarrant County, Texas, and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land required for the construction of Trinity Boulevard from west of Arlington-Bedford Road to FM157. Council Member Moss made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. L-12865 There was presented Mayor and Council Communication Acquisition of No. L-12865 from the City Manager recommending that the Permanent Water City Council approve the acquisition of one permanent Facilities Easement water facilities easement described as Lot K-A, Block 1, Santa Fe Industrial Addition, Tarrant County, Texas, from Fort Worth Independent School District, required for the construction and extension of service for Lubbock Road Elementary School (DOE 2892), for $1.00. Council Member Moss informed Council that his wife was a member of the FWISD Board, that he had filed a Conflict of Interest affidavit with the City Secretary, and stated that he would abstain from voting on this issue. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss CIPY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 11 of 25 PZ-2220 There was presented Mayor and Council Communication Ord. # 14287 No. PZ-2220 from the City Manager recommending that the Annexation of 11.385 City Council adopt Ordinance No. 14287 declaring certain Acres of Land out of findings; providing for the extension of certain boundary the Henry Robertson limits of the City of Fort Worth, providing for the Survey annexation of a certain 11.385 acres (0.018 square miles) of A-00-07 land, more or less, out of the Henry Robertson Survey, Abstract No. 1259, Tarrant County, Texas, 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 Haskin made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. PZ-2221 There was presented Mayor and Council Communication Ord. # 14288 No. PZ-2221 from the City Manager recommending that the Annexation of 75.695 City Council adopt Ordinance No. 14288 declaring certain Acres of Land out of findings; providing for the extension of certain boundary the E. Shultz Survey limits of the City of Fort Worth, providing for the and the D.C. Pace annexation of a certain 75.695 acres (0.118 square miles) of Survey land, more or less, out of the E. Shultz Survey, Abstract No. A-00-08 1439, and the D.C. Pace Survey, Abstract No. 1245, Tarrant County, Texas, 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 Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 12 of 25 PZ-2222 There was presented Mayor and Council Communication Ord. # 14289 No. PZ-2221 from the City Manager recommending that the Annexation of City Council adopt Ordinance No. 14289 declaring certain 282.650 Acres of findings; providing for the extension of certain boundary Land out of the P.L. limits of the City of Fort Worth, providing for the Cardwell Survey, the annexation of a certain 282.650 acres (0.442 square miles) Thomas Epps of land, more or less, out of the P.L. Cardwell Survey, Survey, and the J. Abstract No. 320, the Thomas Epps Survey, Abstract No. Short Survey 395 and the J. Short Survey, Abstract No. 1236, all of A-00-09 Denton County, Texas, 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 Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-18123 There was presented Mayor and Council Communication Community Facilities No. C-18123, dated July 11, 2000, from the City Manager Agreement - recommending that the City Council authorize the City Lumbermen's Manager to execute a Community Facilities Agreement with Investment Lumbermen's Investment Corporation, for the installation Corporation of community facilities to serve the Parks of Deer Creek Addition, Phase 1A. Council Member Picht made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Council Member Haskin expressed appreciation to Goodwin & Marshall for their cooperation. C-18175 There was presented Mayor and Council Communication Amend Grant No. C-18175 from the City Manager recommending that the Agreement with City Council authorize the City Manager to execute an TxDOT amendment to the agreement with the Texas Department of Transportation (TxDOT) increasing the amount of the reimbursement to the City of Fort Worth for alternative fuels program funding from $143,400.00 to $203,620.00. It was the consensus of the City Council that the recommendation be adopted. • CIPY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 13 of 25 C-18176 There was presented Mayor and Council Communication Davila Construction, No. C-18176 from the City Manager recommending that the Inc. City Council authorize the City Manager to execute a contract with Davila Construction, Inc. in the amount of $212,857.32 for construction of Dry Branch Creek Erosion Protection Measures (DOE 1839). It was the consensus of the City Council that the recommendation be adopted. C-18177 There was presented Mayor and Council Communication Ord. # 14290 No. C-18177 from the City Manager recommending that the Richard Carr City Council: Construction Company 1. Authorize the City Manager to transfer $537,920.11 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14290 increasing the estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $537,920.11 from available funds for the purpose of funding a contract with Richard Carr Construction Company for water line improvements (Unit 1), sanitary sewer improvements (Unit 11) and pavement reconstruction (Unit III) of Sylvania Avenue (N.E. 28th Street to Premier Street), Altaview Street (Kimbo to Chesser Boyer), Fairview Street (Kimbo to Chesser Boyer), Tom Ellen Street (Chesser Boyer to Fairview), Wesley Street (Kimbo to Chesser Boyer) and Chesser Boyer Street (Tom Ellen to Station 62+97 sanitary sewer line replacement only); and 3. Authorize the City Manager to execute a contract with Richard Carr Construction Company in the amount of $1,889,371.13 for water line improvements (Unit 1), sanitary sewer improvements (Unit 11) and pavement reconstruction (Unit III) of Sylvania Avenue (N.E. 28th Street to Premier Street), Altaview Street (Kimbo to Chesser Boyer), Fairview Street (Kimbo to Chesser Boyer), Tom Ellen Street (Chesser Boyer to Fairview), Wesley Street (Kimbo to Chesser Boyer) and Chesser Boyer Street (Tom Ellen to Station 62+97 sanitary sewer line replacement only). CITY COUNCIL MEETIN9 FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 14 of 25 City Manager Terrell stated that the M&C and ordinance needed to be amended to add "Premier Street (Fairview to Mesquite)" to the section where the street names were captioned. Council Member Lane made a motion, seconded by Council Member Wentworth, that the recommendation be adopted as amended. The motion carried unanimously. C-18178 There was presented Mayor and Council Communication Ord. # 14291 No. C-18178 from the City Manager recommending that the William J. Shultz, Inc. City Council: d/b/a Circle "C" Construction 1. Authorize the City Manager to transfer $1,846,713.22 Company & Jackson from the Water and Sewer Operating Fund to the Construction, Inc. Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14291 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $1,846,713.22 from available funds for the purpose of funding a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company for sanitary sewer main improvements to Units 1, 2 and 4 and award of a contract with Jackson Construction, Inc. for construction of Sanitary Sewer Mains M-321 and M- 423; and 3. Authorize the City Manager to execute a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the amount of $1,224,047.00(Units 1, 2, and 4) and a contract with Jackson Construction, Inc. in the amount of $454,783.22 (Unit 3) for a total amount of $1,678,830.22 for construction of the M-321 and M- 423 Sanitary Sewer Mains. It was the consensus of the City Council that the recommendation be adopted. C-18179 There was presented Mayor and Council Communication Ord. # 14292 No. C-18179 from the City Manager recommending that the M. E. Burns City Council: Construction, Inc. C COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 15 of 25 1. Authorize the City Manager to transfer $63,821.50 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14292 increasing the estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $63,821.50 from available funds for the purpose of funding a contract with M. E. Burns Construction, Inc. for Water Replacement Contract 98DD on Chicago Avenue, Emerson Street, Lois Street, Velma Street, and Timberline Drive; and 3. Authorize the City Manager to execute a contract with M. E. Burns Construction, Inc. in the amount of $341,152.10 and 45 working days for Water Replacement Contract 98DD on Chicago Avenue (Panola Avenue to Hawlet Street), Emerson Street (Miller Avenue to Edgewood Terrace), Lois Street (Pate Drive to Eastover Avenue), Velma Street (Dillard Street to Dead End), and Timberline Drive (Bendry Street to Trueland Drive). It was the consensus of the City Council that the recommendation be adopted. C-18180 There was presented Mayor and Council Communication Leigh Engineering, No. C-18180 from the City Manager recommending that the Inc. City Council authorize the City Manager to execute a right- of-way use agreement with Leigh Engineering, Inc. to allow them to conduct environmental sampling in the City's right- of-way on Rendon Road near the intersection of Rendon Bloodworth Road. It was the consensus of the City Council that the recommendation be adopted. C-18181 There was presented Mayor and Council Communication Community Facilities No. C-18181 from the City Manager recommending that the Agreement - Snikwah City Council authorize the City Manager to execute a L.P. Community Facilities Agreement with Snikwah L.P. for the installation of community facilities to serve the Willow Creek Addition, Blocks 19, 20, 21, 22, and 24. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETINP FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 16 of 25 C-18182 There was presented Mayor and Council Communication Accept Bid from No. C-18182 from the City Manager recommending that the North Texas Steel City Council: Company, Inc. 1. Accept the bid from the apparent low bidder; and 2. Authorize the Project Manager, Austin Commercial, Inc. to execute a construction contract with North Texas Steel Company, Inc. for the base bid, Alternates S6 and S7 (supply and erection of structural steel and decking) for the Fort Worth Convention Center in the amount of $5,218,870.00 and a duration of 240 calendar days; and 3. Authorize the payment of funds to Austin Commercial, Inc. for payment to the construction contractor under the contract, as work progresses. Council Member Davis expressed her appreciation for the selection of the North Texas Steel Company and made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-18183 There was presented Mayor and Council Communication Fort Worth I.S.D. No. C-18183 from the City Manager recommending that the City Council authorize the City Manager to enter into an agreement with the Fort Worth Independent School District (FWISD) to operate after-school programs at selected schools as a juvenile crime prevention measure. Terry K. Boggs Mr. Terry K. Boggs, 5105 Winesanker Way, appeared before Council in support of this program. Council Member Moss informed Council that his wife was a member of the FWISD Board, that he had filed a Conflict of Interest affidavit with the City Secretary, and stated that he would abstain from voting on this issue. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: COY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 17 of 25 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss Public Hearing It appeared that the City Council set today as the date for Annexation Case No. the first public hearing for the annexation of 40.000 acres A-00-10 — Charles of land out of the Charles Tydings Survey, Abstract No. Tydings Survey, 1276 and the J. Ivy Survey, Abstract No. 649, Denton Abstract No. 1276 County, Texas. Mayor Barr asked if there was anyone and the J. Ivy Survey, present desiring to be heard. Abstract No. 649 Mr. Kevin Lasher, representing Development, appeared before the City Council, presented a staff report and advised Council that staff should be directed to publish notice setting August 22, 2000, as the second hearing. There being no one else present desiring to be heard in connection with the first public hearing for the annexation of 40.000 acres of land out of the Charles Tydings Survey, Abstract No. 1276 and the J. Ivy Survey, Abstract No. 649, Denton County, Texas, Council Member Picht made a motion, seconded by Council Member Moss, that the first public hearing be closed, and that the second public hearing be set for August 22, 2000. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for Annexation Case No. the first public hearing for the annexation of 2.662 acres of A-00-11 — James land out of the James Eads Survey, Abstract No. 410, Eads Survey, Denton County, Texas. Mayor Barr asked if there was Abstract No. 410 anyone present desiring to be heard. Mr. Kevin Lasher, representing Development, appeared before the City Council, presented a staff report and advised Council that staff should be directed to publish notice setting August 22, 2000, as the second hearing. CITY COUNCIL MEETINP FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 18 of 25 There being no one else present desiring to be heard in connection with the first public hearing for the annexation of 2.662 acres of land out of the James Eads Survey, Abstract No. 410, Denton County, Texas, Council Member Lane made a motion, seconded by Council Member Silcox, that the first public hearing be closed, and that the second public hearing be set for August 22, 2000. The motion carried unanimously. Budget Hearing It appeared to the City Council that they set today as the date for the hearing in connection with the proposed budget for 2000-2001 fiscal year to give every interested person or citizen opportunity to be heard. Mayor Barr stated that the hearing would remain open until the budget is approved. It appeared that the City Council, at its meeting of July 18, 2000, continued the hearing of the Zoning Docket No. Z-00- 048, Text Amendment amending the Comprehensive Zoning Ordinance No. 13896. Mayor Barr asked if there was anyone present desiring to be heard. Z-00-048 Council Member Davis made a motion, seconded by Continued for Two Council Member Wentworth, that an ordinance amending Weeks 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 (1986), as amended, to provide that retail stores with a footprint exceeding 100,000 square feet in proximity to one- family or two-family residential property are permitted only in a planned development district; amending Section 4.305(C), "Specified Commercial Uses Permitted in `PD' District Only", and Section 4.803, "Nonresidential District Use Table", Zoning Docket Z-00-048, be continued for two weeks. The motion carried unanimously. Z-00-043 It appeared that the City Council at its meeting of July 11, Approved 2000, continued the hearing of the application of Gladney Center, Inc. by Carter & Burgess, Inc., for a change in zoning of property located in the 6200 Block of John Ryan Drive from "G" Commercial to "CF" Community Facilities, Zoning Docket No. Z-00-043. Mayor Barr asked if there was anyone present desiring to be heard. 0 CIO,Y COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 19 of 25 Mayor Pro tempore McCloud made a motion, seconded by Council Member Wentworth, that the application of Gladney Center, Inc. by Carter & Burgess, Inc., for a change in zoning of property located in the 6200 Block of John Ryan Drive from "G" Commercial to "CF" Community Facilities, Zoning Docket No. Z-00-043, be approved. The motion carried unanimously. Z-00-070 It appeared that the City Council at its meeting of August 1, Approved 2000, continued the hearing of Lumbermen's Investment by Goodwin & Marshall, for a change in zoning of property located in the 4400 Block of Risinger Road from "A" One- Family to "CF" Community Facilities, Zoning Docket No. Z- 00-070. Mayor Barr asked if there was anyone present desiring to be heard. Council Member Picht made a motion, seconded by Council Member Silcox, that the application of Lumbermen's Investment by Goodwin & Marshall, for a change in zoning of property located in the 4400 Block of Risinger Road from "A" One-Family to "CF" Community Facilities, Zoning Docket No. Z-00-070, be approved. The motion carried unanimously. Zoning Hearing It appeared to the City Council that Resolution No. 2649 was adopted on July 18, 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 July 21, 2000. Mayor Barr asked if there was anyone present desiring to be heard. Z-00-047 Council Member Davis requested Mr. Jackson Wilson, SP-00-009 agent for All Right Parking, provide information relative to Continued Until various areas on the site plan that were not reflected or in September 12, 2000 compliance with the zoning ordinance. Mr. Wilson addressed Ms. Davis' concerns and stated he would provide a revised copy of the site plan that was approved by the Zoning Commission. Council Member Davis stated that she could not support this request at this time as more information was needed regarding the property around the duplex. CITY COUNCIL MEETINIP FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 20 of 25 Council Member Davis made a motion, seconded by Council Member Silcox, that the application of All Right Parking by Jackson Wilson, for a change in zoning of property located at 1701 and 1709 May Street from "B" Two-Family to "PD/SU" Planned Development/Specific Use for commercial parking lot, and Site Plan No. SP-00-009, be continued until September 12, 2000. The motion carried unanimously. Z-00-055 Council Member Moss made a motion, seconded by Approved Council Member Silcox, that the application of Richard L. Poteet, for a change in zoning of property located at 3121 and 3125 Halbert Street from "E" Commercial to "PD/E" Planned Development for all uses in "E" Commercial plus plumbing contractor warehouse with additional conditions and waiver of site plan recommended, Zoning Docket No. Z-00-055, be approved. Council Member Haskin stated that this property is part of the Historic Handley area and suggested that there not be paving of the parking lot from west of the garage. Council Member Moss modified his motion, seconded by Mayor Pro tempore McCloud, that the application of Richard L. Poteet, for a change in zoning of property located at 3121 and 3125 Halbert Street from "E" Commercial to "PD/E" Planned Development for all uses in "E" Commercial plus plumbing contractor warehouse with additional conditions, no paving of the parking lot west of the garage, and waiver of site plan recommended, Zoning Docket No. Z-00-055, be approved. The motion carried unanimously. Z-00-072 Mayor Barr stated that he had received a letter from, Mr. Delayed Until Brad Hudgins, the applicant's representative to continue October 3, 2000 this case until October 3, 2000. Council Member Wentworth requested that Mr. John Garfield, representing the Development Department, confirm Mr. Hudgins' request. Mr. Garfield stated that Mr. Hudgins had the permission of the property owner to request continuance of the zoning case. ® G1SY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 21 of 25 Council Member Lane made a motion, seconded by Council Member Haskin, that the application of Margaret Schluter by Dunaway Associates, Inc., for a change in zoning of property located in the 13800 Block of Proposed North Beach Street from Unzoned to "A" One-Family, Zoning Docket No. Z-00-072, be delayed until October 3, 2000. The motion carried unanimously. Z-00-077 Council Member Picht inquired if the requested zoning Approved precluded the property being used for car sales. Mr. Garfield stated that the zoning request was for car rental not car sales. Mayor Barr stated that he had received a letter from Mr. Joe Dietrich objecting to the zoning change. Council Member Picht made a motion, seconded by Council Member Lane, that the application of William T. Ellis, for a change in zoning of property located at 6200A McCart Avenue from "E" Commercial to "PD/E" Planned Development for all uses in "E" Commercial plus car rental storage and waiver of site plan recommended, Zoning Docket No. Z-00-077, be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane; Silcox, Moss, Picht, and Wentworth NOES: Council Members Haskin and Davis ABSENT: None Z-00-081 Council Member Davis stated that residents of the Worth SP-00-015 Heights Neighborhood Association had expressed Approved concerns with security on this property. Mr. Stephen Barnes, representing Abres ll, Ltd., stated that the developer was committed to providing a residence to either a Fort Worth Police Officer or courtesy patrol officer at no cost, in return for providing courtesy patrol at this location for several hours a night. He added that they do not provide security, but courtesy patrols. However, it is their preference to work with the Fort Worth Police Department to have a police officer live on-site for the CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 22 of 25 purpose of providing courtesy patrol. If this is not possible, they would work with the Police Department to have police officers present on site at certain hours. Mr. Garfield recommended that rather than amending the site plan that the actual zoning ordinance be amended to provide a residential unit for security purposes. Council Member Davis made a motion, seconded by Council Member Wentworth, that the application of Town Mail, Ltd. by Abres ll, Ltd., for a change in zoning of property located in the N.E. Corner of 400 Block of West Bolt to Seminary, from "K" Heavy Industrial and "F" Commercial to "PD/SU" Planned Development/Specific Use for mixed use residential and commercial with additional conditions, to include the requirement that the owner/developer of the property provide a residential unit rent free to either a Fort Worth Police Officer or courtesy patrol person, Zoning Docket No. Z-00-081 and Site Plan No. SP-00-015, be approved. The motion carried unanimously. Z-00-084 Council Member Davis made a motion, seconded by Mayor Approved Pro tempore McCloud, that the application of Cotton Depot, LLC by Phillip Poole, for a change in zoning of property located at 701 East 5th Street (700 East 4th Street), from "H/DD" Business/Demolition Delay to "H/HSE" Business/Highly Significant Endangered (see Z-00-048 for recommendation of denial of request for removal of "DD" Demolition Delay for remainder to property), Zoning Docket No. Z-00-084, be approved. Phillip Poole Mr. Phillip Poole, 3637 Watonga, provided Council with background information relative to this zoning request. The motion carried unanimously. Council Member Davis requested that denied portion of Zoning Docket No. Z-00-084 also be presented at this time. Z-00-084 Council Member Davis made a motion, seconded by Denied Council Member Silcox, that the application of Cotton Depot, LLC by Phillip Poole, for a change in zoning of property located at 701 East 5th Street (700 East 4th Street), from "H/DD" Business/Demolition Delay to "H" Business, CI,"Y COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 23 of 25 Zoning Docket No. Z-00-084, be denied. The motion carried unanimously. Z-00-085 Mayor Barr stated that he had received a request from the SP-00-016 developer that this case be delayed until September 12, Delayed Until 2000. September 12, 2000 Council Member Haskin made a motion, seconded by Council Member Wentworth, that the application of Hillwood Development Company by Quine & Associates for a change in zoning of property located in the 5600 Block of Basswood Boulevard from "C" Multi-Family to "PD/SU" Planned Development/Specific Use for mini warehouse with dwelling unit with monument sign not to exceed 80 square feet, Zoning Docket No. Z-00-085 and Site Plan No. SP-00-016, be delayed until September 12, 2000. The motion carried unanimously. Z-00-086 Mayor Pro tempore McCloud made a motion, seconded by Approved Council Member Davis, that the application of Fort Worth Scottish Rite by Fort Worth Area Habitat for Humanity, for a change in zoning of property located in the 2300 McCurdy Street from "I" Light Industrial to "A" One-Family, Zoning Docket No. Z-00-086, be approved. The motion carried unanimously. Z-00-087 Mayor Pro tempore McCloud made a motion, seconded by Approved Council Member Davis, that the application of Fort Worth Area Habitat for Humanity for a change in zoning of property located at 1233 South Tucker from "E" Commercial to "A" One-Family, Zoning Docket No. Z-00- 087, be approved. The motion carried unanimously. SP-00-017 Mr. Lynn Sale, 100 E. Weatherford St., informed Council Approved that the building would be a two-story addition with the first floor to be used as a vehicle maintenance area and office area, and the second floor would be used as storage. He added that there would be no exterior storage of vehicles. Council Member Haskin made a motion, seconded by Council Member Davis, that the application of Lynn Sale for a site plan at 2650 Premier Street for addition to detention center complex, Site Plan No. SP-00-017, (See Z-99-022), be approved. The motion carried unanimously. CITY COUNCIL MEETIN1 FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 24 of 25 Z-00-067 Council Member Lane made a motion, seconded by Council SP-00-012 Member Silcox, that the application of Jay's Salvage Denied With Company by H. Dennis Hopkins, for a change in zoning of Prejudice property located at 500 North Commerce Street, from "J" Medium Industrial to "PD" Planned Development for all uses in "J" Medium Industrial plus salvage transfer facility, Zoning Docket No. Z-00-067 and Site Plan No. SP-00-012, be denied with prejudice. 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 Lane made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 14293 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. �Y COUNCIL MEETING FORT WORTH, TEXAS AUGUST 8, 2000 PAGE 25 of 25 Citizen Presentations Mr. Alton Wilkerson, 2305 Farrell Lane, appeared before Alton Wilkerson Council and expressed concerns regarding the traffic congestion and litter at the MLK Center on weekends. Mayor Barr directed City Manager Terrell to have staff investigate Mr. Wilkerson's concerns and provide a report to Council at a future meeting. Chip Diano Mr. Chip Diano, 554 S. Summit Avenue #814, appeared before the Council regarding ADA enforcement issues. Adjournment There being no further business, the meeting was adjo ned at 11:05 p.m. CITY SE ETARY MAYOR