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HomeMy WebLinkAbout1999/01/19-Minutes-City Council CITY COUNCIL MEETING JANUARY 19, 1999 Date & Time On the 19th day of January, A.D., 1999, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:35 a.m., in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Jim Lane; Council Members Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, Ralph McCloud and Cathy Hirt; 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 Father Warren Murphy, St. Andrews Catholic Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore Lane, seconded by Council Member Haskin, the minutes of the regular meeting of January 12, 1999 were approved unanimously. Special Presentations/ Mayor Barr presented Chancellor Michael R. Introductions Ferrari, Athletic Director Eric Hyman, and Coach Dennis Franchione with a Proclamation for TCU's Norwest Sun Bowl Victory. Council Member Hirt presented a Proclamation for Barber's Book Store to Mr. and Mrs. Bryon Perkins. Announcements Council Member Picht announced that the Annual Southwestern Exposition and Livestock Show would begin on Friday, January 22, 1999, with the parade being held Saturday, January 23, 1999. CITY COUNCIL MEETITI G FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 2 of 17 Mayor Barr announced the City of Fort Worth did not receive the Enterprise Zone Designation. However, it was an outstanding application put together by Planning Director, Fernando Costa, the citizens and members of the business community. Withdrawn from Council Member Hirt requested that Mayor and Consent Agenda Council Communication No. C-17227 be withdrawn from the consent agenda and that it be continued for two weeks. Continued/Withdrawn City Manager Terrell requested that Mayor and Council Communication No. G-12445 be withdrawn from the agenda, and that Mayor and Council Communication No. C-17227 be continued for two weeks. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Hirt advised Council that at the request of the Citizen's Advisory Committee through the Governmental Relations Committee that Mr. C.L. (Les) Neumann and Mr. Don Little be appointed to the Citizen's Advisory Committee, to replace Mr. Carl Wilson, deceased, and Mr. Kelly Thompson, who resigned. The CAC holds the responsibility of reviewing the Water and Wastewater Land Use Assumptions and Capital Improvements Plan. The motion was seconded by Council Member Silcox, and carried unanimously. City Council Council Member Silcox gave a brief report on the Committees presentation made by Doug Rademaker at the Facilities and Infrastructure Committee meeting held last week regarding the availability of concrete. He advised Council that an Informal Report CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 3 of 17 regarding this matter would be forthcoming to the entire City Council. Council Member Haskin also stated that information relative to the bidding process should be included in the Informal Report. OCS-1032 There was presented Mayor and Council Claims Communication No. OCS-1032 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-1033 There was presented Mayor and Council Res. # 2484 Communication No. OCS-1033 from the Office of Zoning Hearing the City Secretary recommending that the City Council adopt Resolution No. 2484 setting regular Zoning Hearing for February 9, 1999. On motion of Mayor Pro tempore Lane, seconded by Council Member Silcox, the motion carried unanimously. G-12431 There was presented Mayor and Council Revision to the 1999 Communication No. G-12431 from the City Manager State Legislative recommending that the City Council: Program; Adoption of TML Legislative 1. Revise the 1999 State Legislative Program and Program as Part of the adopt as part of the City of Fort Worth's State City's Program Legislative Program, the Texas Municipal League Legislative Program as amended; and 2. Authorize and direct the City Manager to distribute copies of the City's State Legislative Program as revised to members of the Texas Legislature, to other cities, and to other interested individuals; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 4 of 17 3. Authorize and direct appropriate City officials to send letters of support or to meet with state officials to discuss the City's position on certain pieces of legislation as outlined in the revised program. Mayor Pro tempore Lane advised Council that he did not support Items 5 and 6, nor did he support TML on their position of Items 17, 18, and 19. Council Member Haskin made a motion seconded by Council Member Hirt, that Mayor and Council Communication No. G-12431 be approved. The motion carried by the following vote: AYES: Mayor Barr, Council Members Silcox, Haskin, Moss, Wentworth, and Hirt NOES: Mayor Pro tempore Lane; Council Members Picht and McCloud ABSENT: None G-12436 There was presented Mayor and Council Appointments to Communication No. G-12436 from the City Manager City's Construction recommending that the City Council authorize the and Fire Prevention City Manager to appoint Fred M. Parker to Place 2; Board of Appeals Frank M. Janezic, P.E. to Place 4; Richard E. Hopwood to Place 6; and Daniel F. Dacy, Jr. to Place 8 on the City's Construction and Fire Prevention Board of Appeals. It was the consensus of the City Council that the recommendation be adopted. CT11 Y COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 5 of 17 G-12437 There was presented Mayor and Council Authorization to Communication No. G-12437 from the City Manager Increase Maximum recommending that the City Council authorize the Amount to be Paid to maximum amount to be paid to Bettye Springer of Bettye Springer of the law firm of Haynes and Boone to represent City Haynes and Boone Manager Bob Terrell in the lawsuit of Johnathan Hamon and Dana Canen, individually and on behalf of all others similarly situated v. City of Fort Worth, Texas; Firefighters' and Police Officers' Civil Service Commission of the City of Fort Worth, Texas; Thomas Windham as Chief of Police of the City of Fort Worth, Texas; and Bob Terrell, as City Manager of the City of Fort Worth, Texas; Cause No. 141-169278-97, be increased to $100,000.00. It was the consensus of the City Council that the recommendation be adopted. G-12438 There was presented Mayor and Council Tarrant Appraisal Communication No. G-12438 from the City Manager District Payments recommending that the City Council authorize for January through payment in an amount not to exceed $940,023.00 for September, 1999 the City of Fort Worth's assessed allocation of the Tarrant Appraisal District's (TAD) 1999 budget for the months of January through September, 1999. It was the consensus of the City Council that the recommendation be adopted. G-12439 There was presented Mayor and Council Closure of Burnett- Communication No. G-12439 from the City Manager Tandy Drive During recommending that the City Council approve closure the Southwestern of Burnett-Tandy Drive from Harley Street to Gendy Exposition and Street during the Southwestern Exposition and Livestock Show for Livestock Show for the years 1999 through 2005. It 1999-2005 was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 6 of 17 G-12440 There was presented Mayor and Council Temporary Street Communication No. G-12440 from the City Manager Closure During the recommending that the City Council approve the MasterCard Colonial request of Colonial Country Club to temporarily Golf Tournament for close the 3700 block of Country Club Circle, the 1999-2002 3700, 3800 and 3900 blocks of Mockingbird Lane, and Cantey Street between Highview Terrace West and the T.C.U. parking lot during the period of the MasterCard Colonial Golf Tournament, generally the seven days of the third week in May during the years 1999 through 2002. It was the consensus of the City Council that the recommendation be adopted. G-12441 There was presented Mayor and Council Temporary Closure of Communication No. G-12441 from the City Manager Terminal Road from recommending that the City Council approve the Schwartz Street to closure of Terminal Road from Schwartz Street to Lebow Lebow Street for the period of January 19, 1999, through April 16, 1999, to build a box culvert. It was the consensus of the City Council that the recommendation be adopted. G-12442 There was presented Mayor and Council Semi-Annual Impact Communication No. G-12442 from the City Manager Fees Progress Report recommending that the City Council adopt the of the Water and Citizen Advisory Committee's Semi-Annual Wastewater Capital Progress Report concerning the status of the Water Improvements Plan and Wastewater Impact Fees. It was the consensus of the City Council that the recommendation be adopted. G-12443 There was presented Mayor and Council Ord. # 13685 Communication No. G-12443 from the City Manager Application for an recommending that the City Council: Institute of Museum and Library Services 1. Authorize the City Manager to apply for, and Grant for Nature accept, if awarded, a grant in the amount of up to Center $112,500.00 from the Institute of Museum and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 7 of 17 Library Services (IMLS) for the purpose of providing general operating support for the Fort Worth Nature Center and Refuge; and 2. Adopt Appropriation Ordinance No. 13685 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $112,500.00 subject to the receipt of the grant from the Institute of Museum and Library Services for the purpose of funding the general operation support for the Fort Worth Nature Center and Refuge; and 3. Waive the 25.52 percent indirect cost rate, which represents the currently approved rate. It was the consensus of the City Council that the recommendation be adopted. G-12444 There was presented Mayor and Council Res. # 2485 Communication No. G-12444 from the City Manager Ord. # 13686 recommending that the City Council: Authorize Grant Application to Texas 1. Adopt Resolution No. 2485 authorizing the City Parks & Wildlife Manager to submit an application for and accept, Department for if awarded, a grant from the Texas Parks and Development of Wildlife Department for Southwest Community Southwest Community Park in the amount of$500,000.00; and Park 2. Authorize the transfer of $500,000.00 from the Parks and Recreation Improvements Fund to the Grants Fund for the City's 50 percent match upon notification of award; and 3. Adopt Appropriation Ordinance No. 13686 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $1,000,000.00 from available funds, subject to CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 8 of 17 the grant award, for the purpose of funding the development of the Southwest Community Park through a grant from the Texas Parks and Wildlife Department. It was the consensus of the City Council that the recommendation be adopted. G-12445 It was the consensus of the City Council that Mayor Withdrawn and Council Communication No. G-12445, Supplemental Appropriation Ordinance for FY 1998-99 for Rollover Encumbrances, Designated Expenditures, be withdrawn from the agenda. G-12446 There was presented Mayor and Council Request for an Communication No. G-12446 from the City Manager Extension of Injury recommending that the City Council deny Police Leave-of-Absence Pay Officer Paul S. Araujo's request for an extension of for Police Officer injury leave-of-absence pay benefits. On motion of Paul S. Araujo Mayor Pro tempore Lane, seconded by Council Member Picht, the recommendation was adopted unanimously. G-12447 There was presented Mayor and Council MT-98-010 Master Communication No. G-12447 from the City Manager Thoroughfare Plan recommending that the City Council adopt the Amendment: West proposed amendment MT-98-010, to the Master Cleburne Road and Thoroughfare Plan, to change the alignment of West Stewart Feltz Road Cleburne Road and Stewart Feltz Road from east of Hulen Street to west of the Southwest Parkway. On motion of Council Member Picht„ seconded by Council Member Haskin, the recommendation was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 9 of 17 G-12448 There was presented Mayor and Council MT-98-006 Master Communication No. G-12448 from the City Manager Thoroughfare Plan recommending that the City Council adopt the Amendment: proposed amendment MT-98-006, to the Master Longhorn Drive Thoroughfare Plan, to change the alignment of Realignment; Longhorn Drive; reclassify Bob Hanger Road from a Reclassification of principal arterial road to a minor arterial road; and Bob Hanger Road; reclassify two unnamed minor arterials (on either and Reclassification of side of Bob Hanger Road) to collector streets. On Two Unnamed Minor motion of Council Member Wentworth, seconded by Arterials to Collector Council Member Silcox, the recommendation was Streets adopted unanimously. G-12449 There was presented Mayor and Council MT-98-005 Master Communication No. G-12449 from the City Manager Thoroughfare Plan recommending that the City Council adopt the Amendment: Delete proposed amendment, MT-98-005, to the Master Unnamed Minor Thoroughfare Plan, to delete the unnamed minor Arterial Road between arterial road between Cromwell-Marine Creek Road Cromwell-Marine and the future Western Center Boulevard. On Creek Road and motion of Council Member Wentworth, seconded by Future Western Council Member McCloud, the recommendation was Center Boulevard adopted unanimously. Public Hearing It appeared to City Council that they set today as the date for a public hearing regarding adoption of appropriation ordinances, and authorization of Grant Application to Texas Parks and Wildlife Department for Boat Ramp Improvements at Casino Beach Park. Mr. Richard Zavala, Director of the Parks and Community Services Department, appeared before the City Council and gave a staff report and called attention of the City Council to Mayor and Council Communication No. G-12450, as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 10 of 17 G-12450 There was presented Mayor and Council Res. # 2486 Communication No. G-12450 from the City Manager Ord. # 13687 recommending that the City Council: Ord. # 13688 Authorization of 1. Conduct a public hearing concerning boat ramp Grant Application to improvements at Casino Beach Park; and Texas Parks and Wildlife Dept. for Boat 2. Adopt Resolution No. 2486 authorizing the City Ramp Improvements Manager to submit an application for and accept, at Casino Beach Park if awarded, a grant from the Texas Parks and Wildlife Department for boat ramp improvements at Casino Beach Park in the amount of$200,000.00; and 3. Adopt Appropriation Ordinance No. 13687 increasing the estimated receipts and appropriations in the Lake Worth Trust Fund in the amount of $66,666.00 from available funds subject to the Grant Award, for the purpose of funding boat ramp improvements at Casino Beach Park; and 4. Authorize the transfer of $66,666.00 from the Lake Worth Trust Fund to the Grants Fund for the City's match; and 5. Adopt Appropriation Ordinance No. 13688 increasing the estimated receipts and appropriations in the Grant Fund in the amount of$266,666.00 from available funds subject to the Grant Award, for the purpose of funding boat ramp improvements at Casino Beach Park through a grant from the Texas Parks and Wildlife Department. On motion of Council Member Wentworth, seconded by Council Member McCloud, the recommendation was adopted unanimously. CIS'` COUNCIL MEETING FORT WORTH,TEXAS JANUARY 19, 1999 PAGE 11 of 17 P-8766 There was presented Mayor and Council Purchase Agreement Communication No. P-8766 from the City Manager with Tape Distributors recommending that the City Council authorize: of Texas to Provide Blank Video Tapes for 1. A purchase agreement to provide blank video City Cable Office tapes for the City Cable Office with Tape Distributors of Texas, based on the total low bid of unit prices meeting specifications, with payment terms net 30 days, f.o.b. destination, freight no charge as follows; and A.%" 30 minutes $ 9.12 each B. 120 minutes $ 4.64 each C. 30 minutes $ 10.95 each D. 60 minutes $ 18.75 each E. 120 minutes $ 1.25 each 2. This agreement to begin January 12, 1999, and expire on January 11, 2000, with options to renew for two additional one-year periods. On motion of Council Member Haskin, seconded by Council Member Silcox, the recommendation was adopted unanimously. P-8772 There was presented Mayor and Council Purchase Agreement Communication No. P-8772 from the City Manager with MAPSCO Inc. to recommending that the City Council authorize: Furnish MAPSCO Street Guides for 1. A purchase agreement with MAPSCO Finance Department Incorporated, the sole source supplier, for Dallas and Fort Worth street guides for the Finance Department at the unit price of $22.37 each with payment terms net 30 f.o.b. destination and freight no charge; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 12 of 17 2. This agreement to begin January 19, 1999, and expire on December 1, 1999. It was the consensus of the City Council that the recommendation be adopted. P-8773 There was presented Mayor and Council Purchase of a C.P. Communication No. P-8773 from the City Manager Bourg Collator recommending that the City Council authorize the from A.B. Dick purchase of a C.P. Bourg collator for the Company for the Reprographics Division from A.B. Dick Company Office Service Fund, based on the low bid meeting specifications not to Reprographics Div. exceed $92,888.00, with payment terms net upon receipt of invoice, f.o.b. destination, freight included in price of goods. It was the consensus of the City Council that the recommendation be adopted. L-12420 There was presented Mayor and Council Ratification of Communication No. L-12420 from the City Manager Centreport Joint recommending that the City Council authorize the Venture, Inc.'s City Manager to execute the appropriate documents Conveyance of a ratifying the conveyance of a drainage and grading Drainage and Grading easement and a land use restriction in accordance Easement and with the City's contract with Centreport Joint Execution of Land Use Venture, Inc. It was the consensus of the City Restriction Council that the recommendation be adopted. L-12421 There was presented Mayor and Council Authorization for Communication No. L-12421 from the City Manager Acceptance of recommending that the City Council accept three General Warranty General Warranty Deeds described as Lot 1, Block Deeds Dedicating 22, River Trails Addition Phase III, from River Land for Future Parks Trails Land & Cattle, Inc.; Lot 22, Block 121, Park Glen Addition, from Sheffield Development Company, Inc.; and Lot 7, Block 23, Remington Point Addition, from MHI Partnership, Ltd., dedicating land to the City for future parks for a C1W COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 13 of 17 total cost of$30.00 ($10.00 for each property). It was the consensus of the City Council that the recommendation be adopted. L-12422 There was presented Mayor and Council Acquisition of Communication No. L-12422 from the City Manager Individual Avigation recommending that the City Council: Easements for DFW Airport Expansion 1. Authorize the acquisition of three individual Project avigation easements for residential properties in Irving, Texas, described as Lot 23, Block 4, Revised Plat of the First Installment of Northwest Park Addition (3926 Wind River Court), from Belinda Sue Hewitt-Massey, for a total payment of $17,500.00; and Lot 4R, Block E, Pioneer Valley Estates No. 6 ( 4015 Hackmore Loop), from James D. and Janet L. Manfull, for a total payment of$40,000.00. 2. Find that the prices offered by D/FW Airport are just compensation; and 3. Authorize the acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-12423 There was presented Mayor and Council Acquisition of Communication No. L-12423 from the City Manager Residential Property recommending that the City Council: for DFW Airport Expansion Project 1. Authorize the acquisition of a single-family residential property described as Part of Lots 13 and 14, Block A, Greenview Hills Annex Addition (5123 Justin Drive), in the City of Irving, from Michael G. Walter, for the D/FW Airport expansion project; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 14 of 17 2. Find that the price offered in the amount of $84,000.00 is just compensation; and 3. Authorize the acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. C-17226 There was presented Mayor and Council Baptist Foundation of Communication No. C-17226 from the City Manager Texas recommending that the City Council authorize the City Manager to execute a community facilities agreement with the Baptist Foundation of Texas. It was the consensus of the City Council that the recommendation be adopted. C-17227 Continued for It was the consensus of the City Council that Mayor Two Weeks and Council Communication No. C-17227, Engineering Services Agreement with the Goodman Corporation to Perform Phase I — Conceptual Urban Design for Corridor Streetscape Improvements to Berry Street from University Drive to Evans Avenue, be continued for two weeks. C-17228 There was presented Mayor and Council Austin Commercial Communication No. C-17228 from the City Manager recommending that the City Council authorize the City Manager to execute a professional services agreement with Austin Commercial for program management services for the renovation of the Fort Worth Convention Center in an amount not to exceed $697,500.00. Mayor Pro tempore Lane made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. C-17228 be approved, as amended, by adding the following language after the C I i COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 15 of 17 money amount in the recommendation: "and within this agreement Austin Commercial recognizes the need to provide subconsulting opportunities to Fort Worth firms as outlined in the M&C with the addition of Thomas S. Byrne as a subconsulting party". The motion carried unanimously. Council Member Silcox expressed appreciation to Mayor Barr for all of his work to obtain this professional services agreement for the Renovation of the Fort Worth Convention Center. Mayor Barr expressed appreciation to Mr. Richard Navarret of the Fort Worth Chamber of Commerce and to Mayor Pro tempore Jim Lane for their assistance in moving this project forward. Public Hearing It appeared to the City Council that the City Council Francisco Cuella on December 15, 1998 approved the annexation Survey, Abstract No. timetable for the annexation of 314.467 acres of land 266 out of the Francisco Cuella Survey, Abstract No. 266, Tarrant County, Texas, located on the east side of Old Denton Road approximately 3,100 feet north of Keller Hicks Road, setting today as the date for the second public hearing. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Kevin Lasher, representing the Development Department, appeared before the City Council and presented a staff report and advised Council that staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting of February 9, 1999. There being no one else present desiring to be heard in connection with the second public hearing for the annexation of 314.467 acres of land out of the CITY COUNCIL MEET MG FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 16 of 17 Francisco Cuella Survey, Abstract No. 266, Tarrant County, Texas, located on the east side of Old Denton Road approximately 3,100 feet north of Keller Hicks Road, Mayor Pro tempore Lane made a motion, seconded by Council Member Haskin, that the second public hearing be closed and directed staff to institute annexation proceedings. The motion carried unanimously. Citizen Presentations Mr. Lance Rodman, 3301 W. Normandale #2072, Lance Rodman appeared in support of the naming of the proposed park in honor of Chief Quannah Parker. Executive Session It was the consensus of the City Council that the Council meet in a closed session at 11:17 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, Fort Worth ISD and County Education District v. Veteran's Memorial Inc., Cause No. 4:96-CV-764-Y b) Dallas SER-JOBS for Progress, Inc. v. City of Fort Worth, Cause No. 48-169262-97 c) Legal issues concerning Land and Special Facilities Lease Agreement between Alliance Airport Authority, Inc. and Federal Express Corporation d) Legal issues concerning transfer of Marcus Cable franchise e) City of Fort Worth v. City of Dallas et al., Cause No. 48-171109-97 C "'1' COUNCIL MEETING FORT WORTH, TEXAS JANUARY 19, 1999 PAGE 17 of 17 f) City of Dallas v. City of Fort Worth et al., Cause No. 3:97-CV-2734-T as authorized by Section 551.071 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:11 p.m. Adjournment There being no further business, the meeting was adjourned at 12:11 p.m. CITY SECRETARY MAYOR