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HomeMy WebLinkAbout1999/04/20-Minutes-City Council CITY COUNCIL MEETING APRIL 20, 1999 Date & Time On the 20th day of April, A.D., 1999, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:10 a.m., at the City Council Chambers, 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, and Cathy Hirt; Assistant City Manager Ramon Guajardo; City Attorney Wade Adkins; City Secretary Gloria Pearson. Council Member Ralph McCloud was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Raul Gutierrez, Arlington Heights United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Council Member Wentworth, the minutes of the regular meeting of April 13, 1999, were approved unanimously. Special Council Member Haskin presented a Proclamation for Child Presentations/ Abuse Prevention Month to Karen Steele representing Introductions Alliance for Children, Nancy Fisher representing Child Advocates of Tarrant County, Linda Ragsdale representing Tarrant County Youth Collaboration, and Laurie Todd, an intern with Tarrant County Youth Collaboration. Nancy Fisher thanked the council for the proclamation. Announcements Mayor Pro tempore Lane thanked those citizens and organizations involved in the activities for the Main Street Arts Festival. Withdrawn/Consent Council Member Silcox requested that Mayor and Council Agenda Communication No. C-17380 be withdrawn from the consent agenda. Assistant City Manager Ramon Guajardo requested that Mayor and Council Communication No. L- 12478 be withdrawn from the consent agenda. CITY COUNCIL MEETINv FORT WORTH, TEXAS APRIL 20, 1999 PAGE 2 of 20 Continued/Withdrawn Assistant City Manager Ramon Guajardo requested that By Staff Mayor and Council Communication No. L-12478 be continued for one week. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. OCS-1054 There was presented Mayor and Council Communication Liability Bonds No. OCS-1054 from the Office of the City Secretary recommending that the City Council authorize the acceptance of the liability bond for Kyle Womble d/b/a Metroplex Concrete insured by State Farm Fire and Casualty. It was the consensus of the City Council that the recommendation be adopted. OCS-1055 There was presented Mayor and Council Communication Claims No. OCS-1055 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-1056 There was presented Mayor and Council Communication Res. No. 2519 No. OCS-1056 from the Office of the City Secretary Zoning Hearing recommending that the City Council adopt Resolution No. 2519 Setting Regular Zoning Hearing for May 11, 1999. On motion of Council Member Haskin, seconded by Mayor Pro tempore Lane, the motion carried unanimously. G-12537 There was presented Mayor and Council Communication Payment of Attorney No. G-12537 from the City Manager recommending that the Fees — Haynes & City Council confirm the engagement of Haynes & Boone to Boone represent City Manager Bob Terrell in the lawsuit of Larry Schoolcraft vs. Norman Donoho, Bob Terrell, Max Ragsdale, i fy COUNCIL MEETING FORT WORTH, TEXAS APRIL 20, 1999 PAGE 3 of 20 Libby Watson and the City of Fort Worth, Cause No. 348- 172050-97 and authorize the payment of reasonable attorney's fees not to exceed $50,000.00. It was the consensus of the City Council that the recommendation be adopted. G-12538 There was presented Mayor and Council Communication Ord. # 13773 No. G-12538 from the City Manager recommending that the LEOSE Payment City Council: 1. Accept the annual allocation payment from the Law Enforcement Officer Standards and Education Account (LEOSE) in the amount of$3,843.61; and 2. Adopt Appropriation Ordinance No. 13773 increasing the estimated receipts and appropriations in the Special Trust Fund, Law Enforcement Officers Standard and Education Account, in the amount of $3,843.61 from available funds for the purpose of funding the expenses related to the continuing education or training of persons licensed under Chapter 415, Government Code. It was the consensus of the City Council that the recommendation be adopted. G-12539 There was presented Mayor and Council Communication Ord. # 13774 No. G-12539 from the City Manager recommending that the Cowtown Brush Up City Council: 1. Accept a donation of $5,000.00 from the Sid Richardson Foundation for the Cowtown Brush Up Program; and 2. Adopt Appropriation Ordinance No. 13774 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $5,000.00 from available funds for the purpose of funding the Cowtown Brush Up Program. On motion of Council Member Haskin, seconded by Mayor Pro tempore Lane, the recommendation was adopted unanimously. CITY COUNCIL MEETINORN Q110 FORT WORTH, TEXAS APRIL 20, 1999 PAGE 4 of 20 G-12540 There was presented Mayor and Council Communication Delayed Until After No. G-12540 from the City Manager recommending that the Executive Session City Council approve the proposed compromise settlement agreement and release of all claims of the lawsuit entitled City of Fort Worth Plaintiff/Counter-Defendant, vs. Martin Lopez and Maria E. Lopez, Defendants/Third Party Plaintiffs/ Counter-Defendants, vs. Gwen England d/b/a England Properties, Third Party Defendant/Counter-Plaintiff, Cause No. 97-73674-1. Council Member Silcox made a motion, seconded by Mayor Pro tempore Lane, to delay voting on this issue until after Executive Session. The motion passed unanimously. G-12541 There was presented Mayor and Council Communication Adjust Rental Rates No. G-12541 from the City Manager recommending that the for Japanese Garden City Council approve the revised rental rates for the Pavilion Japanese Garden Pavilion. Council Member Wentworth made a motion, seconded by Council Member Silcox to approve Mayor and Council Communication No. G-12541. Council Member Moss expressed concern about the increase in rental fees for the Japanese Garden and asked for clarification on the increase. Richard Zavala, Director of Parks and Community Services, stated that rental rates have increased only by $150.00 for a six-hour period. He further stated that the increase included security and staffing costs. Mr. Henry Painter, Director of the Japanese Gardens stated that most weddings take place during the day and would be a disturbance to other patrons visiting the gardens. Mr. Painter stated that the property is unique to Texas and the recent renovations created much needed improvements that he believes patrons will pay the fee increase to enjoy the beauty of the gardens. Council Member Haskin made a substitute motion, seconded by Council Member Silcox, to approve this item based on Council's review of rental usage in eight months. Mayor Barr directed staff to return to Council in eight CIO,Y COUNCIL MEETING FORT WORTH, TEXAS APRIL 20, 1999 PAGE 5 of 20 months with a report reflecting the success and utilization of the Japanese Garden Pavilion at the increased rates. The motion carried by the following vote: AYES: Mayor Barr, Mayor Pro tempore Lane; Council Members Silcox, Haskin, Picht, Wentworth, and Hirt NOES: Council Member Moss NOT VOTING: None ABSENT: Council Member McCloud Public Hearing It appeared to the City Council that they set today as the day for a public hearing establishing standards of care for Youth Programs in the Parks and Community Services Department. Mayor Barr asked if there was anyone present desiring to be heard. Richard Zavala, Director, Parks and Community Services presented a brief staff report calling attention to Mayor and Council Communication No. G-12542, as follows: G-12542 There was presented Mayor and Council Communication Ord. # 13775 No. G-12542 from the City Manager recommending that the Standards of Care for City Council adopt Ordinance No. 13775 readopting and Youth Programs amending the standards of care for Youth Programs offered by the Parks and Community Services Department, by the addition of Subsection 6(G), providing that a program coordinator must take a tuberculosis test every year and provide proof of a clear test; 8(H) providing that a program leader must take a tuberculosis test every year and provide proof of a clear tuberculosis test; 9(C) providing that participants are only released to a parent or an adult designated by a parent or the parent may sign a release allowing the participant to sign himself in or out; 11(A) providing that the ratio of participant to staff is 20 to one based on average daily attendance. Council Member Haskin made a motion, seconded by Mayor Pro tempore Lane, that the public hearing be closed and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 20, 1999 PAGE 6 of 20 that the recommendation be adopted. The motion carried unanimously. G-12543 There was presented Mayor and Council Communication Ord. # 13776 and No. G-12543 from the City Manager recommending that the Ord. # 13777 City Council: Utility Improvements at Fort Worth Zoo 1. Adopt Appropriation Ordinance No. 13776 increasing the estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of $330,000.00 from available funds for the purpose of funding utility improvements at the Fort Worth Zoo; and 2. Authorize the transfer of $330,000.00 from the Capital Projects Reserve Fund to the Specially Funded Capital projects Fund for utility improvements at the Fort Worth Zoo; and 3. Adopt Appropriation Ordinance No. 13777 increasing the estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $330,000.00 from available funds for the purpose of funding utility improvements at the Fort Worth Zoo. On motion of Mayor Pro tempore Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. P-8831 There was presented Mayor and Council Communication Purchase Agreement No. P-8831 from the City Manager recommending that the for OEM Carrier City Council authorize: HVAC Parts and Units 1. A purchase agreement for OEM Carrier HVAC parts and units with Carrier-Bock for City departments based on the sole bid, payment terms net 30 days; and 2. This agreement to begin April 20, 1999, and expire on April 19, 2000, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. APY COUNCIL MEETING FORT WORTH, TEXAS APRIL 20, 1999 PAGE 7 of 20 P-8832 There was presented Mayor and Council Communication Purchase Agreement No. P-8832 from the City Manager recommending that the for Repair and City Council authorize: Testing of Water Meters 1. The purchase agreement for repair and testing of water meters for the Water Department with Metro Meter Service, Inc. based on unit prices. Payment terms are net 30 days from date of invoice, freight no charge; and 2. This agreement to begin April 20, 1999, and expire on April 19, 2000, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8833 There was presented Mayor and Council Communication Purchase of No. P-8833 from the City Manager recommending that the Rosemount Meters City Council authorize the one-time purchase of Rosemount Meters from FMW Distributors on the basis of low bid in the amount of $25,320.00, with payment terms of net 30 days, freight no-charge. It was the consensus of the City Council that the recommendation be adopted. P-8834 There was presented Mayor and Council Communication Purchase of No. P-8834 from the City Manager recommending that the Complaint Jacket City Council confirm the purchase of complaint jacket forms Forms from Integrated Document Solutions for the Municipal Court at a cost not to exceed $15,428.78. It was the consensus of the City Council that the recommendation be adopted. P-8835 There was presented Mayor and Council Communication Service Contract for No. P-8835 from the City Manager recommending that the Moving of Library City Council authorize a service contract for the moving of Materials and library materials and equipment service for the Central Equipment Service Library from American Interfile Library Service, Incorporated, based on the low bid not to exceed $58,380.00. Payment is due 30 days from date invoice is CITY COUNCIL MEETI FORT WORTH, TEXAS APRIL 20, 1999 PAGE 8 of 20 received, City takes no ownership of goods because this is a service contract and no freight is to be charged for this service. It was the consensus of the City Council that the recommendation be adopted. P-8836 There was presented Mayor and Council Communication Purchase Agreement No. P-8836 from the City Manager recommending that the for Extermination City Council authorize: Services 1. A purchase agreement for extermination services for the Parks and Community Services Department from Pest Proof Extermination Services (North, South, West Districts) and Mid-Cities Pest Control (East District) based on low bid of unit prices, terms of net 30 days, f.o.b. destination, freight no charge; and 2. This agreement to begin April 20, 1999, and expire April 19, 2000, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-8837 There was presented Mayor and Council Communication Purchase Agreement No. P-8837 from the City Manager recommending that the for Grounds City Council authorize: Maintenance 1. A purchase agreement for grounds maintenance services with Goodwill Industries of Fort Worth; and 2. This purchase agreement to begin April 20, 1999, and expire on April 19, 2000, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-12478 There was presented Mayor and Council Communication Continued for One No. L-12478 from the City Manager recommending that the Week City Council authorize the City Manager to execute an i Y COUNCIL MEETING FORT WORTH, TEXAS APRIL 20, 1999 PAGE 9 of 20 amendment to the lease agreement with the United States Corps of Engineers for office space in the ground floor of the Municipal Parking Garage located at 321 West 10th Street. It was the consensus of the City Council that this item be continued for one week. L-12479 There was presented Mayor and Council Communication Acquisition of No. L-12479 from the City Manager recommending that the Individual Avigation City Council: Easements 1. Authorize the acquisition of two individual avigation easements for residential properties in Irving, Texas, and described as Lot 40, Block 21, (3909 Cody Street) Northwest Park Addition, from John Michael Lobmaster a/d/a John M. Lobmaster for a total payment of $16,250.00; and Lot 1, Block 2, (600 Olde Towne Drive); Towne Lake Phase III from Loy R. and Cynthia D. Mayfield for a total payment of $55,000.00, for the purpose of expanding the D/FW International Airport; and 2. Find that the prices offered by D/FW International 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-12480 There was presented Mayor and Council Communication Conveyance of No. L-12480 from the City Manager recommending that the Residential City Council: Properties 1. Authorize the conveyance of three single-family residential properties described as Lot 6-R, Block D (4140 Hackmore Loop) of the Pioneer Valley Estates No. 4; Lot 14, Block 1, (1008 Olde Towne), Towne Lake- Phase II; and Lot 9, Block 1, (916 Olde Towne), Towne Lake-Phase II to the highest bidders in connection with the D/FW International Airport Noise Mitigation Program; and CITY COUNCIL MEETINZ3 FORT WORTH, TEXAS APRIL 20, 1999 PAGE 10 of 20 2. Authorize the sale proceeds be retained in the D/FW International Airport Noise Mitigation Program in accordance with Resolution No. 2472; and 3. Authorize the City Manager to accept and record the appropriate instruments for retention of avigation easements over the properties. It was the consensus of the City Council that the recommendation be adopted. L-12481 There was presented Mayor and Council Communication Acceptance of No. L-12481 from the City Manager recommending that the General Warranty City Council accept two General Warranty Deeds described Deeds as part of J. Askew Survey, A-16, Vol. 10338, pg. 582, and Vol. 10254, pg. 429, T.C.D.R., from George H. Anderson; and part of J. Condra Survey, A-309, Vol. 12717, pg. 1403, T.C.D.R., from 360 Parkway, Ltd. dedicating land to the City for a cost of $20.00 plus annual maintenance costs. It was the consensus of the City Council that the recommendation be adopted. L-12482 There was presented Mayor and Council Communication Acquisition of No. L-12482 from the City Manager recommending that the Permanent Utility City Council accept two permanent utility easements Easements described as Lot 11, Block n/a, (2516 Handley Drive), Handley Heights Addition, from Gerald Allen Throne for $1,000.00, and Lot A, Block 12, (6801 Church Street), Hyde- Jennings Subdivision, from Handley Baptist Church, for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12483 There was presented Mayor and Council Communication Authorize No. L-12483 from the City Manager recommending that the Acceptance of City Council: Avigation Easements 1. Authorize the acceptance of two avigation easements described as Lot 4A, Block A of Lot 4A and 413, Block A, (3600 Block Dr.), Block-Shim Addition, from HDB Y COUNCIL MEETING FORT WORTH, TEXAS APRIL 20, 1999 PAGE 11 of 20 Partners, Ltd. for $1,250,000.00; and Lot 1, Block A, (3303 Esters Rd.), Tiffany Place Addition, from MLD/TGR, Limited Partnership, for $1,350,000.00 in exchange for sound-proofing measures totaling $2,600,00.00 on both the 202-unit Brookstone Apartments and the 280-unit Wind Tree Apartments; and 2. Authorize the City Manager to accept and record the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-12484 There was presented Mayor and Council Communication Redemption of Tax- No. L-12484 from the City Manager recommending that the Foreclosed Surplus City Council: Property 1. Approve the redemption of surplus City-owned property described as Lot 7, Block 3, (1024 Ramsey), Ryan Southeast Addition; and 2. Authorize the City Manager to execute the appropriate deed, conveying the property to the previous owner, and record the deed. It was the consensus of the City Council that the recommendation be adopted. L-12485 There was presented Mayor and Council Communication Acquisition of No. L-12485 from the City Manager recommending that the Permanent Easement City Council approve the acquisition of one permanent sanitary sewer easement described as A-502, M.G. Elkins Survey, and A-242, Ballard Survey, Tarrant County, Texas, from The Academy at Water Chase, Ltd., for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12486 There was presented Mayor and Council Communication Lease Extension for No. L-12486 from the City Manager recommending that the Police Storefront City Council: CITY COUNCIL MEETIN FORT WORTH, TEXAS APRIL 20, 1999 PAGE 12 of 20 1. Authorize the City Manager to execute a lease extension with H.J. Clifton, Sr. for office space located at 2001 East Loop 820 South at a cost of$4,800.00 per year; and 2. Approve the lease extension term of one year starting March 1, 1999 and expiring February 28, 2000, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. L-12487 There was presented Mayor and Council Communication Lease for Police No. L-12487 from the City Manager recommending that the Storefront City Council: 1. Authorize the City Manager to execute a lease for office space located at 4300 South Freeway with Town Mall, Ltd. at a cost of$1.00 per year; and 2. Approve the lease term of one year starting January 1, 1999 and expiring December 31, 1999, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. PZ-2092 There was presented Mayor and Council Communication Annexation of 107 No. PZ-2092 from the City Manager recommending that the Acres of Land out of City Council approve the annexation timetable in order to the John F. Heath annex approximately 107 acres of land out of the John F. Survey, Abstract No. Heath Survey, Abstract No. 641, Tarrant County, Texas, 641 Annexation Case No. A-99-002, in compliance with the requirements of Section 43.052 of the Local Government Code of the State of Texas. It was the consensus of the City Council that the recommendation be adopted. COUNCIL MEETING FORT WORTH, TEXAS APRIL 20, 1999 PAGE 13 of 20 PZ-2093 There was presented Mayor and Council Communication Annexation of 2.604 No. PZ-2093 from the City Manager recommending that the Acres of Land out of City Council approve the annexation timetable in order to the J.W. Steiner annex 2.604 acres of land out of the J. W. Steiner Survey, Survey, Abstract No. Abstract No. 1972, Tarrant County, Texas, Annexation Case 1972 No. A-99-001, in compliance with the requirements of Section 43.052 of the Local Government Code of the State of Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2094 There was presented Mayor and Council Communication Ord. # 13778 No. PZ-2094 from the City Manager recommending that the Drainage Easement City Council adopt Ordinance No. 13778 vacating the two Vacation (VA-98-001) 12.5-foot wide by 60-foot long drainage easements located on Lots 2 and 2RC of Block B, River Hills Addition, Phase 2, to the City of Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. C-17380 There was presented Mayor and Council Communication Centex Homes No. C-17380 from the City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with Centex Homes for the installation of community facilities to serve Park Glen Addition, Phase XI, Section II. Council Member Haskin made a motion, seconded by Council Member Moss to approve Mayor and Council Communication C-17380. The motion carried by the following vote. AYES: Mayor Barr; Mayor Pro tempore Lane; Council Members Haskin, Moss, Picht , Wentworth, and Hirt NOES: Council Member Silcox NOT VOTING: None ABSENT: Council Member McCloud CITY COUNCIL MEETI ING FORT WORTH, TEXAS APRIL 20, 1999 PAGE 14 of 20 C-17381 There was presented Mayor and Council Communication Insituform No. C-17381 from the City Manager recommending that the Technologies, Inc. City Council authorize the City Manager to execute a contract with Insituform Technologies, Inc. in the amount of $598,976.53 for Main C1C413 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 2), Part 2, Unit 1. It was the consensus of the City Council that the recommendation be adopted. C-17382 There was presented Mayor and Council Communication Mid-State Utilities No. C-17382 from the City Manager recommending that the Inc. City Council authorize the City Manager to execute a contract with Mid-State Utilities, Inc. in the amount of $878,267.00 for Mains 19 and 258 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 5, Contract 1), Part 2, Unit 2. It was the consensus of the City Council that the recommendation be adopted. C-17383 There was presented Mayor and Council Communication Mid-State Utilities No. C-17383 from the City Manager recommending that the Inc. City Council authorize the City Manager to execute a contract with Mid-State Utilities, Inc. in the amount of $1,844,784.00 for Main C1C413 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 2), Part 2, Unit 2. It was the consensus of the City Council that the recommendation be adopted. C-17384 There was presented Mayor and Council Communication Davila Construction, No. C-17384 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 $368,421.00 for Mains 19 and 258 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 5, Contract 1), Part 2, Units 1 and 3. It was the consensus of the City Council that the recommendation be adopted. C-17385 There was presented Mayor and Council Communication Black & Veatch No. C-17385 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Black & Veatch in an amount not to exceed COUNCIL MEETING FORT WORTH, TEXAS APRIL 20, 1999 PAGE 15 of 20 $76,530.00 for the purpose of preparing a cost of service study for wholesale water rates. It was the consensus of the City Council that the recommendation be adopted. C-17386 There was presented Mayor and Council Communication Ord. # 13779 No. C-17386 from the City Manager recommending that the TU Electric City Council: 1. Authorize the City Manager to execute a renewal contract and accept funds of up to $98,000.00 from TU Electric for renewal of the a-Wise Program, upon approval of the M&C, through May 31, 2000; and 2. Adopt Supplemental Appropriation Ordinance No. 13889 increasing the estimated receipts and appropriations in the General Fund in the amount of $98,000.00 from available funds for the purpose of funding contract renewal with TU Electric for the a-wise program. It was the consensus of the City Council that the recommendation be adopted. C-17387 There was presented Mayor and Council Communication Continued for One No. C-17387 from the City Manager recommending that the Week City Council approve Appropriation Ordinances and contract with the Fort Worth Housing Finance Corporation for Housing Development Activities. Council Member Moss expressed concerns that the citizens had not been given an opportunity to meet with the contractor to review the plans for construction of the remainder of the homes in this area. He stated that the City had a great opportunity to make a difference and encourage homeowners in this area. Mr. Jerome Walker, Director, Housing Department, addressed Mr. Moss' concerns and stated that he would be happy to meet with the citizens in that community to answer any questions regarding the further building of homes. CITY COUNCIL MEETING GO FORT WORTH, TEXAS APRIL 20, 1999 PAGE 16 of 20 Council Member Moss made a motion, seconded by Council Member Silcox, to continue this item for one week. The motion carried unanimously. Public Hearing It appeared that the City Council at its meeting of March 23, 3901 Westridge Ave. 1999, continued the hearing for the Appeal of the Order of the Building Standards Commission regarding 3901 Westridge Avenue. Mayor Barr asked it there was anyone present desiring to be heard. Paul Bounds, representing the Code Compliance Department, appeared before the City Council and presented a staff report. Spencer Lengyel Mr. Spencer Lengyel, President, Ridgeway Partners Ltd., addressed the council and requested that he be afforded additional time to resolve this issue by working with Code Compliance to finalize his plans for this property. There being no one else present desiring to be heard, Council Member Silcox made a motion to close the public hearing, have this case remanded to the Building Standards Commission for consideration on April 26, 1999, that Mr. Lengyel work with staff to develop a short timeframe in which the $79,500.00 fine will be used for further improvements on this property, and that if the work is not completed within the agreed timeframe the fine will be immediately assessed. Council Member Haskin asked for a legal opinion on the case being returned to the Building Standards Commission for consideration April 26, 1999. Ms. Alicia Johnson, Assistant City Attorney stated that the case could be returned to the commission on April 26, 1999 if Mr. Lengyel waived the 10 day notice requirement. Mr. Lengyel stated he would waive the 10 day notice requirement. The motion was seconded by Mayor Pro tempore Lane and carried unanimously. Y COUNCIL MEETING FORT WORTH, TEXAS APRIL 20, 1999 PAGE 17 of 20 Z-98-166 It appeared that the City Council at its meeting on February 9, 1999, continued the hearing of Omni Group, Inc., for a change in zoning of property located at 4028, 4036, 4040, and 4104 Forbes; 3000, 3004, 3006, and 3008 Miller; 4101, 4105, 4109 and 4113 Burton, from "B" Two-Family and "PD/177" to "PD/E" Planned Development/Commercial, Zoning Docket No. Z-98-166, with site plan required. Mayor Barr asked if there was anyone present desiring to be heard. There being no one present desiring to be heard, Council Member Moss made a motion, seconded by Council Member Picht, that the application of Omni Group, Inc., Zoning Docket No. Z-98-166, be referred to the Zoning Commission to consider the other uses added to this project. Z-99-050 Council Member Moss made a motion, seconded by Council SP-99-007 Member Silcox, that the application of Centerport, L.P., for a Approved change in zoning of property located at 14501 Trinity Boulevard from "J" Light Industrial to "PD/SU" Planned Development/Specific Use for all uses in "J" Light Industrial plus a hotel, Zoning Docket No. Z-99-050 and Site Plan No. SP-99-007, be approved. 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. 3011, Council Member Moss made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that the following ordinance be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 20, 1999 PAGE 18 of 20 ORDINANCE NO. 13780 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, 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 Presentation Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Riley Cantrell City Council regarding alleged complaints of the Code Compliance staff and improper management of the City government. Marcus Willis Mr. Marcus Willis, 7067 Willowview Street, appeared before City Council regarding minority relations in Fort Worth. Alvin Crenshaw Mr. Alvin Crenshaw, 7009 Bennington, Watauga, Texas, addressed the council regarding concerns of property he owns in Como. Mayor Barr referred Mr. Crenshaw to Daphne Polk, Assistant to the City Manager, to resolve his concerns. Sharon Armstrong Ms. Sharon Armstrong, 4605 Virgil, invited the council to attend a forum tonight at the Martin Luther King Center, 5565 Truman Drive. COUNCIL MEETING FORT WORTH, TEXAS APRIL 20, 1999 PAGE 19 of 20 Jimmie Dawson Mr. Jimmie Dawson, 2505 Highcrest, requested the Council's assistance in resolving the termination of his daughter Artie Dawson. Mayor Barr informed Mr. Dawson that Council could not address this issue and referred him to the Human Resources Department. Executive Session It was the consensus of the City Council that the Council meet in a closed session at 11:13 a.m. for the following purposes: 1. To seek the advise of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9, of the Texas State Bar Rules: a. City of Fort Worth v. City of Dallas et al., Cause No. 48-171109-97 b. City of Dallas vs. City of Fort Worth et al., Cause No. 3:97-CV-2734-T c. Legal issues concerning benefits payable to deceased City employees d. City of Fort Worth v. Martin Lopez and Maria E. Lopez, Cause No. 97-73674-1 e. Northwest Independent School District v. Denton Central Appraisal District, FW Sports Authority, Texas Motor Speedway, City of Fort Worth, et al., Cause No. 97-20568-158 as authorized by Section 551.071 of the Texas Government Code. 2. To discuss the sale, purchase, lease or value of real property, as authorized by Section 551.072 of the Texas Government Code. The public discussion of this matter would have a detrimental effect on the position of the City in negotiations with a third party. CITY COUNCIL MEE-Tit PUN 01 FORT WORTH, TEXAS APRIL 20, 1999 PAGE 20 of 20 Reconvened The City Council reconvened into regular session at 1:20 p.m. G-12540 There was presented Mayor and Council Communication Settlement of Lawsuit No. G-12540 from the City Manager recommending that the City Council: 1. Approve the proposed compromise settlement agreement and release of all claims of the lawsuit entitled City of Fort Worth Plaintiff/Counter-Defendant, vs. Martin Lopez and Maria E. Lopez, Defendants/Third Party Plaintiffs/Counter-Defendants, vs. Gwen England d/b/a England Properties, Third Party Defendant/Counter-Plaintiff, Cause No. 97-73674-1; and 2. Authorize the payment of $20,000.00 to Martin Lopez and Maria E. Lopez; and 3. Authorize the appropriate City representatives to execute the documents necessary to complete the proposed compromise settlement agreement and release of all claims. On motion of Mayor Pro tempore Lane, seconded by Council Member Wentworth, the recommendation was adopted unanimously. Adjournment There being no further business, the meeting was adj urned at 1:23 p.m. L fbl_vl� CITY SE TARY MAYOR