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HomeMy WebLinkAbout1998/03/24-Minutes-City Council CITY COUNCIL MEETING MARCH 24, 1998 Date & Time On the 24th day of March, A.D., 1998, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:15 a.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Eugene McCray; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Clyde Picht, Jeff Wentworth, Ralph McCloud and Cathy Hirt; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Alice Church. 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 Council Member Silcox, seconded by Mayor Pro tempore McCray, the minutes of the regular meeting of March 17, 1998, were approved unanimously. Special A proclamation for Delta Sigma Theta Week was Presentations presented by Mayor Pro tempore McCray. Mayor for the Day Mayor Barr introduced Ms. Kim Martin as Mayor for the Day and presented her with a certificate and a Key to the City. Council Member Picht commended the Fire Department on their outstanding Award Dinner at Will Rogers last week. Council Member Silcox commended the Hispanic Firefighters for giving up their Saturday to go out and install smoke detectors in citizens homes in the South Hills area. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 1998 PAGE 2 Withdrawn/ Council Member Picht requested that Mayor and Consent Agenda Council Communication No. C-16689 be withdrawn from the consent agenda. Continued/ City Manager Terrell requested that Mayor and Withdrawn Council Communication No. C-16689 be withdrawn from the agenda. Consent Agenda On motion of Mayor Pro tempore McCray, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. Appointment Council Member Silcox made a motion,seconded by Council Member Picht, that Mr. Reuben Gonzales be appointed to the Ethics Review Committee. Council Member Hirt made a substitute motion, seconded by Council Member Haskin, that the appointment of Mr. Reuben Gonzales to the Ethics Review Committee be tabled until next week when the Governmental Relations Committee bring forth a recommendation. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCray; Council Members Lane, Haskin, Wentworth, McCloud, and Hirt NOES: Council Members Silcox and Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 3 Council Member Hirt made a motion, seconded by Council Member Wentworth, that Ms. Ginger Morosky be appointed to Place 9 and that Ms. Jane Hardwick be appointed to Place 1 on the Fort Worth Commission on the Status of Women. The motion carried unanimously. OCS-970 There was presented Mayor and Council Claims Communication No. OCS-970 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. It appeared to the City Council that on March 17, 1998, they continued the public hearing regarding the 1998-1999 City of Fort Worth Consolidated Action Plan: CDBG, ESG, HOPWA, HOME. Mayor Barr asked if there was anyone present desiring to be heard. Mrs. Pamela Ware-Brooks, representing the Inter- governmental Affairs and Grants Management Department, appeared before the City Council, presented a staff report and advised Council of some proposed changes and stated that upon receiving citizen comments that the hearing be continued for one additional week. She called attention of the Council to Mayor and Council Communication No. G-12149, as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 1998 PAGE 4 G-12149 There was presented Mayor and Council 1998-1999 Communication No. G-12149, dated March 3, 1998 Consolidated from the City Manager recommending that the City Action Plan Council: CDBG, ESG, HOPWA, HOME 1. Approve the City's Consolidated Action Plan Grant Application for submission to the U.S. Department of Housing and Urban Development (HUD), and 2. Adopt an appropriation ordinance increasing the estimated receipts and appropriations in the Grant Fund in the amount of $79632,000.00 for CDBG Funds,$2,548,000.00 for HOME Funds, $299,000.00 for ESG Funds and $590,000.00 for HOPWA Funds subject to the receipt of the grant for the purpose of funding the 1998-1999 City of Fort Worth Consolidated Action Plan, and 3. Authorize the use of $270,725.00 from the Spanish Gates Apartments revenue account to the 1998 HOME Program account, and 4. Authorize the use of up to $875,000.00 in estimated program income from the interest earned and Revolving Loan Fund, and 5. Apply indirect cost rates as applicable for the grant fund in accordance with the City's Administrative Regulation 3-15. Celia Esparza Ms. Celia Esparza, 1858 Grand, appeared before the City Council and expressed concern relative to the reduction of CDBG funding resulting in a 10 percent cut for Youth Programs. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 5 Mayor Barr referred Ms. Esparza to speak with Pamela Brooks and she would be able to answer her questions. Roberta Florez Ms. Roberta Florez,2744 Hemphill,appeared before the City Council and expressed concern relative to the ten percent across the board reduction, stating that the quality of service was decreasing and would be harmful to the youth of the City. She also advised Council that new programs should be funded. Council Member McCloud made a motion,seconded by Mayor Pro tempore McCray, that the hearing for 1998-1999 Consolidated Action Plan,M&C G-12149, be continued until March 31, 1998. The motion carried unanimously. City Secretary Church advised Council that Mayor and Council Communication No. G-12162,Approval of Employee Incentives for Participation in Ozone Reduction Program, should be denied in order to take action on Mayor and Council Communication No. G-12162 Revised. G-12162 - Denied Council Member Haskin made a motion, seconded Employee by Council Member Lane, that Mayor and Council Incentives Communication No. G-12162 be denied. The motion Ozone carried by the following vote: Reduction Program AYES: Mayor Barr; Mayor Pro tempore McCray; Council Members Lane, Silcox, Haskin, Wentworth, McCloud, and Hirt NOES: Council Member Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 1998 PAGE 6 G-12162 There was presented Mayor and Council Revised Communication No. G-12162 Revised from the City Employee Manager recommending that the City Council Incentives authorize the continuation of the incentive plan for Ozone employees for their participation in the City's Reduction Ozone Reduction Program for a cost not to exceed Program $15,700.00.Council Member Haskin made a motion, seconded by Council Member Hirt, that Mayor and Council Communication No. G-12162 Revised be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCray; Council Members Lane, Haskin, Wentworth, McCloud, and Hirt NOES: Council Members Silcox and Picht ABSENT: None G-12165 There was presented Mayor and Council Ord. # 13394 Communication No. G-12165 from the City Continuing Manager recommending that the City Council: Education & Training 1. Accept funds in the amount of$8,934.46 from for City the Texas Comptroller of Public Accounts to Marshals provide continuing education and necessary training to persons licensed under Chapter 415, Government Code, and 2. Adopt Appropriation Ordinance No. 13394 increasing the estimated receipts and appropriations in the Special Trust Fund, CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 7 Leose Training Funds, in the amount of $8,934.46 from available funds for the purpose of funding continued training of full time law enforcement support personnel. It was the consensus of the City Council that the recommendation be adopted. G-12166 There was presented Mayor and Council Reimbursement Communication No. G-12166 from the City to Hillwood Manager recommending that the City Council Development authorize the City Manager to reimburse Hillwood Corporation Development Corporation in the amount of $41,065.00 for User Refunds and On-site Credits. It was the consensus of the City Council that the recommendation be adopted. G-12167 There was presented Mayor and Council 1998 Transportation Communication No. G-12167 from the City Improvement Manager recommending that the City Council Program authorize the City Manager to submit a project submittal form for eight candidate projects for the Urban Street Program to the North Central Texas Council of Governments (NCTCOG) before the April 3, 1998 deadline. On motion of Council Member McCloud, seconded by Council Member Haskin, the recommendation was adopted. G-12168 There was presented Mayor and Council Ord. #13395 Communication No. G-12168 from the City Notice of Manager recommending that the City Council adopt Intention to Issue Ordinance No. 13395 directing publication of Notice Revenue of Intention to Issue Combination Tax and Revenue Certificates Certificates of Obligation, Series 1998. On motion of Of Obligation, Council Member Wentworth, seconded by Council Series 1998 Member Haskin, the recommendation was adopted. OF CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 24, 1998 PAGE 8 G-12169 There was presented Mayor and Council Permit for Communication No. G-12169 from the City Haws & Tingle Manager recommending that the City Council General approve the request of Haws & Tingle General Contractors, Inc. Contractors, Inc. to be permitted to perform construction work at the 815 Taylor garage project on the corner of Taylor and 7th Street, weeknights from 6:00 PM to 6:00 AM and weekends from 6:00 PM Friday until 6:00 AM Monday, for the period of March 24, 1998 until May 31, 1998, as needed to construct the parking garage. On motion of Council Member Wentworth, seconded by Council Member Hirt, the recommendation was adopted. P-8557 There was presented Mayor and Council Purchase Communication No. P-8557 from the City Manager Agreement recommending that the City Council authorize a with Harold purchase agreement for Beck actuators, parts and Beck & Sons, Inc. service for the Water Department with Harold Beck & Sons, Inc. based on sole source bid,with payment terms net 30 days, f.o.b. Newtown, PA., freight prepaid and added to invoice with agreement to begin March 24, 1998, and expire on March 23, 1999, with options to renew for two additional one- year periods. P-8558 There was presented Mayor and Council Purchase Communication No. P-8558 from the City Manager Agreement recommending that the City Council authorize a with Seagate purchase agreement for Seagate Software Software maintenance for the Information Systems and Services Department with Seagate Software, on sole CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 9 source agreement for the unit prices with agreement to begin March 24, 1998, and end November 10, 1998, with the option to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8559 There was presented Mayor and Council Purchase Communication No. P-8559 from the City Manager Resale Items recommending that the City Council authorize a for the City purchase agreement with various vendors for the Store purchase of merchandise for resale at the City Store with agreements to begin March 16, 1998, and end March 15, 1999. It was the consensus of the City Council that the recommendation be adopted. P-8560 There was presented Mayor and Council Purchase Communication No. P-8560 from the City Manager Electronic recommending that the City Council authorize a Leak Detection purchase to upgrade an electronic leak detection Correlator Unit correlator unit for the Water Department from Fluid Conservation Systems,Inc., based on sole source bid, for a total expenditure of$36,110.00 with payment terms net 30 days. It was the consensus of the City Council that the recommendation be adopted. P-8561 There was presented Mayor and Council Purchase Communication No. P-8561 from the City Manager OEM Scott recommending that the City Council authorize the Self-Contained purchase of OEM Scott self-contained breathing Breathing apparatus (SCBA) equipment parts for the Fire Apparatus Department from Wayest Safety Supply on basis of Equipment low bid of $15,599.64, with payment terms net 30 Parts days, f.o.b. destination and freight no charge. It was the consensus of the City Council that the recommendation be adopted. AWN CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 1998 PAGE 10 P-8562 There was presented Mayor and Council Purchase Communication No. P-8562 from the City Manager Agreement recommending that the City Council authorize a with Metro/Quip,Inc. purchase agreement for Moyno pump parts and replating for the Water Department with Metro/Quip, Inc., based on bid meeting specifications with payment terms net 30 days, f.o.b. Dayton, Ohio, freight prepaid and added to invoice, with agreement to begin March 18, 1998, and expire on March 17, 1999, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8563 There was presented Mayor and Council Purchase Communication No. P-8563 from the City Manager Agreement recommending that the City Council authorize a with Ladd purchase agreement for uniforms with Ladd Uniform Uniform Company, items 1 -4 and 10-37,on basis of Company lowest evaluated bid, with payment terms net 30 days, f.o.b. destination, no charge for freight, with agreement to begin March 30, 1998, and expire on March 29, 1999 with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8564 There was presented Mayor and Council Purchase Communication No. P-8564 from the City Manager Agreement recommending that the City Council authorize a with Landers purchase agreement for machine shop service and Industrial fabrication for the City of Fort Worth with Landers Services, Inc. Industrial Services, Inc., based on bid of unit prices, with payment terms net 30 days, f.o.b. destination, tf.' CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 11 freight no charge, with agreement to begin March 25, 1998, and expire on March 24, 1999,with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8565 There was presented Mayor and Council Purchase Communication No. P-8565 from the City Manager Agreement recommending that the City Council authorize a with American purchase agreement for maintenance, parts, and Microsystems Ltd. software for the City Services Department with American Microsystems Ltd., on sole source agreement at manufacture's cost, net 30 days, f.o.b. Euless, Texas, freight prepaid and added, with agreement to begin March 24, 1998, and end March 23, 1999,with the option to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8566 There was presented Mayor and Council Ord. #13396 Communication No. P-8566 from the City Manager Purchase recommending that the City Council: A 700 Ton Centrifugal 1. Adopt Supplemental Appropriation Chiller Ordinance No. 13396 appropriating $619,368.00 to the General Fund and Decreasing the Unreserved, Undesignated Fund Balance by the same amount for the purpose of providing funding for the purchase of a 700-Ton Centrifugal Chiller from the Trane Company, and CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 1998 PAGE 12 2. Authorize the City Manager to execute a contract with Huitt-Zollars, Inc. for a fee of $44,800.00 for the design of both the procurement specifications and renovations to the mechanical equipment room in the Will Rogers Memorial Center, for the centrifugal chiller, and 3. Authorize the purchase of a 700-ton Centrifugal Chiller from the Trane Company for Will Rogers Memorial Center, based on the lowest evaluated responsible bid received for $155,568.00. On motion of Council Member McCloud, seconded by Council Member Lane, the recommendation was adopted. L-12214 There was presented Mayor and Council Acquisition of Communication No. L-12214 from the City One Permanent Manager recommending that the City Council Sanitary Sewer approve the acquisition of a permanent sanitary Easement sewer easement, located on the southside of the City (east of I-35 W) between E. Seminary Drive and Ripy Street, (Lot 1, Block 11, Brentmoor Addition), for a total cost of $100.00. It was the consensus of the City Council that the recommendation be adopted. L-12215 There was presented Mayor and Council Acquisition of Communication No. L-12215 from the City One permanent Manager recommending that the City Council Utility Easement approve the acquisition of one permanent utility easement described as Block 23550, Lot 10, Land 700 Addition; find that a total of $1.00 is just compensation; and authorize the City Manager to CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 13 accept and record the appropriate documents. It was the consensus of the City Council that the recommendation be adopted. L-12216 There was presented Mayor and Council Quitclaim Deed Communication No. L-12216 from the City 3900 NW Center Manager recommending that the City Council Drive - Case No. authorize the City Manager to execute a quitclaim 496-42885 deed of Tract 1D, Abstract No. 85 AKA 3900 NW Center Drive to MJCH Corp. It was the consensus of the City Council that the recommendation be adopted. L-12217 There was presented Mayor and Council Lease Agreement Communication No. L-12217 from the City with Texas Manager recommending that the City Council Department of authorize the City Manager to execute a lease Transportation agreement with the Texas Department of Transportation for use of State owned right-of-way located at the intersection of West Lancaster and Taylor Streets for a term of five (5) years at a sum of $3,450.00 per year. On motion of Council Member Haskin, seconded by Council Member Hirt, the recommendation was adopted unanimously. L-12218 There was presented Mayor and Council Lease Agreement Communication No. L-12218 from the City with Parking Manager recommending that the City Council Company of authorize the City Manager to execute a lease America agreement with Parking Company of America for a City employee parking lot located at 1100 Taylor Street,and authorize an increase of the City's rental tl 9 CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 24, 1998 PAGE 14 rate for parking at this lot and the lot located at the intersection of West Lancaster and Taylor Street. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. PZ-2034 There was presented Mayor and Council Voluntary Communication No. PZ-2034 from the City Annexation Manager recommending that the City Council 148.377 Acres approve the annexation timetable in order to annex Allen Henderson 148.377 acres of land out of the Allen Henderson Survey Survey, Abstract No. 596, The P.K. Matthews A-98-001 Survey,Abstract No. 865, The G. Shamblin Survey, Abstract No. 1101, and the T.J. Bates Survey, Abstract No. 206, Denton County, Texas, in compliance with the requirements of Section 43.052 of the Local Government Code of the State of Texas. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. C-16686 There was presented Mayor and Council Engineering Communication No. C-16686 from the City Agreement with Manager recommending that the City Council Huitt-Zollars, Inc. authorize the City Manager to execute an engineering agreement with Huitt-Zollars, Inc., for a fee not to exceed $94,663.00 for Main 207R Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 5, Contract 3), Part 7. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 15 C-16687 There was presented Mayor and Council Ord. # 13397 Communication No. C-16687 from the City Change Order Manager recommending that the City Council: No. 1 - Conatser Construction, Inc. 1. Authorize the transfer of $125,912.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund, and 2. Adopt Appropriation Ordinance No. 13397 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $125,912.00 from available funds for the purpose of funding a contract with Conatser Construction,Inc.,for Sanitary Sewer Rehabilitation Contract XLl (41), and 3. Authorize the City Manager to execute Change Order No. 1 to City Secretary Contract No. 23504 with Conatser Construction, Inc., in the amount of $125,912.00 to provide for additional pay item quantities and increasing the contract amount to $818,732.00. It was the consensus of the City Council that the recommendation be adopted. C-16688 There was presented Mayor and Council Larry H. Communication No. C-16688 from the City Jackson Manager recommending that the City Council Construction, Inc. authorize the City Manager to execute a contract with Larry H. Jackson Construction, Inc., in the amount of$308,115.50 and fifty (50) working days CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 24, 1998 PAGE 16 for the reconstruction of Butler Avenue from Livingston Avenue to Henderson Avenue. It was the consensus of the City Council that the recommendation be adopted. C-16689 - It was the consensus of the City Council that Mayor Withdrawn and Council Communication No. C-16689,Award of Henderson Contract to Henderson Construction LLP,for Water Construction LLP and Sanitary Sewer Improvements in Collard Street (Avenue J to Avenue N), be withdrawn from the agenda. C-16690 There was presented Mayor and Council McClendon Communication No. C-16690 from the City Construction, Inc. Manager recommending that the City Council authorize the City Manager to execute a contract with McClendon Construction, Inc., in the amount of $334,140.00 for the reconstruction of Fifth Avenue (from Elizabeth Boulevard to Lilac Street). It was the consensus of the City Council that the recommendation be adopted. C-16691 There was presented Mayor and Council Engineering Communication No. C-16691 from the City Agreement with Manager recommending that the City Council Wade & authorize the City Manager to execute an Associates, Inc. engineering agreement with Wade & Associates, Inc., for a fee not to exceed $310,000.00 for Main M- 390 Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 1), Part 5 and Main M-106R Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 4, Contract 2), Part 7. It was the consensus of the City Council that the recommendation be adopted. y CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 17 C-16692 There was presented Mayor and Council Consent Communication No. C-16692 from the City Agreement Manager recommending that the City Council with Hydraulics, Inc. authorize the City Manager, or his designee to enter into a standard consent agreement with Hydraulics, Inc. for authorization to use the right-of-way in West Bowie, and St. Louis Avenue for the use of underground conduits. It was the consensus of the City Council that the recommendation be adopted. C-16693 There was presented Mayor and Council Community Communication No. C-16693 from the City Facilities Manager recommending that the City Council Agreement authorize the City Manager to execute a with Zena Community Facilities Agreement (CFA) with Zena Development Development Corporation for the installation of Corporation community facilities for Summer Creek Meadows, Phase I. It was the consensus of the City Council that the recommendation be adopted. C-16694 There was presented Mayor and Council Engineering Communication No. C-16694 from the City Agreement with Manager recommending that the City Council Dunaway authorize the City Manager to execute an Associates, Inc. engineering agreement with Dunaway Associates, Inc., in the amount of $59,250.00 for pavement reconstruction and water and sanitary sewer replacements on NE 29th Street (Deen to Runnels), Arlington Avenue W. (Forest Park to West Dead- End), Armando Avenue (Cibolo to Madrid), Cibolo Drive (Vega to El Greco), Hemsell Place (Olive to Tex Blvd.) And Pelham Road (Clayton to Floyd). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 1998 PAGE 18 C-16695 There was presented Mayor and Council Bowles Communication No. C-16695 from the City Construction Manager recommending that the City Council Company authorize the City Manager to execute a contract with Bowles Construction Company, in the amount of $509,043.00 for Main 36SR Drainage Area Sanitary Sewer Rehabilitation Improvements (Group 5, Contract 2), Part 2 - Sewer Line Replacement. It was the consensus of the City Council that the recommendation be adopted. C-16696 There was presented Mayor and Council Amendment No. 1 Communication No. C-16696 from the City Engineering Manager recommending that the City Council Agreement with authorize the City Manager to execute Amendment Carter & Burgess, No. 1 to City Secretary Contract No. 22566 with Inc. Carter & Burgess, Inc., in the amount of$24,010.00 to provide for additional design and survey services, thereby increasing the contract amount to $468,515.00. It was the consensus of the City Council that the recommendation be adopted. C-16697 There was presented Mayor and Council Walt Williams Communication No. C-16697 from the City Construction, Inc. Manager recommending that the City Council authorize the City Manager to execute a contract with Walt Williams Construction, Inc., in the amount of $342,416.32 for the reconstruction of Walla Avenue(Walton Avenue to Wedgmont Circle South). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 19 C-16698 There was presented Mayor and Council Ord. #13398 Communication No. C-16698 from the City Ord. #13399 Manager recommending that the City Council: Ord. #13400 Ord. #13401 1. Accept a donation of$1,679,981.00 from the Ord. #13402 Library Foundation for the finish out of the Ratcliff first floor at Central Library, and Constructors, Inc. 2. Adopt Appropriation Ordinance No. 13398 increasing the estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of$1,000,000.00 from available funds for the purpose of funding a contract with Ratcliff Constructors, Inc.,for the construction of Plaza Level Finish out at Central Library, and 3. Authorize the transfer of$1,000,000.00 from the Capital Projects Reserve Fund to the Library Improvement Fund, and 4. Adopt Appropriation Ordinance No. 13399 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $109,550.56 from available funds for the purpose of funding a contract with Ratcliff Constructors, Inc., for the Construction of Plaza Level Finish out at Central Library, and 5. Authorize the transfer of $109,550.56 from the Special Trust Fund to the Library Improvement Fund, and � J CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 1998 PAGE 20 6. Adopt Appropriation Ordinance No. 13400 increasing the estimated receipts and appropriations in the Special Gift Fund in the amount of$38,330.97 from available funds for the purpose of funding a contract with Ratcliff Constructors, Inc., for the construction of Plaza Level Finish out at Central Library, and 7. Authorize the transfer of$38,330.97 from the Special Gift Fund to the Library Improvement Fund, and 8. Adopt Supplemental Appropriation Ordinance No. 13401 appropriating $251,105.00 to the General Fund and decreasing the unreserved, undesignated fund balance by the same amount for the purpose of providing funding for a contract with Ratcliff Constructors, Inc., for the construction of Plaza Level finish out at Central Library, and 9. Authorize the transfer of $251,105.00 from the General Fund to the Library Improvement Fund, and 10. Adopt Appropriation Ordinance No. 13402 increasing the estimated receipts and appropriations in the Library Improvement Fund in the amount of $3,144,667.53 from available funds for the purpose of funding a contract with Ratcliff Constructors, Inc., for the construction of Plaza Level finish out at Central Library, and CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 21 11. Authorize the City Manager to execute a contract with Ratcliff Constructors, Inc., for the construction of the Plaza Level Finish Out at the Central Library including Alternates 1B,2B, and 3 through 7 for$4,784,541.00 and duration of 330 calendar days. City Manager Terrell advised Council of some corrections to be made to Mayor and Council Communication No. C-16698, stating that the amount of $2,956,678.47 on Page No. 2, 3rd paragraph in the 4th line and in the next to the last line of this paragraph should be changed to $298269105.00. Pat Taylor Mr. Pat Taylor, 913 E. Northside Dr. #206, appeared before the City Council and expressed opposition to additional spending for the Central Library. Council Member Haskin made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. C-16698 be adopted, as amended. The motion carried unanimously. C-16699 There was presented Mayor and Council Community Communication No. C-16699 from the City Facilities Manager recommending that the City Council: Agreement with Prime Rail 1. Commit to utilize, upon appropriation by the Interest, Inc. City Council, $1.0 million of the $2.6 million approved in the 1998 Capital Improvements Program (CIP) for extension of Meacham Boulevard to fund the City's share of construction for a portion of the Meacham extension, and CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 24, 1998 PAGE 22 2. Commit to utilize, upon appropriation by the City Council, $3,194,465.00 in 1998 New Development funds for, and a. $416,769.00 in City participation for the project, and b. $2,777,696.00 for the Developer's share of the agreement, said funds to be repaid to the City (plus interest) within two years. 3. Authorize the City Manager to execute a Community Facilities Agreement with Prime Rail Interest, Inc. for the installation of community facilities for Meacham Boulevard and related improvements. On motion of Council Member Lane, seconded by Council Member Silcox, the recommendation was adopted. Council Member Lane excused himself from the Council table at this time. It appeared to the City Council that they set today as the date for a public hearing regarding the appeal for the Order of the Building Standards Commission regarding 805 Page. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Paul Bounds, representing Code Compliance, appeared before the City Council and advised Council that he had received a letter from Mr. Lipsett requesting an extension of two weeks. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 23 There being no one else present desiring to be heard, Council Member Hirt made a motion, seconded by Council Member Haskin, that the Council grant a two-week extension for the appeal of the Order of the Building Standards Commission regarding 805 Page. The motion carried unanimously. It appeared to the City Council that they set today as the date for a public hearing regarding the appeal for the Order of the Building Standards Commission regarding 3700 Castleman Street. Mayor Barr asked if there was anyone present desiring to be heard. Mayor Barr advised Council that if none of the Council Members objected that staff would be allotted seven minutes to give their report; that the appellant would also receive seven minutes; and that each one would receive a three minute rebuttal. Mr. Paul Bounds, representing Code Compliance, appeared before the City Council and presented a staff report regarding 3700 Castleman Street. Council Member Lane assumed his chair at the Council table at this time. Scott Davidson Mr. Scott Davidson, 2620 W. Arkansas Lane, Arlington, appeared before the City Council and advised Council that it was unreasonable and unattainable to completely rehab the property and bring it into full code compliance. He requested that he be granted the 90 days previously requested. Council Member Picht excused himself from the Council table at this time. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 1998 PAGE 24 There being no one else present desiring to be heard, Council Member McCloud made a motion,seconded by Council Member Wentworth, that the Council allow 30 days from today to complete the work on the property located at 3700 Castleman Street. The motion carried unanimously. It appeared to the City Council that they set today as the date for a public hearing regarding the appeal for the Order of the Building Standards Commission regarding 4100 Dowdell. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Paul Bounds, representing Code Compliance, appeared before the City Council and presented a staff report regarding 4100 Dowdell and advised Council that Mr. Davidson did not submit the written information regarding time of completion nor did he prove to the Commission that by the preponderance of evidence that it would take more than 30 days to complete the work. Council Member Picht assumed his chair at the Council table at this time. Scott Davidson Mr. Scott Davidson, 2620 W. Arkansas Lane, Arlington, appeared before the City Council and advised Council that it was unreasonable and unattainable to completely rehab the property and bring it into full code compliance. He requested that he be granted the 90 days previously requested. Mayor Barr inquired whether Mr. Davidson had owned this property since 1990 and stated that nothing had been done to bring it up to code until now. CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 24 , 1998 PAGE 25 Mr. Davidson advised the Council that the property was just declared substandard two years ago. Mr. Bounds advised Council that after the 30 days, staff would do an assessment on the property. There being no one else present desiring to be heard, Council Member McCloud made a motion,seconded by Council Member Haskin, that the Council allow 30 days from today to complete the work on the property located at 4100 Dowdell. The motion carried unanimously. It appeared to the City Council that they set today as the date for a public hearing regarding the appeal for the Order of the Building Standards Commission regarding 2351 Evans Ave. (aka 2301). Mayor Barr asked if there was anyone present desiring to be heard. Mr. Paul Bounds, representing Code Compliance, appeared before the City Council and presented a staff report regarding 2351 Evans Avenue (aka 2301) and advised Council that this case was somewhat different inasmuch as it involved commercial property and zoning issues. Scott Davidson Mr. Scott Davidson, 2620 W. Arkansas Lane, Arlington, appeared before the City Council and advised Council that he had submitted a code compliance agreement; that the property was advertized as a multi-family unit when he purchased the property; and requested time to have an opportunity to have the property rezoned so that it could be restored as an apartment complex. CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 24, 1998 PAGE 26 There being no one else present desiring to be heard, Council Member McCloud made a motion, seconded by Council Member Lane,that the Council allow 45 days from today to resolve this matter located at 2351 Evans Avenue (aka 2301). The motion carried unanimously. It appeared that the City Council at its meeting of March 12, 1998, continued the hearing of Domain Beach Ltd., for a change in zoning of property located at 2601 Carter Avenue from "B" Two- Family to "PD/SU" Planned Development/Specific Use for a Parking Lot, Zoning Docket No. Z-98-023 and site plan Zoning Docket No. SP-98-006. Mayor Barr asked if there was anyone present desiring to be heard. Kim Sallinger, Ms. Kim Sallinger, 1612 Summit, Mr. Ernest Ernest Hedgcoth and Hedgcoth, 5701-C Midway Road, and Gay Perry, Gay Perry 2500 Rand, appeared before the City Council and requested favorable consideration of the Council on Zoning Docket Nos. Z-98-023 and SP-98-006. Teresa L. Davis Ms. Teresa L. Davis, 2616 Carter, and Mr. Garrett Morris, 4004 Scenery Hill Court, appeared before the City Council and expressed opposition to the application of Domain Beach Ltd., Zoning Docket Nos. Z-98-023 and SP-98-006. There being no one else present desiring to be heard, Council Member McCloud made a motion, seconded by Council Member Lane, that Zoning Docket No. Z-98-023 and site plan Zoning Docket No. SP-98-006 be adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 27 There being no one else present desiring to be heard in connection with recommended changes and amendments to zoning Ordinance No.3011, Council Member Haskin made a motion, seconded by Council Member Hirt, that the zoning hearing be closed and the following ordinance be adopted: ORDINANCE NO. 13403 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 30119 AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF 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 OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A r CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 24, 1998 PAGE 28 PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. The City Council recessed for a ten minute break at 12:10 p.m. The Council meeting reconvened at 12:20 p.m. It appeared that the City Council at its meeting of March 17, 1998, continued the hearing of the Landscape Ordinance,Zoning Docket No.Z-94-080. Mayor Barr asked if there was anyone present desiring to be heard. The following speakers appeared before the City Council and requested favorable consideration of a Landscape Ordinance: Janice Michel, Janice Michel, 2115 Primrose Chris Molloy, Chris Molloy, 2525 Ryan Place Dr. Linda Clark, Jim Linda Clark, 2842 5th Avenue Boteler, Jim Jim Boteler, 2008 Mims Hodges, Ginger Jim Hodges, 2940 S. Jennings Morosky, Ray Ginger Morosky, 2517 Ryan Place Dr. Boothe, Gwen Ray Boothe, 607 W. Magnolia Ave. Neal, Joan Kline, Gwen Neal, 309 Crestwood Drive Gay Perry, David Joan Kline, 1215 Elizabeth Blvd. Cantu-Crouch, Betty Gay Perry, 2500 Randy Mars, Tony DiNicola, David Cantu-Crouch, 1820 S Henderson Judy Harman, Ben Betty Mars, 1821 Christopher Drive Ann Tomayko, Tony DiNicola, 4200 S. Hulen, Ste. 600 Francisco Hernandez, Judy Harman, 2222 Winton Terr. E. and Holt Hickman Ben Ann Tomayko, 2636 Stadium Drive Francisco Hernandez, 2108 Alston Avenue Holt Hickman, 6400 Merrymount CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 29 Bob Bolen, Mr. Bob Bolen, 4213 Candlewind Lane, David Dick Mitchell Mitchell,4808 Boulder Run,and Jerry Horton,2608 and Jerry Horton Carter Avenue, appeared before the City Council and advised Council that they were undecided about the landscape ordinance but stated that the economic development would dictate whether it was necessary. Clay Brants, The following speakers appeared before the City Glen Garoon, Council and expressed opposition to the proposed Denwood Butler, consideration of a Landscape Ordinance: Pat Taylor, Tom Palmer, Thomas Clay Brants, 3744 Somerset Lane Welsh, Jim Austin, Glen Garoon, 3301 Hulen Street J. B. Davies, and Denwood Butler, 6724 Woodstock Road Rusty Arnold Pat Taylor, 913 E. Northside Drive Tom Palmer, 4405 Brampton Ct. Thomas Welsh, 4301 Crestline Road Jim Austin, 100 E. Mason Street J. B. Davies, 2801 Westfield Rusty Arnold, 5725 6th Avenue There being no one else desiring to be heard, Council Member Haskin made a motion, seconded by Council Member Hirt, that the landscape ordinance be approved and adopted, as amended, by deleting the use of required parking in exception of the calculations of the net site area definition; making the number of required trees and shrubs consistent throughout the ordinance (1 shrub for 50 square feet/ 1 tree for 500 square feet); deleting any reference to the usage of landscaping in the parkway; and including the use of Table A for industrial and mobile home use. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 1998 PAGE 30 AYES: Mayor Barr; Council Members Lane,Haskin,McCloud,and Hirt NOES: Mayor Pro tempore McCray; Council Members Silcox, Picht, and Wentworth ABSENT: None ORDINANCE NO. 13404 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 30119 AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED,BY AMENDING SECTION 1 TO ADD DEFINITIONS OF "ARTIFICIAL LOT", "CALIPER","COMMERCIAL/INSTITUTIONAL USE", "DEVELOPED SITE", "INDUSTRIAL USE", "LANDSCAPE AREA", "LANDSCAPE PLAN", "MOBILE HOME USE", "NET SITE AREA", "PARKWAY", AND "UNDEVELOPED SITE"; CREATING A NEW SECTION 18, SUBSECTION "E", "LANDSCAPE REQUIREMENTS" PROVIDING FOR REQUIRED LANDSCAPING OF CERTAIN COMMERCIAL, INDUSTRIAL, INSTITUTIONAL AND MOBILE HOME DEVELOPMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24 , 1998 PAGE 31 [A detailed summary of the proposed amendments to the March 20, 1998 Landscape Ordinance was included in the Council Proceedings File of this meeting.] Citizens Presentation Pat Taylor Mr. Pat Taylor, 913 E. Northside Drive, #206, appeared before the City Council and expressed concern relative to the services provided by The "T", and also relative to the repair of a pothole on Houston Street between 6th and 7th Street. Mayor Barr requested City Manager Terrell to investigate the issue regarding the pothole and have it repaired. It was the consensus of the City Council that the Council meet in a closed session at 1:57 p.m. for the following purposes: 1. To seek the advice of its attorneys concerning the following pending litigation or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: a) Contemplated litigation against Jerry Barnhill b) City of Fort Worth v. City of Dallas et al., Cause No. 48-171109-97 c) City of Dallas v. City of Fort Worth et al., Cause No. 3:97-CV-2734-T CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 24, 1998 PAGE 32 as authorized by Section 551.071 of the Texas Government Code. 2. To discuss the appointment of a successor to the City Secretary, as authorized by Section 551.074 of the Texas Government Code. Adjournment There being no further business, the meeting was adjourned at 3:15 p.m. 4� t�� CITY SECRETARY MAYOR