HomeMy WebLinkAbout1998/03/12-Minutes-City Council CITY COUNCIL MEETING
MARCH 12, 1998
Date & Time On the 12th day of March, A.D., 1998, the City
Council of the City of Fort Worth, Texas, met in
regular session, at 7:10 p.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 a quorum present, the following
business was transacted:
Invocation The invocation was given by Reverend Clyde
Glazener, Gambrell Street Baptist Church.
Pledge The Pledge of Allegiance was recited.
Minutes On motion of Council Member Haskin, seconded by
Mayor Pro tempore McCray, the minutes of the
regular meeting of March 3, 1998, were approved
unanimously.
Special Certificates of Recognition were presented to
Presentations Former Boards and Commission Members.
Council Member Haskin presented Honorary
Citizenship Certificates to Jean Steppe and Ann-
Marie Paquet from Finnevaux-Houyet, Belgium.
Council Member Hirt presented Proclamations to
the Outstanding Women of Fort Worth Annual
Recipients from the Fort Worth Commission on the
Status of Women.
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CITY COUNCIL MEETING
FORT WORTH,TEXAS
MARCH 12, 1998
PAGE 2
Withdrawn/ City Manager Terrell requested that Mayor and
Consent Agenda Council Communication No. G-12154 be withdrawn
from the consent agenda.
Continued/ City Manager Terrell requested that Mayor and
Withdrawn Council Communication No. G-12145 be continued
for one week and Mayor and Council
Communication No. G-12154 be withdrawn from
the agenda.
Consent Agenda On motion of Council Member Silcox, seconded by
Council Member Haskin, the consent agenda, as
amended, was adopted unanimously.
Appointment Council Member Hirt advised Council that the
Governmental Relations Committee recommended
that Ms. Katherin Baker be appointed to the Fort
Worth Human Relations Committee; that Mr.
Ernest Johnson and Ms. Carol Turner be appointed
to Places 6 and 7 on the Board of Adjustment and
the Fort Worth Alliance Airport Board of
Adjustment; and that Mr. Ruben Gonzales be
appointed to the Ethics Review Committee and
made a motion, seconded by Mayor Pro tempore
McCray, that the recommendation be adopted.
Council Member Silcox made a substitute motion,
seconded by Council Member Wentworth, that the
appointments as recommended by the
Governmental Relations Committee be approved,
with the exception of the Ethics Review Committee
to allow for further consideration of candidates.
The motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 3
Council Member Picht made a motion, seconded by
Council Member Silcox, that Dr. Jane Gatewood
White be appointed to Place 6 on the Library
Advisory Board, with a term of office expiring
October 1, 1998. He also expressed appreciation for
Wanda Woods' many years of service to the City.
The motion carried unanimously.
Council Member Wentworth made a motion,
seconded by Mayor Pro tempore McCray, that Ms.
Ann McKinney be appointed to Place 7 on the
Library Advisory Board, with a term of office
expiring October 1, 1999. The motion carried
unanimously.
MCAC No. 55 There was presented Municipal Court Advisory
Appointment of Committee Recommendation No. 55 recommending
Municipal Judges, that the City Council appoint Ninfa Mares as Chief
Designation of Judge; James Riddell as Deputy Chief Judge,Steven
Chief Judge & Williamson, Larry Reed, Sharon Newman-Stanfield,
Deputy Chief J. Daniel Rodgers, Jennifer S. Rymell, and Jo Ann
Judge & Reyes as Municipal Judges, and that the judges
Salary Increases receive a five percent salary increase, effective the
first pay period in April 1998. On motion of
Council Member Haskin, seconded by Council
Member Lane, the recommendation was adopted.
MCAC No. 56 There was presented Municipal Court Advisory
Appointment of Committee Recommendation No. 56 recommending
Substitute that the City Council appoint Yolanda A. Bernal,
Municipal Annjenet Chennault,Michael S. Newman,James O.
Judges Price, Seymour Roberts, Jr., Edward B. Valverde,
and Ingrid S. Strombert as Substitute Municipal
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 4
Judges for one year terms, commencing April 1,
1998 and ending March 31, 1999, or until a
successor is qualified and appointed in accordance
with state law. On motion of Council Member
Haskin, seconded by Council Member McCloud,
the recommendation was adopted.
MCAC No. 57 There was presented Municipal Court Advisory
Appointment of Committee Recommendation No. 57 recommending
Hearing Officer, that the City Council appoint Grady Anderson, Jr.,
Parking Violations as Hearing Officer, Parking Violations Bureau, for
Bureau, & Salary a two year term commencing April 1, 1998, and
Increase ending March 31, 2000, or until a successor is
qualified and appointed; and recommending that
Mr.Anderson receive a five percent salary increase,
effective the first pay period in April 1998. On
motion of Council Member Haskin, seconded by
Council Member McCloud the recommendation was
adopted.
OCS-966 There was presented Mayor and Council
Claims Communication No. OCS-966 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.
L-12145 It was the consensus of the City Council that Mayor
Continued and Council Communication No. L-12145,
for One Week Appropriation of Awarded Assets Funds for
Assignment Pay for Neighborhood Policing District
Lieutenants and Field Operations Bureau Deputy
Chief and for Various Purposes, be continued for
one week.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 5
It appeared to the City Council that on March 3,
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.
Ms. Pamela Ware-Brooks, representing the Inter-
governmental Affairs and Grants Management
Department, appeared before the City council,
presented a staff report and advised Council that
this public hearing was to receive comments from
citizens and advised Council that the hearing would
remain open until March 24, 1998, to allow for any
additional comments. She called attention of the
Council to Mayor and Council Communication No.
G-12149, as follows:
G-12149 There was presented Mayor and Council
1998-1999 Communication No. G-12149 from the City Manager
COFW recommending that the City Council:
Consolidated
Action Plan 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 grants fund in the amount up to
$7,632,000.00 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
receipt of the grant for the purpose of funding
the 1998-1999 City of Fort Worth
Consolidated Action Plan, and
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 6
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.
There being no one else present desiring to be heard,
it was the consensus of the City Council that the
hearing be continued until March 17, 1998.
G-12151 There was presented Mayor and Council
Traffic Communication No. G-12151 from the City
Signal Manager recommending that the City Council
Installation authorize the installation of a new traffic signal at
the intersection of Boat Club Road (FM 1220) and
Cromwell Marine Creek Road. It was the consensus
of the City Council that the recommendation be
adopted.
G-12152 There was presented Mayor and Council
Ord. #13381 Communication No. G-12152 from the City
Awarded Manager recommending that the City Council adopt
Assets Funds Ordinance No. 13381 increasing the estimated
receipts and appropriations in the Special Trust
Fund, State Awarded Assets, in the amount of
$237,000.00 from available funds for the purpose of
funding overtime pay for Traffic Enforcement. It
was the consensus of the City Council that the
recommendation be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 7
G-12153 There was presented Mayor and Council
Payment to Communication No. G-12153 from the City
Gerald Pruitt Manager recommending that the City Council
Attorney for confirm the engagement of Gerald Pruitt to
Lt. Richard L. represent Police Lt. Richard L. Clark in the lawsuit
Clark Lawsuit of A.J. Singleton vs. the City of Fort Worth, Texas,
et al, Cause No. 17-165206-96, and authorize the
payment of reasonable attorney's fees not to exceed
$30,000.00. It was the consensus of the City Council
that the recommendation be adopted.
G-12154 It was the consensus of the City Council that Mayor
Withdrawn and Council Communication No. G-12154,Payment
of Attorney's Fees to Haynes and Boone as Legal
Counsel to Represent City Manager Bob Terrell in
the Lawsuit of A.J. Singleton vs. The City of Fort
Worth, Texas, et al.; Cause No. 17-165206-96, be
withdrawn from the agenda.
G-12155 There was presented Mayor and Council
Adopt City Communication No. G-12155 from the City
of Fort Worth Manager recommending that the City Council adopt
Banner Policy & the "City of Fort Worth Banner Policy and
Procedures Procedures". On motion of Council Member
Haskin, seconded by Council Member Lane, the
recommendation was adopted.
G-12156 There was presented Mayor and Council
Ord. # 13382 Communication No. G-12156 from the City
Budget Manager recommending that the City Council adopt
1998 Summer Supplemental Appropriation Ordinance No. 13382
Works Program appropriating $65,000.00 to the General Fund, and
decreasing the unreserved, undesignated general
i
CITY COUNCIL MEETING
FORT WORTH,TEXAS
MARCH 12, 1998
PAGE 8
fund balance by the same amount for the purpose of
providing funding for the 1998 Summer Works
Program. On motion of Council Member McCloud,
seconded by Council Member Haskin, the
recommendation was adopted unanimously.
Council Member McCloud excused himself from the
Council table at this time.
G-12157 There was presented Mayor and Council
Res. # 2381 Communication No. G-12157 from the City
Payment to Kelly, Manager recommending that the City Council adopt
Hart & Hallman in Resolution No. 2381 increasing to $225,000.00 the
Lawsuit - City of maximum amount authorized to be paid to Kelly,
Fort Worth vs. City Hart & Hallman for legal services in the lawsuits
of Dallas et al. & City entitled City of Fort Worth vs. City of Dallas et al.
of Dallas vs. City of and City of Dallas vs City of Fort Worth et al.
of Fort Worth et al.
Greg Hughes Mr. Greg Hughes, 2544 Stadium Drive, appeared
before the City Council and expressed opposition to
the approval of Mayor and Council Communication
No. G-12157. He suggested that the City have an
independent audit performed and let them
determine whether this action was necessary.
Council Member Lane made a motion, seconded by
Council Member Haskin, that Mayor and Council
Communication No. G-12157 be adopted. The
motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH,TEXAS
MARCH 12, 1998
PAGE 9
G-12158 There was presented Mayor and Council
Settlement of Communication No. G-12158 from the City
Lawsuit - Gary Manager recommending that the City Council:
Ray Stovall, v.
City of Fort Worth, 1. Approve the proposed settlement of Lawsuit
Darryl Smith entitled Gary Ray Stovall, by next friend
Defendants Cause Teresa Merlene Stovall, Teresa Merlene
141-160481-95 Stovall, Monica Jo Stovall, and James
Matthew Stovall, Plantiffs, v. City of Fort
Worth, Darryl E. Smith, Defendants, Cause
No. 141-160481-95, and
2. Authorize the payment of$125,000.00 to Gary
Ray Stovall, by Next Friend Teresa Merlene
Stovall, Teresa Merlene Stovall, Monica Jo
Stovall, and their attorney M. Greg Mullanax
(Note: It may be necessary to make a portion
of the settlement amount indicated above
payable to the Tarrant County District Clerk
for deposit into the registry of the Court for
the benefit of James Matthew Stovall,a minor
Plaintiff. That amount will be determined by
the Court); and
3. Authorize the payment of an amount not to
exceed $5,000.00 of Plaintiffs' taxable court
costs pertaining to the case and guardian ad
litem fees pertaining to the related
guardianship proceeding in the Probate Court
concerning Gary Ray Stovall. Such payment
should be made to the same payees indicated
in recommendation 2; and
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 10
4. Authorize the appropriate City
representatives to execute the documents
necessary to complete the proposed
settlement. This authority is intended to
include, but not be limited to, any necessary
general releases of claims pertaining to the
subject matter of this case.
On motion of Council Member Lane, seconded by
Council Member Haskin, the recommendation was
adopted.
G-12159 There was presented Mayor and Council
Res. # 2382 Communication No. G-12159 from the City
Appraisal Manager recommending that the City Council adopt
District's Resolution No. 2382 approving a proposal by the
Acquisition of Tarrant Appraisal District Board of Directors to
Property construct a new office building for district
operations. On motion of Council Member Lane,
seconded by Council Member Haskin, the
recommendation was adopted unanimously.
G-12160 There was presented Mayor and Council
Reduction of Communication No. G-12160 from the City
Licensing Tag Manager recommending that the City Council
for Rabies reduce the Public Health Department's licensing tag
Vaccination fee from $7.00 to $3.00 per altered animal and from
Clinics $12.00 to $5.00 per unaltered animal receiving
rabies vaccinations at low cost vaccination clinics to
be held in selected low income or Model Block areas
during FY 1998. On motion of Council Member
Silcox, seconded by Council Member Lane, the
recommendation was adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 11
G-12161 There was presented Mayor and Council
Ord. # 13383 Communication No. G-12161 from the City
Maintenance of Manager recommending that the City Council:
Burnett Park
1. Accept a contribution from Downtown Fort
Worth, Inc., in the amount of$181,770.00 to
offset one year's operating and maintenance
costs for Burnett Park, and
2. Adopt Appropriation Ordinance No. 13383
increasing the estimated receipts and
appropriations in the Special Trust Fund in
the amount of $181,770.00 from available
funds for the purpose of funding the
maintenance of Burnett Park for FY 1997-98.
On motion of Council Member Wentworth,
seconded by Council Member Silcox, the
recommendation was adopted.
P-8545 There was presented Mayor and Council
Purchase Communication No. P-8545 from the City Manager
One Sewer recommending that the City Council authorize the
Flusher Truck purchase of one sewer flusher truck through the
Houston Galveston Area Council (HGAC) for an
amount not to exceed $91,048.93, f.o.b. destination,
freight no charge and payment terms net 30 days. It
was the consensus of the City Council that the
recommendation be adopted.
P-8546 There was presented Mayor and Council
Purchase Communication No. P-8546 from the City Manager
Agreement recommending that the City Council authorize a
with ABV purchase agreement with ABV Graphics
Graphics Incorporated for printing and graphic supplies for
Incorporated the Reprographics Department on overall low bid
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 12
meeting specifications, with payment terms net 30
days, freight on board destination, no charge with
unit prices, with agreement to begin March 19,
1998, and end March 18, 1999, with the option to
renew for one additional year. It was the consensus
of the City Council that the recommendation be
adopted.
P-8547 There was presented Mayor and Council
Purchase Communication No. P-8547 from the City Manager
Agreement recommending that the City Council authorize a
with Videotex purchase agreement with Videotex Systems
Incorporated for video processor paper for the
Police Department on overall low bid meeting
specifications, with payment terms net 30 days,
freight on board destination, prepaid freight added
to invoice,with unit prices, with agreement to begin
March 23, 1998, and end March 22, 1999, with no
option to renew. It was the consensus of the City
Council that the recommendation be adopted.
P-8548 There was presented Mayor and Council
Purchase Communication No. P-8548 from the City Manager
Agreement recommending that the City Council authorize a
with ITT Flygt purchase agreement for submersible pump parts
Corporation and repair for the Water Department with ITT
Flygt Corporation based on sole source bid, with
payment terms net 30 days, f.o.b. Carrollton, TX,
freight prepaid and added to invoice, with
agreement to begin March 11, 1998, and expire on
March 10, 1999, with options to renew for two
additional one-year periods. It was the consensus of
the City Council that the recommendation be
adopted.
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CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 13
P-8549 There was presented Mayor and Council
Purchase Communication No. P-8549 from the City Manager
Agreement recommending that the City Council authorize a
with RTW purchase agreement for maintenance of variable
Drives & frequency drive equipment and circuit boards for
Controls the Water Department with RTW Drives and
Controls based on low bid, with payment terms net
30 days, f.o.b. shipping point, freight prepaid and
added to invoice,with agreement to begin March 11,
1998, and expire on March 10, 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-8550 There was presented Mayor and Council
Purchase Communication No. P-8550 from the City Manager
Fertilizer, recommending that the City Council authorize the
Mulch, & purchase of fertilizer, mulch, and seed from
Seed multiple vendors for the Parks and Community
Services Department, based on lowest qualifying
bids, terms net 30 days, fo.b. destination, freight no
charge. It was the consensus of the City Council that
the recommendation be adopted.
P-8551 There was presented Mayor and Council
Renew Communication No. P-8551 from the City Manager
Purchase recommending that the City Council exercise the
Agreement option to renew a purchase agreement for
with Peakload temporary labor for the Public Events Department
Temporary with Peakload Temporary Services, based on an
Services hourly rate of $8.85, with payment terms net 30
days, with agreement to begin March 23, 1998, and
expire on March 22, 1999, with an option to renew
for one additional year. It was the consensus of the
City Council that the recommendation be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 14
L-12203 There was presented Mayor and Council
Acquisition of Communication No. L-12203 from the City
One permanent Manager recommending that the City Council
Sanitary Sewer approve the acquisition of one permanent sanitary
Easement sewer easement (PE) out of the G.W. Shamblin
Survey, Abstract No. 1191 and the J. Daniels
Survey, Abstract No. 349 at a cost of $10.00 from
Beechwood Business Park. It was the consensus of
the City Council that the recommendation be
adopted.
L-12204 There was presented Mayor and Council
Acceptance of Communication No. L-12204 from the City
Water Line Manager recommending that the City Council
Easement accept one water line easement (Lot 3R9, Block 2,
Cityview Addition) for a total of$1.00 from Hulen
Hospitality L.L.P. to serve the new Holiday Inn
Express. It was the consensus of the City Council
that the recommendation be adopted.
L-12205 There was presented Mayor and Council
Settlement in Communication No. L-12205 from the City
Lieu of Manager recommending that the City Council
Condemnation authorize the acquisition of 75.541 acres adjacent to
For Acquisition the north right-of-way of State Frontage Road,
of 75.541 acres Highway 114/121 in the City of Grapevine, Tarrant
of land County, Texas for the D/FW Airport Expansion
Project, and authorize the sum of$29,568,176.00 as
the final negotiated settlement and just
compensation to be paid to Trinity Industries, Inc.,
and authorize the City Manager to accept and
record the appropriate instruments. It was the
consensus of the City Council that the
recommendation be adopted.
CITY COUNCIL MEETING
FORT WORTH,TEXAS
MARCH 12, 1998
PAGE 15
L-12206 There was presented Mayor and Council
Acquisition of Communication No. L-12206 from the City
Three permanent Manager recommending that the City Council
Sanitary Sewer approve the acquisition of three permanent sanitary
Easements sewer easement(PE) at a cost of$21.00 from Mount
Olivet Cemetery Association and Tarrant County
Regional Water District out of the J.P. Thomas
Survey and P. Schoonover Survey. It was the
consensus of the City Council that the
recommendation be adopted.
L-12207 There was presented Mayor and Council
Acquisition of Communication No. L-12207 from the City
Eleven Permanent Manager recommending that the City Council
Sanitary Sewer approve the acquisition of eleven permanent
Easements sanitary sewer easements (PE) required for
rehabilitation of Sanitary Sewer Mains M-183 and
M-333 at a total cost of $825.00. It was the
consensus of the City Council that the
recommendation be adopted.
L-12208 There was presented Mayor and Council
Acquisition of Communication No. L-12208 from the City
One permanent Manager recommending that the City Council
UtilityEasement approve the acquisition of one permanent utility
easement described as being Block 1, Boswell
Industrial Park Addition from James B. Heth; find
that a total of$2,500.00 is just compensation; and
authorize the City Manager to accept and record the
appropriate documents. It was the consensus of the
City Council that the recommendation be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 16
C-16660 There was presented Mayor and Council
Pipeline Communication No. C-16660 from the City
Crossing Manager recommending that the City Council
Agreement approve a Pipeline Crossing Agreement with Union
Pacific Railroad Company to construct an
underground pipe for a one time payment of
$4,375.00 to Union Pacific Railroad Company and
a one time administrative fee of$500.00 to Southern
Pacific Railroad. It was the consensus of the City
Council that the recommendation be adopted.
C-16661 There was presented Mayor and Council
Oldani Communication No. C-16661 from the City
Group Manager recommending that the City Council
authorize the City Manager to execute a contract
with The Oldani Group for executive search
consultant services for the recruitment and selection
of an Assistant Director of Transportation and
Public Works (TPW) for an amount not to exceed
$29,000.00 for fees and expenses. It was the
consensus of the City Council that the
recommendation be adopted.
C-16662 There was presented Mayor and Council
Community Communication No. C-16662 from the City
Facilities Manager recommending that the City Council
Agreement authorize the City Manager to execute a
with Pulte Community Facilities Agreement with Pulte Home
Home Corp. Corporation for the installation of community
facilities for Park Bend Estates, Phase V. It was the
consensus of the City Council that the
recommendation be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 17
C-16663 There was presented Mayor and Council
Community Communication No. C-16663 from the City
Facilities Manager recommending that the City Council
Agreement authorize the City Manager to execute a
with D.R. Community Facilities Agreement with D.R.Horton-
Horton - Texas, Ltd. Texas, Ltd., for the installation of community
facilities for Trace Ridge Addition, Phase I. It was
the consensus of the City Council that the
recommendation be adopted.
C-16664 There was presented Mayor and Council
Henderson Communication No. C-16664 from the City
Construction, LLP Manager recommending that the City Council
authorize the City Manager to execute a contract
with Henderson Construction,LLP in the amount of
$192,536.00 for Unit 1: 8-inch water main and fl-
inch sanitary sewer main replacement in Monmouth
Drive (Brandon Lane to Slade Boulevard) and
Valencia Court (Monmouth Drive to Dead-End). It
was the consensus of the City Council that the
recommendation be adopted.
C-16665 There was presented Mayor and Council
Amendment to Communication No. C-16665 from the City
Laboratory Manager recommending that the City Council
Analytical authorize the City Manager to execute contract
Services Contracts amendments with Armstrong Forensic Laboratory,
Inc. (City Secretary Contract "CSC' No 22489) and
Certes Environmental Laboratory (CSC No. 22486)
to reflect new testing now required by the Texas
Natural Resource Conservation Commission
(TNRCC). It was the consensus of the City Council
that the recommendation be adopted.
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CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 18
C-16666 There was presented Mayor and Council
Amendment Communication No. C-16666 from the City
to Gas Supply Manager recommending that the City Council
authorize the City Manager to execute an
amendment to City Secretary Contract No. 23122
with Enserch Energy Services, Inc. for the purchase
of an additional supply of natural gas. It was the
consensus of the City Council that the
recommendation be adopted.
C-16667 There was presented Mayor and Council
Rejection of Communication No. C-16667 from the City
Bids Manager recommending that the City Council
rejects all bids received for the construction of
Beddel Street (Sixth Avenue to S. Adams Street),
Frazier Street (Boyce Avenue to Broadus Avenue)
and Broadus Avenue (Frazier Street to William
Fleming Court). It was the consensus of the City
Council that the recommendation be adopted.
C-16668 There was presented Mayor and Council
Ord. # 13384 Communication No. C-16668 from the City
Texas Manager recommending that the City Council:
Department
of Housing & 1. Authorize the City Manager to accept funds
Community in the amount of$848,664.00 from the Texas
Affairs Department of Housing and Community
Affairs for the Community Services Block
Grant for the 1998 funding year, and
2. Accept the 1997 Incentive Award of$3,400.00,
and
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 19
3. Adopt Appropriation Ordinance No. 13384
increasing the estimated receipts and
appropriations in the Grant Fund in the
amount of$852,064.00 subject to the receipt
of the grant from the Texas Department of
Housing and Community Affairs for the
purpose of funding various Community
Services Block Grant Programs, and
4. Apply indirect cost rates in accordance with
the City's Administrative Regulations 3-15,at
a rate of 26.31 percent, which represents the
most recently approved rate for this
department, and apply the new, approved
rate when available.
It was the consensus of the City Council that the
recommendation be adopted.
Council Member McCloud assumed his chair at the
Council table at this time.
C-16669 There was presented Mayor and Council
Personal Communication No. C-16669 from the City
Services Manager recommending that the City Council
Contract authorize the City Manager to enter into a one-year
with Charles contract agreement with Charles W. Evans for
W. Evans personal services involving consultation and
representation related to issues of concern to the
City of Fort Worth before the state legislature, the
state agencies and commissions, and the Governor,
with agreement to begin March 1, 1998, and expire
on February 28, 1999, with a one-year option to
renew at the same terms and conditions.
CIE)
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 20
Council Member Haskin made a motion, seconded
by Council Member Lane, that Mayor and Council
Communication No. C-16669 be adopted. The
motion carried by the following vote:
AYES: Mayor Barr; Mayor Pro tempore
McCray; Council Members Lane,
Haskin, Picht, Wentworth,
McCloud, and Hirt
NOES: Council Member Silcox
ABSENT: None
C-16670 There was presented Mayor and Council
Fair Housing Communication No. C-16670 from the City
Agreements with Manager recommending that the City Council
U.S. Department authorize the City Manager to execute four
of Housing & contractual agreements with the U.S. Dept. of
Urban Development Housing and Urban Development (HUD), the Texas
Commission on Human Rights, Temple-Inland
Mortgage Company, Banc One Mortgage
Corporation, Overton Bank and Trust, and A-Plus
Mortgage Corporation for the performance of Fair
Housing-related actions in Fort Worth. On motion
of Council Member McCloud, seconded by Council
Member Lane, the recommendation was adopted.
It appeared to the City Council that they set today
as the date for a public hearing regarding the appeal
of the Order of the Building Standards Commission
regarding 4909 East Lancaster. Mayor Barr asked
if there was anyone present desiring to be heard.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 21
Mr. Paul Bounds, representing the Code
Compliance Division, appeared before the City
Council and gave a brief report and recommended
that the City Council assess charges of$18,000.00 to
Mr.Barnhill,which was a reduction from $60,000.00
assessed for delaying the demolition of buildings at
the Magnolia Place apartment complex.
Assistant City Attorney Marcia Wise appeared and
explained that the penalties were being assessed as a
result of the order for demolition of certain buildings
located at 4909 East Lancaster that were to be
demolished and were not. She advised Council that
the City followed State Law and read a section from
Chapter 214, and stated that they were pursuing
$1,000.00 per day, but the City Council could decide
on a lesser amount if they desired.
Lee Thomas Mr.Lee Thomas,attorney for Jerry Barnhill,507 W.
Central Avenue, appeared before the City Council
and expressed their position of ownership of the
subject property, stating that Mr. Barnhill should
not have been fined for time when he did not own
the property.
Sheldon Anisman Mr. Sheldon Anisman, representing the purchaser of
said property,appeared before the City Council and
advised Council that his clients wanted to refurbish
the apartment complex.
Gay Perry Ms. Gay Perry,2500 Rand, appeared before the City
Council and expressed concern regarding the living
conditions of residents and stated that Mr. Barnhill
should be made to pay the fine.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 22
Ms. Wise further stated that additional penalties
were still accruing against the present owner, but
stated that the Building Standards Commission
would need to hold a hearing for the other buildings.
There being no one else present desiring to be heard,
Council Member Haskin made a motion, seconded
by Council Member McCloud, that the Council
modify the Building Standards Commission
recommendation to reduce the charges to
$18,000.00. The motion carried by the following
vote:
AYES: Mayor Barr; Mayor Pro tempore
McCray; Council Members
Silcox,Haskin,Picht,Wentworth,
McCloud, and Hirt
NOES: Council Member Lane
ABSENT: None
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 1900-36 Handley Drive.
Mayor Barr asked if there was anyone present
desiring to be heard.
Assistant City Attorney Marcia Wise appeared and
explained that a motion was approved at the
Building Standards Commission to reconsider the
hearing of demolition of property located at 1900-36
Handley Drive, but stated that the re-hearing was
scheduled for March 23. She advised Council that
Mr. Hutter had no grounds for appeal at this time
since he was not "aggrieved".
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 23
Jim Schell Mr. Jim Schell, representing Mr. Hutter, 901 Fort
Worth Club Building, appeared before the City
Council and advised Council that his client was
"aggrieved;" stated that his client had a buyer for
the property; and that the process was prohibiting
the contract. He further stated that the City could
not show any rules of procedure relative to
reconsideration. He also advised Council that the
new owner was in agreement to abide by the same
plan as Mr. Hutter.
City Attorney Adkins explained the two choices to
the City Council stating that they could dismiss the
appeal for lack of jurisdiction; or, grant the appeal
because the Building Standards Commission had no
right to reconsider the order.
Council Member Haskin made a motion that the
appeal of the Order of the Building Standards
Commission regarding 1900-36 Handley Drive be
dismissed.
The motion died for lack of a second.
Council Member Wentworth made a motion,
seconded by Council Member Lane, that the Council
uphold the appeal because the Building Standards
Commission did not have the authority to reconsider
the order. The motion carried by the following vote:
CITY COUNCIL MEETING
FORT WORTH,TEXAS
MARCH 12, 1998
PAGE 24
AYES: Mayor Pro tempore McCray;
Council Members Lane, Silcox,
Picht, Wentworth, and Hirt
NOES: Mayor Barr; Council Members
Haskin and McCloud
ABSENT: None
Citizens Morton Wendell and George Alvarado,
Presentation representing Leadership Paschal, 3001 Forest Park
Morton Wendell Blvd., appeared before the City Council and
George Alvarado expressed concern relative to the time allotted for
pedestrians to cross Berry Street safely.
Z-97-139 It appeared that the City Council at its meeting of
Continued February 10, 1998, continued the hearing of Basic
Until Capital Management Inc. by Carter & Burgess,Inc.
April 14, 1998 for a change in zoning of property located in the
3700 Block of Keller-Hicks Road from "AG"
Agricultural to "A" One-Family, "R-1" Residential,
"C" Multi-Family, "E" Commercial, "CF"
Community Facility & "I" Light Industrial, Zoning
Docket No. Z-97-139. Mayor Barr asked if there
was anyone present desiring to be heard.
Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building,
appeared before the City Council and requested that
the application of Basic Capital Management, Inc.,
be continued until the April 14, 1998 Council
meeting.
CITY COUNCIL MEETING
FORT WORTH,TEXAS
MARCH 12, 1998
PAGE 25
Council Member Haskin made a motion, seconded
by Council Member McCloud, that the application
of Basic Capital Management, Inc. for a change in
zoning of property located in the 3700 block of
Keller-Hicks Road,Zoning Docket No. Z-97-139, be
continued until April 14, 1998. The motion carried
unanimously.
Pauline Cendroski Ms. Pauline Cendroski, 6006 North Ridge Road,
appeared before the City Council and expressed
opposition to the application of Binary Investments,
Inc. for a change in zoning of property located at
3200 NW Loop 820, Zoning Docket No. Z-97-166.
Z-97-166 Council Member Wentworth made a motion,
Continued seconded by Mayor Pro tempore McCray, that the
Until application of Binary Investments, Inc. for a change
April 14, 1998 in zoning of property located at 3200 NW Loop 820,
Zoning Docket No. Z-97-166, be continued until
April 14, 1998. The motion carried unanimously.
Z-94-080 It appeared that the City Council at its meeting of
Continued March 3, 1998, continued the hearing of the
Unttl Landscape Ordinance. Mayor Barr asked if there
March 17, 1998 was anyone present desiring to be heard.
Richard Linnartz, The following speakers appeared before the City
Gay Perry,Bill Leary, Council and requested favorable consideration of a
Eunice Givens, Landscape Ordinance:
Jimmy Madison,
Betty Mars, Richard Linnartz, 1400 Robinwood Dr.
James Nader, Gay Perry, 2500 Rand
Clifford Proffitt, Bill Leary, 4458 Homestead Circle
Tony DiNicola Eunice Givens, 5500 Stafford Dr.
Jimmy Madison, 7309 Fuller Circle
Betty Mars, 1821 Christopher
CITY COUNCIL MEETING
FORT WORTH,TEXAS
MARCH 12, 1998
PAGE 26
James Nader, 1200 Summit
Clifford Proffitt, 1212 North Riverside Dr.
Tony DiNicola, 4404 Fiesta Circle
Glenn Garoon, The following speakers appeared before the City
Sharon Armstrong, Council and expressed opposition to the proposed
Denwood Butler, consideration of a Landscape Ordinance:
Thomas Welsh,
Tom Wilson, Glenn Garoon, 3742 Shelby Dr.
Clay Brants, Sharon Armstrong, 4605 Virgil
Vic Tinsley, John Maddux, 2120 Ridgmar Blvd. #14
John Maddux, and Denwood Butler, 6724 Woodstock Road
H. Dennis Hopkins Thomas Welsh, 4301 Crestline Road
Tom Wilson, 4854 River Ranch Blvd. #1816
Clay Brants, 3744 Somerset Lane
Vic Tinsley, 5013 Highland Meadow
H. Dennis Hopkins, 6850 Manhattan Blvd.
It was the consensus of the City Council, that Zoning
Docket No. Z-94-080, Landscape Ordinance, be
delayed for action until March 24, 1998, and keep
the public hearings open for the next two meetings.
It appeared to the City Council that Resolution No.
2377 was adopted on February 17, 1998, setting
today as the date for the hearing in connection with
recommended changes and amendments to Zoning
Ordinance No. 3011, and that notice of the hearing
had been given by publication in the Fort Worth
Star-Telegram on February 23, 1998, the official
newspaper of the City of Fort Worth. Mayor Barr
asked if there was anyone present desiring to be
heard.
Council Member Haskin excused herself from the
Council table at this time.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 27
Z-97-048 Council Member Hirt made a motion, seconded by
SP-97-027 Council Member McCloud, that the application of
Approved Randy Reynolds for a change in zoning of property
located at 4520 Hemphill Street, from "E"
Commercial to "PD/SU" Planned
Development/Specific Use for automobile sales and
parking area for used cars & storage, Z-97-048 and
site plan Zoning Docket No. SP-97-027, be
approved. The motion carried unanimously.
Z-97-118 Council Member Hirt made a motion, seconded by
SP-98-005 Mayor Pro tempore McCray, that the application of
Approved Randy Reynolds for a change in zoning of property
located at 522 W. Hammond & 553 W. Gambrell,
from "B" Two-Family to "PD/SU" Planned
Development/Specific Use for auto sales and
parking for used cars & storage subject to the
following:
1. All improvements to be completed within 9
months of passage of the Zoning request;
2. Paving of the north/south alley per City
standards;
3. No salvaged, wrecked or parts vehicles to be
stored on the property;
4. Provisions of 6' wood screen fence per Section
18.D on the east, and north & south street
sides of the property per submitted site plan
and a 6' chain link fence on all other sides;
and
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 28
5. No access allowed to the east/west alley, Z-97-
118
and site plan SP-98-005,Triple R Auto Sales Inc. for
auto sales and parking for used cars & storage, be
approved. The motion carried unanimously.
Council Member Haskin assumed her chair at the
Council table at this time.
Z-97-156 Council Member Hirt made a motion, seconded by
SP-98-007 Council Member Silcox, that the application of
Approved Home to Garden by Sienna Corporation, for a
change in zoning of property located at 3982 &
3986 West Vickery Blvd., from "FR" Restricted
Commercial to "PD/SU" Planned
Development/Specific Use for all uses in "FR"
Restricted Commercial plus garden shop landscape
office with outside storage and display, Z-97-156
and site plan Zoning Docket No. SP-98-007 be
adopted. The motion carried unanimously.
Z-98-015 Council Member Silcox made a motion,seconded by
Approved Mayor Pro tempore McCray, that the application of
BB Genpar, Inc. for a change in zoning of property
located along the 6850 Block of Harris Pkwy from
"OM" Office Mid-Rise to "C" Multi-Family,
Zoning Docket No. Z-98-015, be approved. The
motion carried by the following vote:
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 29
AYES: Mayor Barr; Mayor Pro tempore
McCray; Council Members Lane,
Silcox, Picht, Wentworth,
McCloud, and Hirt
NOES: Council Member Haskin
ABSENT: None
Z-98-016 Council Member Silcox made a motion,seconded by
Approved Mayor Pro tempore McCray,that the application of
BB Genpar, Inc. for a change in zoning of property
located in the 6200 Block of John Ryan Drive from
"DHR1" Multi-Family High Rise to "G"
Commercial, Zoning Docket No. Z-98-016, be
approved. The motion carried unanimously.
Z-98-019 Council Member Hirt made a motion, seconded by
Approved Mayor Pro tempore McCray,that the application of
Charles Flint, for a change in zoning of property
located at 528 West Felix Street from "B" Two-
Family to "E" Commercial, Zoning Docket No. Z-
98-019, be approved. The motion carried
unanimously.
Z-98-022 Council Member Wentworth made a motion,
Approved seconded by Mayor Pro tempore McCray, that the
application of Charles Petrek for a change in zoning
of property located at 9618 U.S. Highway 80 West
from "A" One-Family & "E" Commercial to "I"
Light Industrial, Zoning Docket No. Z-98-022, be
approved. The motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 30
Z-98-023 Council Member McCloud made a motion,seconded
SP-98-006 by Council Member Lane, that application of
Continued Domain Beach Ltd. for a change in zoning of
Until property located at 2601 Carter Avenue from "B"
March 24, 1998 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, be continued until March 24, 1998.
Kim Sallinger Ms. Kim Sallinger, 1612 Summit Avenue, Suite 200,
appeared before the City Council and advised
Council that they would like to resolve this issue
today and spoke in favor of the application of
Domain Beach Ltd. for a change in zoning of
property located at 2601 Carter Avenue.
Gay Perry Ms. Gay Perry, Chairperson of the West
Meadowbrook Association, 2500 Rand, appeared
before the City Council and advised Council that the
Association had compromised and came up with a
resolution which would be an asset to the community
while benefiting the bank, the Domain Beach
Partnership,and would allow the needed parking for
TranSouth.
Bryan Liles Mr. Bryan Liles, 2704 Scott Avenue, appeared
before the City Council and requested that Council
Member McCloud reconsider his proposed motion.
Ernest Hedcoth Mr. Ernest Hedcoth appeared before the City
Council and spoke on behalf of the applicant,
Domain Beach,and advised Council that TranSouth
Financial occupies approximately 60 percent of the
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 31
building and stated that they need additional
parking. He explained that they have done
everything possible to meet with the opposition but
without success. He requested that the City Council
help them set up a meeting and they would be more
than happy to discuss the situation.
Garrett Morris Mr. Garrett Morris, 4004 Scenery Hill Ct., appeared
before the City Council and expressed opposition to
the proposed application of Domain Beach Ltd. for
a change in zoning of property located at 2601
Carter Avenue.
The motion to continue Zoning Docket No. Z-98-023
until March 24, 1998, was approved 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 Haskin made a motion, seconded by
Council Member Hirt, that the zoning hearing be
closed and the following ordinance be adopted:
ORDINANCE NO. 13385
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
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 32
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
PENALTY CLAUSE PROVIDING FOR
PUBLICATION AND NAMING AN EFFECTIVE
DATE.
The motion carried unanimously.
Z-98-014 Council Member Haskin made a motion, seconded
Denied by Council Member Lane, that the application of
with Prejudice Vernon A. Porter Jr., for a change in zoning of
property located in the 2500 Block of Bruce Street,
Zoning Docket No. Z-98-014, be denied, with
prejudice. The motion carried unanimously.
Z-98-021 Council Member Haskin made a motion, seconded
Denied by Council Member Lane, that the application of
William & Amy Turner by VLMC, Inc. for a
change in zoning of property located in the 7300
Block of Randol Mill Road,Zoning Docket No. Z-98-
021, be denied. The motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
MARCH 12, 1998
PAGE 33
Z-98-028 Council Member Wentworth made a motion,
Approved seconded by Council Member Silcox, that the
application of City of Fort Worth Housing
Department for a change in zoning of property
located at 5632 Wellesley Avenue from "E"
Commercial to"B" Two-Family,Zoning Docket No.
Z-98-028 be approved. The motion carried
unanimously.
Adjournment There being no further business, the meeting was
adjourned at 10:50 p.m.
CITY SECRETARY MAYOR