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HomeMy WebLinkAbout1998/04/21-Minutes-City Council CITY COUNCIL MEETING APRIL 21, 1998 Date & Time On the 21st day of April, A.D., 1998, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:10 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 Iman Hatim Hamidullah, Masjid Hassan of AL Islam. 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 April 14, 1998, were approved unanimously. Special Presentation of the 1997 Fort Worth Volunteer of Presentations the Year, "Mrs. Sunny Graham", by Dr. Jerry Mullen, Chairperson, 1998 Municipality Awards Selection Committee. Council Member Haskin presented Honorary Citizenship Certificates to Paul and Eryll Fabian. Announcements Council Member McCloud announced that on Friday, May 1, 1998, a Neighborhood Forum would be held at Botanic Gardens in the Oak Room, from 12:00 p.m. to 2:00 p.m. on Building Strong Neighborhoods. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 21, 1998 PAGE 2 Council Member Lane announced that the Camp Fire Girls named its volunteer award Lynn Ross,Jr. and announced that Mrs. Patsy Steel was its first recipient. Council Member Picht announced that on Thursday, April 23, 1998,there would be a District 6 meeting at the Southwest Community Center, 6300 Welch Avenue at 7:00 p.m. Consent Agenda On motion of Mayor Pro tempore McCray, seconded by Council Member Silcox, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Wentworth made a motion, seconded by Council Member Silcox, that Ms. Bonnie T. Holmes be appointed to Place 7 on the Historic and Cultural Landmarks Commission,with a term of expiration of October 1, 1999. The motion carried unanimously. Res. # 2393 There was presented Resolution No. 2393 urging Reinstate Congress to reinstate stateside funding of the Land Stateside and Water Conservation Fund. On motion of Funding Council Member Wentworth, seconded by Mayor Pro tempore McCray, the recommendation was adopted unanimously. Res. # 2394 There was presented Resolution No. 2394 urging Intermodal Congress in final passage of the Reauthorization of Surface the Intermodal Surface Transportation Efficiency Transportation Act a formula that contains a 90 percent return to Efficiency Act Texas for every Dollar Texas Contributes to the Highway Trust Fund. On motion of Council Member Silcox, seconded by Council Member Haskin, the recommendation was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21 , 1998 PAGE 3 Council Member McCloud gave a brief report from the meeting of April 14, 1998, of the Safety and Community Development Committee. OCS-975 There was presented Mayor and Council Claims Communication No. OCS-975 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-976 There was presented Mayor and Council Res. # 2395 Communication No. OCS-976 from the Office of the Zoning City Secretary recommending that the City Council Hearing adopt Resolution No. 2395 setting regular zoning hearing for May 12, 1998. On motion of Council Member Haskin, seconded by Council Member Lane, the recommendation was adopted. G-12187 There was presented Mayor and Council Payment Fees Communication No. G-12187 from the City Manager to Attorney recommending that the City Council confirm the Gerald Pruitt engagement of Gerald Pruitt to represent former for Michael Fort Worth Police Officer Michael Dellinger in the Dellinger lawsuit of Dalton King v. The City of Fort Worth, et al.; Cause No. 17-145434-92, and authorize the City Manager to pay reasonable attorney's fees not to exceed $25,000.00. It was the consensus of the City Council that the recommendation be adopted. G-12188 There was presented Mayor and Council Payment Fees Communication No. G-12188 from the City Manager to Attorney recommending that the City Council confirm the Gerald Pruitt engagement of Gerald Pruitt to represent former for T.G. Martin Fort Worth Police Officer T.G. Martin in the CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21, 1998 PAGE 4 lawsuit of Paul Martinez v. The City of Fort Worth, and T.G. Martin; Cause No. 348-164775-96, and authorize the City Manager to pay reasonable attorney's fees not to exceed $20,000.00. It was the consensus of the City Council that the recommendation be adopted. G-12189 There was presented Mayor and Council Ord. # 13421 Communication No. G-12189 from the City 1997-98 Crime Manager recommending that the City Council: Control & Prevention 1. Approve a mid-year adjustment to the FY District Budget 1997-98 Crime Control and Prevention District Budget to establish a source of funding to prevent crime through substandard structure removal at a cost of $2,200,000.00, and 2. Approve a mid-year adjustment to the FY 1997-98 Crime Control and Prevention District Budget to fund a recruit training class of 41 recruits for $820,000.00, and 3. Adopt Supplemental Appropriation Ordinance No. 13421 appropriating $3,020,000.00 to the Crime Control, and Prevention District Fund and Decreasing the unreserved, undesignated Crime Control and Prevention District Fund Balance by the same amount for the purpose of providing funding for the removal of substandard structures and a mid-year adjustment for the recruitment of 41 Police Office Recruits. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21 , 1998 PAGE 5 Council Member Wentworth made a motion, seconded by Council Member McCloud,that Mayor and Council Communication No. G-12189 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCray; Council Members Lane, Silcox, Haskin, Wentworth, McCloud, and Hirt NOES: Council Member Picht ABSENT: None It appeared to the City Council that they set today as the date for the public hearing regarding and ordinance designating Fort Worth Tax Abatement Reinvestment Zone Number 29. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Jay Chapa, representing the Economics Development Department, appeared before the City Council, presented a staff report and advised Council that today hearing was to receive comments from interested citizens. He called attention of the Council to Mayor and Council Communication No. G-12190, as follows: G-12190 There was presented Mayor and Council Ord. # 13422 Communication No. G-12190 from the City Fort Worth Manager recommending that the City Council: Tax Abatement Reinvestment 1. Hold a public hearing concerning the Zone Number 29 designation of Fort Worth Tax Abatement Reinvestment Zone Number 29, and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21, 1998 PAGE 6 2. Adopt Ordinance No. 13422 amending the Code of the City of Fort Worth, Texas (1986), as amended, by designating certain property in Tarrant County as Fort Worth Tax Abatement Reinvestment Zone No. 29. Mayor Pro tempore McCray made a motion, seconded by Council Member Wentworth, that Mayor and Council Communication No. G-12190 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCray; Council Members Lane, Silcox, Picht, Wentworth, McCloud, and Hirt NOES: Council Member Haskin ABSENT: None G-12191 There was presented Mayor and Council Reject Communication No. G-12191 from the City Proposals Manager recommending that the City Council reject Solid Waste all proposals and not proceed with contracting solid Collection waste collection in Service Area 3 at this time. On motion of Council Member Hirt, seconded by Council Member Haskin, the recommendation was adopted. P-8588 There was presented Mayor and Council Purchase Communication No. P-8588 from the City Manager Agreement recommending that the City Council authorize an with Shermco annual purchase agreement for the Water Industries, Inc. Department with Shermco Industries, Inc. for the purchase of high voltage equipment service and parts based on the lowest responsible bid received, with payment terms net 30 days, f.o.b. destination, CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21 , 1998 PAGE 7 freight prepaid, allowed with agreement to begin on April 22, 1998, and expire on April 21, 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-8589 There was presented Mayor and Council Purchase Communication No. P-8589 from the City Manager Agreement recommending that the City Council authorize a with Marock, Inc. purchase agreement with Marock, Inc. to furnish aggregates to the City of Fort Worth based on low bid, f.o.b. Fort Worth, freight no charge, with payment terms net 30 days,with agreement to begin April 28, 1998, and expire April 27, 1999, with options to renew for two additional years. It was the consensus of the City Council that the recommendation be adopted. P-8590 There was presented Mayor and Council Purchase Communication No. P-8590 from the City Manager Agreement recommending that the City Council authorize a with Vallen purchase agreement for airport fire assault gear Safety Supply with Vallen Safety Supply, on basis of low bid, net 30 days, freight no charge with agreement to begin April 20, 1998, and expire on April 19, 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-8591 There was presented Mayor and Council Purchase Communication No. P-8591 from the City Manager Agreement recommending that the City Council authorize a with Easter purchase agreement with Easter Seals through the Seals Texas Industries for the Blind and Handicapped (TIBH) to provide mowing services for the Parks and Community Services Department with CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 21, 1998 PAGE 8 agreement to begin April 21, 1998, and expire April 20, 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-8592 There was presented Mayor and Council Purchase Communication No. P-8592 from the City Manager Hydraulic recommending that the City Council authorize a Tools purchase of hydraulic tools for the Water Department from Commercial Body Corporation based on low bid meeting specifications, not to exceed $30,872.40, terms net 30 days, f.o.b. destination, freight included in price of tools. It was the consensus of the City Council that the recommendation be adopted. P-8593 There was presented Mayor and Council Purchase Communication No. P-8593 from the City Manager Pneumatic recommending that the City Council authorize a Tools purchase of pneumatic tools for the Water Department and the Transportation and Public Works Department from multiple vendors based on low bid not to exceed $28,783.30, and reject all bids for pneumatic piercing tools and approve a re-bid with new specifications. It was the consensus of the City Council that the recommendation be adopted. P-8594 There was presented Mayor and Council Purchase Communication No. P-8594 from the City Manager Agreement recommending that the City Council authorize a with Texas purchase agreement for industrial belts for the City Rubber of Fort Worth with Texas Rubber Supply based on Supply low bid of Jobber's list prices less 58.67 percent for Good Year Industrial Belts,with payment terms net 30 days, f.o.b. destination, freight no charge with agreement to begin April 21, 1998, and end April 20, CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 21 , 1998 PAGE 9 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-8595 There was presented Mayor and Council Purchase Communication No. P-8595 from the City Manager Grounds recommending that the City Council authorize the Maintenance purchase of grounds maintenance equipment from various vendors, based on low bid per item, for the City Services Department for an amount not to exceed $171,108.90, f.o.b. Fort Worth, freight no charge and payment terms net 30 days. It was the consensus of the City Council that the recommendation be adopted. P-8596 There was presented Mayor and Council Purchase Communication No. P-8596 from the City Manager from Southwest recommending that the City Council authorize the International purchase of a contractor dump truck from Truck & Baker Southwest International Truck for an amount not to Equipment Co. exceed $52,750.00, and purchase a truck mounted combination pressure washer/vacuum machine from Baker Equipment Co. for an amount not to exceed $188,817.00, with payment terms net 30 days, f.o.b. Fort Worth, and freight no charge. It was the consensus of the City Council that the recommendation be adopted. P-8597 There was presented Mayor and Council Purchase Communication No. P-8597 from the City Manager Agreement recommending that the City Council authorize a with Southwest purchase agreement with Southwest Office Systems Office Systems for annual typewriter maintenance for the City of Fort Worth on sole bid of unit prices and terms net 30 days, f.o.b. destination, freight no charge with CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21, 1998 PAGE 10 agreement to begin April 29, 1998, and expire April 28, 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-8598 There was presented Mayor and Council Purchase Communication No. P-8598 from the City Manager Agreement recommending that the City Council authorize a with Refurbished purchase agreement for refurbished toner cartridges Toner Cartridges for the City of Fort Worth with B&B Data Systems, Inc./Lazersaver, on low bid per unit prices, net 30 days,freight on-board destination,freight no charge with agreement to begin April 21, 1998, and expire April 20, 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-8599 There was presented Mayor and Council Agreement Communication No. P-8599 from the City Manager with Tow Op recommending that the City Council authorize an Enterprises agreement for the removal of junked vehicles for the Incorporated City Services Department with Tow Op Enterprises Incorporated based on high bid meeting specifications of unit prices,with the City's payment terms net 10 days, f.o.b. point of pickup, freight no charge with agreement to begin April 21, 1998, and end April 20, 1999, with options to renew for two additional one-year periods. On motion of Council Member Haskin,seconded by Council Member Hirt, the recommendation was adopted unanimously. P-8600 There was presented Mayor and Council Purchase Communication No. P-8600 from the City Manager Demolition recommending that the City Council: Services CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21 , 1998 PAGE 11 1. Authorize the purchase of demolition services from contractors for the City Services Department based on the lowest responsible bid received by line item, and a. Demolition of a structure located at 1133 Crawford Street by ICE Contractors, Inc. for $2,648.00 with payment terms net 30 days, b. Demolition of structures located at 4208 Martin Luther King Freeway by Lindamood Construction Co., Inc. for $10,700.00 with payment terms net 15 days. C. Withdrawal of a structure located at 3600 Pecos Street from any bid consideration due to the property owner abating the nuisance. 2. The expenditure for these purchases not to exceed $13,348.00. On motion of Council Member Haskin, seconded by Council Member Lane, the recommendation was adopted unanimously. L-12233 There was presented Mayor and Council New Lake Communication No. L-12233 from the City Worth Manager recommending that the City Council Commercial authorize the City Manager to enter into a five (5) Lease at 7433 year commercial lease with Mr. Kenneth Lumley, Jacksboro Hwy. (d.b.a. Lake Worth Bait and Tackle Shop), for the Lake Worth property located at 7433 Jacksboro Highway, legally known as Lot 14, Block 16, Lake CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 21, 1998 PAGE 12 Worth Lease Survey effective April 1, 1998, for the annual rent of$1,535.00. It was the consensus of the City Council that the recommendation be adopted. L-12234 There was presented Mayor and Council Lease Communication No. L-12234 from the City Agreement Manager recommending that the City Council with Mr. Gary authorize the City Manager to execute a lease James agreement with Mr. Gary James for T-Hangar space #1 located in Hangar 19S at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-12235 There was presented Mayor and Council Lease Communication No. L-12235 from the City Agreement Manager recommending that the City Council with Fort Worth authorize the City Manager to execute a lease Jet Center agreement with Fort Worth Jet Center for 48,569 square feet of unimproved land at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-12236 There was presented Mayor and Council Lease Space Communication No. L-12236 from the City at 2421 Manager recommending that the City Council Westport authorize the City Manager to execute a lease for Parkway Space B of Phase 3 of the Alliance Crossing Shopping Center located at 2421 Westport Parkway from Heritage Retail Partners, Ltd. at a cost of $1.00 per year, and approve the lease term of one year commencing April 1, 1998,and expiring March 31, 1999, with two options to renew for one-year each. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21 , 1998 PAGE 13 C-16729 There was presented Mayor and Council Agreement Communication No. C-16729 from the City between City of Manager recommending that the City Council Fort Worth & authorize the City Manager to approve a four Tarrant County month renewal of the Interlocal Agreement between the City of Fort Worth and Tarrant County for the purpose of rabies control in the unincorporated areas of Tarrant County, and execute the Tarrant County Joint Resolution, Commissioner's Court Order No. 77105. It was the consensus of the City Council that the recommendation be adopted. C-16730 There was presented Mayor and Council McClendon Communication No. C-16730 from the City Construction Manager recommending that the City Council Co., Inc. authorize the City Manager to execute a construction contract with McClendon Construction Co., Inc. in the amount of $187,072.24 for the reconstruction of 27th Street (Hanna Avenue to Roosevelt Avenue). It was the consensus of the City Council that the recommendation be adopted. C-16731 There was presented Mayor and Council Walt Williams Communication No. C-16731 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 $560,618.00 for the reconstruction of Campbell Street (Berry Street to Fitzhugh Avenue) and Thannisch Avenue (Vaughn Boulevard to Campbell Street). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21, 1998 PAGE 14 C-16732 There was presented Mayor and Council Ord. # 13423 Communication No. C-16732 from the City Walt Williams Manager recommending that the City Council: Construction, Inc. 1. Authorize the transfer of $236,405.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $216,770.00 and the Sewer Capital Project Fund in the amount of$19,635.00, and 2. Adopt Appropriation Ordinance No. 13423 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$216,770.00 and in the Sewer Capital Projects Fund in the amount of $19,635.00 from available funds for the purpose of funding a contract to Walt Williams Construction, Inc., for reconstruction of Pecan Street and related water and sanitary sewer line replacement, and 3. Authorize the City Manager to execute a contract with Walt Williams Construction, Inc., in the amount of $645,096.50 for the reconstruction of Pecan Street (32nd Street to 36th Street) and related water and sanitary sewer line replacement. It was the consensus of the City Council that the recommendation be adopted. 0 CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 21 , 1998 PAGE 15 C-16733 There was presented Mayor and Council CDBG Communication No. C-16733 from the City Emergency Manager recommending that the City Council Shelter & authorize the City Manager to execute CDBG Year Housing XXIV, ESG Year 1998-99 and HOPWA Year 1998- Opportunities 99 contracts with various organizations to for persons with administer their respective programs, contingent AIDS upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development,for a term beginning June 1, 1998 and ending May 31, 1999. It was the consensus of the City Council that the recommendation be adopted. C-16734 There was presented Mayor and Council Amend City Communication No. C-16734 from the City Secretary Manager recommending that the City Council Contract No. authorize the City Manager to amend City 23464 Secretary Contract No.23464 to expand the scope of services provided by UICI through its wholly owned subsidiary, Barron Risk Management Services, Inc. (Barron) adding availability of discounted fees through Barron contracts with certain medical providers, and services rendered in Austin, Texas, to the Worker's Compensation Commission (TWCC) on behalf of the City of Fort Worth regarding its worker's compensation program, and to pay an amount not to exceed $300.00 per month for the term of the contractor for TWCC services plus twenty-five percent (25 percent) of all savings which accrue to the City as a result of City employees obtaining services through a medical provider who has an agreement for reduced fees in effect with Barron. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 21, 1998 PAGE 16 C-16735 There was presented Mayor and Council PRP Food Communication No. C-16735 from the City Service, Inc. Manager recommending that the City Council authorize the City Manager to execute an agreement with PRP Food Service, Inc. for the management and operation of the Rockwood, Pecan Valley and Meadowbrook golf courses' snack shop operations. On motion of Council Member Silcox, seconded by Council Member Picht, the recommendation was adopted. It appeared to the City Council that they set today as the date for the public hearing regarding award of contracts for Architectural Design and Financial Advisory Services to Komatsu Architects, Inc. and the National Development Council,Inc., respectfully, for the design of renovations to the James E. Guinn School. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Joe Paniagua, representing the Intergovernmental Affairs and Grant Management, appeared before the City Council and presented a staff report and to receive comments from citizens. He called attention of the Council to Mayor and Council Communication No. C-16736, as follows: C-16736 There was presented Mayor and Council Komatsu Communication No. C-16736 from the City Architects, Inc. Manager recommending that the City Council: 1. Authorize the City Manager to execute an architectural design contract with Komatsu Architects, Inc. for a fixed fee of$208,300.00 and expenses not exceeding $91,250.00 totaling $299,550.00 for the planning and design of renovations to the James E. Guinn 0 CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 21 , 1998 PAGE 17 School, and protection of the adjacent elementary school and the industrial arts building in order to develop the campus into a Business Development Center, and 2. Authorize the City Manager to execute a contract in the amount of $60,000.00 for financial advisory services with the National Development Council, Inc. for preparation of documents necessary to capture Historic Tax Credits, which will aid in the financing of the renovation project, and 3. Authorize the transfer of $359,550.00 from various Community Development Block Grant program years for this project. On motion of Mayor Pro tempore McCray, seconded by Council Member Silcox the recommendation was adopted. C-16737 There was presented Mayor and Council Tax Abatement Communication No. C-16737 from the City Agreement with Manager recommending that the City Council: The Fort Worth Villas by the 1. Find that the improvements herein are Lake L.P. feasible and practical and would be a benefit to the land and to the City after the expiration of the tax abatement agreement, and 2. Find that written notice of the City's intent to enter into the Tax Abatement Agreement (the Agreement)and copies of the Agreement were delivered to all affected taxing units in accordance with state law, and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21, 1998 PAGE 18 3. Amend the inner city eligible census tract map for residential tax abatement purposes to include census tract 1061.02, and 4. Find that the terms and conditions of the Agreement and the property subject to the Agreement meet the criteria of the City's Policy Statement: Tax Abatement for Qualifying Development Projects (the "Tax Abatement Policy") approved by M&C G- 12143 (Resolution No.2379),as amended,and 5. Authorize the City Manager to enter into the Agreement with The Fort Worth Villas by the Lake, L. P. in accordance with the Tax Abatement Policy. Council Member Silcox expressed that this type of tax abatement was one which he could support inasmuch as it would develop areas that needed to be improved and was a reinvestment for the City. Mayor Pro tempore McCray made a motion, seconded by Council Member Wentworth, that Mayor and Council Communication No. C-16737 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCray; Council Members Lane, Silcox, Picht, Wentworth, McCloud, and Hirt NOES: Council Member Haskin ABSENT: None CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 21 , 1998 PAGE 19 It appeared to the City Council that the City Council on March 24, 1998, approved the annexation timetable for the annexation of 148.377 acres of land out of the Allen Henderson Survey, Abstract No. 596, the P.K. Matthews Survey, Abstract No. 865, the G. Shamblin Survey, Abstract No. 1101, and the T.J. Bates Survey, Abstract No. 206,Denton County,Texas situated at the northwest corner of Elizabeth Cemetery Road and Litsey Road and includes 5,243 linear feet of street right-of-way dedicated for Elizabethtown Cemetery Road that is situated south of Litsey Road setting today as the date for the second public hearing. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Kevin Lasher, representing the Development Department, appeared before the City Council and presented a staff report and advised Council that staff should be directed to institute annexation proceedings by the preparation of an ordinance to be adopted at the meeting of May 12, 1998. There being no one else present desiring to be heard in connection with the second public hearing for annexation 148.377 acres of land out of the Allen Henderson Survey, Abstract No. 596, the P.K. Matthews Survey, Abstract No. 865, the G. Shamblin Survey, Abstract No. 1101, and the T.J. Bates Survey, Abstract No. 206, Denton County, Texas, situated at the northwest corner of Elizabeth Cemetery Road and Litsey Road and includes 5,243 linear feet of street right-of-way dedicated for Elizabethtown Cemetery Road that is situated south of Litsey Road. Council Member Lane made a motion, seconded by Council Member 4 CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21, 1998 PAGE 20 McCloud, that the public hearing be closed and directed that an ordinance be prepared for consideration on May 12, 1998. 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 4909 E. Lancaster (Magnolia Associates). 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 4909 E. Lancaster (Magnolia Associates). Sheldon Anisman Mr. Sheldon Anisman, P. O. Box 17047, appeared before the City Council and advised Council that there were some discrepancies with the date of the hearing before the Building Standards Commission; that the notice was defective inasmuch as it only covered a portion of his clients property; and stated that over$650,000.00 had been spent on this project, and that they expected to spend an additional $200,000.00 upon completion if allowed. Stephen Borders Mr. Stephen Borders, 2104 Oak Hill, appeared before the City Council and explained what repair work had already been complied. He advised Council that there would be 88 units in the complex. Gerald R. Patton Mr. Gerald Patton, 216 Lipan Trail, Weatherford, Texas appeared before the City Council in support of Stephen Borders. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 21 , 1998 PAGE 21 Gay Perry Ms. Gay Perry,2500 Rand, appeared before the City Council and expressed opposition to the appeal of Magnolia Associates for the property located at 4909 E. Lancaster. Assistant City Attorney Marcia Wise appeared before the City Council and addressed the issues of the order that did not include the property in its entirety and the matter of whether the owners were properly served with a notice. She recommended that the City Council combine the two orders and give the property owners until May 22, to complete the work on the property. Mayor Barr permitted Mr. Bounds and Mr. Anisman a three minute rebuttal period. A lengthy discussion took place following the speaker presentations and various Council members expressed concern relative to the process of the Building Standards Commission. There being no one else desiring to be heard Mayor Pro tempore McCray made a motion, seconded by Council Member Silcox, that the two orders be combined and that Magnolia Associates be granted until June 1, 1998 to complete the repairs on the apartment complex. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCray; Council Members Lane, Silcox, Picht, Wentworth, McCloud, and Hirt CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 21, 1998 PAGE 22 NOES: Council Member Haskin ABSENT: None It appeared that the City Council at its meeting of April 14, 1998, continued the hearing of Basic Capital Management, Inc., by Carter & Burgess, Inc., 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 favorable consideration of the Council for a change in zoning of property located in the 3700 Block of Keller-Hicks Road,Zoning Docket No. Z-97-139. He advised Council that there would only be 537 units and stated that one tract of the property had been down zoned. He further stated that Tract 4 would be changed from Unzoned to "R-1" instead of"C" Multi-Family. There being no one else present desiring to be heard, Council Member Haskin made a motion, seconded by Council Member Silcox, that Zoning Docket No. Z-97-139 be adopted unanimously. It appeared that the City Council at its meeting of April 14, 1998, continued the hearing of Basic Capital Management, Inc., by Carter & Burgess, Inc., for a change in zoning of property located in the 4200 Block of Caylor Road West from Unzoned to "A" One-Family, Zoning Docket No. Z-98-039. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21 , 1998 PAGE 23 Mayor Barr asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard, Council Member Haskin made a motion, seconded by Council Member Silcox, that Zoning Docket No. Z-98-039 be adopted unanimously. It appeared that the City Council at its meeting of April 14, 1998,continued the hearing of 80/820 Joint Venture, for a change in zoning of property located at 6600 North Riverside Drive, site plan for mini- warehouse and manager's apartment, Zoning Docket No. SP-97-029. Mayor Barr asked if there was anyone present desiring to be heard. Council Member Haskin provided Ms. Kovich with a revised site plan, for the record. There being no one else present desiring to be heard, Council Member Haskin made a motion, seconded by Council Member Lane, that Zoning Docket No. SP-97-029 be adopted. 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 Silcox, that the zoning hearing be closed and the following ordinance be adopted: ;xJ CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21, 1998 PAGE 24 ORDINANCE NO. 13424 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 PENALTY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Citizen Presentations Tycer Green Ms. Tycer Green, 1204 E. Jessamine Street, appeared before the City Council and apologized to the Council for her behavior at previous meetings. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 21 , 1998 PAGE 25 Mike Krsnak Mr. Mike Krsnak, 6301 Trail Lake Drive, appeared before the City Council and suggested that the Council vote on each golf facility separately. He stated that each qualified professional would then be given the same opportunity to bid. Cecil Coomer Mr. Cecil Coomer, 2813 Canton Drive, appeared before the City Council in reference to saving the trees along the west side of Lake Arlington, and requested that the individual not be allowed to remove three trees. Mayor Barr and Mayor Pro tempore McCray advised Mr. Coomer that the trees would be preserved. It was the consensus of the City Council that the Council meet in a closed session at 11:50 a.m. for the following purposes: 1. To seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: a) Legal issues concerning regulation of off-premise advertising signs 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 APRIL 21, 1998 PAGE 26 as authorized by Section 551.071 of the Texas Government Code. Adjournment There being no further business, the meeting was adjourned at 12:20 p.m. CITY SECRETARY MAYOR