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HomeMy WebLinkAbout1998/05/12-Minutes-City Council CITY COUNCIL MEETING MAY 129 1998 Date & Time On the 12th day of May, A.D., 1998, the City Council of the City of Fort Worth, Texas, met in regular session, at 7:12 p.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Clyde Picht, Ralph McCloud and Cathy Hirt; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Alice Church. Mayor Pro tempore Eugene McCray and Council Member Jeff Wentworth were absent. With a quorum present, the following business was transacted: Invocation The invocation was given by Reverend W.G. Daniels, Pilgrim Valley Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes Council Member Picht advised Council of a correction to the minutes, stating that Page 4 of the minutes regarding Mayor and Council Communication No. G-12199 should reflect him voting "No" along with Council Members Hirt and Silcox. On motion of Council Member Haskin, seconded by Council Member McCloud, the minutes of the regular meeting of May 5, 1998, as corrected, were approved unanimously. Announcements Mayor Barr announced that the Ad Hoc Committee on Single Family Zoning had been appointed, stating that Jeff Wentworth would serve as Chair, and the members include Council Member Picht, Hirt, CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12, 1998 PAGE 2 McCloud, and Haskin; Martha Newman and Jeff King from the City Zoning Commission; and Wanda Conlin and Price Hulsey from the City Plan Commission. Council Member Picht expressed appreciation to all of those who helped to make to the Spring Fling - Children's Safety Day out at Columbus Hall in District 6 a success this past weekend. Withdrawn/ City Manager Terrell requested that Mayor and Consent Agenda Council Communication Nos. C-16767 and C-16772 be withdrawn from the consent agenda. Continued/ City Manager Terrell requested that Mayor and Withdrawn Council Communication No. G-12207 be continued for two weeks and that Mayor and Council Communication Nos. C-16767 and C-16772 be continued for one week. Consent Agenda On motion of Council Member McCloud, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. OCS-979 There was presented Mayor and Council Claims Communication No. OCS-979 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. G-12203 There was presented Mayor and Council Rejection of Communication No. G-12203 from the City Manager Bids - Boat recommending that the City Council reject all bids Ramp received for the construction of boat ramp Improvements improvements at Lake Arlington and Lake Worth. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12 , 1998 PAGE 3 It was the consensus of the City Council that the recommendation be adopted. G-12204 There was presented Mayor and Council Temporary Communication No. G-12204 from the City Manager Closure recommending that the City Council approve the temporary closure of Texas Street between Lake Street and Henderson Street for a period of approximately 6 weeks. It was the consensus of the City Council that the recommendation be adopted. G-12205 There was presented Mayor and Council Crime Control & Communication No.G-12205 from the City Manager Prevention District recommending that the City Council authorize the Board of Directors City Manager to submit the City's funding FY 1998-99 application to the Crime Control and Prevention District Board of Directors. City Manager Terrell advised Council that Mayor and Council Communication No. G-12205 should be amended, per discussion in Pre-Council, by adding an additional $120,000.00 for Diamond Hill and $40,000.00 for the Van Zandt Guinn Schools. Council Member McCloud made a motion,seconded by Council Member Lane, that Mayor and Council Communication No. G-12205, as amended, be adopted. The motion carried by the following vote: AYES: Mayor Barr; Council Members Lane, Haskin, Picht, McCloud, and Hirt NOES: Council Member Silcox ABSENT: Mayor Pro tempore McCray and Council Member Wentworth Alp%. AWN CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12, 1998 PAGE 4 G-12206 There was presented Mayor and Council Ord. # 13444 Communication No.G-12206 from the City Manager Changing the recommending that the City Council adopt Name of Fiscal Ordinance No. 13444 amending Sections 2-111, 2- Services 112, 2-113 and 2-114 of Article IV "Departments," Division 2 "Finance",of Chapter 2 "Administration" the Code of the City of Fort Worth, Texas (1986), as amended, to establish the Department of Finance, providing for the appointment of a director and employees for the finance department, providing for the designation of a City Treasurer and a City Assessor and Collector. On motion of Council Member Lane, seconded by Council Member McCloud, the recommendation was adopted. G-12207 There was presented Mayor and Council Continued Communication No.G-12207 from the City Manager for two weeks recommending that the City Council adopt an Amendment to ordinance amending the Code of the City of Fort Chapter 7 Worth (1986), as amended, by the amendment of Building Chapter 7, "Buildings," Article IV, "Minimum Standards Building Standards Code". Code Pat Taylor Mr. Pat Taylor, 913 E. Northside Drive, appeared before the City Council and expressed opposition to the approval of Mayor and Council Communication No. G-12207. G-12207 It was the consensus of the City Council that Continued consideration of Mayor and Council for two weeks Communication No. G-12207, Amendment of the Code of the City of Fort Worth, Chapter 7, Article IV, Minimum Building Standards Code, be continued for two weeks. l CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12 , 1998 PAGE 5 P-8609 There was presented Mayor and Council Purchase Communication No. P-8609 from the City Manager Agreement recommending that the City Council authorize a with Lone Star purchase agreement for auction services with Lone Auctioneers Star Auctioneers for the City of Fort Worth, on the basis of best evaluated proposal, with agreement to begin May 4, 1998, and expire on May 3, 1999, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8610 There was presented Mayor and Council Purchase Communication No. P-8610 from the City Manager Runway Paint recommending that the City Council authorize the Removal & purchase of runway paint removal and application Application service from Roads and Runways Striping Service, Service Inc., for the Aviation Department based on the lowest responsible bid received of $74,030.00 with payment terms net 30 days,fo.b.destination,freight allowed with all work to be completed by July 31, 1998. It was the consensus of the City Council that the recommendation be adopted. P-8611 There was presented Mayor and Council Purchase Communication No. P-8611 from the City Manager Agreement recommending that the City Council authorize a with Beall purchase agreement for liquid lime slurry with Beall Industries Industries for the Water Department on the basis of lowest evaluated bid, with payment terms net 30 days, f.o.b. destination, cost of freight included in cost of goods, with agreement to begin May 15, 1998, and expire May 14, 1999, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH,TEXAS MAY 12, 1998 PAGE 6 P-8612 There was presented Mayor and Council Purchase Communication No. P-8612 from the City Manager Agreement recommending that the City Council authorize and with Honeywell, confirm an annual purchase agreement with Inc. Honeywell, Inc., for preventative maintenance and service on the Honeywell Building Maintenance System at the Fort Worth Convention Center based on sole source situation for $2,250.00 per month, with payment terms net invoice, f.o.b. shipping point, freight prepaid and added with agreement to begin February 1, 1998, and will expire on January 31, 1999, with options to renew for four additional one-year periods. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted. L-12245 There was presented Mayor and Council Acquisition of Communication No. L-12245 from the City One Drainage Manager recommending that the City Council Easement approve the acquisition of one permanent drainage easement from Bank One, N.A., Trustee J.M. Leonard Testamentary Trust, Miranda Leonard, Martha V. Leonard, Madelon L.Bradshaw,Marvin Leonard Porter,Laura Porter Middleton and Harry H. Porter, III for a total cost of$10.00. It was the consensus of the City Council that the recommendation be adopted. L-12246 There was presented Mayor and Council Acquisition of Communication No. L-12246 from the City One Sanitary Manager recommending that the City Council Sewer Easement approve the acquisition of one permanent sanitary sewer easement, described as being J.W. Sansom Q-16 CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12 , 1998 PAGE 7 Survey, Abstract No. 1387, acquired from River Trails Land and Cattle, Inc., for a total cost of$1.00 It was the consensus of the City Council that the recommendation be adopted. L-12247 There was presented Mayor and Council Acceptance of Communication No. L-12247 from the City A Dedication Manager recommending that the City Council Deed - Street approve the acceptance of one dedication deed for Right-of-Way street right-of-way out of the Hays Covington Survey, Abstract No. 256 from All Saints Episcopal School for a total cost of$1.00. It was the consensus of the City Council that the recommendation be adopted. L-12248 There was presented Mayor and Council Condemnation Communication No. L-12248 from the City of One Manager recommending that the City Council Permanent declare the necessity of taking an interest in a Easement & portion of Lot 9R, J.S. Smith Addition, and One Temporary authorize the City Attorney to institute Construction condemnation proceedings to acquire the interest in Easement the land. On motion of Council Member Haskin, seconded by Council Member Lane, the recommendation was adopted. PZ-2036 It appeared to the City Council that on March 24, Ord. # 13445 1998, they approved the annexation timetable for Annexing the contemplated annexation of 148.377 acres of 148.377 Acres land out of the Allen Henderson Survey, Abstract Allen Henderson No. 596, the P.K. Matthews Survey, Abstract No. Survey 865, the G. Shamblin Survey, Abstract No. 1101, and the T.J. Bates Survey,Abstract No. 206, Denton County, Texas setting today as the date for the adoption of Ordinance No. 13445 declaring certain findings; providing for the extension of certain r ;J CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12, 1998 PAGE 8 boundary limits of the City of Fort Worth; providing for the annexation of a certain 148.377 acres (0.232 square miles) of land, more or less, which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; finding and providing that surrounding certain unincorporated territory as a result of said annexation is in the public interest; providing for a service plan for said annexed territory; providing that this ordinance shall amend every prior ordinance in conflict herewith; providing that this ordinance shall be cumulative of all prior ordinances not in direct conflict; providing for severability and naming an effective date. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. C-16766 There was presented Mayor and Council Change Order Communication No. C-16766 from the City No. 3 - Ramex Manager recommending that the City Council Construction authorize the City Manager to execute Change Co., Inc. Order No. 3 with Ramex Construction Co., Inc., for Martha Lane Channel Improvements, Phase 1, in the amount of$26,577.00 to provide for additional pay item quantities, thereby increasing the contract amount to $1,621,531.50. It was the consensus of the City Council that the recommendation be adopted. 1 CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12 , 1998 PAGE 9 C-16767 It was the consensus of the City Council that Mayor Continued and Council Communication No. C-16767, Change for One week Order No. 7-for(Unit 2) Pavement Construction on Warner Road (Park Place Drive to Windsor Road), Patton Court (Warner Road to East Cul-de-Sac), Ben Hall Court (Warner Road to East Cul-de-Sac), Seventh Street (Magnolia Avenue to Myrtle Street), and Hurley Avenue (W. Arlington Street to Elizabeth Boulevard) - Ed A. Wilson, Inc., be continued for one week. C-16768 There was presented Mayor and Council Eagle Communication No. C-16768 from the City Construction & Manager recommending that the City Council Environmental approve the transfer of$46,325.00 ($42,114.00 plus Services, Inc. a ten percent contingency of $4,211.00) from the Undesignated Disposal project to the Lake Worth Lease lot project within the Environmental Fund, and authorize the City Manager to enter into a contract with Eagle Construction and Environmental Services, Inc., for the removal of lead shot and topsoil on Lake Worth Lease Lots 9, 10, and 14. It was the consensus of the City Council that the recommendation be adopted. C-16769 There was presented Mayor and Council Rejection of Communication No. C-16769 from the City Bids Manager recommending that the City Council authorize the City Manager to reject all bids submitted for the construction of two 10" meter stations to serve Lots 2 and 3, Block 2 of Alliance Center Addition. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12, 1998 PAGE 10 C-16770 There was presented Mayor and Council Day Care Communication No. C-16770 from the City Association - Manager recommending that the City Council Fire Alarm approve the transfer of $6,500.00 in Community System Development Block Grant (CDBG) Year XXII Unprogrammed Funds to the Day Care Association, and authorize the City Manager to execute a contract with the Day Care Association for the use of$6,500.00 in CDBG funds for the installation of a fire alarm system. It was the consensus of the City Council that the recommendation be adopted. C-16771 There was presented Mayor and Council B.T. Communication No. C-16770 from the City Construction, Inc. Manager recommending that the City Council authorize the City Manager to execute a contract with B.T. Construction, Inc. in the amount of $132,681.25 and forty (40) working days for the reconstruction of Reed Street(Vaughn Boulevard to 287 Access Road). It was the consensus of the City Council that the recommendation be adopted. C-16772 It was the consensus of the City Council that Mayor Continued for and Council Communication No. C-16772, Weed One Week and Seed Grant, Phase VII, be continued for one week. C-16773 There was presented Mayor and Council Ord. # 13446 Communication No. C-16773 from the City Texas Manager recommending that the City Council: Department of Human Services 1. Authorize the City Manager to submit a 1998 Summer grant, accept if awarded, and execute a Food Service contract with the Texas Department of Program Human Services, requesting $450,104.00 for CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12 , 1998 PAGE 11 the 1998 Summer Food Service Program which services lunches and snacks to low- income children during the summer, and 2. Adopt Appropriation Ordinance No. 13446 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$450,104.00 subject to the receipt of the grant from the Texas Department of Human Services for the purpose of funding the 1998 Summer Food Service Program, and 3. Apply indirect cost rates in accordance with the City's Administrative Regulation 5-15 (26.31%), which represents the most recent approval rate for this department. It was the consensus of the City Council that the recommendation be adopted. C-16774 There was presented Mayor and Council Memorandum of Communication No. C-16774 from the City Understanding Manager recommending that the City Council with Tarrant authorize the City Manager to execute the County for Memorandum of Understanding with Tarrant City/County County concerning payments under City/County Jail Contract Jail Contract. On motion of Council Member Lane, seconded by Council Member Haskin the recommendation was adopted. C-16775 There was presented Mayor and Council Iowa Bridge & Communication No. C-16775 from the City Culvert Manager recommending that the City Council authorize the City Manager to execute a contract with Iowa Bridge and Culvert for the construction of Fire Station No. 36 for $726,000.00, including the 6 CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12, 1998 PAGE 12 Base Bid and Alternate No. 1,with a duration of 240 calendar days. On motion of Council Member Picht, seconded by Council Member Haskin, the recommendation was adopted. C-16776 There was presented Mayor and Council Interlocal Communication No. C-16776 from the City Agreement Manager recommending that the City Council: with Tarrant County 1. Authorize the City Manager to enter into an Interlocal Agreement with Tarrant County for repair work to Runway 9/27 at Fort Worth Meacham International Airport, and 2. Approve the expenditure of $75,910.00 for materials to make necessary repairs to Runway 9/27 at Meacham International Airport. Council Member Lane expressed his appreciation to Council Members Silcox and Picht for all of their assistance regarding the pilots and Runway 9/27 at Meacham. Council Member Silcox inquired whether the money saved from the study would be applied to the repair cost of the runway. City Manager Terrell informed Council that whatever amount saved from the study would be applied to the additional $75,000.00 for repairs. Council Member Picht made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. C-16776 be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12 , 1998 PAGE 13 It appeared to the City Council that Resolution No. 2395 was adopted on April 14, 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, the official newspaper of the City of Fort Worth on April 24, 1998. Mayor Barr asked if there was anyone present desiring to be heard. Z-98-035 Council Member Haskin made a motion, seconded SP-98-014 by Council Member Picht, that the application of Approved Community Bank by M.O. Riffe III, Trustee (Brud Pickett), for a change in zoning of property located at 5416-5420 Birchman Street from 11PD34A" (Beauty Shop) to add office use subject to compliance with Section 18E (Landscape) and no detached signage, with site plan for an office, Zoning Docket Nos. Z-98-035 and SP-98-014, be approved. The motion carried unanimously. Z-98-043 Council Member Lane made a motion, seconded by Approved Council Member Picht, that the application of Roy & Carolyn Gonzales by Louis Zapata, for a change in zoning of property located at 3407 Decatur Avenue from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial and automotive sales, with waiver of site plan recommended, Zoning Docket No. Z-98- 025, be approved. The motion carried unanimously. Z-98-044 Council Member Picht made a motion, seconded by Approved Council Member Lane, that the application of Hallmark Youth Association,for a change in zoning of property located in the 7300 Block of Trimble Drive from "A" One-Family to "PD/SU" Planned I ct" CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12, 1998 PAGE 14 Development/Specific Use for outdoor sport facility and concession sales subject to construction of a parking lot access bridge by September 1, 1998, with hours of operation limited to 10:00 p.m., and waiver of site plan recommended, Zoning Docket No. Z-98-044, be approved. The motion carried unanimously. Z-98-045 Council Member Lane made a motion, seconded by Approved Council Member McCloud, that the application of James L. Mabrey, for a change in zoning of property located at 2900-2908 Western Center Blvd., from "AG" Agricultural to "G" Commercial, Zoning Docket No. Z-98-045, be approved. The motion carried unanimously. Z-98-046 Council Member Haskin made a motion, seconded SP-98-012 by Council Member Lane, that the application of Approved Pyramid Building Systems Inc., for a change in zoning of property located at 6500 Bridge Street from "G" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "G" Commercial plus general contractors storage office with outside storage (such storage limited to structural building parts only, no motorized equipment), with site plan for general contractors storage office with outside storage, Zoning Docket Nos. Z-98-046 and SP-98-012, be approved. The motion carried unanimously. Z-98-047 Council Member Hirt made a motion, seconded by Approved Council Member Silcox, that the application of Randy Reynolds,for a change in zoning of property located at 4520 Hemphill Street, from "PD/SU" r Sj CITY COUNCIL MEETING FORT WORTH,TEXAS MAY 12 , 1998 PAGE 15 Planned Development/Specific Use for auto sales, parking and storage to add indoor auto repair, Zoning Docket No. Z-98-047, be approved. The motion carried unanimously. Z-98-049 Council Member McCloud made a motion, seconded Approved by Council Member Lane, that the application of Affordable Residential Communities by David K. Prejean, for a change in zoning of property located in the 5400 Block of Parker Henderson from "B" Two-Family, "E" Commercial & "FR" Restricted Commercial to "MH" Mobile Home,Zoning Docket No. Z-98-049, be approved. The motion carried unanimously. Z-98-051 Council Member Lane made a motion, seconded by Approved Council Member Haskin, that the application of Hillwood Development Corporation by H. Dennis Hopkins,for a change in zoning of property located at the Northeast corner of Litsey Road and Elizabeth Town Cemetery Road from Unzoned to "K" Heavy Industrial, Zoning Docket No. Z-98-051, be approved. The motion carried unanimously. Z-98-052 Council Member Silcox made a motion,seconded by Approved Council Member Hirt, that the application of Dirks Branch L.P. by Assaad N. Assaad, for a change in zoning of property located in the 6800 Block of Dutch Branch Road, from "A" One-Family to "CF" Community Facilities, Zoning Docket No. Z-98-052, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH,TEXAS MAY 12, 1998 PAGE 16 There being no one else present desiring to be heard in connection with recommended changes and amendments to zoning Ordinance No. 3011,Council Member Lane made a motion, seconded by Council Member Haskin, that the zoning hearing be closed and the following ordinance be adopted: ORDINANCE NO. 13447 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 CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 12 , 1998 PAGE 17 PENAL CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. H. Dennis Hopkins Mr. H. Dennis Hopkins, 6850 Manhattan Boulevard, #406 appeared before the City Council and requested an appeal be granted and advised Council that he had an updated petition of support for the change in zoning of property located at 3722 Decatur Avenue. He further advised Council that the applicant intended to reduce the number of machines. Lidia OdeLeon Ms. Lidia OdeLeon, 30-56 Oscar, appeared before the City Council and expressed opposition to the application of Nasin Aziz for a change in zoning of property located at 3722 Decatur Avenue, Zoning Docket No.Z-98-053. She expressed concern for the young children and stated that this type of facility might keep children from attending school. Steve Hudgeons Mr. Steve Hudgeons,3009 Nichols, appeared before the City Council and expressed opposition to the application of Nasin Aziz for a change in zoning of property located at 3722 Decatur Avenue, Zoning Docket No. Z-98-053. He stated that he did not mind a family restaurant,but stated that this was far from it. CITY COUNCIL MEETING FORT WORTH,TEXAS MAY 12, 1998 PAGE 18 David Flores and Mr. David Flores, representing the Fort Worth Jim Fitzpatrick Independent School District, 1512 8th Avenue, Suite 100, and Mr. Jim Fitzpatrick, 2808 Tillar Street, appeared before the City Council and expressed opposition to the application of Nasin Aziz for a change in zoning of property located at 3722 Decatur Avenue, Zoning Docket No. Z-98-053. They advised Council that such a facility would be within 1,000 feet of a school,which was against Fort Worth ISD policy. Z-98-053 Council Member Lane made a motion, seconded by Council Member Haskin, that the application of Nasin Aziz by H. Dennis Hopkins, Zoning Docket No. Z-98-053 be denied. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 7:40 p.m. CITY SECRETARY MAYOR