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HomeMy WebLinkAbout1998/07/14-Minutes-City Council CITY COUNCIL MEETING JULY 149 1998 Date & Time On the 14th day of July,A.D., 1998,the City Council of the City of Fort Worth, Texas, met in regular session, at 7:00 p.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Chuck Silcox; Council Members Jim Lane, Becky Haskin, Clyde Picht, Jeff Wentworth, Ralph McCloud, and Cathy Hirt. City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by the Reverend Everette Carpenter, Victory Temple Worship Center. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Wentworth, seconded by Council Member McCloud,the minutes of the regular meeting of July 7, 1998, were approved unanimously. Special Presentation Council Member McCloud presented Certificates of Recognition to former Board and Commission members. Announcements Mayor Barr expressed appreciation to the Citizens Advisory Board Policing District No. 5 and thanked Chief Windham for the excellent event at the Police and Fire Training Center. Council Member Hirt publicly expressed the condolences of the City Council to the family of Edna Maria Rodriguez. She also expressed appreciation to all of the officers and Citizens on Patrol from District 9 as well as other districts of the City who assisted with the search. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 2 Withdrawn/Consent City Manager Terrell requested that Mayor and Agenda Council Communication Nos. G-12262, G-12263, G- 12264 and G-12265 be withdrawn from the consent agenda. Continued/ City Manager Terrell requested that Mayor and Withdrawn Council Communication No. G-12262 be continued for one week. Consent Agenda On motion of Council Member Lane, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Hirt made a motion, seconded by Mayor Pro tempore Silcox, that Karen Anisman, Kay Atherton, and Christina "Tina" McMillan be appointed to the Fort Worth Human Relations Commission. The motion carried unanimously. Council Member Hirt made a motion, seconded by Mayor Pro tempore Silcox, that Mary Bender be appointed to - the Animal Shelter Advisory Committee. The motion carried unanimously. Mayor Pro tempore Silcox advised Council and the audience that he had received several inquiries regarding this vacancy being filled by a professional, but was advised by legal staff that this requirement had already been met, and stated that this person did not need to be a professional. Council Member Hirt advised Council that the proper procedure had not been followed in the selection of the nominees for the Ethics Committee and stated that appointments would be brought to Council once all requirements have been met. G CITY COUNCIL MEETING FORT WORTH,TEXAS JULY 14, 1998 PAGE 3 Res. # 2417 There was presented Resolution No. 2417 from the Fort Worth City Manager recommending that Ramon Guajardo, Sports Emmett Murphy, Joe Dulle, and Jesse Gaines be Authority, Inc. appointed to the Board of Directors of the Fort Worth Sports Authority, Inc., with terms of office ending February 13, 2000. On motion of Council Member Lane, seconded by Council Member McCloud, the recommendation was adopted unanimously. Res. # 2418 There was presented Resolution No. 2418 from the Preemption of City Manager regarding the Preemption of State and State & Local Local Governments' Ability to Levy and Collect Gov. To Levy Sales Taxes on Internet Transactions. On motion of & Collect Taxes Council Member Wentworth, seconded by Mayor Pro tempore Silcox, the recommendation was adopted unanimously. OCS-995 There was presented Mayor and Council Claims Communication No. OCS-995 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-996 There was presented Mayor and Council Res. # 2419 Communication No. OCS-996 from the Office of the Canceling City City Secretary recommending that the City Council Council Mtg. adopt Resolution No. 2419 canceling the City Council Meeting of August 4, 1998. On motion of Council Member McCloud, seconded by Council Member Haskin, the recommendation was adopted unanimously. CITY COUNCIL MEETING FORT WORTH,TEXAS JULY 14, 1998 PAGE 4 G-12262 It was the consensus of the City Council that Continued for consideration of Mayor and Council Communication One week No. G-12262, Payment of Attorney's Fees to Cantey & Hanger as Legal Counsel to Represent B. Don Magness in the Lawsuit of Elizabeth "Jay" Seymour, Pamela Denis Wright, and Patricia Hale vs. B. Don Magness and the City of Fort Worth; Cause No. 249-68-98 be continued for one week. Mayor Barr excused himself from the Council table at this time and Mayor Pro tempore Silcox assumed the chair. G-12263 There was presented Mayor and Council Res. #2420 Communication No.G-12263 from the City Manager Ann Clarke Snell recommending that the City Council adopt Legal Counsel Resolution No. 2420 increasing to $52,000.00 the maximum amount authorized to be paid to Ann Clarke Snell of the law firm of Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, as outside counsel in the case of Larry Schoolcraft v. City of Fort Worth, et al., Cause No. 348-172050-97. Pat Taylor Mr. Pat Taylor, 913 E. Northside Drive, appeared before the City Council and expressed opposition to the City Council paying additional funds to outside legal Council once they exceed the limit previously authorized by Council. Council Member Haskin made a motion, seconded by Council Member McCloud, that Mayor and Council Communication No. G-12263 be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 5 G-12264 There was presented Mayor and Council Res. # 2421 Communication No.G-12264 from the City Manager Ann Clarke Snell recommending that the City Council adopt Legal Counsel Resolution No. 2421 increasing to $127,000.00 the maximum amount authorized to be paid to Ann Clarke Snell of the law firm of Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, as outside counsel in the case of City of Fort Worth v.Julius D. Zimlich, Cause No. 03-97-00475-CV. On motion of Council Member Haskin, seconded by Council Member Wentworth the recommendation was adopted unanimously. G-12265 There was presented Mayor and Council Res. # 2422 Communication No.G-12265 from the City Manager Kelly, Hart & recommending that the City Council adopt Hallman Resolution No. 2422 increasing to $150,000.00 the Legal Counsel maximum amount authorized to be paid to Kelly, Hart & Hallman for legal services in the lawsuit styled Town of Westlake et al.v. City of Fort Worth, Cause No. 3487 169048-97. On motion of Council Member Lane, seconded by Council Member McCloud, the recommendation was adopted unanimously. G-12266 There was presented Mayor and Council Over-The- Communication No.G-12266 from the City Manager Street Banner recommending that the City Council authorize the installation of an over-the-street banner in the 400 block of West 7th Street for the McDonald YMCA to promote the Minority Achievers Award Banquet for the period October 17, 1998, through November 21, 1998. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 6 G-12267 There was presented Mayor and Council Ord. #13520 Communication No. G-12267 from the City Manager International recommending that the City Council adopt Mechanical Code Ordinance No. 13520 amending the Fort Worth Mechanical Code, by adopting the 1996 International Mechanical Code and the 1997 Supplement to the International Mechanical Code, with local amendments; amending Section 7-166, 7- 167, 7-168 and adding Section 7-169 of the Code of the City of Fort Worth (1986); regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, equipment, design, quality of materials, use and maintenance of heating, comfort cooling and ventilating systems in the City of Fort Worth,Texas; creating an administration office and Mechanical Board and prescribing their duties; defining certain terms, establishing minimum requirements for the installation, alteration or repair of mechanical systems; providing for the issuance of permits and the collection of fees therefor; and providing for the inspection of such systems. Tony DiNicola, The following individuals appeared before the City Charlie Hall, Council and requested that the City Council give Merve Croston, favorable consideration for the adoption of the and Hamid Naderi International Mechanical and Plumbing Code: Tony DiNicola, 4404 Fiesta Circle Charlie Hall, 1419 Mariposa Drive, Mesquite Merve Croston, 2424 Winton Terrace Hamid Naderi, 9300 Jollyville Rd. #101, Austin CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 7 Randy Hilton Mr. Randy Hilton, 4600 Marsalis Street, Dallas, appeared before the City Council and expressed opposition to the adoption of the International Plumbing Code. He requested that the City Council continue this issue. Ann Kovich, Director of the Development Department, appeared before the City Council and stated that there were two fee schedules,one without any changes and one with a ten percent increase. She stated that the motion should state which fee schedule Council would be adopting. Council Member Haskin made a motion, seconded by Council Member McCloud, that Mayor and Council Communication No. G-12267 be adopted, with the revised fee schedule. The motion carried unanimously. G-12268 There was presented Mayor and Council Ord. # 13521 Communication No.G-12268 from the City Manager International recommending that the City Council adopt Plumbing Code Ordinance No. 13521 amending the Fort Worth Plumbing Code, Codified as Chapter 26 of the Code of the City of Fort Worth (1986), as amended, by adopting the 1997 International Plumbing Code, with local amendments; regulating the erection, construction, enlargement, alteration, repair, moving,removal,demolition,conversion,equipment, use and maintenance of plumbing and drainage systems for buildings and structures in the City of Fort Worth,and outside this jurisdiction if the same are connected to the City Water or sewage systems; creating an administration office and Plumbing Board and prescribing their duties; defining certain terms, establishing minimum requirements for the installation, alteration or repair of plumbing and rp CITY COUNCIL MEETING FORT WORTH,TEXAS JULY 14, 1998 PAGE 8 drainage systems; providing for the issuance of permits and the collection of fees therefor; and providing for the inspection of plumbing and drainage systems. On motion of Council Member Picht, seconded by Council Member McCloud, the recommendation was adopted unanimously with the revised fee schedule. G-12269 There was presented Mayor and Council Appeal of DeAnn Communication No.G-12269 from the City Manager McKinley and recommending that the City Council consider the Judith Crowder appeal by DeAnn McKinley and Judith Crowder of the decision by the Historic and Cultural Landmarks Commission to deny their request for a Certificate of Appropriateness for demolition of two structures in the Fairmount Southside Historic District. Pat Taylor Mr. Pat Taylor, 913 E. Northside Drive, appeared before the City Council and expressed opposition to the way that the hearings were conducted by the Historic and Cultural Landmarks Commission. He advised Council to review the tape from that meeting before making a decision and requested Council to conduct an investigation to determine if the Commission Member from District 9 has defacto declared a moratorium on demolition in Fairmount. Council Member Hirt advised Council that she had received a letter from the two owners of the property located at 1012 Lilac Street requesting a continuance until the September 8, 1998 meeting. She made a motion, seconded by Council Member Picht, that consideration of Mayor and Council Communication No. G-12269 be continued until September 8, 1998. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 9 It appeared to the City Council that they set today as the date for the public hearing regarding the adoption of appropriation ordinances, and authorization of Grant applicant to Texas Parks and Wildlife Department for Boat Ramp Improvements at Casino Beach Park. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Randle Harwood, representing the Parks and Community Services Department, appeared before the City Council and presented a staff report and stated that the hearing was to receive comments from citizens relative to the boat ramp improvements. He called attention of the Council to Mayor and Council Communication No. G-12270, as follows: G-12270 There was presented Mayor and Council Res. #2423 Communication No.G-12270 from the City Manager Ord. #13522 recommending that the City Council: Ord. #13523 Grant - Texas 1. Conduct a public hearing concerning boat Parks and ramp improvements at Casino Beach Parks; Wildlife and 2. Adopt Resolution No. 2423 authorizing the City Manager to submit an application for and accept, if awarded,a grant from the Texas Parks and Wildlife Department for boat ramp improvements at Casino Beach Park in the amount of$200,000.00; and 3. Adopt Appropriations Ordinance No. 13522 increasing the estimated receipts and appropriations in the Lake Worth Trust Fund in the amount of $66,666.00 from available funds for the purpose of providing local x CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 10 matching funds for boat ramp improvements at Casino Beach Park through a grant from the Texas Parks and Wildlife Department; and 4. Authorize the transfer of$66,666.00 from the Lake Worth Trust Fund to the Grants Fund for the City's match; and 5. Adopt Appropriations Ordinance No. 13523 increasing the estimated receipts and appropriations in the Grants Fund in the amount of$266,666.00 from available funds for the purpose of funding boat ramp improvements at Casino Beach Park through a grant from the Texas Parks and Wildlife Department. On motion of Council Member Wentworth, seconded by Council Member Hirt, the recommendation was adopted unanimously. G-12271 There was presented Mayor and Council Ord. # 13524 Communication No. G-12271 from the City Manager Pro Shop Operations recommending that the City Council adopt Z-Boaz & Rockwood Supplemental Appropriations Ordinance No. 13524 appropriating $239,771.00 to the Golf Fund and Decreasing the Unreserved, Undesignated, retained earnings balance by the same amount for the purpose of providing funding for Pro Shop operations at Z-Boaz and Rockwood golf courses. On the motion of Council Member Haskin, seconded by Council Member McCloud, the recommendation was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 11 G-12272 There was presented Mayor and Council Res. #2424 Communication No.G-12272 from the City Manager Ord. #13525 recommending that the City Council: Grant - Texas Parks and Wildlife 1. Adopt Resolution No. 2424 authorizing the City Manager to submit an application for and accept,if awarded,a grant from the Texas Parks and Wildlife Department for Southwest Community Park in the amount of $500,000.00; and 2. Authorize the transfer of$500,000.00 from the Parks and Recreation Improvements Fund to the Grants Fund for the City's 50 percent match upon notification of award; and 3. Adopt Appropriations Ordinance No. 13525 increasing the estimated receipts and appropriations in the Grant Fund in the amount of$1,000,000,00 from available funds for the purpose of funding the development of Southwest Community Park through a grant from the Texas Parks and Wildlife Department. On motion of Council Member Picht, seconded by Council Member Lane, the recommendation was adopted unanimously. G-12273 There was presented Mayor and Council Petition Communication No.G-12273 from the City Manager Improvement recommending that the City Council: District No. 6 for Park Glen 1. Receive the petition for establishment of the Fort Worth Public Improvement District No. 6 ("PID 6") for the Park Glen area; and ' Sl CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 12 2. Accept the application fee of $500.00 to be used by the City staff for petition verification and establishing a proposed assessment roll; and 3. Direct the City Manager and City Attorney to review the petition to determine whether the petition includes the necessary signatures and meets the other requirements of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code (the Public Improvement District Assessment Act); and 4. Schedule the petition for further consideration at a future City Council meeting. On motion of Council Member Haskin, seconded by Council Member McCloud,the recommendation was adopted unanimously. P-8645 There was presented Mayor and Council Purchase Communication No. P-8645 from the City Manager Agreement recommending that the City Council authorize the Firefighter City Manager to authorize a purchase agreement for Hip Boots firefighter hip boots and bunker boots with Casco Industries, on the basis of low bid, with payment terms of net 30 days, freight no charge, with term of agreement to begin July 15, 1998 and expire on July 14, 1999, with the 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 JULY 14, 1998 PAGE 13 P-8646 There was presented Mayor and Council Purchase Communication No. P-8646 from the City Manager Agreement recommending that the City Council authorize a Biomonitoring purchase agreement with Huther&Associates,Inc., Services to provide laboratory services to conduct biomonitoring and toxicity characterization studies on effluent samples from the City's wastewater treatment plant for the Water Department, based on lowest-responsive bid, net 30, one percent ten, with agreement to begin August 1, 1998, and expire July 31, 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-8647 There was presented Mayor and Council Purchase Communication No. P-8647 from the City Manager Agreement recommending that the City Council authorize a OEM Allison purchase agreement for OEM (Original Equipment Transmissions manufacturer) Allison transmissions and parts for the City Services Department with Industrial Power Isuzu Truck Incorporated based on the bid of various discounts with payment terms of net 30 days, f.o.b. vendor's dock, and no freight charge; with agreement to begin August 29, 1998, and expire August 28, 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-8648 There was presented Mayor and Council Purchase Communication No. P-8648 from the City Manager Agreement recommending that the City Council authorize a Rental of non-exclusive purchase agreement for the rental of Construction construction equipment with Prime Equipment, Equipment Darr Rental Company, Hertz Equipment Rental Corporation, US Rentals of Fort Worth and Keller, with agreement to begin July 14, 1998, and expire on CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 14 July 13, 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-8649 There was presented Mayor and Council Purchase Communication No. P-8649 from the City Manager Agreement recommending that the City Council authorize a Coy L. Beauchamp purchase agreement for dirt work at the Will Rogers Memorial Center with Coy L. Beauchamp Excavating based on the low bid, with payment terms of two percent 20, net 30 days, f.o.b. destination, with agreement to begin on July 15, 1998, and expire on July 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. P-8650 There was , presented Mayor and Council Purchase - Communication No. P-8650 from the City Manager XLS Process recommending that the City Council authorize the Control System purchase of hardware, software and installation for the XLS Process Control System for the Water Department from GE Motors & Industrial Systems Services Company, on the basis of a sole source, for unit price for a total amount of$33,565.00. It was the consensus of the City Council that the recommendation be adopted. P-8651 There was presented Mayor and Council Purchase of Jeeps Communication No. P-8651 from the City Manager recommending that the City Council authorize the purchase of two Jeep vehicles from Southwest Ford/Jeep for the City Services Department for an j CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 15 amount not to exceed $42,787.10, f.o.b. destination, freight no charge and payment terms of net 30 days. It was the consensus of the City Council that the recommendation be adopted. P-8652 There was presented Mayor and Council Purchase Communication No. P-8652 from the City Manager Agreement recommending that the City Council authorize a Police Uniforms purchase agreement for Police uniforms and and Equipment equipment with Ladd Uniform Company, based on the most complete and lowest overall bid, net 30 days, freight no charge, with agreement to begin July 13, 1998, and expire on July 12, 1999, with options to renew for tow additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-8653 There was presented Mayor and Council Purchase Communication No. P-8653 from the City Manager Asbestos recommending that the City Council authorize the Abatement purchase of asbestos abatement and demolition services at the Oakbrook Mall from the overall low bidder, Intercon Construction Co., for $401,618.00 with payment terms of net 15 days. Eunice Givens Mrs. Eunice Givens, 5500 Stafford Drive, appeared before the City Council and requested favorable consideration for the demolition of Oakbrook Mall. Council Member McCloud advised Council that he had received dozens of calls asking the City to demolish the mall. Council Member Picht advised Council that he was not in opposition to the demolition of the Mall, but stated that the project should not be accomplished with Crime District funds. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 16 In response to a question by Council Member Picht, Chief Windham appeared and explained that the crime statistics were from the entire police reporting area and not just the portion owned by the City. He stated that there were a large number of crimes around this particular area. Council Member McCloud made a motion,seconded by Council Member Lane, that Mayor and Council Communication No. P-8653 be approved. The motion carried by the following vote: AYES: Mayor Pro tempore Silcox; Council Members Lane, Haskin, Picht, Wentworth, McCloud, and Hirt NOES: Council Member Picht ABSENT: Mayor Barr Citizens Presentations Pat Taylor Mr. Pat Taylor, 913 E. Northside Drive, appeared before the City Council and advised Council that there were two illegal signs located on the property that was donated to the City known as "Hyde Park". He stated that something more commemorative should be placed to honor the Hyde family. He suggested that a committee be formed to decide what should be placed on this site. L -12281 There was presented Mayor and Council Acceptance Communication No.L-12281 from the City Manager of one recommending that the City Council approve the Permanent acceptance of one permanent sanitary sewer Easement easement described as being a portion of the P. Schoonover Survey, A-1405 and a temporary . x CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 17 construction easement from the same survey as stated above and the J. Watson Survey,A-1670 from Mary Ralph Lowe, Independent Executor of the Estate of Erma Lowe(95) percent and Communities Foundation of Texas (5) percent for a total cost of $3,250.00. It was the consensus of the City Council that the recommendation be adopted. L-12282 There was presented Mayor and Council Conveyance Communication No.L-12282 from the City Manager of Property recommending that the City Council authorize the City Manager_ to execute the appropriate deeds conveying a 15.907 acre tract of land out of the J. Burnett Survey, Abstract No. 178 and the L. D. Burnett Survey,Abstract No. 177 and a 23.362 acre tract of land out of the J. Goodman Survey,Abstract No. 583 to CentrePort Joint Venture, Inc.; and authorize the acceptance,filing and recording by the City of an avigation easement and release from CentrePort Venture,Inc.covering the same property in favor of the Cities of Dallas and Fort Worth and the Dallas/Fort Worth Airport Board. It was the consensus of the City Council that the recommendation be adopted. L-12283 There was presented Mayor and Council Lease Agreement Communication No. L-12283 from the City Manager Teas Western recommending that the City Council authorize the Resources City Manager to execute a lease agreement with Teas Western Resources for 506 square feet of office space on the second floor of the Terminal Building at Meacham International Airport Terminal Building. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH,TEXAS JULY 14, 1998 PAGE 18 L-12284 There was presented Mayor and Council Lease Renewal Communication No. L-12284 from the City Manager FAA recommending that the City Council authorize the City Manager to execute a lease agreement with the Federal Aviation Administration (FAA) for a ground site and building lease at Fort Worth Alliance Airport for the air traffic control tower. It was the consensus of the City Council that the recommendation be adopted. L-12285 There was presented Mayor and Council Amendment to Communication No. L-12285 from the City Manager CSC. # 16363 - recommending that the City Council authorize the Hangar Space City Manager to execute a five year extension to City Secretary Contract No. 16363, a lease with RAS Investments of Hangar 52S for $3,447.27 annually at Fort Worth Meacham International Airport. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. PZ-2052 There was presented Mayor and Council Ord. #13526 Communication No.PZ-2052 from the City Manager Vacating recommending that the City Council adopt Utility Easements Ordinance No. 13526 vacating utility easements affecting Lots 5, 6, and 17, 18 of Block 1; Lots 2 and 3 of Block 7; and Lots 10 and 11 of Block 5, Oakmont Meadows Addition, Fort Worth. It was the consensus of the City Council that the recommendation be adopted. C-16888 There was presented Mayor and Council Community Facilities Communication No. C-16888 from the City Manager Agreement with recommending that the City Council authorize the Village Homes, L.P. City Manager to execute a Community Facilities CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 19 Agreement with Village Homes, L.P. for the installation of community facilities for Trinity Heights Addition. It was the consensus of the City Council that the recommendation be adopted. C-16889 There was presented Mayor and Council Change Order Communication No. C-16889 from the City Manager No. 1 - Larry H. recommending that the City Council authorize Jackson Change Order No. 1 to City Secretary Contract No. Construction, Inc. 23643 with Larry H. Jackson, Construction, Inc., in the amount of$40,360.00 for installation of a 6-inch pipe subdrain in Rowan Drive, from Clayton Road to Woodstock Road, revising the total cost of $421,700.35. It was the consensus of the City Council that the recommendation be adopted. C-16890 There was presented Mayor and Council Contract with Communication No. C-16890 from the City Manager Circle "C" recommending that the City Council authorize the Construction Co. City Manager to execute a contract with Circle "C" Construction Co. In the amount of$1,511,339.90 for Water Main Rehabilitation Contract 97DD. It was the consensus of the City Council that the recommendation be adopted. C-16891 There was presented Mayor and Council Contract with Communication No. C-16891 from the City Manager Multatech recommending that the City Council authorize the Engineering, Inc. City Manager to execute an engineering agreement with Multatech Engineering, Inc., for the design of the addition of a digester gas fired engine/generator at Village Creek Wastewater Treatment Plant, for a total fee not to exceed $525,661.00. It was the consensus of the City Council that the recommendation be adopted. { CITY COUNCIL MEETING FORT WORTH,TEXAS JULY 14, 1998 PAGE 20 C-16892 There was presented Mayor and Council U. S. Dept. Of Communication No. C-16892 from the City Manager Labor JTPA recommending that the City Council authorize the Title IV City Manager to execute an amendment to the Job Training Partnership Act Title IV contract with the U.S. Department of Labor to extend the ending date of the contract to June 30, 1999. It was the consensus of the City Council that the recommendation be adopted. Public Hearing - It appeared to the City Council that they set today as Crime Control & the date for a public hearing for the Fort Worth Prevention District Crime Control and Prevention District Fund and • that notice of the hearing had been published in the official newspaper. Mayor Pro tempore Silcox asked if there was anyone present desiring to be heard. Chief Thomas Windham appeared before the City Council and presented a staff report and advised Council that today public hearing did not require Council action. He advised Council that an action item would be forthcoming. There being no one else desiring to be heard, Council Member Haskin made a motion, seconded by Council Member Wentworth,that the public hearing on FY 1998-99 Fort Worth Crime Control and Prevention District Budget be closed. The motion carried by the following vote: AYES: Council Members Lane, Haskin, Wentworth, McCloud and Hirt NOES: Mayor Pro tempore Silcox; and Council Member Picht ABSENT: Mayor Barr CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 21 Public Hearing - It appeared to the City Council that they set today as Budget Adjustments the date for a public hearing on Budget Adjustments Crime Control to the Fort Worth Crime Control and Prevention & Prevention District District Fiscal Year 1997-98 Budget and that notice of the hearing had been published in the official newspaper. Mayor Pro tempore Silcox asked if there was anyone present desiring to be heard. Chief Thomas Windham appeared before the City Council and presented a staff report and advised Council that today public hearing did not require Council action. He advised Council that an action item would be forthcoming. There being no one else desiring to be heard, Council Member McCloud made a motion, seconded by Council Member Lane, that the public hearing on FY 1998-99 Fort Worth Crime Control and Prevention District Budget be closed. The motion carried unanimously. Z-98-036 It appeared that the City Council at its meeting of Continued for June 9, 1998, continued the hearing of Mr. Ron one week Norman by Carter&Burgess,for a change in zoning of property located in the 7300 Block of Granbury Road, from "C" Multi-Family & "IP" Industrial Park to "A" One-Family. Mayor Pro tempore Silcox asked if there was anyone present desiring to be heard. Mike Ball Mr. Mike Ball, 513 Main Street #201, appeared before the City Council and advised Council he was in favor of the proposed change in zoning and stated that he was unaware of a letter requesting continuance of Zoning Docket No. Z-98-036. k CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 22 There being no one else present desiring to be heard, Council Member Picht made a motion, seconded by Council Member Haskin,that the application of Mr. Ron Norman for a change in zoning of property located in the 7300 Block of Granbury Road,Zoning Docket No. Z-98-036, be continued for one week. The motion carried unanimously. Z-98-050 It appeared that the City Council at its meeting of SP-98-013 June 9, 1998, continued the hearing of G/WHIS Approved McCart Joint Venture by Chuck Mitchell, for a change in zoning of property located in the 3200 Block of Sycamore School Road, from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial plus auto parts store subject to compliance with Section 18.E (Landscape Regulations), and one monument sign not to exceed 16 feet in height and 110 square feet per side; Site plan required. Mayor Pro tempore Silcox asked if there was anyone present desiring to be heard. Nancy Marks, Ms. Nancy Marks, and Carol Shiery, 7508 Boulder and Carol Shiery Circle, appeared before the City Council and requested favorable consideration of the Council for the application of G/WHIS McCart Joint Venture for a change in zoning of property located in the 3200 Block of Sycamore School Road,Zoning Docket No. Z-98-050. Chuck Mitchell Mr. Chuck Mitchell, 1809 Dakar Road East, appeared on behalf of the applicant and requested favorable consideration of the proposed change in zoning for property located in the 3200 Block of CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 23 Sycamore School Road and presented Council with a modified site plan with pole signs and some landscaping on the property and removing the monument sign that was requested by the City Zoning Commission. Council Member Picht made a motion to approve the application of G/WHIS McCart Joint Venture, with the modified site plan. The motion died for lack of a second. Council Member Haskin inquired about the hours of operation for this Chief Auto Parts store. Mr. Mitchell informed Council that the hours were normally 9:00 a.m. - 11:00 p.m. on Monday through Saturday, and 10:00 a.m. - 6:00 p.m. on Sunday. Council Member Hirt made a motion, seconded by Council Member Haskin, that the application of G/WHIS McCart Joint Venture, with the site plan recommended by the City Zoning Commission and adding the hours of operation from 9:00 a.m.- 11:00 p.m. on Monday through Saturday, and 10:00 a.m. - 6:00 p.m. on Sunday. The motion carried by the following vote: AYES: Mayor Pro tempore Silcox; Council Members Lane, Haskin, Wentworth, McCloud, and Hirt NOES: Council Member Picht ABSENT: Mayor Barr CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 24 It appeared to the City Council that Resolution No. 2407 was adopted on June 23, 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 June 26, 1998. Mayor Barr asked if there was anyone present desiring to be heard. Z-98-058I Council Member Lane made a motion, seconded by Approved Council Member Haskin, that the application of Historic and Cultural Landmark Commission, for a change in zoning of property located at 1310-1332 North Main Street from "J" Light Industrial to add "DD"Demolition Delay Overlay,Zoning Docket No. Z-98-058I, be approved. The motion carried unanimously. Z-98-058J Council Member McCloud made a motion,seconded Approved by Council Member Haskin, that the application of Historic and Cultural Landmark Commission, for a change in zoning of property located at 3401 Avenue I from "CF" Community Facilities to add "DD"Demolition Delay Overlay,Zoning Docket No. Z-98-058J, be approved. The motion carried unanimously. Z-98-058K Council Member McCloud made a motion,seconded Approved by Council Member Lane, that the application of Historic and Cultural Landmark Commission, for a change in zoning of property located at 311 Bryan Avenue from "J" Light Industrial to add "DD" Demolition Delay Overlay, Zoning Docket No. Z-98- 058K, be approved. The motion carried unanimously. 0 CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 25 Z-98-063 Council Member Hirt made a motion, seconded by SP-98-017 Council Member Haskin,that the application of The Approved Summit Group by Claude Greene, for a change in zoning of property located at 6851 West Freeway from "J" Light Industrial to "PD/SU" Planned Development/Specific use for a hotel,Zoning Docket Nos. Z-98-063 and SP-98-017, be approved. The motion carried unanimously. Z-98-064 Messrs. Bob Cox, 2400 Western Center Boulevard, Bob Cox and and William A. Herrington, 500 W. 7th Suite 1777, William A. appeared before the City Council and requested that Herrington a 30-day continuance be granted for the application of Dickerson Properties. Jim Dunaway Mr.Jim Dunaway, 1501 Merrimac Circle,Suite 100, appeared before the City Council representing the applicant, Dickerson Properties, and requested favorable consideration for a change in zoning from "G" Commercial to "C" which is in conformance with the Comprehensive Plan. Mike Stareck Mr. Mike Stareck, 8333 Douglas, Ste. 1300, Dallas, appeared before the City Council relative to the traffic study performed and stated that a traffic impact analysis was also performed. Larry Stevens Mr. Larry Stevens, representing the Northbrook Neighborhood Association,appeared before the City Council and spoke in favor of the change in zoning for the application of Dickerson Properties. He stated that the neighborhood did not want to be surrounded by multi-family housing. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 26 Mark Wood and Mark Wood, 5949 Sherry Lane, Suite 1400, and John Dickerson John Dickerson, 4505 Emerion, Dallas, appeared before the City Council and requested that the Council give favorable consideration for the project. Z-98-064 Council Member Wentworth made a motion, Continued for seconded by Council Member Lane, that the 30 days application of Dickerson Properties, Inc., for a change in zoning of property located in the 6500 block of Old Denton Road,Zoning Docket No. Z-98- 064, be continued for 30 days. The motion carried unanimously. Z-98-068 Council Member Wentworth made a motion, Approved seconded by Council Member McCloud, that the application of Lilli Burgess Smith - Hoven Kamp House, for a change in zoning of property located at 4911 Bryce Avenue from "B" Two-Family to "B/HC" Two Family/Historic & Cultural Landmark Overlay, Zoning Docket No. Z-98-068, be approved. The motion carried unanimously. Jim Schell Mr.Jim Schell,representing Trinity Waste Services, 901 Fort Worth Club Building, appeared before the City council and requested favorable consideration of the Council for the proposed change in zoning of property located in the 6200 Block of Elliott Reeder Road from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for a transfer station and material recover facility. He also stated that he wanted to confirm that operational restriction was added to the site plan. Z-98-069 Council Member Haskin made a motion, seconded SP-98-019 by Council Member McCloud, that the application Approved of Trinity Waste Services by James W. Schell, for a change in zoning of property located at 6200 Block CITY COUNCIL MEETING FORT WORTH,TEXAS JULY 14, 1998 PAGE 27 of Elliott Reeder Road, from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for a transfer station and material recovery facility, Zoning Docket Nos. Z-98-069 and SP-98-019, be approved. The motion carried unanimously. Z-98-070 Council Member Wentworth made a motion, Approved seconded by Council Member Haskin, that the application of Regan and Mcclure by Carter & Burgess, for a change in zoning of property located in the 2400 Block of Chapel Creek Blvd., from "E" & "G" Commercial to "A" One-Family, Zoning Docket No. Z-98-070, be approved. The motion carried unanimously. Z-98-071 Council Member McCloud made a motion, seconded Approved by Council Member Lane, that the application of Reliable Coating, Inc. by Ernest Hedgecoth, for a change in zoning of property located at 13200 Euless Street from "AG" Agricultural to "I" Light Industrial, Zoning Docket No. Z-98-071, be approved. The motion carried unanimously. Z-98-072 Council Member Lane made a motion, seconded by Approved Council Member Wentworth, that the Text Amendment be approved by amending the comprehensive zoning ordinance of the City of Fort Worth, being Ordinance No. 3011, as amended, codified as appendix "A" of the Code of the City of Fort Worth (1986), as amended, to amend the boundaries of the Will Rogers Memorial Complex Area in order to provide that sexually oriented businesses shall'not be permitted within 1,000 feet of CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 28 the area bordered by University Drive, Camp Bowie Boulevard, Montgomery Street and Harley Avenue, Zoning Docket No. Z-98-072, be approved. The motion carried unanimously. There being no one else present desiring to be heard in connection with recommended changes and amendments to zoning Ordinance No. 3011, Council Member Lane made a motion, seconded by Council Member Haskin, that the zoning hearing be closed and the following ordinances be adopted: ORDINANCE NO. 13527 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 CITY COUNCIL MEETING FORT WORTH,TEXAS JULY 14, 1998 PAGE 29 OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. ORDINANCE NO. 13528 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 30119 AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, TO AMEND THE BOUNDARIES OF THE WILL ROGERS MEMORIAL COMPLEX AREA IN ORDER TO PROVIDE THAT SEXUALLY ORIENTED BUSINESSES SHALL NOT BE PERMITTED WITHIN 1,000 FEET OF THE AREA BORDERED BY UNIVERSITY DRIVE, CAMP BOWIE BOULEVARD, MONTGOMERY STREET AND HARLEY AVENUE. The motion carried unanimously. Z-98-017 Council Member Hirt made a motion, seconded by Council Member McCloud, that the application of BB Genpar, Inc., Zoning Docket No. Z-98-017, be denied. The motion carried unanimously. A CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 14, 1998 PAGE 30 Z-98-040 Council Member Wentworth made a motion, SP-98-009 seconded by Council Member Hirt, that the application of Longhorn Yacht Racing Associates by City of Fort Worth,Zoning Docket Nos. Z-98-040 & SP-98-009, be denied. The motion carried unanimously. Citizen Presentations Ms. Linda Austin, 8908 Heron, appeared before the Linda Austin City Council and expressed opposition to the City paying taxpayers money for improvements for leased property and no improvements had been made. She advised Council that the Longhorn Yacht Racing Association which leases Block 27, Lots 36, 37, and 38 of Lake Worth property were in violation of many City ordinances and requested that a formal investigation be conducted. Willie Starr Mr. Willie Starr II, 1204 Limerick Drive, appeared before the City Council and requested that the action finding Marcus Cable in non-compliance with customer service standards for $5,000.00 be rescinded and,,;that, the amount be increased to $309000.00. City Manager Terrell informed Mr. Starr that the City does periodic quality checks, and stated that Mr. Svacina would make sure that his compliant gets to the proper source. Adjournment There being no further business, the meeting was adjourned at 9:44 p.m. l qua� LL � l CITY SECRETARY MAYOR