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HomeMy WebLinkAbout1998/08/25-Minutes-City Council S CITY COUNCIL MEETING AUGUST 25, 1998 Date & Time On the 25th day of August, A.D., 1998, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:23 a.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 Reverend Karl Hockenhull, Ebenezer Missionary Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member McCloud, seconded by Council Member Haskin, the minutes of the regular meeting of August 18, 1998, were approved unanimously. Special Presentations Council Member Haskin presented a proclamation for Texas Christian University Frog Club Day. Oath of Office City Secretary Pearson administered the Oath of Administered Office to Council Member Elect Frank Moss. Council Member Moss gave brief remarks. Announcements Mayor Pro tempore Silcox advised Council that he had the pleasure to represent the City of Fort Worth, during the absence of the Mayor, in a meeting with Jeno Poda, Deputy State Secretary in charge of NATO and European Security, Office of the Prime Minister of Budapest, Hungary. r e CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 2 Council Member Hirt announced that the first Annual Volunteer Fair of approximately 300 students would be held on Tuesday, September 1, 1998, at the Will Rogers Complex. Withdrawn/Consent City Manager Terrell requested that Mayor and Agenda Council Communication No. C-16949 be withdrawn from the consent agenda. Withdrawn/ City Manager Terrell requested that the zoning Continued application of Parkside, Ltd., Zoning Docket No. Z- 98-061, be withdrawn from the agenda, and advised Council that this item should be placed on the agenda for September 8, 1998. Consent Agenda On motion of Mayor Pro tempore Silcox, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. Res. # 2442 There was presented Resolution No. 2442 approving FY 98-99 Tarrant the Fiscal Year 1998-99 Tarrant County 9-1-1 County 9-1-1 District District Budget. On motion of Council Member Budget Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. Res. # 2443 There was presented Resolution No. 2443 approving FY 98-99 Budget for the Fiscal Year 1998-99 Budget for Dallas/Fort D/FW International Worth International Airport. On motion of Council Airport Member Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. OCS-1006 There was presented Mayor and Council Claims Communication No. OCS-1006 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 CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 3 Council that the recommendation be adopted. G-12301 Continued There was presented Mayor and Council for One Week - Communication No. G-12301, dated August 18, Substantial Change 1998, from the City Manager recommending that the City Council amend the "Substantial Change" definition in the 1995 Consolidated Plan. The recommendation is based on the City's May 6, 1998 regulations governing procurement of services. Council Member Haskin made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. G-12301 be continued for one week. The motion carried unanimously. G-12306 There was presented Mayor and Council Declaration o f Communication No. G-12306 from the City Sufficiency of Petition Manager recommending that the City Council: PID #6 1. Find that the petition for establishment of the proposed Fort Worth Improvement District No. 6 contains sufficient signatures and meets other requirement of Chapter 372, Subchapter A, Section 372.005 of the Local Government Code (the Public Improvement District Assessment Act); and 2. Direct the City Secretary to file I.R. Number 8151 containing the information as required by Chapter 372, Subchapter A; and 3. Set September 15, 1998, at 10:00 a.m. as the date and time to consider the following matters: (a) the advisability of establishing the proposed district; CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 4 (b) the general nature of the proposed improvements and/or services; (c) the estimated costs of the improvements and/or services; (d) the boundaries of the proposed improvement district; (e) the proposed method of assessment; and (f) the proposed apportionment of costs between the public improvement district and the municipality as a whole. 4. Direct the City Secretary to give notice of the public hearing in accordance with state law. It was the consensus of the City Council that the recommendation be adopted. G-12307 There was presented Mayor and Council Tax Exemptions for Communication No. G-12307 from the City Various Properties Manager recommending that the City Council approve the owners' applications for partial tax exemption for 1915 College Avenue; 2105 Washington Avenue; 1808 6th Avenue; 4911 Bryce Avenue; and 5220 Locke Avenue. It was the consensus of the City Council that the recommendation be adopted. G-12308 There was presented Mayor and Council Ord. # 13554 Communication No. G-12308 from the City Air Pollution Control Manager recommending that the City Council: Grant CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 5 1. Authorize the City Manager to submit an application for, and accept if offered, a grant from the Texas Natural Resource Conservation Commission (TNRCC) for the Department of Environmental Management's Air Pollution Control Program in the amount of$98,540.00; and 2. Authorize a non-interest bearing inter-fund loan from the Environmental Management Fund to the Grant Fund in the amount of $24,635 .00 for interim financing of 25 percent of this grant project pending contract execution; and, 3. Adopt Appropriation Ordinance No. 13554 increasing the estimated receipts and appropriations in the Grant Fund in the amount of$98,540.00 from available funds for the purpose of funding the Environmental Management's Air Pollution Control Program through a grant from the Texas Natural Resource Conservation Commission; and 4. Waive the collection of indirect costs for this grant in the amount of$9,614.00, based on the most current indirect cost rate of 21.33 percent for this department, and use the amount of waived indirect costs as a portion of the City's required in-kind matching amount for this project; and 5. Authorize the use of$65,693.00 in the General Fund as an in-kind match for this grant. A CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 6 It was the consensus of the City Council that the recommendation be adopted. G-12309 There was presented Mayor and Council Settlement of Claim - Communication No. G-12309 from the City Louis Redden dba Manager recommending that the City Council Cowboy Towing approve the settlement of the claim filed by Louis Redden, dba Cowboy Towing; authorize the City Manager to expend the sum of $31,294.35 for the repair of Mr. Redden's vehicle and rental of a vehicle from Texas Wrecker Sales,Inc. For business use while Mr. Redden's vehicle was being repaired; and authorize payment of $18,694.35 of the above amount to Mr. Redden and Texas Wrecker Sales, Inc. for repairs, and $12,600.00 to Texas Wrecker Sales, Inc. for vehicle rental. It was the consensus of the City Council that the recommendation be adopted. G-12310 There was presented Mayor and Council Res. # 2444 Communication No. G-12310 from the City Res. # 2445 Manager recommending that the City Council adopt Setting Basic Tier Resolution Nos. 2444 and 2445 setting basic tier Cable Service cable service, equipment, installation and certain other rates for Marcus Cable Associates, L.P. for the period September 1, 1998 to August 31, 1999. Mayor Pro tempore Silcox advised the City Council that he would be filing a Conflict of Interest affidavit on this item involving Marcus Cable Associates. Council Member Lane made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-12310 be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 7 AYES: Mayor Barr; Council Members Lane, Haskin, Picht,Wentworth, McCloud, and Hirt NOES: None ABSENT: None NOT VOTING: Mayor Pro tempore Silcox G-12311 There was presented Mayor and Council Ord. # 13555 Communication No. G-12311 from the City Commercial Waste Manager recommending that the City Council adopt Haulers Ordinance No. 13555 amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5 "Environmental Protection and Compliance", Article VII "Solid Waste and Recycling", Division 5. "Private Contractors" in its entirety, providing privilege agreements and Solid Waste Vehicle Hauling permits for private collectors, providing an application, investigation, and granting of privilege and permits, providing terms for suspension or revocation, providing for Grantee's records and reports, providing penalties. On motion of Council Member Wentworth, seconded by Council Member McCloud, the recommendation was adopted unanimously. G-12312 There was presented Mayor and Council Amendment to FY Communication No. G-12312 from the City 97-98 Crime Control Manager recommending that the City Council and Prevention approve an amendment to the FY 1997-98 Crime District Budget Control and Prevention District budget to transfer $50,000.00 in budgetary savings in the Neighborhood Storefronts program to the Graffiti CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 8 Abatement program for the purpose of funding additional contract graffiti abatement services. On motion of Council Member Lane, seconded by Council Member McCloud, the recommendation was adopted unanimously. P-8676 There was presented Mayor and Council Purchase Communication No. P-8676 from the City Manager Agreement recommending that the City Council authorize: for Janitorial Services 1. A purchase agreement for janitorial services at buildings maintained by the Transportation and Public Works Department, General Services Division with CTJ Maintenance, Inc., based on the low bid as follows: a. Janitorial services shall be provided for $8.98 per hour; and b. Stripping and waxing of floors without moving furniture shall be provided for $0.0975 per square foot; and C. Stripping and waxing of floors with the moving of furniture shall be provided for $0.1175 per square foot; and d. Payment terms net 30 days. 2. This agreement to begin on September 1, 1998, and expire on August 31, 1999, with options to renew for three additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 9 P-8677 There was presented Mayor and Council Purchase of Runway Communication No. P-8677 from the City Manager Sealer Application recommending that the City Council authorize the Services purchase of runway sealer application services from Pavement Services Corporation for the Aviation Department based on the low bid of$28,408.00,with payment due on completion. It was the consensus of the City Council that the recommendation be adopted. P-8678 There was presented Mayor and Council Amending M&C Communication No. P-8678 from the City Manager P-8445, Library recommending that the City Council authorize the Materials Purchases City Manager to amend M&C P-8445 (previously approved), Library Materials Purchases in Excess of $15,000.00 with a Single Vendor, to include Brodart, Inc. It was the consensus of the City Council that the recommendation be adopted. L-12313 There was presented Mayor and Council Amendment to CSC Communication No. L-12313 from the City #23453 with Manager recommending that the City Council American Flyers, Inc. authorize the City Manager to execute an amendment to City Secretary Contract No. 23453, a Terminal Building Office Lease Agreement with American Flyers, Inc. for Suites 108 and 108A at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-12314 There was presented Mayor and Council Permanent Utility Communication No. L-12314 from the City Easement Manager recommending that the City Council approve the acceptance of one permanent utility easement described more fully as part of Lot 2R, Block 1, Pace Alsbury Village Addition, from CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 10 Brinker International, Inc. for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12315 There was presented Mayor and Council Permanent Utility Communication No. L-12315 from the City Easement Manager recommending that the City Council approve the acquisition of one underground permanent utility easement described as being an easement located in the A.C. Warren Survey, Abstract No. 1687, from Alliance Hotel II, for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-12316 There was presented Mayor and Council Terminal Building Communication No. L-12316 from the City Office Lease Manager recommending that the City Council Agreement authorize the City Manager to execute a Terminal Building Office Lease Agreement for Suite C with Omniflight Helicopters, Inc. at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. L-12317 There was presented Mayor and Council Lease Agreement Communication No. L-12317 from the City with Sprint Manager recommending that the City Council Spectrum, L.P. authorize the City Manager to execute a lease agreement with Sprint Spectrum, L.P. for the use of a City communications tower, Holly site, to install Personal Communications Systems communications equipment, and authorize the lease agreement to begin on September 1, 1998, and end August 31, 2003, with the option to renew for two additional five-year terms through 2013. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 11 L-12318 There was presented Mayor and Council Consent to Communication No. L-12318 from the City Deed of Trust Lien Manager recommending that the City Council authorize the City Manager to execute a Consent to Deed of Trust Lien and Security Agreement on the Hangar 39-N Lease Site at Meacham International Airport by IAS Aviation Services,L.L.C. to Western National Bank. On motion of Council Member Lane, seconded by Council Member Picht, the recommendation was adopted unanimously. L-12319 There was presented Mayor and Council Condemnation of Communication No. L-12319 from the City Land & Permanent Manager recommending that the City Council W a t e r Main declare the necessity of taking a fee simple interest Easement and a permanent water main easement across a portion of Tract B, Jose Chirino Survey, Abstract 265, and authorize the City Manager to institute condemnation proceedings against the land. On motion of Council Member Lane, seconded by Council Member Haskin, the recommendation was adopted unanimously. L-12320 There was presented Mayor and Council Land Donation Communication No. L-12320 from the City Manager recommending that the City Council authorize the City Manager to accept, on the City's behalf, approximately 0.844 acres adjoining Lake Como Park, legally described as Chamberlain Arlington Heights Block 146R Lot 39, which is offered as a donation by Mr. J. Carter Llewellyn and family, and authorize the Parks and Community Services Department to add the donated acreage to the official park inventory as part of Lake Como Park. On motion of Council Member Wentworth, seconded by Mayor Pro tempore Silcox, the recommendation was adopted CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 12 unanimously, with appreciation. L-12321 There was presented Mayor and Council License Agreement - Communication No. L-12321 from the City YMCA of Manager recommending that the City Council: Metropolitan 1. Authorize the City Manager to enter into a license agreement with the YMCA of Metropolitan Fort Worth for trail and recreational use of 8.058 acres of Marion Sansom Park, which is adjacent to Camp Carter; and 2. Approve the term of the agreement to be for twenty years from the date of execution of the agreement; and 3. Approve the fee to be charged to the YMCA to bee $1.00 per year for each of the twenty years of the agreement. On motion of Council Member Wentworth, seconded by Council Member Haskin, the recommendation was adopted unanimously. C-16946 There was presented Mayor and Council Amendment Communication No. C-16946 from the City with Aerotek, Inc. Manager recommending that the City Council authorize the City Manager to amend the existing service agreement between the City and Aerotek, Inc. (City Secretary Contract No. 23179) to revise the classifications of technical personnel and their hourly rates for Telecommunications Services Division, Information Systems and Services Department. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 13 C-16947 There was presented Mayor and Council Ord. # 13556 Communication No. C-16947 from the City Fort Worth Manager recommending that the City Council Communities in Schools, Inc. 1. Accept a Job Training Partnership Act (JTPA) Title IV grant from the U.S. Department of Labor in the amount of $200,000 to continue implementing the Quantum Opportunities Project, (QOP) for contract period beginning June 28, 1998, to September 30, 1999; and 2. Adopt Appropriation Ordinance No. 13556 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $400,000.00 subject to the receipt of the grant from the U.S. Department of Labor for the purpose of funding the implementation of the Quantum Opportunities Project; and 3. Accept in-kind match of$35,000.00 from Fort Worth Communities in Schools, Inc.; and 4. Accept in-kind match of $165,000.00 from JTPA Title IIC; and 5. Apply indirect costs according to Administrative Regulation 3-15 using the most current approved indirect cost rate of 6.58 percent for this Department. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 14 C-16948 There was presented Mayor and Council Ord. # 13557 Communication No. C-16948 from the City Peer Advisor Services Manager recommending that the City Council: from Lockheed Martin Tactical 1. Accept Peer Advisor Services Funds form Aircraft Lockheed Martin Tactical Aircraft and adopt the Supplemental Appropriation Ordinance No. 13557 increasing the estimated receipts and appropriations in the General Fund in the amount of $21,372.00 from available funds for the purpose of funding Peer Advisor Services through funds from Lockheed Martin Tactical Aircraft; and 2. Authorize the City Manager to enter a Personal Services Agreement with Mr. Perry Rutledge to serve as Peer Advisor at the Westside Workforce Center at a salary not to exceed $21,372.00 for the period beginning July 1, 1998, and ending December 31, 1998. It was the consensus of the City Council that the recommendation be adopted. C-16949 There was presented Mayor and Council Engineering Communication No. C-16949 from the City Agreement with Ned Manager recommending that the City Council K. Burleson & authorize the City Manager to execute an Associates, Inc. engineering agreement with Ned K. Burleson & Associates, Inc. in the amount of $80,155.72 for pavement reconstruction and water and sanitary sewer replacements on Wonder Drive (Granbury to Trail Lake). Cite Manager Terrell advised Council of a correction to be made to Mayor and Council Communication No. C-16949 stating that the second paragraph under Discussion should reflect that the CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 15 street is scheduled for concrete pavement reconstruction not asphalt pavement reconstruction as listed. Council Member Lane made a motion, seconded by Council Member Picht, that Mayor and Council Communication No. C-16949 be approved, as amended. The motion carried unanimously. C-16950 There was presented Mayor and Council Travis Avenue Communication No. C-16950 from the City Baptist Church Manager recommending that the City Council authorize the City Manager to execute an agreement with Travis Avenue Baptist Church to facilitate the construction Main 36SR Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 5, Contract 2), Part 7. It was the consensus of the City Council that the recommendation be adopted. C-16951 There was presented Mayor and Council Engineering Communication No. C-16951 from the City Agreement with Halff Manager recommending that the City Council & Associates, Inc. authorize the City Manager to execute an engineering agreement with Halff& Associates, Inc. in the amount of $ 103,010.00 for pavement reconstruction and water and sanitary sewer replacements on Ashland Avenue (Donnelly to Alamo), Valentine Street (I-30 Service Road to Ashland) and Ashland Avenue (Donnelly to I-30 Service Road). It was the consensus of the City Council that the recommendation be adopted. C-16952 There was presented Mayor and Council Sterling Communication No. C-16952 from the City Construction, Inc. Manager recommending that the City Council authorize the City Manager to execute a contract CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 16 with Texas Sterling Construction, Inc., in the amount of $602,748.70 for Main 36SR Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 5, Contract 2), Part 9, Unit 1. It was the consensus of the City Council that the recommendation be adopted. C-16953 There was presented Mayor and Council Ord. # 13558 Communication No. C-16953 from the City Grant Application- Manager recommending that the City Council: Youth Court Assistance Program 1. Authorize the City Manger to apply for and, if offered, accept and execute a grant contract with the U. S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention for a Youth Court Training and Technical Assistance Delivery Program in the amount of $272,588.95; and 2. Adopt Appropriation Ordinance No. 13558 increasing estimated receipts and appropriations in the amount of$272,588.95 at a rate of $15,143.83 per month for an 18 month period subject to the receipt of the Grant from the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention for the purpose of funding the Youth Court Training and Technical Assistance Project; and 3. Waive the collection of indirect costs for this grant in the amount $22,734.00, based on the most current indirect cost rate of 8.34 percent for this department. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 17 C-16954 There was presented Mayor and Council Interlocal Agreement Communication No. C-16954 from the City City of River Oaks Manager recommending that the City Council authorize the City Manager to enter into an interlocal agreement with the City of River Oaks providing for their participation in, and payment of, their proportionate share of costs for the Environmental Collection Center's hazardous Waste collection and disposal. It was the consensus of the City Council that the recommendation be adopted. C-16955 There was presented Mayor and Council Engineering Communication No. C-16955 from the City Agreement with Manager recommending that the City Council Freese & Nichols, Inc. authorize the City Manager to execute an engineering agreement with Freese & Nichols, Inc. For the design of the Village Creek Wastewater Treatment Plant Uprating Modifications, Phase I, for a total fee not to exceed $573,222.00. It was the consensus of the City Council that the recommendation be adopted. C-16956 There was presented Mayor and Council Ord. # 13559 Communication No. 16956 from the City Manager Amendment to CSC recommending that the City Council: #22930 - Teague Nall and Perkins, Inc. 1. Authorize the transfer of$16,073.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; and 2. Adopt the Appropriation Ordinance No. 13559 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $16,073.00 from available funds for the purpose of funding Amendment No. 1 to the engineering CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 18 agreement with Teague, Nall and Perkins, Inc., for Water Line Rehabilitation Contract 6697 CC" ; and 3. Authorize the City Manager to execute an Amendment No. 1 to City Secretary Contract No. 22930 with Teague Nail and Perkins, Inc. in the amount of $16,073.00, thereby increasing the contract amount to $69,465.00. It was the consensus of the City Council that the recommendation be adopted. C-16957 There was presented Mayor and Council Ord. # 13560 Communication No. 16957 from the City Manager Engineering recommending that the City Council: Agreement with Transystems 1. Authorize the transfer of$70,236.00 from the Corporation Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $52,180.00 and the Sewer Capital Project Fund in the amount of$18,056.00; and 2. Adopt Appropriation Ordinance No. 13560 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $52,180.00 and in the Sewer Capital Projects Fund in the amount of $18,056.00 from available funds for the purpose of funding a contract with Transystems Corporation for pavement reconstruction and water and sanitary sewer replacements on Hale Avenue (21st to 31st), Hutchinson Street (28th to 29th), NE 28th Street (Runnels to Hutchinson) and Oscar Avenue (32nd to 28th); and CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 19 3. Authorize the City Manager to execute an engineering agreement with TranSystems Corporation in the amount of $147,355 for pavement reconstruction and water and sanitary sewer replacements on Hale Avenue (21st to 31st); Hutchinson Street (28th to 29th); NE 29th Street (Runnels to Hutchinson); and Oscar Avenue (32nd to 28th). It was the consensus of the City Council that the recommendation be adopted. C-16958 There was presented Mayor and Council Choice Cabs, Inc. Communication No. C-16958 from the City Manager recommending that the City Council approve the second year provided for in City Secretary Contract No. 23010, as amended by City Secretary Contract No. 23029, granting privilege to Choice Cabs, Inc. to provide transportation service to Medicaid recipients in Fort Worth. On motion of Council Member Hirt, seconded by Mayor Pro tempore Silcox,the recommendation, including that the Company be required to keep the magnetic signs, was adopted unanimously. C-16959 Continued There was presented Mayor and Council for One Week - Communication No. C-16959 from the City Harris Methodist Manager recommending that the City Council Texas Health Plan, authorize the City Manager to execute the second of Inc. four consecutive options to renew for one-year term contracts with Harris Methodist Texas Health Plan, Inc., d/b/a Harris Methodist Insurance Company; Harris Methodist Health Plan, Inc.; d/b/a Summit Administrative Services and John Alden Life Insurance Company for group medical benefits and CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 25, 1998 PAGE 20 services for employees and retirees and their eligible dependents. Council Member Lane made a motion, seconded by Council Member McCloud,that Mayor and Council Communication No. C-16959 be continued for one week. The motion was adopted unanimously. Budget Hearing It appeared to the City Council that they set today as the date for the hearing in connection with the proposed budget for 1998-99 fiscal year to give every interested person or citizen opportunity to be heard, Mayor Barr asked if there was anyone present desiring to be heard. Citizen Presentations Pat Taylor Mr. Pat Taylor, 913 E. Northside Drive, appeared before the City Council and requested that the Council consider not invoking the tax rate cut proposed by the City Manager and instead use this approximate $8 million to fight Southwestern Bell Telephone Company in its attempt to monopolize this service. There being no one else present desiring to be heard in connection with the proposed budget for the 1998-99 fiscal year, it was the consensus of the City Council that the hearing be continued until the meeting of September 1, 1998, to give every interested person or citizen an opportunity to be heard. Public Hearing Annexation - It appeared to the City Council that the City H. Anderson Council on July 28, 1998, approved the annexation Survey timetable for the annexation of 2.85 acres of land out of the H. Anderson Survey, Abstract No. 25, Tarrant County, Texas situated west of Interstate CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 21 Highway 35W, east of F.M. 156 and north of State Highway 114 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 September 15, 1998. There being no one else present desiring to be heard in connection with the second public hearing for annexation 2.85 acres of land out of H. Anderson Survey, Abstract No. 25, Tarrant County, Texas, situated west of Interstate Highway 35W, east of F.M. 156 and north of State Highway 114. Council Member Lane made a motion, seconded by Council Member Haskin, that the public hearing be closed and directed that an ordinance be prepared for consideration on September 15, 1998. The motion carried unanimously. Public Hearing It appeared to the City Council that the City Annexation - Council on July 28, 1998, approved the annexation John Korticky timetable for the annexation of 194.167 acres of land Survey out of the John Korticky Survey, Abstract No. 914, Tarrant County, Texas situated at the northwest corner of West Cleburne Road and Cleburne Crowley Road setting today as the date for the second public hearing. Mayor Barr asked if there ii'as anN,one present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 22 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 September 15, 1998. There being no one else present desiring to be heard in connection with the second public hearing for annexation of 194.167 acres of land out of the John Korticky Survey,Abstract No. 914,Tarrant County, Texas situated at the northwest corner of West Cleburne Road and Cleburne Crowley Road. Council Member Lane made a motion, seconded by Mayor Pro tempore Silcox, that the public hearing be closed and directed that an ordinance be prepared for consideration on September 15, 1998. The motion carried unanimously. Appeals of Orders of Mayor Barr read information from the City Building Standards Attorneys' Office relative to how the Building Commission Standards Commission Appeal hearings would be conducted. He requested that both appeals be heard at the same time regarding the properties located at 250 University Drive and 3100 Wingate inasmuch as they were interrelated. 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 250 University Drive and 3100 Wingate (Shadow Crest Apartments). Mayor Barr asked if there was anyone present desiring to be heard. .Nlr. Paul Bounds, representing the Code Compliance Division, appeared before the City Council and presented a staff report regarding both CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 23 properties. He advised Council that staff was recommending that the City Council sustain the decision of the Building Standards Commission for demolition of these properties. Assistant City Attorney Alicia Johnson appeared before the City Council and advised Council that they should not consider any new evidence that may be brought forth during the hearings and informed Council that Mr. Payne was not present during the public hearing of the Building Standards Commission. Hershel Payne Mr. Hershel Payne, 500 W. 7th Street, appeared before the City Council on behalf of the owner and advised Council that he did not appear at the Building Standards Commission as previously stated by staff. He advised Council that the owner had placed $10,000.00 in escrow and requested that the City Council allow the two weeks time frame for the closing of the property to be finalized. He stated that the owner had agreed to forfeit the $10,000.00 if closing was not finalized during that time. Jeffrey A. Morrison Mr. Jeffrey Morrison, 4025 Woodland Park Boulevard, #190, Arlington, appeared before the City Council and advised Council that he had requested information from the proposed buyers, but stated that he had not heard from them regarding their plans for the properties. George Jacob Mr. George Jacob, 3105 Sondra Drive, appeared before the City Council and expressed opposition to the appeals for the Shadow Crest Apartments located at 250 University Drive and 3100 Wingate and requested that the City Council uphold the decision of the Building Standards Commission. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 24 There being no one else desiring to be heard Council Member Hirt made a motion, seconded by Mayor Pro tempore Silcox, that the appeal cases regarding 250 University Drive and 3100 Wingate be remanded to the Building Standards Commission for the purpose of determining whether or not there was a sale, and also in order to set up a Compliance agreement if they could with the new owners. Council Member Picht made a substitute motion, seconded by Council Member Haskin, to uphold the decision of the Building Standards Commission. The substitute motion failed by the following vote: AYES: Council Members Haskin and Picht NOES: Mayor Barr; Mayor Pro tempore Silcox; Council Members Lane, Moss, Wentworth, McCloud, and Hirt ABSENT: None The motion that the appeal cases regarding 250 University Drive and 3100 Wingate be remanded to the Building Standards Commission for the purpose of determining whether or not there was a sale, and also in order to set up a possible Compliance Agreement with the new owners, 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 5108-20 Panola (Americana 11 Apartments and aka Strattford Court Apartments). Mayor Barr asked if there was CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 25 anyone present desiring to be heard. Mr. Paul Bounds, representing the Code Compliance Division, appeared before the City Council and presented a staff report regarding the property located at 5108-20 Panola and advised Council that staff was recommending that the City Council sustain the decision of the Building Standards Commission for demolition of the property located at 5108-20 Panola. He questioned whether or not Mr. Elijah Ragira had the right to file an appeal and advised Council that the notices were sent to Ms. Abigail Williams. Abigail Williams Ms. Abigail Williams appeared before the City Council and stated that she did not receive notice for the hearing and stated that some information was mailed to her home address and some to the Post Office Box. She stated that she had owned the property for approximately eight months. Elijah Ragira Mr. Elijah Ragira, 3803 San Miguel, Arlington, Texas, appeared before the City Council and advised Council that they received notice the day after the Building Standard Commission hearing was held. He advised Council that the work on approximately 20 units was almost complete and requested that the case be sent back to the Building Standards Commission for rehearing. Mr. Paul Bounds advised Council of the dates that the notices went out from their department and when some of them were returned unaccepted by the owner. He also advised Council that he was unaware of a Certificate of Occupancy issued for this apartment complex. CITY COUNCIL MEETING FORT WORTH,TEXAS AUGUST 25, 1998 PAGE 26 Upheld Decision of There being no one else desiring to be heard Council BSC to Demolish Member Moss made a motion, seconded by Mayor Pro tempore Silcox,that the appeal regarding cases at 5108-20 Panola be denied. The motion carried unanimously. Zoning Hearing Z-98-061 Continued It was the consensus of the City Council that the until September 8, hearing of Parkside, Ltd., for a change in zoning of 1998 property located in the 2000 Block of Western Center Boulevard; from "I" Light Industrial to "C" Multi-Family and "F" Commercial; from "F" Commercial to "AR" Residential; and from "CR" Multi-Family to "AR" Residential, Zoning Docket No. Z-98-061 be continued until September 8, 1998. Z-98-065 It appeared that the City Council at its meeting of Approved as August 11, 1998, continued the hearing of Midway amended Industrial Trust, for a change in zoning of property located in the 3900 Block of FM Highway 157 from "C" Multi-Family, "F" Commercial, "I" & "J" Light Industrial to "I" Light Industrial, Zoning Docket No. Z-98-065, and accepted withdrawal without prejudice of the property from "J" Light Industrial to "C" Multi-Family. Mayor Barr asked if there was anyone present desiring to be heard. Jim Dunaway Mr. Jim Dunaway, 1501 Merrimac Circle #100, appeared before the City Council and requested favorable consideration of the City Council for the application of Midway Industrial Trust, for a change in zoning of property located in the 3900 Block of FM Highway 157,Zoning Docket No. Z-98- 065. Andrea Baxter Ms. Andrea Baxter, 201 Ector, Euless Texas, appeared before the City Council and advised Council that the buffer situation as well as the CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 27 drainage had been addressed and that the Euless City Manager reached an agreement with Midway Industrial Trust. Council Member Haskin questioned Mr. Dunaway regarding why a site plan was not submitted with the zoning case. Mr. Dunaway advised Council that during the Zoning hearing the issue of a site plan was not brought forth since the Commission approved the proposed zoning with a vote of nine to zero. Jeff Sawlan Mr. Jeff Sawlan, 602 Creekside Drive, Euless, Texas, appeared before the City Council and expressed opposition to the application of Midway Industrial Trust for a change in zoning of property located in the 3900 Block of FM Highway 157. He presented pictures of the Manheim Auto Auction site in Grand Prairie. He also expressed concern that there was not a site plan to make sure that the applicant followed through with the proposed fencing and the landscaping of this facility. Ms. Ann Kovich, Director of the Development Department, appeared before the City Council and advised Council that a required site plan would have to go back before the City Zoning Commission. She advised Council that if they were to approve this zoning application and wanted to include additional stipulations that this could be accomplished with a "PD/SU" zoning for all uses in "I" Light Industrial; with waiver of site plan required and adding that the applicant comply with the landscape ordinance. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 28 Council Member Moss made a motion, seconded by Mayor Pro tempore Silcox, that the application of Midway Industrial Trust, for a change in zoning of property located in the 3900 Block of FM Highway 157, Zoning Docket No. Z-98-065, be approved, as amended, by changing the zoning to "PD/SU" Planned Development/Specific Use for all uses in"I" Light Industrial; with waiver of site plan recommended, and adding the compliance with the landscape ordinance. Council Member Hirt made a substitute motion, seconded by Council Member Haskin, that the application of Midway Industrial Trust, for a change in zoning of property located in the 3900 Block of FM Highway 157, Zoning Docket No. Z-98- 065, be approved, as amended, by changing the zoning to "PD/SU" Planned Development/Specific Use for all uses in "I" Light Industrial; with a site plan recommended,and adding the compliance with the landscape ordinance. The motion carried by the following vote: AYES: Mayor Barr; Council Members Haskin, Wentworth, McCloud, and Hirt NOES: Mayor Pro tempore Silcox; Council Member Moss and Picht ABSENT: Council Member Lane Z-98-066 It appeared that the City Council at its meeting of Approved August 11, 1998, continued the hearing of Afreil C. Nelson, for a change in zoning of property located at 4600 Ramey Avenue; from "B" Two-Family to "PD/SU" Planned Development/Specific Use for a CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 29 day care facility subject to provision of outdoor play area and parking per residential day care requirements of Section 20.C.13 of the Comprehensive Zoning Ordinance, as amended, dated February 1, 1998, with waiver of site plan recommended. Mayor Barr asked if there was anyone present desiring to be heard. Council Member Moss made a motion, seconded by Council Member McCloud, that the application of Afreil C. Nelson, for a change in zoning of property located at 4600 Ramey Avenue, Zoning Docket No. Z-98-066, be approved. The motion carried unanimously. Z-98-075 It appeared that the City Council at its meeting of Approved August 11, 1998, continued the hearing of Myrtle L. Harris for a change in zoning of property located at 4001 Mansfield Highway from "B" Two-Family & "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial plus new& used furniture sales with no detached signage, with waiver of site plan recommended, Zoning Docket No. Z-98-075. Council Member Moss made a motion, seconded by Mayor Pro tempore Silcox, that the application of Myrtle L. Harris for a change in zoning of property located at 4001 Mansfield Highway from "B" Two- Family & "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial plus new & used furniture sales with no detached signage, with waiver of site plan recommended, Zoning Docket No. Z-98-075, be appro,.'ed. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 30 Z-98-083 It appeared that the City Council at its meeting of Approved August 11, 1998, continued the hearing of FW-SC, Ltd. for a change in zoning of property located at 13000 Trinity Blvd. from "F" Commercial to "AR" Residential, Zoning Docket No. Z-98-083. Mayor Barr asked if there was anyone present desiring to be heard. City Secretary Pearson informed Council that the applicant sent a letter regarding this zoning issue which stated that the applicant was unable to attend the meeting, and requested that this zoning case be continued if the City Council had questions or concerns. Council Member Moss made a motion, seconded by Mayor Pro tempore Silcox, that the application of FW-SC, Ltd. for a change in zoning of property located at 13000 Trinity Blvd., Zoning Docket No. Z-98-083, 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 Moss made a motion, seconded by Mayor Pro tempore Silcox, that the zoning hearing be closed and the following ordinance be adopted: r CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 31 ORDINANCE NO. 13561 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 PENAL CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Citizen Presentations Sheila Beck Ms. Sheila Beck, 4033 Shadow Drive, appeared before the City Council regarding the non- enforcement of City codes. She stated that her neighbor had erected a free standing structure CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25, 1998 PAGE 32 (tennis backboard) less than one foot from the property line. She advised Council that this was against the deed covenant and City Ordinance No. 13456. Mayor Barr asked staff to investigate this matter and report back to Council. Pat Taylor Mr. Pat Taylor, 913 E. Northside Drive, appeared before the City Council regarding an alleged ethics violation of a sworn officer of the City. Executive Session It was the consensus of the City Council that the Council meet in a closed session at 12:28 p.m.: for the following purposes 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) Ronny C.Allison, Paul H. Rider et al. v. Fort Worth Fire Department and City of Fort Worth, Civil Action No. 4- 98CV-646-A b) L.G.'s Pawn Shop v. Board of Adjustment, Cause No. 67-169458-97 c) Robert Taylor, M.D. Profit Sharing Plan v. International Trading Group and City of Fort Worth et al., Cause No. 17-174653-96 d) Town of Westlake et al. v. City of Fort Worth, Cause No. 348-169048-97 e) City of Fort Worth v. City of Dallas et al., Cause No. 48-171109-97 CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 25 , 1998 PAGE 33 f) City of Dallas v. City of Fort Worth et al., Cause No. 3:97-CV-2734-T as authorized by Section 551.071 of the Texas Government Code. 2. To discuss the sale, purchase, lease or value of real property, as authorized by Section 551.072 of the Texas Government Code. The public discussion of this matter would have a detrimental effect on the position of the City in negotiations with a third party. Reconvened The City Council reconvened into regular session at 1:47 p.m. Adjournment There being no further business, the meeting was adjourned at 1:47 p.m. CITY SECRETARY MAYOR