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HomeMy WebLinkAbout1998/11/24-Minutes-City Council CITY COUNCIL MEETING NOVEMBER 24, 1998 Date & Time On the 24th day of November, A.D., 1998, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:18 a.m., in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Pro tempore Chuck Silcox; Council Members Jim Lane, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Cathy Hirt; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Gloria Pearson. Mayor Kenneth Barr and Council Member Ralph McCloud were absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Craig Roshaven, First Jefferson Unitarian Universalist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Wentworth, seconded by Council Member Haskin, the minutes of the regular meeting of November 179 1998, were approved unanimously. Special Presentations/ Council Member Lane presented a Introductions Proclamation for Fort Worth-SER Jobs for Progress Inc. Day to Juan Cantu. Announcements Mayor Pro tempore Silcox announced that the meeting scheduled for today at 1:00 p.m. regarding the Southwest Parkway had been rescheduled for Monday, November 30, 1998, at 1:00 p.m. in the South Texas Room at Will CITY COUNCIL M ING FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 2 of 19 Rogers. He also stated that the Mayor was in Washington, D.C. to receive $9,000,000.00 ($1.5 Economic Development Initiative Grants and $7.5 million in 108 Loan Guarantees) for construction of a Hotel and redevelopment of the South side area at I-35 and Rosedale Street. Continued/Withdrawn City Manager Terrell requested that Mayor and Council Communication No. L-12351 be continued for two weeks and that Mayor and Council Communication No. L-12374 be withdrawn from the agenda. Consent Agenda On motion of Council Member Wentworth, seconded by Council Member Picht, the consent agenda was adopted unanimously. OCS-1022 There was presented Mayor and Council Claims Communication No. OCS-1022 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-12394 There was presented Mayor and Council Ord. # 13654 Communication No. G-12394 from the City Mayor's Committee on Manager recommending that the City Council Persons w/ Disabilities accept donations in the amount of $20,000.00 from various businesses and individuals to fund activities of the Mayor's Committee on Persons with Disabilities; and adopt Ordinance No. 13654 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $20,000.00 from available funds for the purpose of funding the CITI 4OUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 3 of 19 Mayor's Committee on Persons with Disabilities. It was the consensus of the City Council that the recommendation be adopted. G-12395 There was presented Mayor and Council Temporary Closure of Communication No. G-12395 from the City 2"d Street Manager recommending that the City Council extend approval of the temporary closure of a portion of 2"d Street between Burnett Street and Taylor Street from November 29, 1998, through May 3, 1999, to accommodate contractors who are working on the Central Library Finishout Project. It was the consensus of the City Council that the recommendation be adopted. G-12396 There was presented Mayor and Council Rental Fee for Use of Communication No. G-12396 from the City Roundup Inn by Manager recommending that the City Council FWISD approve the waiver of the rental fee for use of the Round-Up Inn by the Fort Worth Independent School District (FWISD) on February 18, 1999, for an Outstanding Teacher Recognition Dinner. Council Member Moss disclosed that his wife served as a board member of the Fort Worth Independent School District and stated that he would not be voting on Mayor and Council Communication No. G-12396. Council Member Wentworth made a motion, seconded by Council Member Lane, that � 1. CITY COUNCIL MEWING FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 4 of 19 Mayor and Council Communication No. G- 12396 be adopted. The motion carried by the following vote: AYES: Mayor Pro tempore Silcox, Council Members Lane, Picht, Wentworth, and Hirt NOES: None ABSENT: Mayor Barr and Council Member McCloud NOT VOTING: Council Member Moss Public Hearing It appeared to the City Council that they set today as the date for a public hearing regarding the demolition of 14 substandard properties for the City Services Department. Mayor Barr asked if there way anyone present desiring to be heard. Mr. Paul Bounds, representing the Code Compliance Division, appeared before the City Council and gave a brief staff report and advised Council that this public hearing was required under the old Minimum Building Standards ordinance. He called attention of the City Council to Mayor and Council Communication No. G-12397, as follows: G-12397 There was presented Mayor and Council Demolition of 14 Communication No. G-12397 from the City Substandard Manager recommending that the City Properties Council: 1. Confirm the structures listed herein are substandard and a nuisance; and CITY��OUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 5 of 19 2. Authorize the City Manager's designated representative to recheck Tarrant County Deed Records for ownership, re-notify owners, and issue notification to commence demolition for the various sites; and 3. Authorize all work to be performed by multiple vendors under the existing Annual Demolition Agreement for the City Services Department, previously awarded August 11, 1998, at a cost not to exceed $20,400.00; and 4. Authorize a lien to be filed against each property to cover the cost of demolition and administration. There being no one else present desiring to be heard, Council Member Moss made a motion, seconded by Council Member Hirt, that the hearing be closed and that Mayor and Council Communication No. G-12397 be approved. The motion carried unanimously. P-8735 There was presented Mayor and Council Repair of Cooling Communication No. P-8735 from the City Towers at Cowtown Manager recommending that the City Council Coliseum authorize the repair of two cooling towers by Tower Tech Services for the Transportation and Public Works Department based on the lowest bid received of $21,194.00 with payments net 30 days, f.o.b. destination, freight allowed. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL M ? ING FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 6 of 19 P-8736 There was presented Mayor and Council Purchase Agreement Communication No. P-8736 from the City For Workout Clothing Manager recommending that the City Council authorize: 1. A purchase agreement for workout clothing with Cadena Specialty Advertising for the Fire Department on the basis of lowest bid, with payment terms net 30 days, f.o.b. destination, no charge for freight; and 2. This agreement to begin November 24, 1998, and end November 23, 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-8737 There was presented Mayor and Council Purchase of Loaders Communication No. P-8737 from the City Manager recommending that the City Council authorize the purchase of loaders for the City Services Department through the Houston Galveston Area Council (HGAC) for an amount not to exceed $294,797.70, f.o.b. destination, freight no charge with payment terms of 30 days. It was the consensus of the City Council that the recommendation be adopted. P-8738 There was presented Mayor and Council Purchase of Ice Communication No. P-8738 from the City Resurfacing Machine Manager recommending that the City Council authorize the sole source purchase of an ice resurfacing machine for the City Services Department from Frank J. Zamboni and CIT OUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 7 of 19 Company, Inc., based on the total bid of $56,820.00, with payment terms net 30 days, f.o.b. Fort Worth, freight no charge. It was the consensus of the City Council that the recommendation be adopted. L-12351 It was the consensus of the City Council that Continued for Two Mayor and Council Communication No. L- Weeks 123519 DFW RAILTRAN System: Trackage Use License Agreement with Fort Worth and Dallas Railroad for Use of the RAILTRAN Corridor, be continued for two weeks. L-12374 It was the consensus of the City Council that Withdrawn Mayor and Council Communication No. L- 123749 FBO Terminal Building Office Lease Agreement with E. Mack Cathey, Jr., d/b/a Aerial Impact of Texas at Fort Worth Spinks Airport, be withdrawn from the agenda. L-12384 There was presented Mayor and Council Acquisition of Two Communication No. L-12384 from the City Dedicated Rights-of- Manager recommending that the City Council Way approve the acquisition of two dedicated rights-of-way described as part of Tract A. Parcel No. 2, Oakwood Terrace, West Addition, Euless, Tarrant County, Texas, from the City of Euless; and part of Tract A, Parcel No. 5, Oakwood Terrace, West Addition, Euless, Tarrant County, Texas, from Michael M. Smith, Trustee, for the reconstruction and widening of the bridge over Boyd Branch in South Pipeline Road between Industrial Boulevard (FM 157) and Simmons Street. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEWING FORT WORTH,TEXAS NOVEMBER 24, 1998 PAGE 8 of 19 L-12385 There was presented Mayor and Council Purchase of a 2.3 Acre Communication No. L-12385 from the City Lot from Oakmont Manager recommending that the City Council Land Investors approve the purchase of a 2.3 acre lot from Oakmont Land Investors for $275,000.00, located near the intersection of Oakmont Boulevard and Bryant-Irvin Road, for Fire Station No. 39. On motion of Council Member Wentworth, seconded by Council Member Haskin, the motion was adopted unanimously. PZ-2070 There was presented Mayor and Council Ord. # 13655 Communication No. PZ-2070 from the City Street Vacation Manager recommending that the City Council (VA-98-038) adopt Ordinance No. 13655 vacating a 120- foot wide by variable length street right-of- way containing 4.997 acres of land, and located in the G.W. Couch Survey, Abstract No. 278, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. C-17137 There was presented Mayor and Council Tarrant County Communication No. C-171379 dated Samaritan Housing, November 17, 1998, from the City Manager Inc. recommending that the City Council : 1. Approve the transfer and use of$35,000.00 in Community Development Block Grant (CDBG) Year XVI Unprogrammed Funds; and 2. Authorize the City Manager to execute a contract with Tarrant County Samaritan Housing, Inc., for the use of $35,000.00 in CDBG funds for facility improvements at the Samaritan Housing program site. CITROUNCIL MEETING FORT WORTH,TEXAS NOVEMBER 24, 1998 PAGE 9 of 19 On motion of Council Member Lane, seconded by Council Member Wentworth, the motion was adopted unanimously. C-17143 There was presented Mayor and Council Arts Council of Fort Communication No. C-17143 from the City Worth and Tarrant Manager recommending that the City County Council: 1. Authorize the City Manager to execute a contract with the Arts Council of Fort Worth and Tarrant County for $110,000.00 for the period beginning October 1, 1998, and ending September 30, 1999; and 2. Authorize the City Manager to execute a contract with the Arts Council of Fort Worth and the Tarrant County Neighborhood Arts Program for $250,000.00 for the period beginning October 1, 1998, and ending September 30, 1999. It was the consensus of the City Council that the recommendation be adopted. C-17144 There was presented Mayor and Council Van Cliburn Communication No. C-17144 from the City Foundation, Inc. Manager recommending that the City Council authorize the City Manager to execute a contract with the Van Cliburn Foundation, Inc., for $25,000.00 to begin October 1, 1998, and end September 30, 1999. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL M ING FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 10 of 19 C-17145 There was presented Mayor and Council Modern Art Museum Communication No. C-17145 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with the Modern Art Museum for $427,491.00 to begin October 1, 1998, and end September 30, 1999. It was the consensus of the City Council that the recommendation be adopted. C-17146 There was presented Mayor and Council Museum of Science and Communication No. C-17146 from the City History Manager recommending that the City Council authorize the City Manager to execute a contract with the Museum of Science and History for $491,396.00 to begin October 1, 1998, and end September 30, 1999. It was the consensus of the City Council that the recommendation be adopted. C-17147 There was presented Mayor and Council 58 Chapel Creek, Ltd. Communication No. C-17147 from the City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with 58 Chapel Creek Ltd. for the installation of community facilities for improvement to Chapel Ridge Phase II. It was the consensus of the City Council that the recommendation be adopted. C-17148 There was presented Mayor and Council Halbach*Dietz, Communication No. C-17148 from the City Architects Manager recommending that the City Council approve the execution of a design contract with Halbach*Dietz, architects, for the design of the new branch library to be located near the intersection of Beach and Basswood 1 CITIQOUNCIL MEETING FORT WORTH,TEXAS NOVEMBER 24, 1998 PAGE 11 of 19 Streets, for a fixed fee of $194,500.00. It was the consensus of the City Council that the recommendation be adopted. C-17149 There was presented Mayor and Council URS Greiner, Inc. Communication No. C-17149 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering services agreement with URS Greiner, Inc. to prepare the plans and specifications for replacement of the Randol Mill Road Bridge at IH-820 for a lump sum fee of$251,176.48. It was the consensus of the City Council that the recommendation be adopted. C-17150 There was presented Mayor and Council ARS Engineers, Inc. Communication No. C-17150 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering agreement with ARS Engineers, Inc. in the amount of$20,516.00 for pavement reconstruction and water and sanitary sewer replacements on Margaret Street (El Campo to Calmont). It was the consensus of the City Council that the recommendation be adopted. C-17151 There was presented Mayor and Council Ratnala & Bahl, Inc. Communication No. C-17151 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering agreement with Ratnala & Bahl, Inc. in the amount of$52,780.38 for pavement reconstruction and water line improvements on Stuart Drive (Morningside to East Ramsey) and Jones Street (Morningside to Lowden). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL M ICING ' FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 12 of 19 C-17152 There was presented Mayor and Council Change Order No. 4 Communication No. C-17152 from the City City Secretary Manager recommending that the City Council Contract No. 23502 authorize the City Manager to execute S.J. Louis Change Order No. 4 to City Secretary Construction, Inc. Contract No. 23502, with S. J. Louis Construction, Inc., in the amount of $12,435.45, revising the contract amount to $788,739.69. It was the consensus of the City Council that the recommendation be adopted. C-17153 There was presented Mayor and Council Change Order No. 1 Communication No. C-17153 from the City City Secretary Manager recommending that the City Council Contract No. 24047— authorize the City Manager to execute Mid-States Utilities, Change Order No. 1 to City Secretary Inc. Contract No. 24047 with Mid-States Utilities, Inc. in the amount of $28,283.00 to provide for additional pay item quantities, thereby increasing the contract amount to $5839417.00. It was the consensus of the City Council that the recommendation be adopted. C-17154 There was presented Mayor and Council Change Order No. 1 Communication No. C-17154 from the City City Secretary Manager recommending that the City Council Contract No. 24104— authorize the City Manager to execute Humphrey & Morton Change Order No. 1 to City Secretary Construction Co., Inc. Contract No. 24104 with Humphrey & Morton Construction Co., Inc. in the amount of $16,562.50, to provide for additional pay item quantities, thereby increasing the contract amount to $943,961.44. It was the consensus of the City Council that the recommendation be adopted. CITY`r,�OUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 13 of 19 C-17155 There was presented Mayor and Council Reject Bids Communication No. C-17155 from the City Manager recommending that the City Council reject all bids received for Unit II — Storm Drainage and Reconstruction of Overhill Road (Valhalla Road to Southwest Blvd.) and Willis Avenue (Borden Drive to Overhill Road). It was the consensus that the recommendation be adopted. C-17156 There was presented Mayor and Council RJN Group, Inc. Communication No. C-17156 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering agreement with RJN Group, Inc., in the amount of $60,635.00 for pavement reconstruction and water and sanitary sewer replacements on Rockwood Drive (Churchill to East Dead End). It was the consensus of the City Council that the recommendation be adopted. C-17157 There was presented Mayor and Council Ord. # 13656 Communication No. C-17157 from the City Tarrant County— Manager recommending that the City Air Pollution Control Council: Program 1. Authorize the City Manager to execute a contract with Tarrant County in an amount not to exceed $36,260.00 to assist the County with air pollution issues in unincorporated areas of the County during FY 1998-99; and 2. Adopt Appropriation Ordinance No. 13656 increasing the estimated receipts and appropriations in the Grant Fund in the amount of $36,260.00 from available funds 3x_ CITY COUNCIL M i¢4 ING FORT WORTH,TEXAS NOVEMBER 24, 1998 PAGE 14 of 19 for the purpose of funding a contract with Tarrant County for the Air Pollution Control Program. It was the consensus of the City Council that the recommendation be adopted. C-17158 There was presented Mayor and Council Interlocal Agreement Communication No. C-17158 from the City Contract— County of Manager recommending that the City Council Denton authorize an interlocal governmental contract for purchasing between the City of Fort Worth and Denton County, Texas. It was the consensus of the City Council that the recommendation be adopted. C-17159 There was presented Mayor and Council HNTB, Corporation Communication No. C-17159 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering agreement with HNTB, Corporation in the amount of $48,010.00 for pavement reconstruction and water and sanitary sewer replacements on East Peach (North Live Oak to Wilderman), East Bluff Street (North Live Oak to Wilderman) and Grant Street (East Peach to Gounah). It was the consensus of the City Council that the recommendation be adopted. C-17160 There was presented Mayor and Council Regulation of Off- Communication No. C-17160 from the City Premise Signs Manager recommending that the City Council approve the agreement with 11 off-premise outdoor advertising companies and authorize CIT)43e\ OUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 15 of 19 the City Manager to sign the agreement, which is submitted in conjunction with Z-98- 107, and will resolve certain issues relating to the regulation of off-premise signs. Assistant City Attorney Marcella Olson appeared before the City Council and advised them should they wish to approve execution of the off-premise sign agreement, the following amendments should be made: 1. Change Texas United Outdoor Advertising Company to Texas United Outdoor Advertising, Inc.; 2. Change Outdoor Systems to Outdoor Systems, Inc.; 3. Change Texas United Outdoor Advertising, Inc. to Texas United Advertising, Inc.; and 4. Delete Mitchell Outdoor Advertising, Moore Outdoor Advertising, Inc. and Holly Outdoor, Inc. Richard Rothfelder, counsel for the other eight parties to the agreement, no longer represents Mitchell Outdoor Advertising or Moore Outdoor Advertising, Inc., who have 11 and 16 signs, respectively. Holly Outdoor, Inc. has sold all of its signs to Eller Media Company. Council Member Wentworth made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. C- 17160 be approved, as amended. The motion carried unanimously. CITY COUNCIL M , ING 1 01 FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 16 of 19 C-17161 There was presented Mayor and Council Reject Bids Communication No. C-17161 from the City Manager recommending that the City Council reject all bids received for Spinks Airport Drainage and Electronic Gate Improvements. On motion of Council Member Wentworth, seconded by Council Member Lane, the recommendation was adopted unanimously. Z-98-107 It appeared that the City Council at its Text Amendment meeting of November 10, 1998, continued the Approved hearing for the Text Amendment, as amended, by amending Section 17A, "Signs" concerning permitted alteration of non- conforming signs, Zoning docket No. Z-98- 107. Mayor Pro tempore Silcox asked if there was anyone desiring to be heard. Assistant City Attorney Marcella Olson appeared before the City Council and advised them that the draft amendment to Section 17A of the zoning ordinance concerning alteration of nonconforming signs passed out earlier in Pre-Council meeting was what staff was recommending, with the inclusion of the highlighted changes, as follows: 1. Allowing cut-out extensions that do not exceed 20 percent of the registered sign area; 2. Allowing a sign that has been temporarily reduced in size to be increased to the registered size; 3. Extending the period for cumulating repair and replacement costs from 180 days to 365 days; CIT 41�'-'OUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 17 of 19 4. Expressly prohibiting the additional display faces; and 5. Expressly prohibiting conversion of a sign to use animated display or moveable copy technology. Council Member Wentworth made a motion, seconded by Council Member Haskin, that the Text Amendment concerning Alteration of Signs, Zoning Docket No. Z-98-107, be approved enacting the July 31, 1998, ordinance, as amended, by adding the language in Subsections (b) and (d) of the ordinance as stated above. Council Member Picht made a substitute motion, seconded by Council Member Moss, that the proposed Text Amendment be approved as written, but striking Item No. 6 regarding the conversion of a sign to utilize animated display or moveable copy technology, including but not limited to signs featuring Tri-Vision technology. The motion failed by the following vote: AYES: Council Members Moss and Picht NOES: Mayor Pro tempore Silcox; Council Members Lane, Haskin, Wentworth, and Hirt ABSENT: Mayor Barr and Council Member McCloud CITY COUNCIL MEZi"ING FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 18 of 19 The original vote to approve the Text Amendment concerning Alteration of Signs, Zoning Docket No. Z-98-107, as amended, carried by the following vote: AYES: Mayor Pro tempore Silcox Council Members Lane, Haskin, Wentworth, and Hirt NOES: Council Members Moss and Picht ABSENT: Mayor Barr and Council Member McCloud There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Council Member Wentworth made a motion, seconded by Council Member Haskin, that the zoning hearing be closed and the following ordinance be adopted. CIT14UNCIL MEETING FORT WORTH, TEXAS NOVEMBER 24, 1998 PAGE 19 of 19 ORDINANCE NO. 13657 AN ORDINANCE 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)9 AS AMENDED, BY AMENDING SECTION 17A, "SIGNS"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. Mayor Pro tempore Silcox advised Council that there would not be an executive session today. Adjournment There being no further business, the meeting was adjourned at 10:43 a.m. 4, ,.hAA 103"',-.1 ( �L _ CITY SECRETARY MAYOR