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HomeMy WebLinkAbout1997/09/16-Minutes-City Council CITY COUNCIL MEETING SEPTEMBER 16, 1997 Date & Time On the 16th day of September, A.D., 1997, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:15 a.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Eugene McCray; Council Members Jim Lane,Chuck Silcox, Becky flaskin, Clyde Picht, Jeff Wentworth, Ralph McCloud and Cathy Hirt; Assistant City Manager Ramon Guajardo; City Attorney Wade Adkins; City Secretary Alice Church. City Manager Bob Terrell was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. K. Wayne Day, First United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Mayor Pro tempore McCray, the minutes of the regular meeting of September 9, 1997, were approved unanimously. Special A proclamation for Constitution Week was Presentations presented to Mrs. Smedley by Council Member Dane. Announcements Mayor Barr announced that City Manager Terrell was attending the ICIA Conference in Vancouver, British Columbia, to accept the Public Technology, Inc. "Manager of the Year In Technology Leadership" award. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 1997 PAGE 2 Council Member Picht expressed appreciation and commended Battalion Chief Eddie Burns, Deputy Chief Lonzo Wallace, and Fire/Police Department personnel as well as the volunteer agencies that assisted with the explosion and fire last week in District 6. Mayor Pro tempore McCray announced that there would be a meeting for Capital Improvement Program tonight at Liberation Community Center Church, and tomorrow at the Martin Luther King Community Center and invited all interested to attend. Mayor Barr announced that the final Citywide CIP meeting was scheduled for Thursday, September 18, 1997, at 7:00 p.m. at Will Rogers Memorial Coliseum. Council Member Lane expressed appreciation to the City Manager on behalf of the Meacham Field Tenants Association on his appointment of Mrs. Lisa Pyles as the new Aviation Director. Withdrawn/ Assistant City Manager Cuajardo requested that Consent Agenda Mayor and Council Communication No. C-11996 be withdrawn from the consent agenda. Continued/ Assistant City Manager Guajardo requested that Withdrawn Mavor and Council Communication No. C-16201 be with drawn from the agenda an that Mayor an Council Communication No. G-12000 h be continued for one week. Consent Agenda On motion of Council Member Hirt, seconded by Council Member Wentvortl , the consent agenda was adopted n ni sly. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16 , 1997 PAGE 3 Res. # 2335 There was presented Resolution No. 2335 approving Sale of D/FW the issuance and sale of Dallas-Fort North Rental Car International Airport Facility Improvement Facility Corporation Rental Car Facility Charge Revenue Revenue Bonds, Taxable Series 1997, if specified parameters Bonds are met, and approving documents related thereto. Series 1997 On motion of Mayor Pro tempore McCray,seconded by Council Member Silcox the recommendation be adopted. Council Member Hirt gave a brief report from the Governmental Relations Committee and reminded Council that on October 1, 1997, many of the Board and Commission members terms would expire and requested recommendations be submitted. Council Member Silcox announced that the Facilities and Infrastructure Committee met on Thursday, September 11, 1997, and stated that he would give an official report next week. He informed Council that the Committee received a report by the Federal Government, regarding the barricades along the Federal Building and stated that the City would regain control of the entire street at Tenth and Taylor. fCS-926 There was presented Mayor and Council Claims Communication 'o. OCS-926 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. 0 0 CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 1997 PAGE 4 G-11994 There was presented Mayor and Council Ord. # 13155 Communication No.G-11994 from the City Manager Amending recommending that the City Council authorize the Ord. # 11445 City Manager to adopt Ordinance No. 13155 Explorer amending Sections 1, 3 and 12 of Ordinance No. Pipeline Co. 11445 by revising the location and number of linear feet permitted for the construction, maintenance, and use of a subsurface liquid petroleum products pipeline by Explorer Pipeline Company, across, over and under certain streets, highways and public rights-of-way of the City of Fort Worth; and by revising the fee paid to the City of Fort Worth by Explorer Pipeline Company for the construction, maintenance and use of said pipeline in the city streets, highways and public rights-of-way; revising the definition of the term "permitted user"; providing for acceptance hereof by Explorer Pipeline Company. It was the consensus of the City Council that the recommendation be adopted. G-11995 There was presented Mayor and Council Ord. # 13156 Communication No. G-11995 from the City Manager Commercial recommending that the City Council adopt Paper Credit Appropriation Ordinance No. 13156 increasing the Line estimated receipts and appropriations in the Water and Sewer Commercial Paper Fund in the amount of $25,000,000.00 through the execution of the third amended and restated credit agreement. It was the consensus of the City Council that the recommendation be adopted. G-11996 There was presented Mayor and Council Ord. # 131-57 Communication No.G-11996 from the City Manager Texas recommending that the City Council: Historical Commission CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16 , 199'7 PAGE 5 1. Authorize the City Manager to apply for and accept, if offered, a contract in the amount of $5,000.00 from the Certified Local. Government program administered by the Texas Historical Commission (THC) for the "African American Holy Places in Fort Worth" project; and 2. Adopt Appropriation Ordinance No. 13157 increasing the estimated receipts and appropriations in the grants fund in the amount of$10,000.00 subject to the receipt of the grant for the purpose of funding "African American Holy Places in Fort North" project through a grant from the Texas Historical Commission, and 3. Accept $2,500.00 in matching funds for this project from the Tarrant County Black Historical and Genealogical Society, Inc., and 4. Authorize the use of$2,5000.00 in-kind funds from the Planning and Growth Management Department, General Fund as a matching amount to this grant. Assistant City Manager Guajardo advised Council of a correction to be made to Mayor and Council Communication No. G-11996, stating that under Recommendation No. 4, the amount should read "$2,500.00 rather than "$2,5000.00". Council Member Lane made a motion, seconded by Council Member Picht, that Mayor and Council Communication No. -11996 be approved, s ended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 16, 1997 PAGE 6 G-11997 There was presented Mayor and Council Financial Communication No. G-11997 from the City Manager Management recommending; that the City Council review and Policy adopt the Financial Management Policy Statements, Statements which include the City's investment policy and investment strategy. On motion of Council Member Hirt, seconded by Mayor Pro tempore McCray the recommendation was adopted unanimously. G-11998 There was presented Mayor and Council Ord. # 13158 Communication No. G-11998 from the City Manager Cowtown recommending that the City Council: Brush Up Project 1. Accept donations totaling $13,450.00 from various organizations, and 2. Adopt Appropriation Ordinance No. 13158 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $13,450.00 from increased revenues for the purpose of funding the "Cowtown Brush Up" Paint-A-Thon. On motion of Council Member Hirt, seconded by Mayor Pro tempore McCrav, the recommendation was adopted unanimously. -1 1999 There was presented Mayer and Council Appointment Communication No.G-11999 from the City Manager to Civil recommending that the Ci o' Council confirm the Service reappointment of fir. Santiago Salinas as a member Commission of the Firefighters' and Police Officers' Civil Service Commission for a three-year term,expiring October 1, 2000. On motion of Council Member Lane, seconded by Council Member girt, the, recommendation w adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16 , 199'7 PAGE 7 G-12000 It was the consensus of the City Council that Continued consideration of Mayor and Council Communication No. G-12000, Increasing the Maximum Amount Authorized to be Paid to David F. Chappell for His Services as Legal Counsel for David C. Dees in Certain Matters Pending Before the Firefighters' and Police Officers' Civil Service Commission, be continued for one week. G-12001 There was presented Mayor and Council Res. # 2336 Communication No. G-12001 from the City Manager Ross T. recommending that the City Council adopt Foster for Resolution No. 2336 increasing to $50,000.00 the Legal Counsel maximum amount authorized to be paid to Ross T. in Firefighters' Foster for his service as legal counsel for the & Police Officers' Firefighters' and Police Officers' Civil Service Civil Service Commission (Commission) in the investigation of Commission certain matters relating to the enforcement of Chapter 143 of the Texas Local Government Code and local Civil Service rules. On motion of Council Member Lane,seconded by Council Member Haskin the recommendation was adopted unanimously. P-8403 There was presented Mayor and Council Purchase Communication No. P-8403 from the City Manager Agreement recommending that the City Council authorize a for Rebar purchase agreement with. Lofland Co. to provide Re bar, based on low bid of unit prices meeting specifications,with payment terms of one percent, net 10 days, f.o.b. Fort Worth, freight $50.00 with orders under 300 pieces with agreement to begin September 16, 1997,and end September 15, 1998,with two one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. 611- 0 CITY COUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 16, 1997 PAGE 8 P-8404 There was presented Mayor and Council Purchase Communication No. P-8404 from the City Manager Agreement recommending that the City Council authorize a for Horizontal purchase agreement with Smith Pump Company, Pump Parts & Inc. to provide horizontal pump parts and repair Repair based on hourly rates,with payment terms of 1/2 of 1 percent 10 days, net 30 days f.o.b. job site, freight prepaid and added to invoice, with agreement to begin September 16, 1997, and end September 15, 1998,with two one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-8405 There was presented Mayor and Council Purchase Communication No. P-8405 from the City Manager Plumbing recommending that the City Council authorize a Repair purchase agreement with multiple vendors based on Service unit prices with payment terms of net 30 days, fo.b. Fort Worth,with agreement to begin September 16, 1997, and end September 15, 1998, with two one- year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-8406 There was presented Mayor and Council Auction of Communication No. P-8406 from the City Manager City Equipment recommending that the City Council confirm the Sale of sale of vehicles and miscellaneous surplus equipment Vehicles disposed of at auction, advertised and conducted by Lone Star Auctioneers, Incorporated and held on August 2, 1997. The auction yielded ross proceeds to the City of Fort Worth of$427,442.50. It was the consensus of the City Council that the recommendation be adopted. r r , CITE' COUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 16 , 199'7 PAGE 9 P-8407 There was presented Mayor and Council Janitorial Communication No. P-8407 from the City Manager Services recommending that the City Council authorize the continuation of janitorial services for the Health Department with Excel Maintenance Services based on $4,400.00 per month, with payment terms of two percent net 30 days. It was the consensus of the City Council that the recommendation be adopted. P-8408 There was presented Mayor and Council Purchase Communication No. P-8408 from the City Manager Agreement recommending that the City Council authorize a for EIM purchase agreement with Controls International, Valve Inc. to provide EIM valve operators, service and Operations, parts for the Water Department, with payment Service & Parts terms, net 30 days,fo.b. Dallas,TX., freight prepaid and added to invoice with agreement to begin September 16, 1997, and end September 15, 1998, with two one year options to renew. It was the consensus of the City Council that the recommendation be adopted. L-12062 There was presented Mayor and Council Acquisition of Communication No.L-12062 from the City Manager permanent recommending that the City Council approve the sanitary sewer acquisition of permanent sanitary sewer easements easement from various owners and locations, and find that $1 for each easement is just compensation. It was the consensus of the Ci , Council that the recommendation be adopted. L-12063 There was presented Mayor and Council Acquisition of Communication No 1,42063 from the City Manager one permanent recommending that the City Council approve the drainage acquisition fore eraoet drainage easement out easement CITY COUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 16, 1997 PAGE 10 of Lot 7, Bloch. 15, Wilkes Estate Addition, from Carolyn Cunningham for a total of$500.00. It was the consensus of the City Council that the recommendation be adopted. L-12064 There was presented Mayor and Council Acquisition of Communication No. L-12064 from the City Manager two permanent recommending that the City Council approve the sanitary sewer acquisition of two permanent sanitary sewer easements easements, Lot 14 & 15, Block 32, Woodhaven Country Club Estates Phase V111 from Billy and Mary Robertson, and James R. Tryon and Teresa Balcomb for a total of $1.00 for each easement. It was the consensus of the City Council that the recommendation be adopted. L-12065 There was presented Mayor and Council Conveyance Communication No. L-12065 from the City Manager One permanent recommending that the City Council approve the Utility Easement & conveyance of one permanent utility easement and Two temporary two temporary construction easements, Block 1 and construction 4, Village Creek Plant Addition, from the City of easements Fort Worth for a total of$1.00 for each easement. It was the consensus of the City Council that the recommendation be adopted. L-12066 There was presented Mayor and Council Cancellation of Communication N6.L-12066 from the City Manager Lae Worth recommending that the Cite Council approve the Lease at 8340 cancellation: of the -year lease with Stephen Leach, Heron Ili. regArding Lot 9,Block 30,Lake Worth Lease Su rvey (8340 Heron Drive). It was the consensus of the City Council that the recommendation be adapted. An rmffig CITY COUNCIL MEETING FLIRT WORTH, TEXAS SEPTEMBER 16 , 1997 PAGE 11 L-12067 Them was presented Mayor and Council Amend lease Communication No. L-12067 from the City Manager between the recommending that the City Council authorize the City of Fort Worth City Manager to execute an amendment to the lease Fort Worth Baker between the City of Fort Worth and Fort Worth Building, L.P. Baker Building, L.P. dated 3/28/97 (M&C L-11942) leasing space in the Baker Building for the Fort Worth International Center,to add 2,576 square feet of space to the leased area and add $20,685.28 to the current rental rate of $66,006.60, for a total of $86,691.88 annually. On motion of Council Member Haskin, seconded by Council Member Lane the recommendation was adopted unanimously. PZ-1981 There was presented Mayor and Council Board of Communication No.PZ-1981 from the City Manager Adjustment recommending that the City Council waive the filing Fee Waiver fee of $300.00 for a variance before the Board of for Tarrant Adjustment by Tarrant County. (B/A-97-278). On County motion of Mayor Pro tempore McCray,seconded by Council Member Picht, the recommendation was adopted unanimously. C-16201 It was the consensus of the City Council that Withdrawn consideration of Mayor and Council Communication No.. C-16201, Authorization for Demolition of a Substandard Structure Continued from June 2 , 1997, at 1 Location by Single Vendor for City Services Department and Crime Control District, be withdrawn from teagenda. C-16287 There was presented Mayor and Council Change Order CommunicationINITo.C46287 87 fro the City Manager No. 1 with recommending that the City Council authorize the Hasty ty C antra t r C , Manager to execute Change Order No. I to City Service, Inc. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 1997 PAGE 12 Secretary Contract No.22919 with Hasty Contractor Service,Inc. in the amount of$17,338.00, increasing the contract amount to $136,324.50. It was the consensus of the City Council that the recommendation be adopted. C-16288 There was presented Mayor and Council Laidlaw Communication No. C-16288 from the City Manager Environmental recommending that the City Council: Services, Inc. 1. Approve a transfer of $150,000.00 from Undesignated Disposal to the City Generated Hazardous Waste project within the Environmental Management Fund; and 2. Authorize the City Manager to enter into a contract with Laidlaw Environmental Services, Inc. for packaging, transportation, and disposal of hazardous waste at a total cost not to exceed $150,000.00, and 3. Authorize this agreement to begin October 1, 1997, and end September 30, 1998, with three one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. C-16289 There was presented Mayor and Council Ord. # 13159 Communication No.C-16289 from the City Manager Ord. # 13160 recommending that the City Council.- Texas Dept. of health 1. Authorize the City Manager to accept upon Maternal & receipt, a "texas Department of Health (TDH) Child health grant contract addendum, in the amount of $80,00-0.00 for the " `9 7 (Title V.) Maternal & Child Health ( 1&CH) grant program, an CITY COUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 16 , 199'7 PAGE 13 2. Adopt Appropriations {ordinance No. 13159 increasing the estimated receipts and appropriations in the grants fund in the amount of$80,000.00 from available funds for the purpose of providing Interim Financing for Texas Department of Health-Supported Health Department Programs, and 3. Waive the collection of indirect costs, estimated for this contract addendum to be $18,784.00 (based on the current indirect cost rate of 23.48 percent) in order to use these additional funds to further current program activities, and 4. Authorize the City Manager to apply for FY 98 Texas Department of Health (TDH) grant renewals for Maternal and Child Health (M&CH; Title Y) Program Activities totaling $420,000, and 5. Authorize the City Manager to accept and execute a TDH grant contract renewal for Maternal Child Health (Title Y) program activities upon receipt, and 6. Authorize a non-interest bearing interfun loan from the General Fund to the Grant Fund in teamount of$105,000.00 for interim financing of this grant project pending contract execution, and 7. Adopt Appropriation r inance No. 13160 increasing the estimated receipts and appropriations in the grants. fund in the ap CITY COUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 16, 1997 PAGE 14 amount of$420,000.00 subject to the receipt of the grant for the purpose of providing funding for Texas Department of Health-Supported Health Department Programs, and 8. Waive the collection of indirect costs, estimated for these two program activities to be $98,616.-00 (based on the current indirect cost rate of 23.48 percent) in order for the Department to continue its current level of service delivery. It was the consensus of the City Council that the recommendation be adopted. C-16290 There was presented Mayor and Council Ramex Communication No. C-16290 from the City Manager Construction recommending that the City Council authorize the Co. Inc. City Manager to execute a contract with Ramex Construction Co., Inc., in the amount of $2,569,155.60, for the Elizabeth Creek Sewer Diversion, 24-inch Force Main, Contract C, for Lift Station Nos. I and 2 and .function Structure. It was the consensus of the City Council that the recommendation be adopted. C-16291 There was presented. Mayor and Council Consent Communication No. C-16291 from the City Manager Agreement reco e i that the City Council authorize the with Paschal City Manager, or his designee, to enter into the High School consent agreement with Paschal High School to permit installation of banners on city-owned street light poles. It was the consensus of the City Council that the recommendation be adopted. .wr CITY COUNCIL MEE'T'ING FORT WORTH, TEXAS SEPTEMBER 16 , 1997 PAGE 15 C-16292 There was presented Mayor and Council Pate Communication No. C-16292 from the City Manager Brothers recommending that the City Council authorize the Construction City Manager to execute a contract with Pate Company, Inc. Brothers Construction Company,Inc.,in the amount of $741,447.93, for the Whites Branch Sewer Extension, Contract B. It was the consensus of the City Council that the recommendation be adopted. C-16293 There was presented Mayor and Council Ord. # 13161 Communication No.C-16293 from the City Manager Circle "C" recommending that the City Council: Construction 1. .Authorize the City Manager to transfer $729,525.00 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund, and 2. Adopt Appropriation Ordinance No. 13161 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $729,525.00 from increased revenues for the purpose of funding a contract to Circle "C" Construction for Sanitary Sewer Rehabilitation Contract VIII, and 3. Authorize the City Manager to execute a contract with Circle "C" Construction in the amount of $634,525.00 for Sanitary Sewer Rehabilitation Contract VXXVIII (3 8). It was the consensus of the City Council that the recommendation entio be adopted. CITY COUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 16, 1997 PAGE 16 C-16294 There was presented Mayor and Council Engineering Communication No. C-16294 from the City Manager Service recommending that the City Council authorize the Agreement to City Manager to execute an engineering agreement Turner with Turner Collie & Braden, Inc., for a fee not to Collie & exceed $56,456.00 to conduct an investigation of the Braden, Inc, design, installation and source of leaking in the existing 24-inch water line and 6-inch foam line at the Hangar of International Aviation Services Ltd. and to prepare alternative recommendations for a permanent repair. It was the consensus of the City Council that the recommendation be adopted. C-16295 There was presented Mayor and Council Amendment Communication No.C-16295 from the City Manager No. 1 - recommending that the City Council authorize the Engineering City Manager to execute Amendment No. 1 to the Agreement with engineering agreement with Freese & Nichols, Inc., Freese & for the construction management of the North and Nichols, Inc. South Holly Water Treatment Plants Backwash Facilities Modifications and Chlorine and Ammonia Rehabilitation, increasing the total fee by $364,565.00 from $840,318.01 to $1,204,883.01. It was the consensus of the City Council that the recommendation be adopted. C-16296 There was presented Mayor and Council Child Care Communication No.C-16296 from the City Manager Development recommending that the City Council: Program Texas 1. Authorize the City Manager to accept Workforce additional grant funds in an amount up to Commission $165,709.83 from the Texas Workforce for "Title V1 Commission `IW Q in Fiscal Year 1996 (September 1, X996, through .august 31 1997) CITY COUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 16 , 1997 PAGE 17 of Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) for the Child Care Development Program, and 2. Authorize the City Manager to accept grant funds in the amount up to $501,220.00 from the TWC in Fiscal Year 1997 (September 1, 1997, through August 31, 1998)of Title VI of the PRWORA for the Child Care Development Program, and 3. Apply in-kind local match of $290,472.00 provided by various Child Care Services Organization, and 4. Adopt Appropriation Ordinance No. 13162 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $957,401.83 from available funds for the purpose of funding the Child Care Development Program through a grant from the Texas Workforce Commission, and 5. Approve administrative costs in the amount of $35,709.83 from September 1, 1996, through August 31, 1998, and 6. Authorize the City Manager to execute contracts with organizations to provide additional child care services,contingent upon approval and receipt of the funding. All contracts will begin September 1 1997, and end August st 31 1998. �r CITY COUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 16, 1997 PAGE 18 7. Apply indirect cost rates in accordance with City Administrative Regulation 3-15. Currently the rate is 9.82 percent. It was the consensus of the City Council that the recommendation be adopted. C-16297 There was presented Mayor and Council Eagle Contracting Communication No. C-16297 from the City Manager Corporation recommending that the City Council authorize the City Manager to execute a construction contract with Eagle Contracting Corporation,for South Holly Water Treatment Plant filter renovations,on low bid of $5,972,775.00. It was the consensus of the City Council that the recommendation be adopted. C-16298 There was presented Mayor and Council Humane Communication No.C-16298 from the City Manager Society of recommending that the City Council authorize the North Texas City Manager to execute an amendment to City Secretary's Contract No. 18739 to extend the Animal Control kenneling contract with the Duman Society of North Texas for six months beginning October 1, 1997, and ending March 31, 1998, and to amend the fee agreement for the quarantine, kenneling, and euthanization of animals. On motion of Council Member Dane, seconded by Council Member McCloud, the recommendation was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16 , 199'7 PAGE 19 C-16299 There was presented Mayor and Council Renew Communication loo. C-16299 from the City Manager Contracts recommending that the City Council authorize the Harris City Manager to execute the first of four consecutive Methodist options to renew for one-year term contracts with Texas Health Harris Methodist Texas Health Plan, Inc., dlbla Plan, Inc. Harris Methodist Health Plan; Farris Methodist Health Insurance Company, Harris Methodist Texas Health Plan, Inc., d/bla Summit Administrative Services, and John Alden Life Insurance Company for group medical benefits and services for employees and retirees and their eligible dependents. Council Member Hirt advised Council that she had filed a conflict of interest affidavit on Mayor and Council Communication No. C-16299. Mayor Barr requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C-16299 inasmuch as he had a business relationship with Harris Methodist Health Plan. Council Member Silcox made a motion,seconded by Council Member Wentworth,, that Mayor Barr be permitted to abstain from voting on Mayor and Council Communication No. C-16299 and that Mayor Pro to pore McCray preside over this item. The motion carried unanimously. Council Member McCloud made a motion,seconded ley Council Member Lane, that Mayor and Council Co m ; unication No. C-16299 be adopted. The motion carried by the following rote: CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16, 1997 PAGE 20 AYES; Mayor Pro tempore McCray; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and McCloud NOES: None ABSENT: None NOT VOTING: Mayor Barr and Council Member Hirt Z-97-100 It appeared that the City Council at its meeting of September 9, 1997, continued the hearing of Fort Worth ISD, for a change in zoning of property located at 7325 Kermit Avenue from "A" One- Family to "CF" Community Facility. Mayor Barr asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard, Council Member Silcox made a motion,seconded by Mayor Pro tempore McCray, that the application of Fort Worth ISD, Zoning Docket No. Z-97-100, be approved. The motion carried unanimously. Z-97-096 It appeared that Zoning Docket No. Z-97-096 was set for a bearing before the City Council, Leisure Entertainment Corp, 6291 Granbu , load, from "E"'Commercial to "PD/Sty Planned Development/ Specific Use for all uses in "E" Commercial plus indoor laser tag game and electronic amusement devices, with waiver of site plan requested. Mayor Barr asked if their was anyone present desiring to be heard. rte✓h CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 16 , 199'7 PAGE 21 Z-97-096 Council Member Picht made a motion, seconded by Continued Council Member Lane, that the application of until Leisure Entertainment Corp., 6291 Granbury Road October 14, 1997 from "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial plus indoor laser tag game and electronic amusement devises, with waiver of site plan requested, Zoning Docket No. Z-97-096, be continued until October 14, 1997. The motion carried unanimously. Z-97-105 It appeared that Zoning Docket No. Z-97-105 was set for a hearing before the City Council, Fort Worth Habitat for Humanity by Kelly Ryan, 1501, 1505 & 1521 E. Hattie Street, from "PD45" Planned Development/Industrial Park to "A" One-Family. Mayor Barr asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard, Council Member Haskin made a motion, seconded by Council Member McCloud, that the application of Fort Worth Habitat for Humanity,Zoning Docket No. Z-97-105, 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 N .3011,Council Member Silcox made a motion,seconded by Council Member McCloud,that the zoning hearing be closed and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 16, 1997 PAGE 22 ORDINANCE NO. 13163 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, 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 PS"; 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 PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PR0wvJDLNG FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 16 , 199'7 PAGE 23 Citizen Presentations Sharon Armstrong Mrs. Sharon Armstrong, 4605 Virgil, appeared before the City Council and presented information to them regarding the John C. Ford Program for Economic Development Business and stated that she would be happy to contact the instructor if the Council was interested. Executive It was the consensus of the City Council that they Session meet in closed session at 10:40 a.m. to seek the advice of its attorneys concerning the following pending litigation or other matters which are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules: a) Francine Lyles v. City of Fort Worth et al., Cause No. 4:96-CV-959-A b) Legal issues concerning Neighborhoods Organized for Substance Abuse Prevention, Inc. c) In the matter of Fort Worth Consortium v. U.S. Department of Labor, Cause No. 96-60256 d) Eilee McGee et al. V. City of Fort North and TU Electric, Cause No. 159379- 9 as authorized by Section 551.071 of the Texas Government Code. Adjournment There being no further business, the eet g was adjourned at 11-.30 a.m. CITY COUNCIL MEETING FORT WORTH,TEXAS SEPTEMBER 16, 1997 PAGE 24 ;pry, CITY SECRETARY MAYOR