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HomeMy WebLinkAbout1997/11/04-Minutes-City Council F�l s2 n CITY COUNCIL MEETING NOVEMBER 4, 1997 Date & Time On the 4th day of November, A.D., 1997, the City Council of the City of Fort Worth, Texas, met in regular session,at Diamond hill-Jarvis Nigh School, at 7.10 p. ., with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Eugene McCray; Council Members Jim Lane, Chuck Silcox, Becky Hakin, Clyde Picht, Jeff Wentworth, Ralph McCloud and Cathy Hirt; City Manager Bob Terrell; City Attorney Wade Adkins; City Secretary Alice Church, With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Joseph B. LaRue, Living Nord Fellowship Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Wentworth, the minutes of the regular meeting of October 28, 1997,were approved unanimously. Mayor Barr informed the listening audience that the City Council meeting tonight was being held in the auditorium of the Diamond hill-Jarvis Nigh School, and expressed appreciation to the Fort Worth Independent School District and to the Principal for allowing the City} to meet in the school. Council Member Lane expressed appreciation to the audience for attending the meeting and encouraged the citizens to fill out citizen presentation cards and take advantage of this opportunity to spew with the Council about their co nigr% 5 a CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 1997 PAGE 2 Council Member Haskin presented Certificates of Recognition to former boards and Commission members and thanked them for their years of service to the City. Assistant City Secretary, Gloria Pearson, Industry Leader for the City of Fort North,for the American Heart Association Walk presented the Grand Prize Trophy to Mayor Barr and City Manager Terrell for our efforts in raising the highest amount of money for the heart walk. Withdrawn/ City Manager Terrell requested that Mayor and Consent Agenda Council Communication No. G-12048 be withdrawn from the consent agenda. Continued/ City Manager Terrell requested that Mayor and Withdrawn Council Communication No. PZ-1992 be withdrawn from the agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Hakin, the consent agenda, as amended, was adopted unanimously. Appointment Council Member McCloud made a motion,seconded by Council Member Lane, that Ms. Zoe Windley be appointed to the Co unity Programming Advisor- y oar and that Mr. Jesse Kemp be appointed to the City Plan Commission, with terms of office expiring October 1, 1998. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH,TEXAS NOVEMBER 4, 1997 PAGE 3 Mayor Barr announced that he had requested that Mayor Pro tempore McCray replace Council Member Haskin on the North Central Texas Council of Government Steering Committee for Trinity River Corridor Interjurisdictional Management and he graciously accepted. OCS-938 There was presented Mayor and Council Claims Communication No. OCS-938 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-12042 There was presented Mayor and Council Ord. # 13217 Communication No. G-12042, dated October 21, Rezoning of 1997,from the City Manager recommending that the Certain City Council: Substandard Properties 1. Adopt Ordinance No. 13217 adopting a 180 day moratorium on acceptance of applications for zoning or development of certain properties scheduled for demolition, and 2. Authorize the City Manager to initiate rezoning to "A" single family of properties located at 11,37 E. Bessie St.,951 E—Broadway Ave., 1532 E. Hattie St., and 714 Kentucky, and 3. Authorize the City Manager to initiate rezoning to "B"' two-family of the properties located at 1401 E. Leuda St. and the portion of 3851 E. Lancaster that is presently zoned "C"'. r CITY COUNCIL MEETING FORT WORTH,TEXAS NOVEMBER 4, 1997 PAGE 4 Council Member Haskin requested clarification regarding the properties located along E. Lancaster. Assistant City Manager Guajardo appeared and explained that the action taken by Council was to initiate the process and stated that the properties would still go through the zoning process and then come back to Council for final approval. Council Member McCloud made a motion,seconded by Council Member Wentworth, that Mayor and Council Communication No. G-12042 be adopted. The motion carried unanimously. G-12047 There was presented Mayor and Council Amendment Communication No. G-12047 from the City Manager M&C C-13208 recommending that the City Council: Burnett Plaza 1. Amend M & C C-13208, dated January 14, 1992, to authorize execution of a lease agreement with Burnett Plaza Associates for rooftop antenna and floor space on Burnett Plaza with an initial term of ten years, expiring October 31, 2002, with the right to renew for two consecutive terms of five years each, as provided in City Secretary Contract "CSC" No. 19032, and 2. Approve expenditures in accordance with CSC No. 19032 for an amount not to exceed $147,600.00 per year, to be adjusted for any increases in the CPI, as provided by CSC No. 1.9032. It was the consensus of the City Council that the recommendation be adopted.. C'IT'Y COUNCIL MEETING FLIRT WORTH, TEXAS NOVEMBER 4, 1997 PAGE G-12048 There was presented Mayor and Council Res. #2354 Communication No. G-12048 from the City Manager International recommending that the City Council: Aviation Services, Ltd 1. Authorize the City Manager to retain the firm of Gilbert & Colvin, and designate Joseph W. Colvin as outside counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the City Attorney in the representation of the City's interests in the International Aviation Services, Ltd. Chapter 11 bankruptcy action, and 2. Adopt Resolution No. 2354 fixing in advance, as far as practicable, that the sum to be paid to Gilbert & Colvin shall not exceed $250.00 per hour for a total amount not to exceed $10,000.00. City Manager Terrell informed Council that the name of the firm changed after the Mayor and Council was submitted for approval by Council, stating that it should read Colvin and Petrocchi, LLP rather than Gilbert and Colvin. Council Member Silcox made a motion,seconded by Council Member Haskin, that Mayor and Council Communication No. G-12048 be adopted, as amended. The motion carried a i o sly. G-12049 There was presented Mayor and Council Bill Lae Communication No.G-12049 from the Cite Manager Legal Counsel recommending that the pity Council confirm the for Thomas s employment of Bill Lane, attorney at Law, as Windham outside legal counsel, to represent Thomas as Windham, the Chief of Police, in connection with CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 199'7 PAGE 6 investigation conducted by the Fire Fighters' and Police Officers' Civil Service Commission; and authorize a sum not to exceed $33,163.50 to be paid to Bill Lane for his services in this matter. Jena Parker & Ms. Jena Parker, 4109 Tulip Tree Court, and Ms. Doris Green Doris Green,3200 Bonnie Brae,appeared before the City Council and expressed opposition to this Mayor and Council Communication. Council Member Silcox made a motion,seconded by Council Member Picht, that Mayor and Council Communication No. G-12049 be denied. Council Member Lane informed Council that he had submitted a Conflict of Interest Affidavit to the City Secretary on Mayor and Council Communication No. G-12449. Council Member Haskin made a substitute motion, seconded by Council Member McCloud,that Mayor and Council Communication No. G-12049 be continued for two weeks. The motion failed by the following vote: AYES: Mayor Barr; Council Member Raskin, Wentworth, and McCloud NOES.- Mayor Pro to ore ` cCray Council Members Silcox, Picht, and Dirt ABSENT.- None NOT VOTING: Council Member Lane fas CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 1997 PAGE 7 The motion to deny Mayor and Council Communication No. G-12049 failed by the following vote: AYES: Mayor Pro tempore McCray, Council Members Silcox, Picht, and Hirt NOES: Mayor Barr, Council. Member Haskin, Wentworth, and McCloud ABSENT: None NOT VOTING: Council Member Lane Council Member McCloud made a motion,seconded by Council Member Haskin,that Mayor and Council Communication No. G-12049 be continued for one week. The motion failed by the following vote: AYES: Mayor Barr, Council Member Haskin, and McCloud NOES: Mayor Pro tempore McCray; Council Members Silcox, Picht, Wentworth, and :f=lirt ABSENT: None NOT VOTING: Council Member Lane CITY COUNCIL MEETING FORT WORTH,TEXAS NOVEMBER 4, 1997 PAGE 8 G-12050 There was presented Mayor and Council Settlement Communication No. G-12050 from the City Manager Lawsuit recommending that the City Council. Pamela Rooney 1. Approve the proposed partial settlement of the lawsuit styled Pamela Rooney et al v. De Soto, Inc., and the City of Fort Worth, Cause No. 348-135278-91, and 2. Authorize the City Manager to expend the sum of$50,000.00 to accomplish the proposed partial settlement as agreed to by Mark and Marcia Graves, their attorney, the Noteboom and Gray Law Firm, and the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. G-12051 There was presented Mayor and Council Additional Communication No.G-12051 from the City Manager Personal recommending that the City Council approve a one- Holiday time granting of an additional personal holiday to be used on Friday, December 26, 1997. It was the consensus of the City Council that the recommendation be adopted. G-12052 There was presented Mayor and Council Ord. # 13218 Communication No.G-12052 from the Cite Manager Awarded recommending that the City Council adopt Assets Funds Ordinance No. 13218 increasing the estimated receipts and appropriations in the Special Trust Fund, Awarded Assets in the amount of$28,200.00 from increased receipts and appropriations for the prose of funding the purchase of lab furnishings, aq 0 CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 1997 PAGE 9 a computer, and the two seized vehicles from the United States Marshal Service. It was the consensus of the City Council that the recommendation be adopted. G-12053 There was presented Mayor and Council Water Communication No. G-12053 from the City Manager Environment recommending that the City Council authorize the Research continued participation in the Water Environment Foundation Research Foundation for the Water Department at a membership fee of$31,968.00. It was the consensus of the City Council that the recommendation be adopted. G-12054 There was presented Mayor and Council Fort Worth Communication No. G-12054 from the City Manager Transportation recommending that the City Council appoint the Authority following persons to the Fort Worth Transportation Authority(FWTA)Executive Committee to one-year terms from September 1, 1997 to August 31, 1998: Armando Hernandez Jim Lane Alice Holland Becky Raskin Renee Higginbotham Brooks Eugene McCray Richard Sprayberry Clyde Picht Walker Friedman JeffWentworth Roy Laverne Brooks, Ralph N-,IcOoud Mar,y Palko Cathy Hirt Council Member Picht advised Council of a correction to be made to the District 6 appointment, stating that the extra "y" in Spray berry should be deleted, and made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-12054 be adopted, as corrected. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 1997 PAGE 10 G-12055 Them was presented Mayor and Council Ord. # 13219 Communication No.G-12055 from the City Manager Acceptance recommending that the City Council: of Donation Fort Worth 1. Authorize the City Manager to accept the Botanical donation of$25,000.00 from the Fort Worth Society Botanical Society to purchase four computers for the Botanic Garden, and 2. Adopt Appropriation Ordinance No. 13219 increasing the receipts and appropriations in the General Fund in the amount of$25,000.00 upon receipt of funds from the Fort Worth Botanical Society for the purpose of funding the purchase of computers for the Botanic Garden. On motion of Council Member Laskin, seconded by Council Member Silcox the recommendation was adopted, with appreciation. P-8447 There was presented Mayor and Council Purchase Communication No. P-8447 from the City Manager Paint chi recommending that the City Council authorize an Related Items annual purchase agreement for City departments with two vendors for the purchase of paint and related items based on the lowest responsible bids received by category,, with agreement to begin on November 5, 199 ,and expire on November 4, 1998, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 1997 PAGE 11 L-12114 There was presented Mayor and Council Acquisition Communication No. L-12114 from the City Manager of three recommending that the City Council approve the permanent acquisition of the Permanent Drainage Easements, drainage located in the Chamberlain Arlington Heights easements Second Filing Addition,east Como along Lake Como Drive and Diaz Avenue, Lots 4R, 5R, and 26,Blocks 36 and 38,from Five Roberts Inc. and Rosa Franklin for a total cost of$2,001.00. It was the consensus of the City Council that the recommendation be adopted. L-12115 There was presented Mayor and Council Redemption of Communication No. L-12115 from the City Manager Tax-Foreclosed recommending that the City Council approve the Surplus redemption of surplus City-owned properties out of Property Lot B,Block 16, the College Heights, Lot 6,Block C, South Eastlawn; and Lot 16 and 17,Block 8,Vickery Southeast Addition located at 1821 S. Hughes, 1516 Lloyd Avenue, 1341 E. Jessamine St. and 1345 E. Jessamine St., for a total of$6,676.73 from a single Sheriffs Deed. It was the consensus of the City Council that the recommendation be adopted. L-12116 There was presented Mayor and Council Release Communication No. L-12116 from the City Manager of Lien recommending that the City Council authorize the City Manager to execute a release of lien., Lot 4, .:lock 1,of Meadowbrook Acres Addition. It was the consensus of the City Council that the recommendation be adopted. gs " CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 1997 PAGE 12 PZ-1991 There was presented Mayor and Council Ord. # 13220 Communication No.PZ-1991 from the City Manager Easement recommending that the City Council adopt Vacations Ordinance No. 13220 vacating two ten-foot wide T.E.S. Co. easement, Lot 1, Block 1, Tanglewood Village Addition, a 15-foot wide water easement; a 10-foot wide T.E.S. Co. easement; a 5-foot wide utility easement; to the City of Fort Worth,Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-1992 It was the consensus of the City Council that Mayor Withdrawn and Council Communication No. PZ-1992,Jennings- May-St. Louis Street Closures VA-97-029: Eight Street Closures within the Jennings-May-St. Louis Neighborhood, be withdrawn from the agenda. C-16411 There was presented Mayor and Council Revision to Communication No.C-16411 from the City Manager M&C C-16219 recommending that the City Council amend M&C C-16219 to correct the name of the developer to Sandlin Brothers Joint Venture. It was the consensus of the City Council that the recommendation be adopted. C-16412 There was presented Mayor and Council Ord. # 13221 Communication No.C-16412 from the City Manager S.L. Sibert recommending that the City Council: Company, Inc. 1. Authorize the transfer of $799,984.38 from Water and Sewer Operating Fund to the water Capital Project Fund, and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 1997 PAGE 13 2. Adopt Appropriation Ordinance No. 13221 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $799,984.38 from available funds for the purpose of funding a contract to S.L. Sibert Company Inc., for Water Main Replacement Contract 97C, and 3. Authorize the City Manager to execute a contract with S.L. Sibert Co., Inc., in the amount of $669,443.00 for the Water Main Replacements Contract 97C "MWR97C". It was the consensus of the City Council that the recommendation be adopted. C-16413 There was presented Mayor and Council Amendment Communication No. C-16413 from the City Manager No. I - with recommending that the City Council authorize the Teague Nall City Manager to execute Amendment No. I to City and Perkins, Inc. Secretary Contract No. 21675 with Teague Nall and Perkins,Inc.,in the amount of$19,345.00 to provide for additional design services and increasing the contract amount to $71,015.00. It was the consensus of the City Council that the recommendation be adopted. C-16414 There was presented Mayor and Council McClendon Communication No. C-16414 from the City Manager Construction recommending that the City Council authorize the Company, Inc. City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $159,935.40 for the reconstruction of Blanch Circle from White Settlement Road to Sondr-A Drive. It was the consensus of the Citv- Council that the recommendation be adopted. Af MR CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 1997 PAGE 14 C-16415 There was presented Mayor and Council Ord. # 13222 Communication No. C-16415 from the City Manager Conatser recommending that the City Council: Construction, Inc. 1. Authorize the transfer $223,755.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund {$75,576.00} and to the Sewer Capital Fund ($148,179.00), and 2. Adopt Appropriation Ordinance No. 13222 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of$75,576.00 and in the Sewer Capital Projects Fund in the amount of $148,179.00 available funds for the purpose of funding a contract to Conatser Construction, Inc., for water and sewer improvements in Rowan Drive and Middle Road, and 3. Authorize the City Manager to execute a contract with Conatser Construction, Inc., in the amount of$198,892.00 for the construction of water and sewer improvements in Rowan Drive, from Clayton Load to Stonedale Road, and in the Middle Road,from Rowan Drive to Angus Drive. It was the consensus of the City,° Council that the recommendation be adopted. C-16416 There was presented Mayor and Council Halff Communication No.C-16416 from the City Manager Associates, Inc. recommending that the City Council authorize the City Manager to execute an engineering design Arm CITY COUNCIL MEETING FORT WORTH,TEXAS NOVEMBER 4, 1997 PAGE 1 agreement with Halff Associates, Inc.,for the design of the refurbishment of Saunders Park. It was the consensus of the City Council that the recommendation be adopted. C-16417 There was presented Mayor and Council Ord. # 13223 Communication No. C-16417 from the City Manager Comanche recommending that the City Council: Construction, Inc. 1. Authorize the transfer of$92,274.26 from the Water and Sewer Operating Fund to the Water Capital Project Fund {$8,865.00} and the Sewer Capital Project Fund ($83,409.26), and 2. Adopt Appropriation Ordinance No. 13223 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $8,865.00 from increased revenue and in the Sewer Capital Projects Fund in the amount of $83,409.26 from increased revenue for the purpose of funding a contract with Comanche Construction, Inc., for the reconstruction of Wharton Drive (Wedgmont Circle to Wonder Drive) and Wed ay Drive (Woodway Drive to Wonder Drive), and 3. Authorize the City Manager er to execute a contract with Comanche Construction Co., in the mount of$81,7794.26 and forty-five (45 working days for water and sewer construction in Wharton Drive from e g o t Circle to `on er Drive and Weay Drive from Drive to Wonder Drive. � 7 CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 199'7 PAGE 16 It was the consensus of the City Council that the recommendation be adopted. C-16418 There was presented Mayor and Council TU Electric Communication No. C-16418 from the City Manager recommending that the City Council; 1. Authorize the City Manager to execute a contract with TU Electric for administration of the e-Wise Low-Income Program from the date of contract execution through March 31, 1998, and 2. Authorize the acceptance of administrative performance fees paid by TU Electric in an amount of up to $70,000.00, and 3. Waive indirect costs since no salaries are involved. It was the consensus of the City Council that the recommendation be adopted. Z-97-073 It appeared that the City Council set today as the date for the Special hearing regarding the application of Rodriguez Affordable housing, Inc. for a change in zoning of property located at 5201 Collett Little Road from "I" Light Industrial and " Two Pa it to U Planned evelop e t/S eci c Use for Mixed use of esi entiah'Com ercial(Site plan required; See SP - 97-019), Zoning Docket No. Z7-073. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 1991 PAGE 1'7 Harry Bartel Mr, Harry Bartel, Suite 2100, 801 Cherry Street, appeared before the City Council and advised Council that the site plan had been modified in response to the request of the Zoning Commission and stated that the opposition that existed prior to the compromise no longer exist. Glenn Lewis & State Representative Glenn Lewis, 2512 Oakland James Mayes Boulevard,Suite 12,and James Mayes,5016 Apache Court, appeared before the City Council and commended the developers and urged Council to approve the application of Rodriquez Affordable Housing, Inc. Council Member Haskin advised Council that she filed a conflict of interest affidavit inasmuch as she bought property across from the proposed zoning applicant. There being no one else present desiring to be heard, Mayor Pro tempore McCray made a motion, seconded by Council Member Silcox, that Zoning Docket Nos. Z-97-073 and SP-97-019 be approved, and adopting Ordinance No. 13224, The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro to pore cCray Council Members Lane, Silcox icht, Wentworth, Cloud, and Hirt NOES: None ABSENT: e NOT VOTING: Council Member Raskin i C -.if 1 r CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 1997 PAGE 18 ORDINANCE NO. 13224 ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDDINANCE 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 YAKS 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 SNOWING 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 SE'VE A ILITV CLAUSE; PROVIDING A PENAL CLAUSE PROVIDING FOR ENGROSSMENT AND ENROLLMENT, PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 1997 PAGE 19 Mr.Mike Bausch,3305 Algonquin Avenue,appeared Citizen before the City Council and advised them of damage Presentations to his automobile resulting from striking a pothole in the Stockyards parking lot. City Manager Terrell referred Mr. Bausch to Assistant City Manager Boswell. Cynthia Mahoney Ms. Cynthia Mahoney, 4725 South Drive West, appeared before the City Council and expressed opposition to the removal of storm warning sirens. City Manager Terrell referred Ms. Mahoney to Assistant City Manager Watson. Cindy Morgan Ms. Cindy Morgan, 1923 Oakwood, appeared before the City Council and requested that ventilation systems be required in bingo halls. Council Member Silcox requested that staff provide the City Council with a report regarding this matter. Juanita Cineras Ms. Juanita Cineras, representing Allied Community of Tarrant, appeared with other representatives of the group and made a presentation to the Council regarding a satellite INS office in Fort Worth and the Alliance School Enrichment program. The group also extended an invitation to the Council to attend the Houston Education Conference. Adjournment There being no further business, the meeting was adjourned at :1 CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 1997 PAGE 20 o CITY SECRETARY MAYOR