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HomeMy WebLinkAbout1996/10/22-Minutes-City Council CITY COUNCIL MEETING OCTOBER 22, 1996 Date & Time On the 22nd day of October, A.D., 1996, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:10 a.m., with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Becky Haskin; Council Members Jim Lane, Chuck Silcox, Eugene McCray, Jewel Woods, Bill Meadows, Virginia Nell Webber, 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 Dr. Phillip Chacko, Hillside Memorial Christian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Lane, the minutes of the regular meeting of October 15, 1996, were approved unanimously. Special A proclamation for Decorative Painting Month was Presentations presented. Withdrawn/Consent Council Member Silcox requested that Mayor and Council Communication Nos. C-11655 and C-1572 be withdrawn from the consent agenda. Council Member Meadows requested that Mayor and Council Communication No. C-15723 be withdrawn from the consent agenda. Mayor l ro to r flaskin re queste i that Mayor and Council Communication No -8136 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 2 Council Member Lane requested that Mayor and Council Communication No. G-11653 be withdrawn from the consent agenda. City Manager Terrell requested that Mayor and Council Communication No. C-15719 be withdrawn from the consent agenda. Continued/ City Manager Terrell requested that Mayor and Withdrawn Council Communication No. C-15719 be withdrawn from the agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Woods, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Meadows advised Council that the Intra and Inter Governmental Committee was recommending the reappointments of Dr. J. Scott Mellina, Letha L. Aycock, and Paul Bosarge to the Animal Shelter Advisory Committee; Marsha Wright, Bill Frey, Craig Harbuck, and Charles W. Cook to the Board of Adjustment and the Fort Worth Alliance Airport Board of Adjustment; Don Bachman and Jim Ke-vres to the Board of Trustees of the Employees' Retirement Fund; Reverend W. G. Daniels and Horte cia Laguna to the Ethics Review Committee; Monte Elliott, Rosa Navejar, an Jennifer L. Jett to the Fort Worth Human Relations Commission; and Howard McMahan to the Tarrant County 911 Emergency Assistance District Board. Mayor Pro to pore Hoskin seconded the motion. The motion carried unanimously. G CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE Council Member Woods made a motion, seconded by Mayor Pro tempore Haskin, that L. Charles Edmonds, Jr. be reappointed to Place 6 on the Aviation Advisory Board and Wanda Bell be reappointed to Place 6 on the Library Advisory Board, with a term of office expiring October 1, 1998. The motion was adopted unanimously. Council Member McCray made a motion, seconded by Council Member Lane, that Marie Shelton be reappointed to Place 5 on the Aviation Advisory Board. The motion carried unanimously. Council Member Lane made a motion, seconded by Council Member McCray, that Bill Pokluda be reappointed to the Place 2 on the Community Development Council; Carlos P. Ayala be reappointed to Place 2 on the Parks and Community Services Advisory Board; and that Emily Wilson be appointed to the Place 2 on the Library Advisory Board, with terms of office expiring October 1, 1998. The motion carried unanimously. Council Member Webber made a motion, seconded by Council Member Meadows, that Elsie Bradford be reappointed to the Place 8 on the Community Development Council; Yvonne Johnson be appointed to Place 8 on the Parks and Community Services Advisory Board, with terms of office expiring October 1, 1998. The motion carried unanimously. City Attorney Adkins advised Council that the appropriate motion for ro n it Proposal C.P.-197 would be to introduce it into the minute, and vote on it next week as a resolution. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 4 City Council There was presented City Council Proposal No. 197, Proposal No. 197 as proposed by Council Member Silcox recommending that the following amendment to City Council Rules of Procedure be entered into the record of the City Council Meeting on October 22, 1996, on motion of Council Member Silcox, seconded by Mayor Pro tempore Haskin, the following recommendation is entered: Amend Section 3.1, Regular Meetings, .to read as follows: "The Council shall meet in the Council Chambers at the City Hall on Tuesday of each week at 14:00 A.M., except that the first and second Tuesday meetings of each month shall be scheduled for 7:40 P.M., unless otherwise officially changed by the City Council." Amend Section 3.4, Precouncil Meetings, to read as follows: "When necessary, the Council shall meet in the Pre-Council Chambers at the City Hall at 8:34 A.V . before a daytime Council meeting, at 2:00 P.M. before a Council meeting on the first Tuesday of each month, and at 4:00 p.m. before a Council meeting on the second. Tuesday of each month, unless otherwise officially changed by the City Council." These amendments shall take effect in December of 1996 provided howe °er, that the second Council meeting in December_ ber shall be held at 7:00 P.M. on December 12, 1996 in the Council °l am b s at the 1 Cr n CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 5 City Fall, and the Pre-Council meeting shall be held at 4:00 p.m. on December 12, 1996 in the Pre- Council Chambers at the City Hall. The City Council recommend to the Zoning Commission that the Zoning Commission change its regularly scheduled meeting to the second Wednesday of each month. Council Member Silcox suggested that the minor changes discussed during the Pre-Council session be included on the C.P. for the vote on next week. Susan Prescott Ms. Susan Prescott, 6716 Black Wing Drive, appeared before the City Council and urged Council to support the proposed Council Proposal changing the time of the Council Meetings and Pre-Council Meeting on the second Tuesday of the month. A vote was taken on the pending motion, and it carried unanimously. OCS-849 There was presented Mayor and Council Claims Communication No. OCS-849 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. C S-850 There was presented Mayor and Council Res. # 2225 Communication unication No. C CS-856 from the Office of the Zoning C t Secrete ,v, recommending that the City Council adopt Resolution No. 2225 setting regular zoning CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 6 hearing for November 1 , 1996. Can motion of Mayor Pro tempore Haskin, seconded by Council Member Woods, the recommendation was adopted. BH-0163 On the 24th day of September 1996, the City Council Ord. # 12736 established today as the date for the benefit hearing Assessment Paving for the assessment paving of Dewey Street from Dewey Street Decatur Avenue to Deen Road and that notice was given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. Mayor Barr asked if there was anyone present desiring to be heard. Mrs. Raquel Velasquez, representing the Department of Transportation and Public Works, appeared before the City Council and advised the City Council that the independent appraisal had been presented to Council; that it was staffs opinion that Dewey Street was beyond repair and that the street should be replaced; and called attention of the City Council to Mayor and Council Communication No. BH-0163, which recommended that the City Council adopt Ordinance No. 12736 that: 1. Closed the benefit hearing; and 2. Levied the assessments as proposed; and 3. Acknowledged that in each case the abutting property was specially benefitted in enhanced value in excess of the amount assessed for the improvement of Dewey Street from Decatur Avenue to Deen Road. There being no one else present desiring t e heard in connection with the benefit gearing for the assessment paving of l e ey Street from Decatur Avenue to been Road, Council Member Lane made e CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 7 a motion, seconded by Council Member Woods, that the benefit hearing be closed and the recommendations adopted, The motion carried unanimously. BH-0164 On the 24th day of September 1996, the City Council Ord. # 12737 established today as the date for the benefit hearing Assessment Paving for the assessment paving of Gardenia Street from El Gardenia Street Rancho Road to Wichita Street and that notice was given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. Mayor Barr asked if there was anyone present desiring to be heard. Mrs. Raquel Velasquez, representing the Department of Transportation and Public Works, appeared before the City Council and advised the City Council that the independent appraisal had been presented to Council; that it was staffs opinion that Gardenia Street was beyond repair and that the street should be replaced; and called attention of the City Council to Mayor and Council Communication No. BH-0164, which recommended that the City Council adopt Ordinance No. 12737 that: 1. Closed the benefit hearing; and 2. Levied the assessments as proposed; and 3. Acknowledged that in each case the abutting props y was specially benefitted in enhanced value in excess of the amount assessed for the improvement of Gardenia Street from El anc o Road to Wichita Street. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 8 There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Gardenia Street from El Rancho Road to Wichita Street, Council Member Webber made a motion, seconded by Council Member Meadows, that the benefit hearing be closed and the recommendations adopted. The motion carried unanimously. G-11648 There was presented Mayor and Council Ord. # 12738 Communication No. G-11648 from the City Manager Issuance of Short recommending that the City Council adopt Term Obligations Ordinance No. 12738 amending the definition of "Prior Lien Ponds" for the City's short-term obligation (i.e. commercial paper) program. It was the consensus of the City Council that the recommendation be adopted. G-11649 There was presented Mayor and Council Final Assessment Communication No. G-11649 from the City Manager Patton Drive recommending that the City Council approve the final assessment roll for the paving of Patton Drive from Stalcup to Maceo Lane, and authorize the issuance of certificates as evidence of the special assessments levied against the abutting property owners on Patton Drive. It was the consensus of the City Council that the recommendation be adopted.. G-116 0 There was presented Mayor and Council Final Assessment Communication No. -11650 from the Cite Manager Hughes Street recommending that the City Council approve the final assessment roll for the paving of Hughes Street from ertha Avenue to Ramey Avenue, and authorize the issuance of certificates as evidence of CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 9 the special assessments levied against the abutting property owners on Hughes Street. It was the consensus of the City Council that the recommendation be adopted. G-11651 There was presented Mayor and Council Final Assessment Communication No. G-11651 from the City Manager Chestnut Avenue recommending that the City Council approve the final assessment roll for the paving of Chestnut Avenue from N.W. 20th Street to N.W. 25th Street, and authorize the issuance of certificates as evidence of the special assessments levied against the abutting property owners on Chestnut Avenue. It was the consensus of the City Council that the recommendation be adopted. G-11652 There was presented Mayor and Council Final Assessment Communication No. G-11652 from the City Manager Eisenhower Drive recommending that the City Council approve the final assessment roll for the paving of Eisenhower Drive from Maceo Lane to Bunch Drive, and authorize the issuance of certificates as evidence of the special assessments levied against the abutting properly owners on Eisenhower Drive. It was the consensus of the City Council that the recommendation be adopted. 11653 There was presented Mayor and Council Final Assessment Communication No. G-11653 from the City Manager N. Houston St. recommending that the City Council approve the final assessment roll for the paving of N. Houston Street from Central to 15th Street, and authorize the issuance of cerfificate- as evidence of the special assessments 1 °ied against the abutting property owners on N. Houston Street. l CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 10 Council Member Lane advised Council that he would file a conflict of interest affidavit on Mayor and Council Communication No. G-11553. At this time, Council Member Webber excused herself from the Council table. Council Member Meadows made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-11553 be adopted. The motion carried by the following vote: AYES: Mayor Barr, Mayor Pro tempore Haskins Council Members Silcox, McCray, Woods, Meadows, and Hirt NOES: None ABSENT: Council Member Webber NOT VOTING: Council Member Lane G-11554 There was presented Mayor and Council Setting Communication No. G-11554 from the City Manager Benefit hearing recommending that the City Council: Chesser-Boyer Road 1. Declare the necessity for and order the improvements ents to Chesser-Boyer oa from Bonnie Brae Street to N. Beach Street; an . Authorize the assessment of a portion of the cost of the improvements, to Chesser-Boyer Road from onr ie Brae Street to N Beach Street; and CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 11 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate; and 4. Establish November 19, 1996, as the date of benefit hearing; and 5. Authorize the preparation of assessment rolls and notification of property owners in accordance with the provisions of Chapter 313 of the Texas Transportation Code. It was the consensus of the City Council that the recommendation be adopted. G-11655 There was presented Mayor and Council Res. # 2226 Communication No. G-11655 from the City Manager Great American recommending that the City Council adopt Main Street Resolution No. 2226 which expresses City Council Awards support for Fort Worth's downtown revitalization Competition activities and the entry into the Great American Main Street Awards Competition. Council 'Member Silcox advised Council that he did support the revitalization efforts of downtown Fort Forth, but stated that he did not support the information in Paragraph 3 of the resolution regarding Public Improvement istricts and TIF s. Mayor Fro to bore Hashin made a motion, seconded by Council Member 'goods, that Mayor and Council Communication No. G-11655 be approved. The motion carried by the foil in rote All V ,,.. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 12 AYES: Mayer Barr; Mayer Pro tempore Haskin, Council Members Lane, Moray, Woods, Meadows, and Hirt NOES: Council Member Silcox ABSENT: Council Member Webber G-11656 Council Member Woods made a motion, seconded by Continued until Council Member McCray, that consideration of after Executive Mayor and Council Communication No. G-11656 be Session continued until after the executive session. The motion carried unanimously. G-11657 There was presented Mayor and Council Reinvestment Communication No. G-11657 from the City Manager Zone 25 recommending that the City Council set Tuesday, October 29, 1996, at 10:00 a.m., as the date and time for a public hearing before the City Council concerning: (a) the advisability of establishing Fort worth Tax Abatement Reinvestment Zone Number 25 for tax abatement purposes, (b) the boundaries of the proposed zone, and authorize the City Manager to give notice of the public hearing as required by state law. Council Member Lane made a motion, seconded by Council Member Hirt, that Mayor and Council Communication No. G-11657 be adopted. The motion carried by the following vote: r CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 13 AYES: Mayor Barr, Mayor Pro tepore Haskin, Council Members Lane, McCray, Woods, Meadows, and Hirt NOES: Council Member Silcox ABSENT: Council Member Webber G-11658 There was presented Mayor and Council Adoption Communication No. G-11658 from the City Manager 1997 State recommending that the City Council: Legislative Program 1. Adopt the 1997 State Legislative Program as in the report; and 2. Authorize and direct the City Manager to distribute copies of the City's State Legislative Program to members of the Texas Legislature, to other cities, and to other interested individuals; and 3. Authorize and direct appropriate City officials to send letters of support or to meet with state officials to discuss the city's position on certain legislation as outlined in the program. Council Member Meadows made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G41658 be adopted., as amended, with the omission of Item No. 3 on Page 9 of the 1937 State Legislative program. The motion carried unanimously t; CITE' COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 14 P-8133 There was presented Mayor and Council Off-Set Communication No. P-8133 from the City Manager Press recommending that the City Council authorize the purchase of an off-set press from A.B. Dick Company on low bid of $39,789.00 for the Office Services Fund, with payment due upon receipt of invoice, F.Q.B. destination, and freight no charge. It was the consensus of the City Council that the recommendation be adopted. P-8134 'There was presented Mayor and Council Mega Lugs Communication No. P-8134 from the City Manager recommending that the City Council authorize a purchase agreement for the Water Department to provide mega-lugs from Davis/McAllen Pipe & Supply on low bid of unit prices meeting specifications,with payment terms net 30 days, f.o.b. destination, freight no charge, with agreement to begin October 22, 1996, and end October 21, 1997, with two one-year options to renew and reject all bids received on curb stops, items #8 and 9. It was the consensus of the City Council that the recommendation be adopted. P-8135 There was presented Mayor and Council Water Communication No. P-8135 from the City Manager Meters recommending that the City Council authorize a purchase agreement for the Water Department for water meters with multiple vendors on low bid of unit prices meeting specifications, with payment terms net 30 days, f.o.b. destination, freight no charge, with agreement to begin October 22, 1996, and October 21, 1997, with two one-year options to renew. it was the consensus of the City Council that the recommendation be adopted. r,>i k CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 15 P-8136 There was presented Mayor and Council Towing Communication No. P-8136 from the City Manager Services recommending that the City Council authorize a purchase agreement for towing services for the Police Department with multiple vendors with estimated expenditures with agreement to begin October 26, 1996, and end October 25, 1997. Mayor Pro tempore Haskin made a motion, seconded by Council Member Meadows, that Mayor and Council Communication No. P-8136 be continued for one month. Council Member Meadows express concern relative to the overly aggressive business practices of towing companies and their reluctance and willingness to work with people. City Manager Terrell advised Council that he would provide City Council with the criteria for the removal of a company from the list. Council Member Silcox requested that information relative to the clean up of the site after an automobile accident also be provided. The motion to continue Mayor and Council Communication No. P-8136 for one month was approved unanimously. Council Member Webber assumed her chair at the Council table at this time. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 16 P-8137 'There was presented Mayor and Council Television Communication No. P-8137 from the City Manager Camera recommending that the City Council authorize the Equipment purchase of television camera equipment for the Cable Communication Department from multiple vendors, on low bid meeting City specifications for an amount not to exceed $45,888.38 net 30 days, f.o.b. Dallas, Texas, freight prepaid and added. It was the consensus of the City Council that the recommendation be adopted. L-11843 There was presented Mayor and Council Acquisition Communication No. L-11843 from the City Manager of Underground recommending that the City Council approve the Utility Easement acquisition of two underground easements for a total of$2.00 from Mira Vista Development Corporation represented by Tim Nezworski in the John F. Heath Survey, Abstract No. 641 and the Joseph A. Dunham Survey, Abstract No. 409. It was the consensus of the City Council that the recommendation be adopted. L-11844 There was presented Mayor and Council Acquisition Communication No. L-11844 from the City Manager of permanent recommending that the City Council approve the & temporary acquisition of the permanent and temporary construction construction easement located at 1601 Langston easements described as being a portion of the C. W. Coonrod Survey, Abstract No. 291 for a total of$200.00 from is .e Kelley, Executor of the f to a Kelly Henry Estate It was the consensus of the City Council that the recommendation be adopted. L-11845 There was presented Mayor and Council Dedication Communication No. 1,41- 45 from the City Manager of drainagge, recommending that the City Council appro ve the easement dedition of a drainage easement for a total of $10.00 from Ce trel ort Venture, Inc., and the City, CITE' COUNCIL MEETING FORT "WORTH, TEXAS OCTOBER 22, 1996 PAGE 17 of Fort North out of the James J. Goodman Survey, Abstract No. 583. It was the consensus of the City Council that the recommendation be adopted. L-11846 There was presented Mayor and Council Acquisition Communication No. L-11846 from the City Manager of a utility recommending that the City Council approve the easement acquisition of a utility easement for a total of $1.00 from Perkinson Construction Corporation represented by Lawrence R. Chapman, Jr. in the James J. Goodman Survey, Abstract No. 583. It was the consensus of the City Council that the recommendation be adopted. L-11847 There was presented Mayor and Council Acquisition of Communication No. L-11847 from the City Manager two permanent recommending that the City Council approve the utility acquisition of two permanent underground public easements, utility easements and one temporary construction one temporary easement at a total cost of $3.00 for all three construction easements, and approve total of $1,350.00 easement reimbursement to TIC Electric Company to be allocated as follows. $1,050.00 for temporary construction fence, and $300.0 for crop damages to tenant farmer Calvin Peterson. It was the consensus of the City Council that the recommendation be adopted.. L-11848 There was presented Mayor and Council Acquisition Communication No. L I1848 from the City Manager of nineteen recommending that the City Council approve the permanent acquisition of nineteen permanent easements at $1.00 sanitary" sewer each for a total of$19.0(). It was the consensus oft the easements is Ott Council that the recommendation be adopted. CITY COUNCIL. MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 18 L-11849 There was presented Mayor and Council Sale of Communication No. L-11849 from the City Manager City-owned recommending that the City Council approve the sale surplus of surplus City-owned property to Fort Worth property Housing Finance Corporation, for the specified amounts, for the development of low to moderate income housing, and authorize the City Manager to execute the appropriate deeds, conveying the property to Fort Worth Housing Corporation, and record the deed. It was the consensus of the City Council that the recommendation be adopted. C-15709 There was presented Mayor and Council MSAI Communication No. C-15709, dated October 15, Carpet 1996 from the City Manager recommending that the Services City Council authorize the City Manager to execute a contract with MSAI Carpet Services Inc., in the amount of $377,672.00 and 90 calendar days. On motion of Council Member Silcox, seconded by Council Member Woods, the recommendation was adopted unanimously. C-15715 There was presented Mayor and Council Bellaire Communication No. C-15715 from the City Manager Ranch LTD. recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with Bellaire Ranch Ltd. Partnership, developer, for the installation of community, facilities for Tangle wood Village Addition, Block 4. It was the consensus of the City Council that the recommendation be adopted. C-15716 There was presented Mayor and Council Change Order Communication No. C-1511116 from the City Manager No, 3 - 3.L. recommending that the City Council authorize the Bertram Cite Manager to execute Change Order so. 3 to HMAC Overlay Contract 96-2 with J.L. Bertram CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 19 Construction in the amount of$36,060.48, providing for 3 inch overlay on streets lacking normal asphalt depth. It was the consensus of the City Council that the recommendation be adopted. C-15717 There was presented Mayor and Council Fort Worth Communication No. C-15717 from the City Manager Housing Finance recommending that the City Council authorize the Corporation City Manager to execute a contract with the Fort Worth Housing Finance Corporation (FWHFC) allowing the use of $150,000.00 in Community Development Block Grant Year XXI funds for infill housing development. It was the consensus of the City Council that the recommendation be adopted. C-15718 There was presented Mayor and Council Van Cliburn Communication No. C-15718 from the City Manager Foundation recommending that the City Council authorize the City Manager, or his designee, to enter into a Consent Agreement to permit installation of banners on city-owned street light poles to promote the International Van Cliburn Piano Competition for the period April 28, 1997, through June 9, 1997 on University between Cantey and Berry, on University between 1-30 and Harley and on Berry between University and Stadium. It was the consensus of the City Council that the recommendation be adopted. C-15719 It was the consensus of the City Council that flavor Withdrawn and Council Communication No. C-15719, Amendment N . I to the Engineering Agreement with Turner, Collie, Braden, Inc. for Sanitary Sewer Main 0 f=1 Drainage Area Inflow/infiltration Study and Semer Improvements (Group , Contract 3) be CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 20 withdrawn from the agenda. It was the consensus of the City Council that the recommendation be adopted. C-15720 There was presented Mayor and Council Workforce Communication No. C-15720 from the City Manager Governing Board recommending that the City Council authorize the City Manager to execute a contract with the Workforce Governing Board to provide resources for administrative support to the Local Workforce Development Board in the amount of$50,000.00 for the Program Year 1996-97. It was the consensus of the City Council that the recommendation be adopted. C-15721 There was presented Mayor and Council Walt Communication No. C-15721 from the City Manager Williams recommending that the City Council authorize the Construction, Inc. City Manager to execute a construction contract with Walt Williams Construction, Inc., in the amount of $250,377.57 for the replacement of utilities and reconstruction of Bal Lake Drive from Clayton Road West to Southwest Boulevard. It was the consensus of the City Council that the recommendation be adopted. C-15722 There was presented Mayor and Council Citizens Communication No. C-15722 from the City Manager Crime recommending that the City Council authorize the Commission City Manager to approve a contract with the Citizens Contract Crime Commission of Tarrant County to operate and support the Police Department Zero Tolerance and other crime prevention efforts. Council Member Silcox advised Council nrii t t he had received complaints that the Polio Department was receiving grant money from the Crime e Co mission CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 21 and other organizations were not given the opportunity to compete for the funding. City Manager Terrell informed Council that he was not aware of this and stated that he could investigate this matter and report back to Council. Ms. Patsy Thomas, Executive Director of the Crime Commission, appeared before the City Council and stated that she had not received any complaints, nor was she aware of any such problems, stating that each grant application and contract was documented in regard to what the monies could be used for, and she stated that they were audited at the end of the year. Council Member Webber made a motion, seconded by Council Member Woods, that Mayor and Council Communication No. C-15722 be adopted. The motion carried unanimously. C-15723 There was presented Mayor and Council Ord. # 12739 Communication No. C-15723 from the City Manager McClendon recommending that the City Council: Construction, Inc. Conatser 1. authorize the City Manager to transfer Construction, Inc.. $461,651.00 from the Water and Sewer Operafing Fund to the Water Capital Projects Fund in the amount of $259,005.00 and the Sewer Capital Projects Fund in the amount of $202,646.00, and 2. At Appropriations Ordinance No. 12739 increasing the estimated receipts and appropriations in the Water Capital Pro ects Fund in the amount of$259,005.00 and in the r As CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 22 Sever Capital Projects Fund in the amount of $202,646.00 from available funds for the purpose of funding reconstruction of North Bailey Avenue from Lindenwood Drive to White Settlement Road and from Lakewood Drive to Rockwood Park Avenue (Unit II ) and related Water and Sanitary Sewer Line replacement (Unit 1), and 3. Authorize the City Manager to execute a contract with Conatser Construction, Inc., in the amount of $415,865.00 for water and sanitary sewer replacement on North Bailey Avenue from Lindenwood Drive to White Settlement Road and from Lakewood Drive to Rockwood Park Drive, and 4. Authorize the City Manager to execute a contract with McClendon Construction, Inc., in the amount of $466,548.00 for the reconstruction of North Bailey Avenue from Lindenwood Drive to White Settlement Road and from Lakewood Drive to Rockwood Park Drive. Council Member Meadows advised Council that he would be ding a conflict of interest affidavit on Mayor and Council Communication No.. C-157123. Mayor Barr expressed concern relative to the length of the construction time for this project. Mr. Doug Rade aker, Director of the Engineering Department, appeared before the City Council and advissed them of the differte t aspects-, that were CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 23 factored into this time period and stated that he would work with the contractor to expedite the project. Council Member Woods made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. C-15723 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore Haskin, Council Members Lane, Silcox, McCray, Woods, Webber, and Hirt NOES: None ABSENT: None NOT VOTING: Council Member Meadows Council Member Woods made a motion, seconded by Mayor Pro tempore Haskin, that Mayor and Council Communication No. BH-0164 be reconsidered at this time. Dwight D. Ed on Mr. Dwight D. Ed on, 3007 Rodeo, appeared before the City Council and advised Council that he was representing everyone located along this four block radius and expressed opposition to the citizens having to pay for curb and gutters; he also advised Council that it was explained to him that this was already approved during a previous C.I.P. program. 0 CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 24 Mayor Barr explained that it was the practice of the City to assess property owners when there was no previous curb or gutter on the street and stated that they were only being assessed for that and not the street, Ms. Velasquez advised Council that there was not an appraisal performed and stated that an appraisal is performed when the street is 42" and wider, and stated that this was the standard charge of$9.42 per square foot. There being no one else present desiring to be heard in connection with the benefit hearing fort the assessment paving of Gardenia Street from El Ranch Road to Wichita Street, Council Member Webber made a motion, seconded by Council Member Meadows, to close the benefit hearing and approve the Mayor and Council Communication was approved unanimously. Council Member Meadows excused himself from the Council table at this time. Zoning Hearing It appeared to the City Council that a Zoning Z-96-108 Hearing was set for today in connection with recommended changes and amendments to Zoning Ordinance No. 3011, and that notice was given of the hearing by publication in the o rt Star le r Am, the official newspaper of the City of For Worth. Mayor Barr asked if there was anyone present desiring to be heard. Council Member flirt made a motion, seconded by Council Member Silcox that the following properties be approved: Ar t CITY COUNCIL MEETING FORT W ORTn, TEXAS OCTOBER 22, 1996 PAGE 25 Z-96-108 PHOENIX PROPERTY CO BY DTNAWAY ASSOCIATES 14011 W. 7th St. 1201 W. 7th St. 1101 W. 7th St. 1100 W. 10th St. 1001 W. 7th St. 810 Henderson St. 1015 W. 7th St. 823 Lexington 911 - 929 W. 1st St. 912 - 920 W. 2nd St. 930 W. 2nd St. 308 Lake St. I100 W. 5th St. 1101 W. 2nd St. 917 W. 2nd St. 921 W. 2nd St. 1414 W. 7th St. 1413 W. 5th St. 1410 W. 7th St. 1300 W. 7th St. 1316 W. 7th St. 1400 W. 7th St. 1101 W. 5th St. 11.00 W. 7th St. 1114 W. 7th St. 1200 W. 7th St. I tO7 W. 5th St. 1204 W. 7th St.. From "J" Industrial and "G" Commercial, t VR/S " to r"11:1e clop ent/ 1 e 1 ' e for the uses contained in the "H" nine District with a height limit x1120', su ect to seen condifions, that tgg r CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 26 have been incorporated in the Council Proceedings file of this date. The motion carried unanimously. SP-96-021 Council Member Hirt made a motion, seconded by Council Member Silcox, that the site plan mixed use development, Phoenix Property, be approved, as amended, adding asphalt removal, turf planting, and appropriate irrigation to be included on the site plan of the following properties: 1401 W. 7th St. 1201 W. 7th St. 1101 W. 7th St. 1100 W. 10th St. 1001 W. 7th St. 810 Henderson St. 1015 W. 7th St. 823 Lexington 911-929 W. 1st St. 912-920 W. 2nd St. 930 W. 2nd St. 308 Lake St. 1100 W. 5th St. 1101 W. 2nd St. 917 W. 2nd St. 921 W. 2nd St. 1414 W. th St. 1413 W. 5th St. 1410 'x. 1th St. 130 W. 7th St. 1316 W. 7th St. 1400 W 7th St. 1101 W. 5th St. 11 0 W. 7th St. 1114 W. 7th St. rte. w CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 27 200 W. 7th St. 1107 W 5th St. 1204 W. 7th St. The motion carried unanimously. Council Member Meadows assumed his chair at the Council table at this time. Z-96-130 Council Member Silcox made a motion, seconded by Council Member McCray, that the application of John P. Ryan by Dunaway Associates, for a change in zoning of property located at 4325 Bryant Irvin Road from "G" Commercial to "PDISU" Planned Development/Specific Use for all uses in "G" Commercial plus outdoor storage and display area for garden supplies, plants and building materials subject to the following. I. Outside storage of merchandise along the front of the retail store shall be in strict compliance with Section II.A.3b. 2. Outside storage of merchandise along the front of the garden center shall be in strict compliance with Section II.A.3.b, except for the following: Merchandise may extend more than feet from the front of the Garden. Center as long as the four foot wide unobstructed walkway is prodded in accordance with Section ILA3.h .3. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 28 3. The type and location of outside storage of merchandise within the Garden Center and the receiving area shall not be governed by the regulations contained Section l 1.A.3.b. 4. Signs shall be in conformance with Section 118. The motion carried unanimously. SP-96-023 Council Member Silcox made a motion, seconded by Council Member McCray, that the site plan of John P. Ryan of property located at 4325 Bryant Irvin Road for building materials, home garden supplies and equipment, outside storage, 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 Hirt made a motion, seconded by Council Member Silcox, that the hearing for cases recommended for approval be closed and the following ordinances be adopted: ORDINANCE NCI. 12740 AN ORDINANCE A M ENND I N G THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011, AS AMENDED, SAS BEING AN ORDINANCE REGULATING AND RESTRICTING THIS LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY ST RY 1 SI FNC R OTHER PURPOSE,S, THE HEIGHT. NL.'MBER OF STORIES AND SIZE OF 1..111 INCC S AND C1 I1C STRUCTURES, THE' SIZE F YARDS F f CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 29 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; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. It was the consensus of the City Council that they meet in joint executive session at 10:55 a.m. with the Board of Directors of the FW Sports Authority, Inc., to: 1. a Seely the advice of their attorneys concerning the development of the Texas International Raceway, which matters are exempt from ublic disclosure under Article X, Section 9 of the Texas State Bar Rules, as authorized by Section 551.071 of the Texas Government Code f� r CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 30 (b) Deliberate the purchase, exchange, lease or value of real property in connection with development of the Texas International Raceway, as authorized by Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City and the Sports Authority in negotiations with a third party. 2. The City Council will meet in closed session 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) Luke Rampy, Jr. et al. v. City of Fort Worth, et al. Cause No. 17- 139550-91 (b) Javier Hinojosa v. T.C. Lee and City of Fort Civil Action No. 4:95- CV-946-A as authorized by Section 551.071 of the Texas Government Code. The Ci r Council reconvened into regular session at 1:42 P.M. G-11656 There was presented Mayor and Council Settlement Communication No. C-11656 from the City Manager Lawsuit recommending that the City Council: Javier Hi o sa ME CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 22, 1996 PAGE 31 1. Approve the herein proposed settlement of the lawsuit entitled Javier Nino Josa v. T.C. Lee and City of Fort Worth Civil Action No. 4:95- CV-946-A 2. Authorize the expenditure and payment of $32,000.00 to Plaintiff Javier Hinojosa and his attorney Douglas T. Emerson, and 3. Authorize the appropriate City personnel to execute the documents necessary to complete the settlement. Council Member Woods made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. G-11656 be approved. The motion carried unanimously. Adjourned There being no one else present desiring to be heard, the meeting was adjourned at 1:45 p.m. CITE' SECRETARY MAYOR