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HomeMy WebLinkAbout1995/09/12-Minutes-City Council t ME 6 CITY COUNCIL MEETING SEPTEMBER 12, 1995 Date & Time On the 12th, day of September, A.D., 1995, the City Council of the City of Fort Worth, Texas, met in regular session, at 10:05 a.m., with the following members and officers present: Attendance Mayor Kay Granger: Mayor Pro tempore Bill Meadows; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Eugene McCray, Jewel Woods, Virginia Nell Webber, and Kenneth Barr, 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 Floyd G. Kisner, First Presbyterian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member McCray, seconded by Council Member Woods the minutes of the regular meeting of September 5, 1995, were approved unanimously. Special Presentations A proclamation was presented for Thistle Hill Proclamations Antique Fair Day to Una Bailey. A proclamation was presented for Diez y Seis de Septiembre Day to Father J sso. Withdrawn/Consent City Manager Terrell requested that Mayor an Council Communication Nos. G-11,222, P-7562, and PZ-1836 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 2 Council Member Meadows requested that Mayer and Council Communication No. G-11221 be withdrawn from the consent agenda. Continued/ City Manager Terrell requested that Mayor and Withdrawn Council Communication No. P-7562 be continued for one week. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. Presentations/City Council Appointments Mayor Granger advised Council that the term of Mr. Brud Pickett has expired and appointed Jeff King to Place 1 on the City Zoning Commission effective October 1, 1995. Council Member Barr made a motion, seconded by Council Member Silcox, that Jeff King be appointed to Place 1. The motion carried unanimously. Hearing/Budget & It appeared to the City Council that on September 5, Tax Levy 1995, the City Council continued the hearing until today in connection with the proposed budget for the 1:99 fiscal year to give eveyT interested person or citizen an opportunity to be heard. Mayor Granger asked if there was anyone present desiring to be heard. Jay D. Peacock, President of Po rt Worth Firefighters Association, 411 West Retta, appeared before the City Council and expressed, support for the proposed budget for the fire department. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE Adoption/Budget There being no one else present desiring to be heard Ord. #124'74 in connection with the proposed budget for the 1995- 96 Fiscal Year, Council Member Silcox made a motion, seconded by Council Member Barr, that Appropriation Ordinance No. 12074 on second and final reading establishing appropriations for the 1995-95 Fiscal Year, be adopted. The motion carried unanimously. Adoption/Ord. #12153 Council Member Silcox introduced Ordinance No. Tax Rate 12153 providing for the levy and collection of an annual ad valorem tax on all property, real, personal and mix situated within the territorial limits of the City of Fort North, Texas owned in said City of Fort Worth, Texas, on the 1st day of January, A.D. 1995, except such property as maybe exempted from taxation by the constitution in laws of the State of Texas, and he made a motion to adopt the ordinance levying taxes and setting the tax rate for 1995 at $0.9635 for maintenance and operation and $0.3821 for debt service, seconded by Council Member Haskin. The motion carried unanimously. Presentations/Council Committees Council Member Silcox requested that the Inter and Intra Governmental Committee place an item on their agenda to review City Council appointment procedures. Appointment of There was presented City Council Municipal Court Municipal Co rt Advisor Committee Policy Memorandum No. 4 Judge recommending that the brit Council appoint ,James A. Riddell as Municipal Court Judge for the A � r CITY COUNCIL MEETING � w FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 4 unexpired portion of a two year term ending March 31, 1996. On motion of Council Member Lane, seconded by Council Member Silcox, the recommendation was adopted unanimously. Presentations/City Secretary OCS-743 Liability There was presented Mayor and Council Bonds Communication No. OCS-743 from the Office of the City Secretary recommending that the City Council authorize the acceptance of liability bonds issued to W.F. Carter Construction, Inc., J S M Construction Company, Inc., & Farrier Concrete Construction. It was the consensus of the City Council that the recommendation be adopted. OCS-744 Claims There was presented Mayor and Council Communication No. OCS-744 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. Deport/City Manager 11219 Construction ere was presented Mayor¥or and Council "ire Prevention Communication No. -1 1219 from the City 1a a er Board of Appeals recommending that the City Council consent to the City Manager's reappointments of Joseph C. Smith to Place 3, J. Luis Aguilar to Place 5, and Gerald F. Richards to Place 9 on the Construction and Fire Prevention Board of Appeals. It was the consensus of the City Council that the recommendation be adopted. r CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER. 12, 1995 PACE 5 G-11220 Adoption There was presented Mayor and Council Programming Plan- Communication No. G-11220 from the City Manager Cable recommending that the City Council adopt the 1995- 96 Fort Worth Community Programming Plan for Community Cable television. It was the consensus of the City Council that the recommendation be adopted. G-11221 Assessment There was presented Mayor and Council Paving North Bailey Communication No. G-11221 from the City Manager Avenue recommending that the City Council: 1. Declare the necessity for and order the improvements to North Bailey Avenue from White Settlement Road to Lindenwood Drive, and 2. Authorize the assessment of a portion of the cost of the improvements to North Bailey Avenue against the owners of the abutting property, and 3. Approve the estimate of costs and amounts to be assessed as stated in the Engineer's Estimate, and 4. Establish October 10, 1995, as the date of benefit hearing, an 5. Authorize the preparation of assessment rolls and notification of grope , owners in accordance with the provisions of Article 1105 of Vernon's Annotated Civil Statutes. Council Member Meadows advised Council that he would be filing a conflict of interest affidavit on Mayor and Council Communication No. " 11221 IS j CI'T'Y COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 6 inasmuch as he had an equity interest in one of the properties. Council Member Webber requested permission of the City Council to abstain from voting on Mayor and Council Communication No. G-11221. Council Member Barr made a motion, seconded by Council Member McCray, that Council Member Webber be permitted to abstain from voting on Mayor and Council Communication No. G-11221. The motion carried unanimously. Council Member Silcox made a motion, seconded by Council Member Barr, that Mayor and Council Communication No. G-11221 be adopted. The motion carried by the following vote. AYES: Mayor Granger; Council Members Lane, Silcox, Haskin, McCray, Woods, and Barr NOES; None ABSENT: bone NOT VOTING: Mayor Pro to pore Meadows; and Council Member er e er G-11222 Correction There was presented Mayor and Council of Ord. # 12047 Communication No. 11:222 from the City Manager Ord. # 12154 recommending that the City Council adopt Ordinance No. 121 en in g Ordinance No. 12047(Tax Abatement Reinvestment Zone No. 2 1) to correct s °erai orpographical errain in the propertydescription, and authorize the City Manager er to revise the flax Abatement Agreement eteen the CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1495 PAGE 7 City and Downtown Fart Worth Initiatives, Inc. to correct several errors in the legal description of the real property owned by DFWI. City Attorney Adkins advised Council of a correction to be made on Mayor and Council Communication No. G-11222, providing an Attachment 1, adding property description. [Attachment 1 was made a part of the Council Proceedings file of this date]. Council Member Barr made a motion, seconded by Council Member McCray that Mayor and Council Communication No. G-11222 be adopted as amended. The motion carried by the following vote: AYES. Mayor Granger; Mayor Pro tempore Meadows; Council Members Lane, Haskin, McCray, Woods, Webber, and Barr NOES: Council Members Silcox ABSENT: None G-11223 Electrical There was presented Mayor and Council Code Amendments Co unicat on No. G-11223 from the City Manager Ord. # 12155 recommending that the City Council adopt Ordinance No. 12155 amending 11 of the Code of the City of Fort Texas (1986), to amend Section C of the Fort o electrical Code allowing professional engineers of non electrical background the opportunity to seal plans as allowed r state law. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 8 Mr. Coleman Sutton, Chief Electrical Inspector, appeared before the City Council and expressed concern regarding the certification of electrical plans by non-electrical engineers. Mayor Pro tempore Meadows made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-11224 Swimming There was presented Mayor and Council Pool Ord. # 12156 Communication No. G-11224 from the City Manager recommending that the City Council adopt Ordinance No. 12156 ending Chapter 16, "Health and Sanitation", of the Code of the City of Fort Worth, Texas (1986), as amended, through the amendment of Article XIV thereof, by the amendment of section 16-346, entitled "Definitions"I relative to defining those premises subject to regulation; by the amendment of Section 16-354, entitled "Occupations, Vocations or Businesses Requiring Permits", Subsection (a), relative to the requirement of a permit to operate certain businesses; by the amendment of Section 16-355, entitled "Fee Schedule", Subsection (a), relative to permit fees; by the amendment of Section 16-356, entitled "Submission of Plans", relative to plans approval for certain establishments; by the amendment of Section 1 3 , entitled "Plan n Review Fee", relative to fees charged for Plans Review; by the amendment of Section 16358, entitled "Pre- Operation Inspection", relative to inspections requirements; throu the addition of Article ;VIII, "Public Swimming Pools," prove for a purpose, fees, _s-44mming pool permit, issuance of permit, permit con Eons, plans review, certified pool operators, maintenance of pool records, grounds w CITY CO[TNCIL.MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 9 for permit denial, grounds for permit suspension or revocation, right of entry, inspection reports, closure order, hearings procedures, nuisance, and penalties and enforcement; providing this ordinance be cumulative, providing for severability, providing for a fine of up to $2,000 for each offense in violation of this ordinance. Assistant City Manager Libby Watson appeared before the City Council and explained that the primary purpose for this ordinance amendment was to comply with State Statues and advised Council that this Mayor and Council Communication did provide for two new additional fees. On motion of Council Member Woods, seconded by Council Member Silcox, the recommendation was adopted unanimously. G-11225 There was presented Mayor and Council Ord. # 12157 Communication No, G-11225 from the City Manager Burnett Park recommending that the City Council accept a contribution from the Downtown Fort Worth, Inc. in the amount of $170,821.00 to pay the City for the direct costs for the maintenance, operation, and seasonal color plantings for a period of one year for Burnett Park; and adopt Ordinance No. 12157 increasing the estimated receipts and appropriations in the Special Trust Fund in e amount of $170,821.00 21# from increased revenue for the purpose of funding the direct costs for the maintenance, operation, and seasonal color plantings for a period of one year for Burnett Park; and authorize the use of these funds to offset the direct cost for maintenance, operaflon and seasonal color painting for Burnett Park On mohon of Council Member Woods, seconded y Council Member Barr, the recommendation was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 10 G-11226 Ord. # 12158 There was presented Mayor and Council Cowtown gush-Up Communication No. G-11226 from the City Manager recommending that the City Council accept donations totaling $12,833.00 from: 1. Merrill Lynch, $200.00; Pruitt Chiropractic Clinic, $25.00; Propane Systems of Texas, Inc., $100.00; Kelly, Hart, and Hallman, $1,000.00; FFP {operating Partners, L.P., $250.00; National Finance Credit, $100.00; Preston and Colleen Geren, $100.00; Darrell Whitsel "Flowers for all Occasions, " $25.00; Power- Flite, $3,000.00; Richard D. Minker Company, $100.00; R.E. Sweeney Company, Inc., $500.00; Luskey's Western Stores, Inc., $100.00; Montgomery Watson Americas, Inc., $1,000.00; HNTB Corporation, $20.00; Courtney and Courtney Properties, $100.00; Denco Home Improvement, $100.00; Kevco, Inc., $100.00; Southwest Roofing Company, $1,500.00; Gainsco Service Corporation, $150.00; Hickman Investment, Inc., $1,000.00; Appel Associates, $50.00; Judith 0. Smith Mortgage Group, Inc., $250.00; Casco Land Company, Inc., $500.00; Environmental Management Resource Marketing, $1,000.00; First Southwest Company, $1,0€10.00, John and Ann Mason, $100.00- Fort 'o Fire Hockey, $150.00; Eastside Chiropractic, $100.00; Clemons Tractor Company, $100.00; R.C.R. Plastics, Inc., $100.00; and Sneed's Custom Homes, $13.00 to defray the cost of the "Cowtown Brush U " 1"55 campaign, and Kom �A%o CITY COUNCIL MEETING FORT WORTH, TEXAS SEP'T'EMBER 12, 1995 PAGE 11 2. Adopt Appropriations Ordinance No.12158 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $12,833.00 from increased revenue for the purpose of funding expenses relative to the Cowtown Brush Up '95 and future Cowtown Brush Up Paint-A-Thons. On motion of Council Member Haskin, seconded by Council Member Silcox, the recommendation was adopted unanimously, with appreciation. P-7561 There was presented Mayor and Council Time and Attendance Communication No. P-7561 from the City Manager Clocks recommending that the City Council authorize the purchase of Kronos ethernet based time and attendance clocks, accessories, and programming for the Water Department from Kronos, Inc., for an estimated amount of $22,652.00, net 30 days, f.o.b., Irving, Texas. It was the consensus of the City Council that the recommendation be adopted. P-7562 Water System It was the consensus that Mayor and Council Parts Communication No. P-7562, Sale of Various Water System Parts to Cyclone Aluminum and Steel Handling for the Water Department, be continued for one weep.. P-7563 Police Cruiser There was presented Mayor and Council Partitions Communication Nko. P-7563 from the City Manager recommending that City Council authorize a purchase agreement for police crutiser partitions and dressup accessories for the City Services Department with Troy Products based on low bid of manufacturer's list price less 40 percent discount, terms two percent discount tee days net 30 days, Lo.b. Montebello CA, -freight prepaid and added to invoices writh agreement to begin September 12, 199 v � CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1.995 PACE 12 and end September 11, 1996, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. P-7564 There was presented Mayor and Council Vehicle Emission Communication No. P-7564 from the City Manager Tester recommending that the City Council authorize the purchase of a vehicle emission tester for the City Services Department from Snap-On Tools based on low bid of$37,753.00, terms of one percent, discount ten days, net 30 days, f.o.b. destination, freight no charge. It was the consensus of the City Council that the recommendation be adopted. P-7565 Motorola There was presented Mayor and Council Pager Transmitter Communication No. P-7565 from the City Manager recommending that the City Council authorize the purchase of a Motorola pager transmitter for the Information Systems and Services Department from Motorola Inc., on the sole source bid for an estimated amount of$16,350.00, net 30 days, f.o.b. destination, freight no charge. It was the consensus of the City Council that the recommendation be adopted. P-7566 'There was presented Mayor and Council OEM Vermeer Co muncation No. P-7566 from the City Manager Industrial Parts recommending that the City Council authorize a purchase agreement f r OEM Vermeer i ust ial parts for the City Services Department with Vermeer Equipment of Texas Incorporated ase on the sole bid of manufacturer's list price, terms net ten days, f.o.b. destination, freight no charge, with term of agreement to begin September 1 , 1995, an end September 11 1996, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 13 P-7567 Council Member Woods made a motion, seconded by Council Member Silcox, that consideration of Mayor and Council Communication No. P-7567, Purchase of Agreement with Fort Worth Star- Telegram for the Publication of City Notices and Display Advertisements for the City of Fort Worth, be continued for one week. The motion carried unanimously. C-15013 Spiars & There was presented Mayor and Council DeOtte, Inc. Communication No. C-15013 from the City Manager Ord. # 12159 recommending that the City Council: 1. Authorize the City Manager to transfer $8,215.00 from Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $4,791.00 and to the Sewer Capital Projects Fund in the amount of $3,424.00, and 2. Adopt Appropriations Ordinance No. 12159 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$4,791.00 and the Sewer Capital Projects Fund in the amount of $3,424.00 from increased revenue for the purpose of funding street reconstruction and water and sewer replacements on is o Court (Cork Place to Dead-End) and South Hills Avenue (Biddison to S. University), and r CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 14 3. Authorize the City Manager to execute an engineering services agreement with Spiars & DeOtte, Inc., for a fee not to exceed $32,736.00 to prepare plans, specifications and contract documents for street, water and sanitary sewer facilities for Wicklow Court (Cork Place to dead-end) and South Hills Avenue (Biddison to S. University). It was the consensus of the City Council that the recommendation be adopted. C-15014 Garcia & There was presented Mayor and Council Associates, Inc. Communication No. C-15014 from the City Manager Ord. #12160 recommending that the City Council: 1. Authorize the City Manager to transfer $10,261.00 from Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $8,694.00 and to the Sewer Capital Projects Fund in the amount of $1,567.00; and 2. Adopt Appropriations Ordinance No. 12160 increasing the estimated receipts and appropriations in the Water Capital Projects fund in the amount of$8,694.00 and the Sewer Capital Projects Fund in the amount of $1,567.00 from increased revenue for the purpose of funding street reconstruction an water and sewer replacements on Stuart Drive (Morningside to Berry); and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 15 3. Authorize the City Manager to execute an engineering services agreement with Garcia & Associates, Inc., for a fee not to exceed $36,800.00 to prepare plans, specifications and contract documents for street, water and sanitary sewer facilities for Stuart Drive (Morningside to Berry). It was the consensus of the City Council that the recommendation be adopted. C-15015 J.D. Vickers There was presented Mayor and Council Construction, Inc. Communication No. C-15015 from the City Manager Ord. #12161 recommending that the City Council. 1. Authorize the City Manager to transfer $164,147.35 from Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $92,852.01 and Sewer Capital Projects Fund in the amount of $71,295.34, and 2. Adopt Appropriations Ordinance No. 12161 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $92,852.01 and in the Sewer Capital Projects Fund in the amount of $71,295.34 from increased revenue for the purpose of funding water and sanitary sewer lie replacements in Clover Lane from Interstate Highway 30 to Vickery Boulevard, an 3. Authorize the City Manager to execute, a construction contract with . . Vickers, Construction, Inc., in the amount of $140,647.35 for water and sanitary sewer line replacements in Closer Lane from Interstate CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 16 Highway 30 to Vickery Boulevard. (The requested appropriation includes $11,500.00 for inspection cost and contingency reserves $12,000.00). It was the consensus of the City Council that the recommendation be adopted. C-15016 There was presented Mayor and Council William J. Schultz, Communication No. C-15016 from the City Manager Inc., DBA Circle "C" recommending that the City Council authorize the Construction City Manager to execute a contract with William J. Schultz, Inc., dba Circle "C" Construction, in the amount of $253,624.00 for Water and Sanitary Sewer Relocations for the IH-30 Reconstruction Project, Contract 2A, West Central Increment. It was the consensus of the City Council that the recommendation be adopted. C-15017 There was presented Mayor and Council RJN Group, Inc. Communication No. C-15017 from the City Manager Ord. #12162 recommending that the City Council: 1. Authorize the City Manager to transfer $13,783.00 from Water and Sewer Operating Fund to the Water Capital Projects Fund, and 2. Adopt Appropriations Ordinance No. 12162 increasing the estimated receipts and appropriations i the Water Capital Projects Fund in the amount of $13,783.00 for the purpose of funding street reconstruction and water replacement on Wellesley Avenue (Horne to Bryant Irvin), and 3. Authorize the City Manager to execute an engineering services agreement with ` J Group., Inc., for a fee not to exceed $36,500.00 to prepare plans, specificadons and contract y CITY I C i f N iL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 17 documents for street and water facilities for Wellesley Avenue (Horne to Bryant Irvin). It was the consensus of the City Council that the recommendation be adopted. C-15018 There was presented Mayor and Council A.N.A.Consultants, Communication No. C-15018 from the City Manager L.L.C. Ord. #12163 recommending that the City Council: L Authorize the City Manager to transfer $49,600.00 from Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of$49,600.00, and 2. Adopt Appropriations Ordinance No. 12163 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $49,600.00 from increased revenue for the purpose of funding plans preparation, specifications and contract documents for pavement, water and sanitary sewer facilities for Water Rehabilitation contract "EE", and 3. Authorize the City Manager to execute an engineering services agreement with A. I.A. Consultants L.L.C., for a fee not to exceed $48,000.00 to prepare plans, specifications an contract documents for pavement, water and sanitary sewer facilities for Water Rehabilitation Contract "EE". It was the consensus of the City Council that the recommendation be adopted. 0 0 CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 18 C-15019 Wait There was presented Mayor and Council W i l l i a m s Communication No. C-15019 from the City Manager Construction, Inc. recommending that the City Council. Ord. #12164 1. Adopt Appropriations Ordinance No. 12164 increasing the estimated receipts and appropriations in the Special Assessment and Street Improvements Funds in the amount of $20,140.00 from increased revenue for the purpose of funding reconstruction of Southcrest Drive from James to Townsend, 2. Approve a $20,140.00 fund transfer for the property owners' share of construction costs from the Special Assessments Fund to the Street Improvements Fund, and 3. Authorize the City Manager to execute a contract with Walt Williams Construction, Inc., in the amount of $180,460.00 for the reconstruction of Southcrest Drive from James to Townsend. It was the consensus of the City Council that the recommendation be adopted. 015020 There was presented Mayor and Council r . #12165 o u i do N . C-15020 from the City Manager Tx DOT recommending that the City Council: t. Adopt Appropriations Ordinance No. 12165 increasing the estimated receipts and appropriations in the Special Assessment Fun in the amount of$200,000.00 and in the Street Improvements Fund in the amount of $200,000.00 from increased revenue fort the purpose of funding lnte - :� i Improvements CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 19 on 8th Avenue at Rosedale Strut (Project No. 13- 021210), and 2. Authorize the transfer of$200,000.00 from the Special Assessment Fund to the Street Improvements Fund, and 3. Execute a Congestion Mitigation and Air Quality Improvement Agreement with the Texas Department of Transportation for Intersection Improvements on 8th Avenue at Rosedale Street at an estimated cost of $200,000.00. It was the consensus of the City Council that the recommendation be adopted. C-15021 There was presented Mayor and Council Fort Worth Botanical Communication No. C-15021 from the City Manager Society recommending that the City Council authorize the City Manager to execute a five (5) year agreement that includes a five (5) year option to renew with the Fort Worth Botanical Society for the operation of the Japanese Garden and concession rights for the Botanic Garden. It was the consensus of the City Council that the recommendation be adopted. C-15022 There was presented Mayor and Council A d v a n c e d Communication No. C-15022 from the City Manager Occupational Health recommending that the City Council authorize the Care City Manager to execute the second of tree additional one-year contract extensions with Advanced Occupational Health Care AOHC) for the costs not to exceed $100,000.00 for annual period from October 1 1"5, to September all, 1996. It was the consensus of the Ci , Council that the recommendaflon be adopted., CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 20 C-15023 There was presented Mayor and Council Walt Williams Communication No. C-15023 from the City Manager Construction Co., Inc. recommending that the City Council: Ord. # 12166 1. Adopt Appropriations Ordinance No. 12166 increasing the estimated receipts and appropriations in the Street Improvement Fund in the amount of $12,796.56 and in the Special Assessment Fund in the amount of $12,796.56 from increased revenue for the purpose of funding Street Reconstructions of Ellis Avenue, from 29th to 33rd Street, and 2. Authorize the transfer of$12,796.56 from the Special Assessment Fund to the Street Improvements Fund, and 3. Authorize the City Manager to transfer $95,013.48 from the Street Assessments Project work phase to the Ellis Avenue project work phase in the Grants Fund, and 4. Authorize the City Manager to execute a contract with Walt Williams Construction Co., Inc., in the amount of $316,711.59 for the reconstruction of Ellis Avenue from 29th Street to 33rd Street. It was the consensus of the City Council that the recommendation be adopted. C-15024 There was presented Mayor and Council Change Order N6. 13 Communication No. 015024 from the City Manager Cajun Contractors, recommending that the City Council authorize Inc. Change Order No. 13 in the amount of$408,304.80 to Ciq Sevretar,,,y Contract . i 1 4 with Cajun , Contractors, Inc., for the CNVA " Digester CITY COUNCZG MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 21 Heating and Aeration Upgrade, Phase IViC3, revising the total contract costs to $11,697,640.22. It was the consensus of the City Council that the recommendation be adopted. C-15025 There was presented Mayor and Council Water & Sewer Communication No. C-15025 from the City Manager R e p 1 a c e m e n t recommending that the City Council; Conatser Const., Inc. Ord. #12167 1. Authorize the City Manager to transfer $323.765.20 from Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of$165,331.20 and Sewer Capital Projects Fund in the amount of $158,434.00, and 2. Adopt Appropriations Ordinance No. 12167 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $165,331.20 and the Sewer Capital Projects Fund in the amount of $158,434.00 from increased revenue for the purpose of funding water and sewer replacement in Lucas Drive (Ramey to Maceo), Truman Drive (Cravens to Fle mings) and Hooks Lane (Truman to Vel , and . Authorize t o City Manager er to execute contract with Con tser Construction, Inc., in the amount of $287,775.20 for water and sanitary sewer replacement in Lucas Drive, (fro ey to Mac), Truman iv (fro Cravens to Fle i s) and oo s lane (fro Truman to Vel) It was the consensus of the City Council that the r o e-n a ion be adopted. CITY COUNCIL MEETING FLIRT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 22 Zoning Hearing It appeared to the City Council that Resolution No. 2089 was adopted on August 22, 1995, setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 3411. Mayor Granger asked if there was anyone present desiring to be heard. Z-95-013 & Z-95-431 Council Member Silcox made a motion, seconded by continued Mayor Pro tempore Meadows, that the applications of Rall Ranch for a change in zoning of properties located in the 6400 Block of Bryant Irvin Road and the 6800 Block of Bryant Irvin Road from "E" Commercial and "G" Commercial to "A" One- Family District, Zoning Docket No. Z-95-013, and from "E" Commercial to "A" One-Family, Zoning Docket No. Z-95-031, be continued for 60 days. The motion carried unanimously. Z-95-042 continued Council Member Lane made a motion, seconded by Council Member Silcox, that the application of Star Enterprise for a change in zoning of property located at 1908 Yucca Avenue from "F-R" Restricted Commercial to "PD/SIT" Planned Development/Specific Use for all uses in the "F-R" Restricted Commercial District and gasoline sales and alcohol sales for off premise consumption, Zoning Docket No. 95-042, (See PDSP-95008 for site l be continued until October 10, 1995. The motion carried u i sly. City Secretary Church advised council that there was a letter from Jim Dunaway filed in protest to the application f James B. Johnston for a change in zoning of property located t 8050 Randol Mill Road and advised council that a three-fourths e is required on this application. I CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 23 Jim Dunaway Mr. Jim Dunaway, 1501 Merrimac Circle, appeared Z-94-100 before the City Council and expressed opposition to the proposed change in zoning of property located at 8050 Randol Mill Road and stated that he has owned his property for the past ten years and would like to develop this area as a residence at a later date. H. Dennis Hopkins H. Dennis Hopkins, representing the applicant, 6850 Z-94-100 Manhattan Blvd., Suite 406, appeared before the City Council and requested that the City Council give favorable consideration for a change in zoning of property located at 8050 Randol Mill Road and described the proposed land use. Z-95-100 Council Member Haskin made a motion, seconded by Council Member McCray that the application of James B. Johnston for a change in zoning of property located at 8050 Randol Mill Road from "C-R" Multi-Family to "PD1SU" Planned Development/Specific Use for a cabinet maker ship. Site plan required, Z-95-100 be approved. The motion carried by the following vote: AWES: Mayor Pro tempore Meadows; Council Members Lane, Silcox, Hakin, McCray, Webber, and Barr NOES.- Mayor Granger a nd Council Member Woods ABSENT: None There, being no one else present desining to be heard in connection with recommended, changes amendments to Zing Ordinance No. 3011, Council Member Silcox made a mofjon, s_- o by Council cil 0 >w CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 24 Member Moray, that the hearing be closed and that the following zoning applications and ordinances be approved: Z-95-060 ALBINO MARTINEZ 700 East Long Avenue From "E" Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E' Commercial plus retail tire sales, installation service, auto repair and outside display of tires. Waiver of site plan recommended. Z-95-062 CAMCO DEVELOPMENT, INC 4443 River Oaks Boulevard From "C" Multi-Family to "E" Commercial Z-95-064 TEXT AMENDMENT AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011 , AS AMENDED, CODIFIED AS AP'P'ENDIX A" OF THE CODE FTHE CI F FORT WORTH (1986). AS AMENDED,, AMENDING S C I N 2 "CHANGES A AMENDMENTS11 SUBSECTION 3) i TO REQUIRE THAT WRITTEN NOTICE OF ALL PUBLIC HEARINGS BEFORE THE ZONING COMMISSION BE SEN: TO ONNI-NNER-S F REAL PROPERTY WITHIN 300 FEET OF THE PROPERTY PROPOSED TO BE REZONED; PROVIDING THAT I 1I ANCE SHALL R CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 25 BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM, AND PROVIDING AN EFFECTIVE DATE, Z-95-065 STEPHEN & DENISE MC UNE 4920 Norma Court From "B" Two Family to "B-HC" Two- Family Historic and Cultural Subdistrict Z-95-066 SHIRLEY FAY HILL 3627 Mount Vernon Avenue From "C" Multi-Family to "C-HC" Multi-Family Historic and Cultural Subdistrict Z-95-068 RANDLE C. DANIELS 4628-4632 Collinwood Avenue From "B" Two-Family to "B-HC" Tow- Family/Historic and Cultural Subdistrict - 71 RESMEATC IN I TT 5801, San shell Drive From " " Commercial to "PD/SUS` Planned Development/Specific Use for Residence for I (See P SP9 009 for site plan) CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 26 Z-95-073 CORNERSTONE HOUSING CORPORATION 400-500 St. Lour & Galveston From "G" Commercial to "D" Multi- Family ORDINANCE NO. 12168 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 MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SLUE A ILI TY CLAUS E PROVIDING A PENAL CLAUSE,; PROVIDING FOR PUBLICATION AND NAMING EFFECTIVE DATE. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 27 ORDINANCE NO. 12169 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED, CODIFIED AS APPENDIX. "A" OF THE CODE OF THE CITY OF FORT WORTH (1985), AS AMENDED, BY AMENDING SECTION 25, "CHANGES AND AMENDMENTS", SUBSECTION b (3)(A) TO REQUIRE THAT WRITTEN NOTICE OF ALL PUBLIC HEARINGS BEFORE THE ZONING COMMISSION BE SENT TO OWNERS OF REAL PROPERTY WITHIN 340 FEET OF THE PROPERTY PROPOSED TO BE REZONED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. Z-95-041 Council Member McCray made a motion, seconded by Council Member Haskin, that the application of Texas Industries Inc., for a change in zoning of property located at 9225 Trinity le r from SU Planned e elo ent S i is Use for asphalt and concrete batching plants to P SU Planned Development/Specific Use for asphalt and concrete hatching plants and concrete recycling facility, Zoning et No Z-95-041, be denied with prejudice. The motion carried a i mousl .. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 28 Mr. Jim Austin Mr. Jim Austin, 100 E. Mason, appeared before the Z-95-063 City Council and expressed opposition to the denial of the application of Telasa Clark for a change in zoning of property located at 4137 Crenshaw Avenue from "B" Two-Family to "E-R" Restricted Commercial, Zoning Docket No. Z-95-063 and requested that the City Council set a special hearing. Z-95-063 Council Member McCray made a motion, seconded Set for Special by Council Member Barr that the application of Bearing Telasa Clark for a change in zoning of property located at 4137 Crenshaw Avenue from "B" Two- Family to "E-R" Restricted Commercial, Zoning Docket No. Z-95-063 be set for a special hearing on October 10, 1995. The motion carried unanimously. Darrell Cooper Mr. Darrell Cooper, 3209 Marquita, appeared Z-95-069 before the City Council and requested that the City Council set the application of The Marco Company for a change in zoning of property located at 320$- 3224 Marquita Drive from "A" One-Family to "I" Light Industrial, Zoning Docket No. Z-95-069 for a special hearing on October 10, 1995. Danny Powers Mr. Danny Powers, 3220 Joyce Drive, appeared Z-95-069 before the City Council, presented a list of residence in support of denied and requested that the City Council uphold the recommendation for denial appro-vred y the City Zoning Commission of Zoning Docket No. Z-95-069. 95-069 Council Member Silcox made a motion, seconded by Denied without Council Member Barr that the application of The prejudice Marco Company pang for a change in zoning of property located at 3208-3224 Marquita Drive from "A" One- Family to "I" Light t I . ustrial, Zoning Docket No, 069, be denied without prejudice and requested Do CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 29 waiver of filing fee. The motion carried unanimously. Z-95-072 Council Member Barr made a motion, seconded by Upheld Denial Council Member McCray that the application of Berry Street Shopping Center for a change in zoning of property located at 11314 West Berry Street from "E" Commercial to "F-R" Restricted Commercial, Zoning Docket No. Z-95-072, which application was recommended for denial by the City Zoning Commission, be upheld. The motion carried unanimously. Z-95-421 It appeared to the City Council that on August 15, 1995, they voted to reconsider the Special Hearing from the reconvened meeting on today for the application of J&W Systems, for a change in zoning of property located at 11550 Mosier Valley from "AG" Agricultural to "PD1SU" Planned Development/Specific use for a concrete crushing facility, with site plan required, Zoning Docket No. Z-95-021, to give every interested citizen an opportunity to be heard. Mayor Granger asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Bldg., Z-95-021 appeared before the City Council representing the applicant, J & W Systems, for a change in zoning of property located at 11650 Mosier Vallee from "AG" Agricultural to U Planned Development/Specific use for a concrete crushing facility, with site plan required, Zoning Docket No. Z-95#021, and requested that the City Council give favorable consideration for the cage in zoning. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 30 Victor Holt Mr. Victor Holt, 11467 Mosier Valley Road and Mr. Carl Thomas Carl Thomas, 11302 Mosier Valley Road, appeared before the City Council and requested that the City Council give favorable consideration for the application of J& W Systems, for a change in zoning of property located at 11650 Mosier Valley from "AG" Agricultural to "PDISU" Planned Development/Specific use for a concrete crushing facility, with site plan required, Zoning Docket No. Z-95-021. Z-95-021 Council Member McCray made a motion, seconded Approved by Council Member Woods, that the application of J & W Systems, for a change in zoning of property located at 11650 Mosier Valley from "AG" Agricultural to "PD1SU" Planned Development/Specific use for a concrete crushing facility, with site plan required, Zoning Docket No. Z-95-021, be adopted. The motion carried by the following vote: AYES: Mayor Granger; Mayor Pro tempore Meadows, Council Members Lane, Silcox, McCray, Woods, Webber, and Barr NOES: Council Member .laskin ABSENT: None P 1 14 There was presented Mayor and Council PDSP-95003 Communication No. PZ-11114, dated July 11, 1995, from the City Manager recommending that the City Council consider the adoption of the Site Plan proposed for property, located on Tract 1-4, J. J. Wingfield a e , Abstract No. 1 34, said property being addressed as 11650 Mosier Valley Road. � H CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 31 Mayor Granger asked if there was anyone present desiring to be heard. Ms. Ann Kovich, Director of Development Department, appeared before the City Council and presented a staff report and advised Council that a revised site plan had been presented to Council earlier. There being no one else present desiring to be heard in connection with the public hearing regarding the request for approval of a site plan proposed for property located on Tracts 1-4, J. J. Wingfield Survey, Abstract No. 1634, said property being addressed as 11650 Mosier Valley Road, Council Member McCray made a motion, seconded by Council Member Barr, that the hearing be closed and that Mayor and Council Communication No. PZ-1814 be adopted. The motion carried unanimously. PZ-1827 There was presented Mayor and Council PDSP-95-008 Communication No. PZ-1827, dated August 15, 1995, from the City Manager recommending that the City Council conduct a public hearing and adopt the Site Plan proposed for property located in Bloch 30, Oakhurst Addition, said property being addressed as 1908 Yucca Ave u . Council Member Lane made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. P 1.827 and the public hearing that it carries with it be continued until October 10, 1995. The motion carried unanimously. d CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 32 PZ-1836 There was presented Mayor and Council Z-95-055 Communication No. PZ-1836 from the City Manager Ord. #12170 recommending that the City Council conduct a public hearing and adopt Ordinance No. 12170 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 Maps'. Assistant City Attorney Marcella Olson appeared before the City Council and presented a staff report advising Council of an amendment to be made to Mayor and Council Communication No. PZ-1836 stating that the property description in Section 1 of the Ordinance should be amended by deleting Lot 5A, dock 6, Oillion-Crump Addition from the area being rezoned, with the balance of the description to remain the same. There being no one else present desiring to be heard in connection with the public hearing for Supplemental Zoning Ordinance to Case No. 055 (900 )Block lst Street, 800-900 docks 2nd Street, Block 3rd Street and 800-1200 loc 4th Street, be closed and the ordinance adopted. The motion carried n ni u l . CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1995 PAGE 33 PZ-1837 There was presented Mayor and Council PDSP-95-009 Communication No. PZ-1837 from the City Manager recommending that the City Council conduct a public hearing and adopt the Site Plan proposed for property located on Block 44, Lot 1, Stoneglen at Fossil Creek, 5801 Sandshell Drive (Marriott Residence Inn). Mayor Granger asked if there was anyone present desiring to be heard. Ms. Ann Kovich, Director of Development Department, appeared before the City Council and presented the staff report. There being no one else present desiring to be heard in connection with the public hearing regarding the Site Plan proposed for property located on Block 44, Lot 1, Stoneglen at Fossil Creek, 5801 Sandshell Drive (Marriott Residence Inn), Council Member Haskin made a motion, seconded by Council Member Woods, that the hearing be closed and the site plan adopted. The motion carried unanimously. Benny Tucker Loda Mr. Benny Tucker, 3404 Fite Street; Loda Coffie Coffie, Horace Coffie and Horace Coffie, 7205 Teal Drive, and Reverend and Reverend Lloyd Lloyd Austin, 3324 House Anderson :Road, appeared Austin Z-95-021 before the City Council and expressed opposition to the change in zoning of property, located at 11650 Mosier Valley Road from "A 6" Agricultural to S'U" Planned Development/Specific Use for a concrete crushing facility and also expressed concern relative to the lack of City services including garbage collection, water, and sewer in the Mosier Valley community. BLit Manager Terrell informed the residence that staff was concerned and stated that engineenng n=or had n initiated to look into the provision of water CITY +COUNCIL,MEETING FORT WORTH, TEXAS SEPTEMBER 12, 1945 PAGE 34 and sewer services. He also stated that he would investigate the issue regarding garbage pickup and report back to the Council. Sharon Armstrong Ms. Sharon Armstrong, 4605 Virgil, appeared before the City Council and requested that funding for smaller agencies working with at-risk youth. There being no further business the meeting was adjourned at 11.55 a.m. CITY SECRETARY MAYOR