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HomeMy WebLinkAbout1995/06/13-Minutes-City Council :419 Tuesday, June 6, 1995 Jeanne Strickland, 3227 Bonnie, appeared before the City Council and advised Council that she had received damage to the tires on her automobile and that it had been reported twice to the police . She stated that the matter was not investigated by the Police Department, and she requested some assistance from the City Council . Adjourned There being no further business the meeting was adjourned at 8 : 16 p.m. CITY SECRETARY MAYOR CITY COUNCIL MEETING JUNE 13, 1995 June 13,1995 On the 13th day of June, A.D., 1995, the City Council of the City of Fort Worth, Texas, met in regular session, at 11:08 a.m., with the following members and officers present: i Attendance Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Jim Lane, Chuck Silcox, Becky Haskin, McKinley Jackson, Jewel Woods, Bill Meadows, 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 The Reverend R.L. Rogers, Harvey Avenue Missionary Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Barr, seconded by Council Member Silcox, the 6-6-95 appr. minutes of the regular meeting of June 6, 1995, were approved unanimously. Proclamation A proclamation for Chisholm Trail Roundup Days was presented to Ms. Sheryl Lair, Mr. Bob Patton, Mr. Chris Farkas, and Representative Bill Carter. Basketball Mr. Al Dirnberger introduced Basketball Team (RE Reggio) from Reggio Emilia, Team Italy, and Council Member Barr presented them with pins. Oath of City Secretary Church administered the Oath of Office to Council Member Elect Office Eugene McCray. The Council and audience heard remarks from Council Member Eugene McCray. Council Member McCray made a motion, seconded by Council Member Meadows, that Ms. Virginia Nell Webber be appointed as Mayor Pro tem. Council Member Lane advised Council that he provided the City Secretary with a letter of explanation regarding his proposal for the appointment of Mayor Pro tem and requested that it be made a part of the Council Proceedings File of this meeting. Council Member Lane made a substitute motion, seconded by Council Member Mayor Pro Silcox, that the following Council Members be appointed as Mayor Pro tempore for the tempore following periods of time: I 1. Virginia Nell Webber to serve in June, July, and August 1995. 2. William Meadows to serve in September, October, and November 1995. 3. Jewel Woods to serve from December 1995, and January and February 1996. I 4. Chuck Silcox to serve March, April, and May, 1996. Tuesday, June 13, 1995 5. Becky Haskin, Jim Lane, and Kenneth L. Barr to draw lots to determine who will serve in each of the three following periods: (a) June, July and August 1996. (b) September, October and November 1996. (c) December 1996 and January and February 1997. 6. Eugene McCray to serve in March, April, and May 1997. I The substitute motion carried unanimously. i At this time, Council Member Meadows excused himself from the Council Chamber. Council Member Silcox asked City Attorney Adkins to provide the Council with Direction direction regarding what items could be placed on the City Council agenda by one agenda by i Council Member, and what items would require five signatures of the Council Members items to have an issue placed on the agenda. Rules of Council Member Silcox also asked whether or not the Council should consider Procedure revising or modifying the Rules of Procedure book of the City Council at the retreat. City Attorney Adkins advised Council that one week was sufficient time for him to research this matter. Boom boxes Council Member Barr asked City Manager Terrell the status of the regulations concerning the loud playing of boom boxes and automobile stereos. City Attorney Adkins advised Council that he had spoken with the Police Legal Advisor regarding this issue and would be able to give Council a response this week. G-11123 w/d Mayor Pro tempore Webber requested that Mayor and Council Communication G- consent 11123 be withdrawn from the consent agenda. P-7435 & City Manager Terrell requested that Mayor and Council Communication Nos. P- PZ-1802 w/d 7435 and PZ-1802 be withdrawn from the consent agenda. C-14869 w/d Council Member Barr requested that Mayor and Council Communication No. C- consent 14869 be withdrawn from the consent agenda. P-7435 City Manager Terrell requested that Mayor and Council Communication No. P-7435 w/d be withdrawn from the agenda. Consent On motion of Council Member Silcox, seconded by Council Member Woods, the agenda adopted consent agenda, as amended, was adopted unanimously. Task Force Mayor Granger appointed Council Members Bill Meadows, Kenneth Barr, and Jewel Landscape Ord. Woods to serve on a Task Force to address the Landscape Ordinance. Council Member Silcox excused himself from the Council Chamber at this time. Bond Ord. There was presented the Twenty Sixth Supplemental Regional Airport Concurrent No. 11992 Bond Ordinance No. 11992 authorizing the Issuance of Dallas-Fort Worth Regional authorizing Airport Joint Revenue Refunding Bonds, Series 1995 for the Purpose of Refunding Refunding $146,600,000.00 of Joint Revenue Bonds, Series 1985 Maturing November 1, 1995 through Bonds November 1, 2000, both dates inclusive, November 1, 2005 and November 1, 2015 and $28,715,000.00 of Joint Revenue Refunding Bonds, Series 1992 Maturing November 1, 2002; providing for the Form of Said Bonds; appointing a Paying Agent/Registrar and Providing for the Transfer and Exchange of Such Bonds; awarding the Sale of Such Bonds to the Purchasers Thereof; authorizing the Dallas-Fort Worth International Airport Board to Deliver Said Bonds as herein directed; providing that Such Bonds are on a Parity with the Outstanding Dallas-Fort Worth Regional Airport Joint Revenue Bonds heretofore or hereafter Issued; adopting pertinent provisions of and Supplementing the 1968 Regional Airport Concurrent Bond Ordinance and the Supplemental Regional Airport Concurrent Bond Ordinances which authorized the Issuance of Outstanding Bonds; authorizing and approving Credit Agreements; providing for the Deposit of the Proceeds of the Series 1995 Bonds into Certain Funds and into Special Escrow Funds authorized to be established hereby for the Benefit of Certain of the Said Bonds being Refunded; and directing that Due Observance of the Covenants herein contained by made by the Board; providing for Severability; Ordaining Other Matters incident and relating to the Subject and Purpose hereof; and 475 Tupedav_ Junp 13, 1995 Declaring an Emergency. On motion of Council Member Barr, seconded by Council Member Lane, the recommendation was adopted unanimously. Lane Council Member Lane presented the Mayor with a memento from the City of memento Bandung, Indonesia and advised Council that they might consider providing a more from elaborate gifts from the City of Fort Worth other than the City pins for our Sister Bandung Cities. OCS-723 There was presented Mayor and Council Communication No. OCS-723 from the Claims 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. OCS-724 There was presented Mayor and Council Communication No. OCS-724 from the Res. No. 2068 Office of the City Secretary recommending that Resolution No. 2068 be adopted cancelling cancelling the City Council meeting of July 4, 1995. On motion of Council Member July 4, 1995 Woods, seconded by Council Member Barr, the recommendation was adopted unanimously. Benefit hearing On the 23rd day of May, 1995, the City Council established today as the date assess. paving for the benefit hearing for the assessment paving of Cannon Avenue from May Street Cannon Avenue to St. Louis Avenue, and that notice was given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin had been presented to Council; BH-0140 that Mr. Robert Martin was available for questioning; advised Council that it was adopt Ord. staff's opinion that Cannon Avenue was beyond repair and that the street should be No. 11993 replaced; and called attention of the City Council to Mayor and Council Communication No. BH-0140, which recommended that the City Council adopt Ordinance No. 11993 that: Closed hearing 1. Closed the benefit hearing, and Levied assess. 2. Levied the assessments as proposed, and Acknowledged 3. Acknowledged that in each case the abutting property was abutting prop. specially benefitted in enhanced value in excess of the enhanced amount assessed for the improvement of Cannon Avenue from May Street to St. Louis Avenue. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Cannon Avenue from May Street to St. Louis Avenue, Council Member Baskin made a motion, seconded by Council Member Barr, that the recommendations, as contained in Mayor and Council Communication No. BH-0140, be adopted closing the benefit hearing and levying the proposed assessment. The motion carried unanimously. Benefit Hearing On the 23rd day of May, 1995, the City Council established today as the date assess, paving for the benefit hearing for the assessment paving of N. Riverside Drive from Western N. Riverside Dr. Center Boulevard North to approximately 811 feet and that notice was given in accordance with Article 1105b, Vernon's Annotated Civil Statutes. Mayor Granger asked if there was anyone present desiring to be heard. Mrs. Martha Lunday, representing the Department of Transportation and Public Works, appeared before the City Council and advised the City Council that the independent appraisal performed by Mr. Robert Martin had been presented to Council; BB-0141 that Mr. Robert Martin was available for questioning; advised Council that it was adopt Ord. staff's opinion that N. Riverside Drive was beyond repair and that the street should No. 11994 be replaced; and called attention of the City Council to Mayor and Council Communication No. BH-0141, which recommended that the City Council adopt Ordinance No. 11994 that: Closed hearing 1. Closed the benefit hearing, and Levied assessments 2. Levied the assessments as proposed, and Acknowledged 3. Acknowledged that in each case the abutting property was abutting prop. specially benefitted in enhanced value in excess of the enhanced amount assessed for the improvement of N. Riverside Drive 476 Tuesday, June 13, 1995 from Western Center Boulevard North to Approximately 811 feet. There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of N. Riverside Drive from Western Center Boulevard North to Approximately 811 feet, Council Member Haskin, made a motion, seconded by Council Member Barr, that the recommendations, as contained in Mayor and Council Communication No. BH-0141, be adopted closing the benefit hearing and levying the proposed assessment. The motion carried unanimously. Council Member Silcox assumed his chair at the Council table at this time. G-11115 There was presented Mayor and Council Communication No. G-11115 from the City auth. cont. Manager recommending that the City Council authorize the continuance of existing encroachments encroachments at 904 Houston Street. On motion of Council Member Barr, seconded by at 904 Houston Council Member Woods, the recommendation was adopted unanimously. G-11119 There was presented Mayor and Council Communication No. G-11119 from the City adopt Ord. Manager recommending that the City Council adopt Supplemental Appropriations No. 11995 Ordinance No. 11995 increasing the estimated receipts and appropriations in the Will funding const. Rogers Improvements Fund in the amount of $7,154,782.72 for the purpose of funding new livestock construction of a new livestock facility and arena at the Will Rogers Memorial Center, facility do and authorize the expenditure of $7,154,782.72 for the purpose of constructing the new arena livestock facility and arena at the Will Rogers Memorial Center. It was the consensus of the City Council that the recommendation be adopted. G-11120 There was presented Mayor and Council Communication No. G-11120 from the City adopt Progress Manager recommending that the City Council adopt the Citizen Advisory Committee's Report Water Semi-Annual Progress Report concerning the status of the Water and Wastewater Wastewater Impact Impact Fees. It was the consensus of the City Council that the recommendation be Fees adopted. G-11121 appr. There was presented Mayor and Council Communication No. G-11121 from the City disp. of Manager recommending that the City Council approve the disposal of public records public records in the Fiscal Services Department. It was the consensus of the City Council that the Fiscal Serv. recommendation be adopted. G-11122 There was presented Mayor and Council Communication No. G-11122 from the City authorize Manager recommending that the City Council authorize the City Manager to execute easement the easement granting to Fossil Creek Golf, Inc., the right to provide for the location Fossil Creek and use of golf cart paths, a tunnel, and golf course utilities under a future portion Golf, Inc. of Riverside Drive. It was the consensus of the City Council that the recommendation be adopted. G-11123 There was presented Mayor and Council Communication No. G-11123 from the City adopt Ord. Manager stating that the RAILTRAN Policy Committee recommends that the City Council No. 11996 adopt Ordinance No. 11996, passed concurrently by the City Council of the Cities of granting a Dallas and Fort Worth, granting a license to Metro Access Networks, Inc. to occupy, license Metro maintain and utilize certain subsurface space within the D/FW Railtran Corridor as Access Net- more fully described, for the purpose of installing and maintaining up to six 1/4" works, Inc. Plastic Conduits with Fiber Optic Cable therein; providing for the terms and conditions subsurface of this license; providing for certain compensation to be paid to the D/FW Railtran space System; providing for payment of the publication fee; and providing an effective date for this license and ordinance. Ms. Lisa Pyles, Railtran Manager, appeared before the City Council and advised the Council as to why the lease agreement was for a 40-year term, and stated that it was not an exclusive lease for Metro Access Networks, Inc. Council Member Barr made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-11123 be adopted. The motion carried unanimously. G-11124 There was presented Mayor and Council Communication No. G-11124 from the City authorize Manager recommending that the City Council authorize payment in the total amount of payment $45,000.00, which includes taxable court costs and expenses of suit, to effect settlement settlement of this cause of action payable to Margaret Williams and her attorney Paul Snell. It was the consensus of the City Council that the recommendation be adopted. G-11125 There was presented Mayor and Council Communication No. G-11125 from the City Manager recommending that the City Council: 477 Tuesday, June 13 1995 Authorize grant 1. Authorize the City Manager to submit a grant application to application the Texas State Soil and Water Conservation Board in the Upper West amount of $206,250.00 for federal nonpoint source pollution Fork of the program funds to implement a watershed management strategy Trinity River for the Upper West Fork of the Trinity River, and to accept such grant funds is offered, and Apply and 2. Authorize the City Manager to apply and accept funds in the accept funds amount of $136,500.00 for grant match from Texas Water Development Board and Trinity River Authority, and 3. Authorize the City Manager to approve the use of City in- kind services for an amount not to exceed $74,500.00, and Adopt Suppl. 2. Adopt Supplemental Appropriations Ordinance No. 11997 Approp. Ord. increasing the estimated receipts and appropriations in the No. 11997 Grants Fund in the amount of $417,250.00 for the purpose of funding the Federal Nonpoint Source Pollution Program to Implement A Watershed Management Strategy for the Upper West Fork Trinity River. It was the consensus of the City Council that the recommendation be adopted. G-11126 There was presented Mayor and Council Communication No. G-11126 from the City adopt Ord. Manager recommending that the City Council adopt Ordinance No. 11998 amending No. 11998 Chapter 7, Article VIII of The Code of the City of Fort Worth setting forth certain mending Code procedures dealing with development and activity within areas of the City Prone to Flooding Flooding; protecting lives, property, and the public health, safety, and welfare in such flood-prone areas. It was the consensus of the City Council that the recommendation be adopted. G-11127 There was presented Mayor and Council Communication No. G-11127 from the City Manager recommending that the City Council: Adopt Ord. No. 1. Adopt Appropriations Ordinance No. 11999 increasing the 11999 estimated receipts and appropriations in the Special Gift Fund in the mount of $20,000.00 for the purpose of funding the purchase of Library Materials, and Authorize 2. Authorize a funds transfer in the amount of $20,000.00 from transfer the Special Gift Fund to the General Fund, and Adopt Ord. 3. Adopt Supplemental Appropriations Ordinance No. 12000 No. 12000 increasing the estimated receipts and appropriations in the General Fund in the amount of $20,000.00 for the purpose of funding the purchase of Library Materials, and Authorize 4. Authorize the expenditure of $20,000.00 for the purchase of expenditure library materials from the General Fund. On motion of Council Member Woods, seconded by Council Member Haskin, the recommendation was adopted unanimously. G-11128 There was presented Mayor and Council Communication No. G-11128 from the City Manager recommending that the City Council: Authorize 1. Authorize the City Manager to accept a contribution of accept contr. $50,000.00 from Miller, Inc., and Adopt Ord. 2. Adopt Appropriations Ordinance No. 12001 increasing the No. 12001 estimated receipts and appropriations in the Special Trust Fund in the mount of $50,000.00 for the purpose of accepting a contribution from Miller, Inc. for funding of a Multicultural Program called "Read About Me", and Auth. expend. 3. Authorize the expenditure of these funds from the Special "Read About Me" Trust Fund to offset the costs of the "Read About Me" program. 7:al d 478 Tuesday, June 13, 1995 On motion of Council Member Raskin, seconded by Council Member Woods, the recommendation was adopted unanimously. G-11129 appr. There was presented Mayor and Council Communication No. G-11129 from the City disp. public Manager recommending that the City Council approve the disposal of public records records in the Municipal Court. It was the consensus of the City Council that the Municipal Ct. recommendation be adopted. G-11130 Mayor Granger advised Council that consideration of Mayor and Council cont. after Communication No. G-11130, Recommended Settlement of Nena Miller et al. v. City of exec. session Fort Worth, Cause No. 236-125903-90, should be continued until after executive session. P-7424 There was presented Mayor and Council Communication No. P-7424 from the City auth. purch. Manager recommending that the City Council authorize a purchase agreement to agree. couplings provide couplings, sleeves and parts for the Water Department with The Rohan sleeves & parts Company on the sole bid of unit prices meeting specifications with payment terms net The Rohan Company 30 days, f.o.b. Fort Worth, freight no charge, with term of agreement to begin June 22, 1995, and end June 21, 1996, with two one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-7425 There was presented Mayor and Council Communication No. P-7425 from the City auth. rejection Manager recommending that the City Council authorize the rejection of all bids bids davit arm received for davit arm poles for the Transportation and Public Works Department on poles bid #95-0158 opened April 21, 1995. It was the consensus of the City Council that the recommendation be adopted. P-7426 There was presented Mayor and Council Communication No. P-7426 from the City auth. purch. Manager recommending that the City Council authorize the purchase of Washington Washington light light standards from Dealer's Electric for the Transportation and Public Works standards Dealer's Department, at $912.00 each and the total amount not to exceed $32,832.00, terms net Electric 30 days, f.o.b. shipping point, freight no charge. It was the consensus of the City Council that the recommendation be adopted. P-7427 There was presented Mayor and Council Communication No. P-7427 from the City renewal purch. Manager recommending that the City Council exercise the second renewal option of the agree. sulfur purchase agreement for sulfur dioxide for the Water Department with DPC Industries, dioxide DPC Inc., with agreement to begin August 24, 1995, and end August 23, 1996. It was the Indust. Inc. consensus of the City Council that the recommendation be adopted. P-7428 There was presented Mayor and Council Communication No. P-7428 from the City renewal maint. Manager recommending that the City Council exercise the renewal option for of modems maintenance of modems for the Information System Fund with Data Applications Data Appl. Corp. Corporation, on the low bid per unit prices meeting City specifications, with agreement to begin June 1, 1995, and end May 31, 1996, with the option to renew annually for one (1) year. It was the consensus of the City Council that the recommendation be adopted. P-7429 There was presented Mayor and Council Communication No. P-7429 from the City auth. purch. Manager recommending that the City Council authorize a purchase agreement to agree. parts & provide parts and service for an uninterrupted power supply for the City departments serv. uninter. with Shermco Industries, on the sole bid of unit prices, with term of agreement to power supply begin May 30, 1995, and end May 29, 1996, with the option to renew annually for two Shermco Ind. years. It was the consensus of the City Council that the recommendation be adopted. P-7430 There was presented Mayor and Council Communication No. P-7430 from the City Manager recommending that the City Council authorize: Intergov. 1. An Intergovernmental Agreement for the sale of liquid Agree. liquid propane gas with the Tarrant County Water Control District propane gas by the City Services Department based on the same prices, TCWCD terms and conditions of the original agreement as stated on bid #94-0424, M&C P-7177, City Secretary Contract #20825, and Auth. addit. 2. Authorize the City Manager to enter into additional agree. agreements with other governmental entities as requested based on the same prices, terms and conditions of the original agreement. It was the consensus of the City Council that the recommendation be adopted. 479 Tuesday, June 13, 1995 There was presented Mayor and Council Communication No. P-7431 from the City P-7431 Manager recommending that the City Council authorize a purchase agreement, auth. purch. contingent upon execution of a contract with Texas Department of Commerce, for eye agree. cont. examinations, corrective lenses, and frames for the Employment and Training contract TDC Department from various vendors at the maximum unit costs, with term of agreement examinations, to begin July 1, 1995, and end June 30, 1996. It was the consensus of the City corrective lenses Council that the recommendation be adopted. and frames There was presented Mayor and Council Communication No. P-7432 from the City P-7432 Manager recommending that the City Council authorize a purchase agreement to auth. purch. provide parts and service for the SCADA UPS System for the Water Department with agree. parts EPE Technologies Incorporated, on the sole bid of unit prices, with term of agreement & service EPE to begin May 30, 1995, and end May 29, 1996, with the option to renew annually for Techn. Inc. two years. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-7433 from the City P-7433 Manager recommending that the City Council confirm payment for the interim lease confirm paymt. agreement for vehicles for the Police Department with Capps Rent A Car in the amount interim lease not to exceed $18,510.00, and authorize lease agreement for vehicles for the Police agree. vehicles Department with Capps Rent A Car based on low bid of unit prices with a $.20 per Capps Rent A mile charge for over 2,500 miles and includes insurance charge, f.o.b. destination, Car freight no charge, with term of agreement to begin June 11, 1995, and end June 10, 1996, with one option to renew for one year. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-7434 from the City P-7434 Manager recommending that the City Council authorize: auth. 1. A non-exclusive purchase agreement for rental of Non-Excl. construction equipment for the City of Fort Worth with purch. agree. multiple vendors based on low bid of the following unit const. equip. prices and availability of equipment, and multiple vendors A. Purchase agreement with Hertz Equipment Rental, Purchase agree. terms of net 30 days, f.o.b. destination, freight Hertz Equip. prepaid and added to invoice. Rental B. Purchase agreement with Darr Equipment Rental, Purchase Darr terms of net 30 days, f.o.b. Arlington, TX, Equipment freight prepaid and added to invoice. Rental C. Purchase agreement with A-1 Rental, terms of Purchase agree. net 30 days, f.o.b. destination, freight prepaid A-1 Rental and added to invoice. Purch. agree. D. Purchase agreement with Prime Equipment, terms Prime Equip. due upon invoice, f.o.b. destination, freight no charge. Purch. agree. E. Purchase agreement with U.S. Rental, terms of with U.S. net 30 days, f.o.b. destination, freight prepaid Rental and added to invoice, 2. This agreement to begin June 23, 1995, and end June 22, 1996, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. P-7435 w/d It was the consensus of the City Council that Mayor and Council Communication Hendershot No. P-7435, Purchase Agreement for OEM Case Tractor Parts and Engines with Equipment Hendershot Equipment Company Incorporated for the City Services Department, be Company withdrawn from the agenda. P-7436 There was presented Mayor and Council Communication No. P-7436 from the City amend M&C Manager recommending that the City Council amend M&C P-7075 for lamps and ballasts P-7075 lamps with multiple vendors for the City of Fort Worth for an estimated additional ballasts $200,000.00. It was the consensus of the City Council that the recommendation be mult. vendors adopted. P-7437 There was presented Mayor and Council Communication No. P-7437 from the City Manager recommending that the City Council: N �. 480 Tuesday, June 13, 1995 Adopt Approp. 1. Adopt Supplemental Appropriations Ordinance No. 12002 Ord. No. 12002 appropriating $215,000.00 to the General Fund, and decreasing sole source the unreserved, undesignated General Fund balance by the purch. re/fbsh. same amount for the purpose of providing the sole source three Fire trucks purchase of refurbishment of three Fire Trucks from Sutphen Sutphen Corp. Corporation for the City Services Department, and Auth. sole source 2. Authorize the sole source purchase of refurbishment to three purch. re/fbsh. fire trucks from Sutphen Corporation for an amount not to three fire trucks exceed $215,000.00, including a seven percent contingency Sutphen Corp. charge and transport to and from the factory. On motion of Council Member Barr, seconded by Council Member Lane, the recommendation was adopted unanimously. L-11574 There was presented Mayor and Council Communication No. L-11574 from the City authorize Manager recommending that the City Council authorize the dismissal of three dismissal three condemnation proceedings for properties located in Abstract 1426, Lot 2 (Parcel condemnation M050119) and Abstract 1426,. Swing & Laws Survey for D/FW International Airport proceedings Mitigation Program, and declare the taking of interest in these certain properties for D/FW public purposes is not necessary. It was the consensus of the City Council that the recommendation be adopted. L-11575 There was presented Mayor and Council Communication No. L-11575 from the City auth. acqu. Manager recommending that the City Council authorize the acquisition of property of prop. High- located at 400 Snowbird Drive, Irving, Texas, more fully described as being Lot 4, lands Addition Block A, Highlands Addition; find that $148,700.00 is just compensation for the D/FW property acquired from John C. Collins, III and wife, Rebecca F. Collins, required for D/FW International Airport Mitigation program; and authorize the acceptance and recording of the appropriate deed. It was the consensus of the City Council that the recommendation be adopted. L-11576 There was presented Mayor and Council Communication No. L-11576 from the City auth. settlement Manager recommending that the City Council authorize a settlement in lieu of acquisition of condemnation for the acquisition of residential property located at 5501 Branchford residential prop. Drive, in Irving, Texas, more fully described as being Lot 14, Block G, Harrington Harrington Heights Heights Addition; find that the revised amount of $130,000.00 is just compensation for Addition expansion property acquired from Gautham Ramohalli, required for the expansion of D/FW Airport; D/FW and authorize the acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-11577 There was presented Mayor and Council Communication No. L-11577 from the City authorize acqu. Manager recommending that the City Council authorize the fee simple acquisition of of thirty-five thirty-five properties in Irving, Texas, more fully described on the Exhibit of this properties Mayor and Council Communication; find that the purchase prices offered by the Airport Irving, Texas or, in the case of condemnations, the prices awarded by the court are just compensation; declare the necessity of taking an interest in certain properties for public purposes; authorize the institution of condemnation proceedings to be handled by the City of Dallas, if necessary, to acquire interest in the needed properties, and authorize the acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-11578 There was presented Mayor and Council Communication No. L-11578 from the City authorize Manager recommending that the City Council authorize the City Manager to enter into lease agreement a lease agreement with Jarrel and Tracey Wood at 550 Harmon Road, at a monthly Jarrell do Tracey rental rate of $1,327.00 per month. It was the consensus of the City Council that the Wood recommendation be adopted. L-11579 There was presented Mayor and Council Communication No. L-11579 from the City authorize Manager recommending that the City Council authorize the City Manager to enter into lease agree. a lease agreement with Walter and Elaine Thomas, at a monthly rental rate of $1,000.00 Walter do FJaine per month. It was the consensus of the City Council that the recommendation be Thomas adopted. L-11580 There was presented Mayor and Council Communication No. L-11580 from the City authorize a Manager recommending that the City Council authorize the City Manager to enter into lease agree. a lease agreement with I.J. and Bonnie Frazier at Route 1, Box 36A, at a monthly rental I.J. do Bonnie rate of $850.00 per month. It was the consensus of the City Council that the Frazier recommendation be adopted. 481 Tuesday, June 13, 1995 L-11581 There was presented Mayor and Council Communication No. L-11581 from the City appr. acqu. Manager recommending that the City Council approve the acquisition of permanent Perm. sanit. sanitary sewer easements; find that $1.00 is just compensation for each easement sewer easements acquired from various grantors, required for the rehabilitation of sewer mains/laterals rehabilit. in conjunction with Contract 201); and authorize the acceptance and recording of the of sewer mains/ appropriate documentation for the easements. It was the consensus of the City laterals Council that the recommendation be adopted. L-11582 There was presented Mayor and Council Communication No. L-11582 from the City apPr• acqu. Manager recommending that the City Council approve the acquisition of permanent ed perm sanit. sanitary sewer easements more fully described as being Lot 6, Block 16, and portion sewer easements of Lots 11 and 12, Block 15, Glenwood Addition; find that $1.00 is just compensation Glenwood Add. for each easement acquired from Community Christian Church and J.W. Woodard, rehabilit. of required for the rehabilitation of sewer mains/laterals in conjunction with Contract 21; sewer mains/ and authorize the acceptance and recording of the appropriate documentation for the laterals easements. It was the consensus of the City Council that the recommendation be adopted. C-14867 auth. There was presented Mayor and Council Communication No. C-14867 from the City amend. Cont. Manager recommending that the City Council authorize the City Manager to execute an No. CS20379 amendment to City Secretary Contract No. CS20379 with Backflow Management Inc. Backflow Mgmt. (BMI), to provide continued technical and professional assistance in the implementation Inc. BMI tech. of a revised cross connection program, for a total amount not to exceed $75,000.00. do Prot. asst. It was the consensus of the City Council that the recommendation be adopted. C-14868 There was presented Mayor and Council Communication No. C-14868 from the City auth. amend. Manager recommending that the City Council authorize the City Manager to execute an JTPA coat. amendment to the Job Training Partnership Act Title IV contract with the U.S. U.S. Dept, of Department of Labor to: a increase the contract b $1 P ( ) Y ,000,000.00 to a new total Labor to contract amount of $4,068,715.00 effective July 1, 1995, and (b) extend the ending date of the contract to June 30, 1997, and apply indirect costs in accordance with the City's Administrative Regulation 3-15 at the rate approved for the Employment and Training Department of 10.02 percent, not to exceed additional amount of $51,728.00. It was the consensus of the City Council that the recommendation be adopted. C-14869 There was presented Mayor and Council Communication No. C-14869 from the City auth. lease Manager recommending that the City Council authorize the City Manager to execute a agree. 729 lease agreement for approximately 450 square feet of office space located at 729 Samuels Avenue Samuels Avenue to be used as a police storefront. Council Member Barr advised Council that the Samuels Avenue Baptist Church had agreed to leasing the space at 729 Samuels Avenue for the purpose of development of a Police storefront. He also expressed appreciation to the Citizens on Patrol for their efforts in securing this location and announced that they would have a opening ceremony on Saturday, June 17, 1995, at 10:00 a.m. at 729 Samuels Avenue. Council Member Barr made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-14869, be adopted. The motion carried unanimously. C-14870 There was presented Mayor and Council Communication No. C-14870 from the City auth. coast. Manager recommending that the City Council authorize the City Manager to execute a coat. Hall- construction contract with Ball-Albert-Construction, Co., in the amount of $279,914.80 Albert Coast. for sewer 'construction in Burlington Northern RR ROW, Biddison Street and College Co. sewer Street allowing ninety (90) working days. It was the consensus of the City Council construction that the recommendation be adopted. C-14871 There was presented Mayor and Council Communication No. C-14871 from the City auth. Change Manager recommending that the ,City Council authorize Change Order No. I to City Order No. 1 Secretary Contract No. 20833 with Ed A. Wilson, Inc., in the amount of $22,450.00 for No. 20833 Ed A. an asphaltic overlay on Crenshaw Avenue between Pate Drive and Edgewood Terrace, Wilson, Inc. revising the total contract cost to $630,520.82. It was the consensus of the City Asphaltic overlay Council that the recommendation 'be adopted. C-14872 There was presented Mayor and Council Communication No. C-14872 from the City Manager recommending that the City Council: i ti 482 Retain law firm 1. Retain David Keltner and the law firm of Haynes and Boone Haynes & Boone as outside legal counsel, pursuant to Section 3, Chapter VI outside legal of the City Charter, to assist the City Attorney in counsel representing the City in the case of City of Fort Worth v. John Michael Schleuter, Fantasy Sports Inc. et al., and Adopt Res. 2. Adopt Resolution No. 2069 fixing in advance, as far as No. 2069 practicable, the sum to be paid David Keltner and the firm of Haynes and Boone, for their services in this matter, an amount not to exceed $10,000.00. It was the consensus of the City Council that the recommendation be adopted. It appeared to the City Council that on April 11, 1995, the City Council continued the application of Rall Ranch Co. Tenancy, for a change in zoning of property located in the 6400 Block of Bryant Irvin Road from "E" Commercial and "G' Commercial to "A" One-Family District, Zoning Docket No. Z-95-013 to give every interested citizen an opportunity to be heard. Mayor Granger asked if there was anyone present desiring to be heard. Council Member Haskin made a motion, seconded by Council Member Silcox, that the application of Rall Ranch Co. Tenancy for a change in zoning of property located Z-95-013 be in the 6400 Block of Bryant Irvin Road form "E" Commercial and "G" Commercial to "A" continued One-Family District, Zoning Docket No. Z-95-013 be continued until July 11, 1995. The July 11, 1995 motion carried unanimously. Resolution It appeared to the City Council that Resolution No.. 2063 was adopted on May 23, No. 2063 1995, setting today as the date for the hearing in connection with recommended date for the changes and amendments to Zoning Ordinance No. 3011, and that notice of the hearing hearing had been given by publication in the Fort Worth Star-Telegram, the official newspaper Zoning of the City of Fort Worth on May 29, 1995. Mayor Granger asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011, Council Member Barr made a motion, seconded by Council Member Haskin, that the hearing be closed and that the following applications and ordinance be approved: Z-95-028 DR. ELHADI KAREEM 2244 Jacksboro Highway From "E" Commercial to "F-R" Restricted Commercial Z-95-030 CURTIS TERRY 1201-1203 Clarence Street From "PD 165" (PDSU for all uses in "F-R" plus display of recreational vehicles) to "PDSU" Planned Development/Specific Use for all uses in "F-R" Restricted Commercial plus outside display of storage building, spas, concrete statuary, and playground equipment. Waiver of site plan recommended. Z-95-032 U.S. HOME CORPORATION 4699-4731 Block of Prewett Road From "B" Two-Family and "C" Multi- Family to "A" One-Family Z-95-034 MR. & MRS. B.J. BYRD 3301 San Jacinto Drive From PD-37 ("PD/SU" Planned Development Specific Use for contractor's storage yard) to "F-R" Restricted Commercial 483 TUPsdav, Jung 12, Imla Ord. No. 12003 ORDINANCE NO. 12003 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 SMOKING 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 ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Z-95-031 Council, Member Barr made a motion, seconded by Council Member Baskin, that continued the application of Rall Ranch for a change in zoning of property located in the 6800 July 11, 1995 Block of Bryant Irvin Road from "E" Commercial and "A" One-Family, Zoning Docket No. Z-95-031 be continued until July 11, 1995. The motion carried unanimously. Mr. Jim Schell, 901 Fort Worth Club Building, appeared before the City Council in support of the subject request from "E" Commercial and "I" Light Industrial to "I" Light Industrial and stated that he was opposed to the City Zoning Commissions recommendation for the property to be zoned "F-R" Restricted Commercial. z-95-033 Council Member Silcox made a motion, seconded by Council Barr, that the special hearing application of Alta Mere Joint Venture for a change in zoning of property located at regularly 3000-3032 Alta Mere from "E" Commercial and "I" Light Industrial to "F-R" Restricted scheduled Commercial, Zoning Docket No. Z-95-033, be set for a special hearing at the next zoned hearing regularly scheduled zoning hearing before the City Council. The motion carried unanimously. PZ-1802 There was presented Mayor and Council Communication No. PZ-1802 from the City public hearing Manager recommending that the City Council conduct a public hearing on today Site Plan regarding the request for the approval of the Site Plan proposed for property located Brooklyn Heights on Lot 1R-1, Block 16R, Brooklyn Heights Addition. Mayor Granger asked if there was Addition anyone present desiring to be heard. Ms. Ann Kovich, representing the Development Department, appeared before the City Council and presented a staff report and advised Council that it was staff's recommendation for the approval of the proposed site plan. There being no one else present desiring to be heard, Council Member Lane PZ-1802 made a motion, seconded by Council Member Woods, that the public hearing be closed adopted and the recommendation, as contained in Mayor and Council Communication No PZ-1802, be adopted. The motion carried unanimously. Citiz. Pres. Mr. Arthur Van Damme, 6112 Malvey Avenue, appeared before the City Council Arthur Van and advised Council of the continued harassment that he endures from the Ridglea Daauae Baptist Church, and stated that the church was now in the process of constructing appeared a baseball diamond and requested assistance from the Council. Mayor Granger referred Mr. Van Damme to Ms. Ann Kovich of the Development Department regarding this matter. Ms. Ann Kovich, Director of the Development Department, appeared before the City Council and advised Council that she had spoken with Mr. Van Damme and advised him that the Code Enforcement Department had been in contact with the church and that they had requested a variance with regards to the three buildings which would be heard at the July 5th meeting. 484 Tnrsday, Jung 13, 1QQ5 Council Member Silcox suggested to Mr. Van Damme that he had any other concerned citizens be present at the meeting and make their concerns known to the Board of Adjustment. Closed It was the consensus of the City Council that the City Council meet in a closed Session session at 12:14 p.m. for the following purposes: 1. To seek the advice of its attorneys concerning the following pending litigation: (a) Nena Miller et al. v. City of Fort Worth, Cause No. 236-125903-90, (b) City of Fort Worth v. John Michael Schleuter, and Fantasy Sports, Inc. et al., Cause No. 96- 158842-95; as authorized by Section 551.071 of the Texas Government Code. 2. To discuss the lease or purchase of real property as authorized by Section .551.072 of the Texas Government Code. The public discussion of this matter would have a detrimental effect on the position of the City in negotiations with a third party. The City Council reconvened into regular session at 12:37 p.m. G-11130 There was presented Mayor and Council Communication No. G-11130 from the City Manager recommending that the City Council: Appr. settlement 1. Approve the settlement of the lawsuit filed by Nena Miller as lawsuit Personal Representative of the Estate of William Miller, Jr., Deceased, and as Next Friend of Lindsay Y. Miller and Kristen Miller, and Auth. sum 2. Authorize the City Manager to expend the sum of $250,000.00 $250,000.00 for the agreed settlement. On motion of Council Member Lane, seconded by Council Member Woods, the recommendation was adopted unanimously. Becky Baskin Mayor Granger advised Council that Council Member Becky Baskin would also Landscape Ord. serve on the Landscape Ordinance Task Force. Adjourned There being no further business the meeting was adjourned at 12:40 p.m. CITY SECRETARY MAYOR ..a