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HomeMy WebLinkAbout1994/09/27-Minutes-City Council 141 CITY COUNCIL MEETING SEPTEMBER 27 , 1994 27th September, On the 27th day of September, A.D. , 1994 , the City Council of 1994 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 Virginia Nell Webber; Council Members Jim Lane, Chuck Silcox, Becky Baskin, McKinley Jackson, Jewel Woods, Bill Meadows , and Kenneth Barr; City Manager Bob Terrell ; Deputy City Attorney Bill Wood; City Secretary Alice Church. With more than a quorum present , the following business was transacted: Invocation The invocation was given by The Reverend McKinley Jackson, Samaria Baptist Church. Pledge The Pledge of Allegiance was recited. Sept . 20 , 1994 On motion of Council Member Haskin, seconded by Council Member minutes Woods , the minutes of the regular meeting of September 20 , 1994, were approved approved unanimously. Proclamation A proclamation for American Heart Walk Day was presented to Ms . Lillie Biggins , Vice Chair Person of the American Heart Association. L-11453 w/drawn Council Member Barr reguested that Mayor and Council consent Communication No. L-11453 be withdrawn from the consent agenda. P-7087 w drawn Council Member Silcox requested that Mayor and Council consent Communication No. P-7087 be withdrawn from the consent agenda. G-10824 City Manager Terrell requested that Mayor and Council continued Communication No. G-10824 be continued for one week . Consent agenda On motion of Council Member Silcox, seconded by Council Member approved Woods, the consent agenda, as amended, was approved unanimously. Appointments Council Member Woods made a motion, seconded by Council Member Frank Giles Meadows, that Mr. Frank Giles be appointed to Place 6 on the Place 6 to Community Development Council , with a term of office expiring October CDC 1 , 1996. The motion carried unanimously. Reby Cary Mayor Granger advised Council that the Fort Worth Metropolitan Seat 2 to Black Chamber of Commerce had requested that Mr. Reby Cary be PIC appointed to Seat 2 on the Private Industry Council . On motion of Council Member Haskin, seconded by Council Member Jackson, the appointment of Mr. Reby Cary to the Private Industry Council was approved unanimously. Res. No. 2013 There was presented Resolution No. 2013 authorizing Application EDA to the Economic Development Administration for Funding Under Title Asst. Program IX, Special Economic Development and Adjustment Assistance Program -- Sudden and Severe Economic Dislocations . On motion of Council Member Woods, seconded by Council Member Barr, the resolution was adopted unanimously. OCS-654 There was presented Mayor and Council Communication No. OCS-654 claims from the Office of the City Secretary recommending that the notices of claims regarding alleged damages and/or injuries be referred to the Risk Management Department . It was the consensus of the City Council that the recommendation be adopted. Benefit On the 23rd day of August , 1994, the City Council established Hearing today as the date for the benefit hearing for the assessment paving Assessment of Dickson Street from Hemphill Street to 6th Avenue and that notice Paving was given in accordance with Article 1105b, Vernon's Annotated Civil Statutes . Mayor Granger asked if there was anyone present desiring to be heard. 142 Tuesday, September 27 , 1994 Mrs . Martha Lunday, representating 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 the City Council ; that Mr. Robert Martin was available for questioning; advised Council that it was staff 's opinion that Dickson Street was beyond repair and that the street should be replaced; and called attention of the City BH-0132 Council to Mayor and Council Communication No. BH-0132 , which recommended that the City Council adopt Ordinance No . 11686 that : Closed hearing 1 . Closed the benefit hearing, and Levied assess. 2 . Levied the assessments as proposed, and 3 . Acknowledged that in each case the abutting property was specially benefitted in enhanced value in excess of the amount assessed for the improvement of Dickson Street from Hemphill Street to 6th Avenue. Ms . Barbara Bransom, 145 Berkshire Lane, which property was adjacent to Dickson Street from Hemphill Street to Six Avenue assessment paving project, appeared before the City Council and expressed opposition to the assessment cost , advising Council that she was unable to pay this amount. Council Member Meadows requested that Ms . Lunday inform Ms . Bransom of the various options with regard to a payment plan for the assessment . There being no one else present desiring to be heard in connection with the benefit hearing for the assessment paving of Dickson Street from Hemphill Street to 6th Avenue, Council Member Barr made a motion, seconded by Council Member Woods , that the recommendations, as contained in Mayor and Council Communication No. Adopted BH-0132 , be adopted closing the benefit hearing and levying the assessment . The motion carried unanimously. G-10786 There was presented Mayor and Council Communication No . G-10786 , Adopt Ord. dated August 30 , 1994, from the City Manager recommending that the No. 11687 City Council adopt Ordinance No. 11687 adopting the street name street name changes of a portion of "Wingate Street" to "St . Juliet Street", changes extending from the west right-of-way of University Drive to Coventry Place and, "Coventry Place" to "St . Donovan Street" from Bailey Avenue to White Settlement Road. Council Member Barr made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. G-10786 be approved, as amended, by deleting "Sondra Drive" from the street name change. Mr. Mark C. Roberts II , 3605 Rogers , appeared before the City Council representing Shadow Developers , L.P. and advised Council why the company initiated the street name changes and requested that the City Council give favorable consideration. The motion to approve Mayor and Council Communication No. G- approved 10786 with the deletion of "Sondra Drive" was approved unanimously. G-10814 There was presented Mayor and Council Communication No . G-10814 authorize from the City Manager recommending that the City Council authorize reappoint the City Manager to reappoint Mr. Robert Madeja to Place 2 , Mr . Don Fire Prevention Chastain to Place 6 and appoint Mr. Daniel F. Dacy, Jr. , to Place 8 Board Appeals on the Construction and Fire Prevention Board of Appeals , all with a term of office to expire October 1 , 1996. On motion of Council Member Meadows, seconded by Council Member Barr, the recommendation was adopted unanimously. 143 Tuesday, September 27 , 1994 i G-10823 There was presented Mayor and Council Communication No. G-10823 authorize from the City Manager recommending that the City Council authorize grant the City Manager to submit a grant application to the Department of application Labor (DOL) in the estimated amount of $1 ,500 ,000 .00 for the Workers DOL Entering Business (WEB) project , and accept the grant if awarded. On motion of Council Member Barr, seconded by Council Member Lane, the recommendation was adopted unanimously. G-10824 It was the consensus of the City Council that Mayor and Council cont. one Communication No. G-10824, Amendment of Zoning Ordinance to Repeal week 500 Foot Distance Regulations for Bars in "F" and "G" Districts , be continued for one week. G-10825 There was presented Mayor and Council Communication No. G-10825 authorize from the City Manager recommending that the City Council authorize grant the City Manager to apply for a grant in the amount of $500 .00 to the bilingual Ezra Jacks Keats Foundation for a bilingual program in children' s program services at the Diamond Hill/Jarvis Branch Library; accept additional Library funds for this grant if funds become available; and if granted, authorize the expenditure of these funds to pay the expenses of the project . on motion of Council Member Lane, seconded by Council Member Meadows, the recommendation was adopted unanimously. G-10826 There was presented Mayor and Council Communication No. G-10826 authorize from the City Manager recommending that the City Council authorize donations the City Manager to accept $774. 50 in donations from various donors for the "Toys for Tots" (Cowboy Santa) project; adopt Appropriations Ordinance No. 11688 increasing the estimated receipts and appropriations in the Special Trust Fund in the amount of $774. 50 for the purpose of accepting donations for "Toys for Tots" (Cowboy Santa) ; and approve the expenditure of the above $774 .50 in the Special Trust Fund, "Toys for Tots" (Cowboy Santa) project . On motion of Council Member Jackson, seconded by Council Member Lane, the recommendation was adopted unanimously. G-10827 There was presented Mayor and Council Communication No. G-10827 accept from the City Manager recommending that the City Council accept the donation donation of $150.00 from John Tesh Productions to the Fire Department Fire Safety Education program. On motion of Council Member Lane, seconded by Council Member Woods, the recommendation was adopted unanimously. P-7084 There was presented Mayor and Council Communication No. P-7084 renew purchase from the City Manager recommending that the City Council exercise the agree. Chassis option to renew the purchase agreement for OEM Sutphen Chassis and ladder fire ladder fire truck parts for the City Services Department with Sutphen truck parts Corporation based on low bid of manufacturer's list prices , terms net Sutphen Corp. 30 days, f .o.b. Amlin Ohio, freight prepaid and added to invoice, with term of agreement to begin November 16, 1994, and end November 15 , 1995 . It was the consensus of the City Council that the recommendation be adopted. P-7085 There was presented Mayor and Council Communication No. P-7085 renew from the City Manager recommending that the City Council exercise the purchase option to renew the purchase agreement for OEM Ferguson roller parts agree. roller for the City Services Department with Ferguson Manufacturing & parts Ferguson Equipment Company based on low bid of manufacturer's list price, Manuf. & Equip. terms net 30 days, f . o.b. vendor's dock, freight prepaid and added to Company invoice, with term of agreement to begin November 16 , 1994 , and end November 15, 1995 , with one option to renew for one year. It was the consensus of the City Council that the recommendation be adopted. P-7086 There was presented Mayor and Council Communication No. P-7086 renewal option from the City Manager recommending that the City Council exercise the audio-visuals first renewal option of the purchase agreement to furnish audio- with visuals with cataloging and processing to the Fort Worth Public cataloging Library with Professional Media Service Corporation on its bid of Professional unit prices and discounts , with term of agreement to begin November Media Service 1 , 1994, and end October 31 , 1995, with one renewal option remaining. Company It was the consensus of the City Council that the recommendation be adopted. 144 Tuesday, September 27 , 1994 P-7087 There was presented Mayor and Council Communication No . P-7087 authorize from the City Manager recommending that the City Council authorize purchase the purchase of a Total Organic Carbon Analyzer for the Water Carbon Analyzer Department from Shimadzu Scientific Instruments , Inc . , on its bid, Shimadzu meeting City specifications, of $24,742 . 37 , plus shipping charges of Scientific $92 . 37 , for a total amount not to exceed $24,834.74 net , f . o.b. Fort Instruments , Worth. Council Member Silcox made a motion, seconded by Council Inc. Member Barr, that Mayor and Council Communication No. P-7087 be continued for one week. The motion carried unanimously . P-7088 There was presented Mayor and Council Communication No. P-7088 auth. agree. from the City Manager recommending that the City Council authorize a serv. tap purchase agreement for service tap saddles for the Water Department saddles Ind. with Industrial International , Inc. ; Ferguson/Universal Inc. ; Atlas Intern. , Inc. ; Utility Supply Company; and The Rohan Company, with term of Ferg./Univ. Inc. agreements to begin September 21 , 1994, and end September 20 , 1995 , Atlas Supply Co. with an option to renew for two additional years . It was the The Rohan Co. consensus of the City Council that the recommendation be adopted. L-11450 There was presented Mayor and Council Communication No. L-11450 approve from the City Manager recommending that the City Council approve the conveyance conveyance of a portion of Shamrock Avenue situated in Lot 1-A-R, portion Block 12 , Bailey Industrial Addition to Blake D. Hamman, Trustee for Shamrock the Kate O. Hamman Trust ; find that $1 .00 is just compensation to the Avenue City for this conveyance; and authorize the City Manager to execute the appropriate conveyance instrument . It was the consensus of the City Council that the recommendation be adopted. L-11451 There was presented Mayor and Council Communication No. L-11451 approve from the City Manager recommending that the City Council approve the acquisition acquisition of a wastewater pipeline crossing at 2300 Yates Street , wastewater more fully described as being located at Mile Post 340 + 1615; find pipeline that a one-time fee of $750 .00 is just compensation for the property crossinq acquired from the Atchison, Topeka and Santa Fe Railway Company; and authorize the City Manager to execute the appropriate instrument . It was the consensus of the City Council that the recommendation be adopted. L-11452 There was presented Mayor and Council Communication No. L-11452 from the City Manager recommending that the City Council : approve 1 . Approve the acquisition of fee simple title to a parcel of acquisition land consisting of 501 square feet , more or less , from Ella simple title Korenek; and Authorize 2 . Authorize the acceptance and recording of the appropriate acceptance deed to the Korenek property, after review and approval by recording deed City Attorney; and Authorize 3. Authorize the City Manager to execute a deed conveying fee deed simple title to"a parcel of land consisting of 3,020 square feet , more or less, to Ella Korenek in exchange for the above referenced property. Adopted It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. L-11453 from the City Manager recommending that the City Council : 1 . Adopt a proposed ordinance increasing the estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of $68,000 .00 for the purpose of funding the purchase of a . 251 acre portion of Lot 3AIA, Block 1 , River Plaza Complex Addition, and Lot 3A1 , Block 1 , River Plaza Complex Addition, and 2 . Approve the transfer of $68,000 .00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund, and 145 Tuesday, September 27 , 1994 3. Adopt a proposed ordinance increasing the estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $68 ,000 .00 for the purpose of funding the purchase of a . 251 acre portion of Lot 3A1A, Block 1 , River Plaza Complex Addition, and Lot 3A1 , Block 1 , River Plaza Complex Addition, and 4. Approve the acquisition of . 251 acre portion of Lot 3A1A, Block 1 , River Plaza Complex Addition and all of Lot 3A1 , Block 1 , River Plaza Complex Addition, which is 1 . 73 acres in size from River Plaza North, Limited, and 5 . Find that a sum not to exceed $68 ,000 .00 will be used to satisfy all past due taxes and applicable closing costs, and 6. Authorize the City Manager to execute the necessary contracts with the landowners and adjacent landowners to effectuate the acquisition of the property, after review and approval by the City Attorney, and 7 . Authorize the acceptance and recording of the appropriate deeds , after review and approval by the City Attorney L-11453 Council Member Barr made a motion, seconded by Council Member continued Meadows , that Mayor and Council Communication No. L-11453 be two weeks continued for two weeks. The motion carried unanimously. (See subsequent action taken to reconsider this Mayor and Council Communication continuing it for one week only. ) PZ-1762 There was presented Mayor and Council Communication No. PZ-1762 Adopt Ord. from the City Manager recommending that the City Council adopt No. 11689 Ordinance No. 11689 vacating a north/south alley located between West vac. n/s alley Second Street and West Fifth Street adjacent to Block 4; Lot 6, Block Second St. 8; Lots 1 and E82 , Block 9; J.P. Smith's Addition. It was the Fifth St . consensus of the City Council that the recommendation be adopted. PZ-1763 There was presented Mayor and Council Communication No. PZ-1763 Adopt Ord. from the City Manager recommending that the City Council adopt No. 11690 Ordinance No. 11690 vacating a utility easement dedicated to the City vac. utility of Fort Worth in Arbor Bill Addition, Block 3, Lot 14 (Pacific Place, easement North of Brentwood Stair Road) . It was the consensus of the City Arbor Hill Council that the recommendation be adopted. C-14484 There was presented Mayor and Council Communication No. C-14484 authorize from the City Manager recommending that the City Council authorize contract the City Manager to execute a contract with Westhill Construction, Westhill Inc. , in the amount of $74 , 893. 00 for the installation of concrete Construction, pathways in multiple park sites (20) . It was the consensus of the Inc. City Council that the recommendation be adopted. C-14485 There was presented Mayor and Council Communication No . C-14485 authorize from the City Manager recommending that the City Council authorize agreement the City Manager to execute an engineering agreement with Metro Tech Metro Tech Engineering Associates, Inc. , for a fee not to exceed $80 , 861 .00 to Engineering prepare plans and specifications for street , water and sanitary sewer Associates improvements on Bailey Avenue N. from White Settlement Road to Lindenwood Drive and from Lakewood Drive to Rockwood Drive. It was the consensus of the City Council that the recommendation be adopted. C-14486 There was presented Mayor and Council Communication No. C-14486 authorize from the City Manager recommending that the City Council authorize agreement the City Manager to enter into a consulting agreement with Effective Effective Plan Plan Management , Inc. (EPM) , to provide group health and life Management, Inc. insurance consulting services to the City of Fort Worth on a fee basis of $3,500 . 00 per month for the period beginning October 1 , 1994, to October 1 , 1995. It was the consensus of the City Council that the recommendation be adopted. 146 Tuesday, September 27 , 1994 C-14487 There was presented Mayor and Council Communication No. C-14487 authorize from the City Manager recommending that the City Council authorize agreement the City Manager, or his designee, to enter into a standard consent Owen Oil agreement with Owen Oil Tool , Inc. , with such agreement authorizing Tool , Inc. installation of a communication conduit in the 8900 block of Forum Way. It was the consensus of the City Council that the recommendation be adopted. C-14488 There was presented Mayor and Council Communication No. C-14488 authorize from the City Manager recommending that the City Council authorize agreement the City Manager to execute an agreement with the Texas Department of Texas Dept. Transportation to allow the City to obtain $1 ,728 ,000 . 00 in Federal Transportation funds to expand and update the City's computerized traffic signal system. It was the consensus of the City Council that the recommendation be adopted. C-14489 There was presented Mayor and Council Communication No . C-14489 from the City Manager recommending that the City Council : Authorize 1 . Authorize a bond fund transfer in the amount of $355 , 210 . 00 bond fund from Water Capital Improvement Fund Unspecified to Water transfer Capital Improvement Fund Flood Mitigation, Lake Worth Dam; 2 . Authorize a bond fund transfer in the amount of $26, 796 . 00 from Sewer Capital Improvement Fund Unspecified to Sewer Capital Improvement Fund Flood Mitigation, VCWWTP; Authorize 3. Authorize the City Manager to execute Amendment No . 2 to Amendment No. 2 the engineering agreement with Freese & Nichols , Inc. , City agreement Secretary No. 18332 , for the design of Flood Mitigation F r e e s e & Projects at the Village Creek Wastewater Treatment Plant Nichols, Inc. and the Lake Worth Dam, increasing the total contract cost by $382 ,006.00 from $431 , 267 .00 to $813 , 273 .00 . Council Member Meadows requested permission of the City Council to abstain from voting on Mayor and Council Communication No. C- 14489 . Council Member Woods made a motion, seconded by Council Member Lane, that Council Member Meadows be permitted to abstain from voting on Mayor and Council Communication No. C-14489. The motion carried unanimously. Council Member Jackson made a motion, seconded by Council Member adopted Haskin, that the recommendations be adopted. The motion carried by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Lane, Silcox, Haskin, Jackson, Woods, and Barr NOES: None ABSENT: None NOT VOTING: Council Member Meadows C-14490 There was presented Mayor and Council Communication No. C-14490 auth. amend. from the City Manager recommending that the City Council authorize Cont . Fort the City Manager to execute an amendment to City Secretary Contract Worth Zoo Assoc No . 18454 with the Fort Worth Zoological Association. Council Member Barr made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. C-14490 be approved, as amended, by adding language to Page 3 Item II . No. 1 stating that "Plans for any improvements to be installed or constructed on the designated area shall be submitted to the Parks and Community Services Director for a review- and recommendation to the City Council for approval prior to the start of such improvements"; that Page 4 of the Mayor and Council Communication Item V. be amended to read " The Zoo Association agrees to make an annual payment to the City of $50 ,000 .00 no later than January 1 of each year for the purpose of 147 Tuesday, September 27 , 1994 retiring the debt relating to the existing main lot . The initial annual payment due on January 1 , 1995 , shall be $50 ,000 . 00 for subsequent years, the initial payment shall be adjusted using the same index of formula as specified in the contract for the adjustment of the City's payments due to the Zoo Association" , and add a new paragraph VII to Page 4, as follows : "The Zoo Association agrees to work with the City Manager (acting, as appropriate, through the Director of Parks and Community Services and the Director of Transportation and Public Works) to develop a traffic plan for Forest Park that will (1) improve traffic flow through the park, (2) reduce the impact of heavy traffic on surrounding neighborhoods , and (3) i minimize congestion at points where traffic enters the park. " i Council Member Meadows made a substitute motion, seconded by Mayor Pro tempore Webber, that Mayor and Council Communication No. C- 14490 be approved as proposed by City Manager. The following individuals appeared before the City Council and expressed concern with regard to the amendment to City Secretary Contract No. 18454 with Fort Worth Zoological Association for designated parking, parking fees and debt payment : Jeff Davis , 2325 Mistletoe Drive; Bill Parrish, 2329 Mistletoe Drive; Jeff Payne, 2801 Forest Park Boulevard; Wendy Davis , 2325 Mistletoe Drive; Ernest Elbert , 1424 Mistletoe Drive; Richard Books , 2131 Warner Road; Marilyn Jones , 2365 Park Place, and Ben Swallow, 2737 Ryan Place Drive. Arden Moore, President of the Fort Worth Zoological Association appeared in support of the City Manager' s proposal . When the substitute motion to approve Mayor and Council Communication No. C-14490 as recommended by the City Manager, was put to a vote by the Mayor, it failed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Member Meadows NOES: Council Members Lane, Silcox, Haskin, Jackson, Woods and Barr ABSENT: None Council Member Meadows made a substitute motion, seconded by Mayor Pro tempore Webber, that consideration of Mayor and Council Communication No. C-14490 be continued for one week. The motion failed by the following vote: AYES: Mayor Granger; Mayor Pro tempore Webber; Council Member Meadows NOES: Council Member Lane, Silcox, Haskin, Jackson, Woods and Barr ABSENT: None City Manager Terrell expressed concern with regard to the fluctuation in revenues each year by the Zoo Association and advised Council that this was where the annual payment of $50 ,000 .00 was derived so that the City would have a consistent amount of revenue each year. Council Member Woods made a substitute motion, seconded by Mayor Pro tempore Webber, that the amendment made by Council Member Barr be approved deleting the second item relative to C. P. I . and then restated the first amendment for clarity, reading as follows : II . 1 . Plans for any improvements to be installed or constructed on the Designated Area shall be submitted to the Parks and Community Services Director for review and if improvements involve pavement or major changes that it be •submitted to the City Council for approval prior to the start of such improvements . The motion carried by the following vote: 148 Tuesday, September 27 1994 Adopted AYES: Mayor Granger; Mayor Pro tempore Webber; Council Members Silcox, Haskin, Woods, and Meadows NOES: Council Members Lane, Jackson and Barr ABSENT: None Mrs. Vernon Mrs . Vernon Dorsey, 1116 East Richmond, appeared before the City Dorsey Council regarding her water and electric bills; advised Council that the Water Department advised her that the water bill was over read by $25 .00 ; and stated that the contractors that were sent out to repair her home did not complete the job at a satisfactory level and that the materials used were substandard. She also advised Council that nothing was being done to the owners of property located in the 1200 block of Richmond who were not cutting their yards . Mayor Granger referred Mrs . Dorsey to Ms . Dee Stewart , Action Center Coordinator. L-11453 Council Member Barr made a motion, seconded by Council Member reconsidered Silcox, that Mayor and Council Communication No. L-11453 be reconsidered at this time. L-11453 There was presented Mayor and Council Communication No. L-11453 from the City Manager recommending that the City Council : 1 . Adopt a proposed ordinance increasing the estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of $68 ,000 . 00 for the purpose of funding the purchase of a . 251 acre portion of Lot 3AlA, Block 1 , River Plaza Complex Addition, and Lot 3A1 , Block 1 , River Plaza Complex Addition, and 2 . Approve the transfer of $68 ,000 .00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund, and 3 . Adopt a proposed ordinance increasing the estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $68 ,000 .00 for the purpose of funding the purchase of a . 251 acre portion of Lot 3A1A, Block 1 , River Plaza Complex Addition, and Lot 3A1 , Block 1 , River Plaza Complex Addition, and 4. Approve the acquisition of . 251 acre portion of Lot 3A1A, Block 1, River Plaza Complex Addition and all of Lot 3A1 , Block 1 , River Plaza Complex Addition, which is 1 . 73 acres in size from River Plaza North, Limited, and 5 . Find that a sum not to exceed $68, 000 .00 will be used to satisfy all past due taxes and applicable closing costs , and 6 . Authorize the City Manager to execute the necessary contracts with the landowners and adjacent landowners to effectuate the acquisition of the property, after review and approval by the City Attorney, and 7 . Authorize the acceptance and recording of the appropriate deeds , after review and approval by the City Attorney . L-11453 cont. Council Member Barr made motion, seconded by Council Member one week Silcox, that consideration of Mayor and Council Communication No. L- 11453 be continued for one week . The motion carried unanimously. 149 Tuesday, September 27 , 1994 C-14491 There was presented Mayor and Council Communication No. C-14491 authorize from the City Manager recommending that the City Council authorize contract the City Manager to execute a contract with the Tarrant County TCHD Hospital District (TCHD) to transfer responsibility for the operation of the community dental clinics to TCHD, effective October 1 , 1994. The contract will be in effect for four years , beginning October 1 , 1994, and ending September 30 , 1998 . On motion of Council Member Lane, seconded by Council Member Baskin, the recommendation was adopted unanimously. C-14492 There was presented Mayor and Council Communication No. C-14492 authorize from the City Manager recommending that the City Council authorize agreement the City Manager to execute an interlocal agreement with Tarrant Tarrant County County providing for payment of expenses for repair of City public public utility utility easements at Alta Drive and Broad Avenue. It was the easements consensus of the City Council that the recommendation be adopted. Zoning Hearing It appeared to the City Council that the City Council on Edward A. September 13, 1994, continued the zoning hearing for the application Jackson of Edward A. Jackson for a change in zoning of property located at 3008 Miller Avenue from "B" Two-Family to "E" Commercial , Zoning Docket No. Z-94-065. Mayor Granger asked if there was anyone present desiring to be heard. Council Member Jackson made a motion, seconded by Council Member Lane, that the application of Edward A. Jackson for a change in zoning of property located at 3008 Miller Avenue, Zoning Docket No. Z-94-065 , be approved as amended, by approving a "PD/SU" Planned Development Specific Use for a small engine repair shop with the following conditions : 1 . The hours of operation will not exceed Monday through Saturday from 8:30 a.m. to 6:00 p.m. No operations will be conducted on Sunday. 2 . Operations will be limited to repair and maintenance of lawnmowers and other small yard maintenance equipment . 3 . All operations relating to appraisal , repair, maintenance and testing of lawnmowers and other small yard maintenance equipment will be performed inside the garage located on the property. No operations relating to the business shall be conducted outside the garage. 4 . The operation will plant and maintain a row of shrubs with a height of at least five feet between the house on the property and the fence adjoining the property located at 4117 Burton. 5. Waiver of required site plan. Mr. Edward Jackson, 3008 Miller Street, appeared before the City Council and requested that the City Council give favorable consideration to his application and advised Council that he was in agreement with the proposed conditions . Ms . Christine Jackson, 3008 Miller Street , appeared before the City Council and advised Council that the pictures that she had provided the Council shows exactly where the opponents house was located which extended beyond the four feet that was stated at an earlier meeting, and also provided the Council with information regarding the lawnmowers that were place in the back of the house that were being used for spare parts , advising Council that there was no gasoline in the lawnmowers . Mr. H. E. Harvey, 1615 Wallace St . , appeared before the City Council and advised Council that the hours of operation provided under the conditions for "PD/SU" Planned Development Specific Use were more than enough hours and stated that they only work four to five hours per day, and advised Council that they were still working on a invention to help muzzle the lawnmower sound while they were being repaired. 150 Tuesday, September 27 , 1994 Z-94-65 The motion to approve the application of Edward A. Jackson for a adopted change in Zoning of Property located at 3008 Miller Avenue, Zoning unanimously Docket No. Z-94-65 , was approved and Ordinance No. 11691 was adopted unanimously. Ord. No. 11691 ORDINANCE NO. 11691 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 SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. Carried The motion carried unanimously. Closed It was the consensus of the City Council that the City Council session meet in closed session at 11 : 50 a.m. to seek the advice of its attorney concerning pending litigation or other matters which are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules : City of Fort Worth v. Tarrant County Cause No. 348-122324-89 as authorized by Section 551 .071 of the Texas Government Code. The City Council reconvened into regular session at 11 : 50 a .m. Adjourned There being no further business , the meeting was adjourned at 12 : 20 p.m. CITY SECRETARY MAYOR CITY COUNCIL MEETING OCTOBER 4, 1994 4th October On the 4th day of October, A.D. , 1994, the City Council of the 1994, City of Fort Worth, Texas , met in regular session, at 7 :00 p.m. , with 7:00 p.m. the following members and officers present : 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; Assistant City Manager Libby Watson; 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 Marshall Hobbs , Assistant Pastor, Baker Chapel A.M.E. Church.