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HomeMy WebLinkAbout2005/01/18-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 Date &Time On the 18th day of January, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 10:06 a.m. in the City Council Chamber, 9000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Donavan Wheatfall, John Stevenson, and Wendy Davis; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Clyde Picht was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Ken Ehrke, Agape Metropolitan Community Church. Pledge The Pledge of Allegiance was recited. Mayor Moncrief informed the listening and viewing audience that at exactly 10:15 a.m., City Council proceedings would stop to observe a moment of silence as a tribute to those people who lost their lives during the tsunami that hit Southeast Asia on December 26, 2004. Minutes On motion of Mayor Pro tempore McCloud, seconded by Council Member Stevenson, the minutes of the regular meeting of January 11, 2005, were approved unanimously. Special Council Member Davis presented a Proclamation for 90th Presentations Anniversary of Kiwanis International to Mr. Buddy G. Williams, President of Kiwanis Club of Fort Worth. Announcements Council Member Silcox reminded everyone that the Crime Control and Prevention District Renewal election would be held February 5, 2005. He stated that early voting would be conducted January 20 through February 1, 2005 and encouraged eligible voters to support the renewal. He added that if the tax were approved, it would generate over $40,000,000.00 per year that would fund additional crime fighting efforts. Moment of Mayor Moncrief stated that on December 26, 2004, tragedy struck Silence Southeast Asia when a tsunami crashed into several towns and villages resulting in the loss of 150,000 lives. He requested that the listening and viewing audience join with the Council and City staff in a moment of silence. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 2 of 17 Special Ms. Eileen Houston-Stewart, City Communications Officer, Presentations introduced representatives from the Northwest, Fort Worth, and Keller Independent School Districts. Each representative presented the City with checks that signified monies collected during various fundraising efforts by schools within the respective districts. Ms. Mae Ferguson, Executive Director, Sister Cities International, stated that she had been in contact with City of Bandung Mayor Dada Rosada, and although Bandung was not directly affected by the tsunami, the City was providing assistance to those who were affected. She extended Mayor Rosada's appreciation to the City of Fort Worth for everything the City was doing to provide aid for the recovery process. She added that donations could be made by visiting the Sister Cities website at www.fwsistercities.org or by mailing a check or money order to Fort Worth Sister Cities International, 808 Throckmorton Street, Fort Worth, Texas 76102. Mr. Tim Carter, Chief Executive Officer of the Tarrant County United Way of Metropolitan Tarrant County advised Council of the crisis relief efforts that were being done for short term relief and then long term relief. Ms. Mary Conner, Chief Executive Officer of the Red Cross, briefed Council on their relief efforts. She stated that the Red Cross had contributed $400,000,000.00 to the tragedy in Southeast Asia and that the local chapter contributed $310,000.00 in 23 days. Ms. Houston-Stewart informed the Council that representatives from the Fort Worth Country Day School could not be present at today's Council meeting, but they would be providing contributions towards the relief efforts. Council Member Silcox presented a Proclamation for Sesquicentennial of Fort Worth Lodge No. 148, A.F. & A.M. to Robert P. Holmes, Worshipful Master of Fort Worth Lodge No. 148, A.F. & A.M. (Council Member Silcox stepped away from the dais.) Announcements Council Member Lane announced that he recently attended the dedication ceremony for the opening of the restored Marine Greek School House. He acknowledged the efforts of Acting Assistant City Manager Richard Zavala, Assistant City Manager Libby Watson, Randle Harwood, the Parks and Community Services Department staff, and residents on the north side of the City, for saving the school. It will now be a part of the Historical Log Cabin Village. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 3 of 17 Council Member Lane recognized Mr. Ed Bass, present in the audience, as the President of the Board, Fort Worth Stock Show and Rodeo. He stated that events had already started and that the rodeo would begin January 21, 2005. He encouraged everyone to attend this family event. Council Member Lane also expressed appreciation to everyone who called or came by his and his wife Janet's home to express concern relative to a recent drive by shooting of their home. He encouraged everyone to vote in favor of the Crime Control and Prevention District renewal and stated that whomever committed the shooting at his house would be found and prosecuted. Council Member Wheatfall commended City staff for conducting a very successful Markin Luther King,Jr. celebration on January 14, 2005. Withdrawn from City Manager Boswell requested that Mayor and Council Consent Agenda Communication No. L-14012 be withdrawn from the consent agenda. Continued/ There were no items continued or withdrawn by staff. Withdrawn By Staff Consent Agenda On motion of Council Member Davis, seconded by Council Member Wheatfall, the consent agenda, as amended, was adopted unanimously. Mayor Moncrief requested that Mayor and Council Communication No. L-14012 be heard at this time. L-14012 There was presented Mayor and Council Communication No. L- Lease with 14012 from the City Manager recommending that the City Council Botanical authorize the City Manager to execute a 99-year lease with the Research Botanical Research Institute of Texas, Inc., for the property located Institute of at 1800 University for one dollar per year. Council Member Davis Texas, Inc. made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. L-14012 be adopted. Ed Bass Mr. Ed Bass appeared before Council in support of the lease agreement and informed the Council of the benefits of having the facility in Fort Worth. He assured the Council that the Botanical Research Institute of Texas, Inc., would build a first class facility that would be utilized by businesses, students, and residents. Council Member Stevenson expressed appreciation to Mr. Bass and Mr. Tim McKinney for bringing BRIT to Fort Worth. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 4 of 17 The motion carried unanimously. Mr. Bass also advised Council that this was the longest running Fort Worth Stock Show and stated that it would run 24 days. He invited everyone to come out and enjoy this great event. Presentations by Council Member Davis made a motion, seconded by Council City Council Member Wheatfall, that Abigail Hamilton, Mary Garcia, and Appointments Cathyrine Rockett be appointed to the Youth Advisory Council effective January 18, 2005. The motion carried unanimously. Res. #3160-01- There was presented Resolution No. 3160-01-2005 Requesting 2005 Financial Assistance from the Texas Water Development Board. Request Council Member Wheatfall made a motion, seconded by Council Financial Member Davis, that the resolution be adopted. The motion carried Assistance from unanimously. Texas Water Development Board Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1460 There was presented Mayor and Council Communication No. OCS- Claims 1460 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1461 There was presented Mayor and Council Communication No. OCS- Res. #3161-01- 1461 from the Office of the City Secretary recommending that the 2005 City Council adopt Resolution No. 3161-01-2005 setting the regular Setting Regular zoning hearing for February 8, 2005. Council Member Davis made Zoning Hearing a motion, seconded by Council Member Stevenson, that the resolution be adopted. The motion carried unanimously. OCS-1462 There was presented Mayor and Council Communication No. OCS- Contract with 1462 from the Office of the City Secretary recommending that the Tarrant County City Council authorize the City Manager to enter into a contract for February 5, with Tarrant County for the February 5, 2005 Election to continue 2005 Election to the Crime Control and Prevention District (CCPD). Council Member Continue CCPD Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 5 of 17 G-14651 There was presented Mayor and Council Communication No. G- Payment of 14651 from the City Manager recommending that the City Council City's Annual authorize payment for the City's FY 2004-2005 membership with Membership the North Central Texas Council of Governments (NCTCOG) in the with NCTCOG amount of $59,885.00. It was the consensus of the City Council that the recommendation be adopted. G-14652 There was presented Mayor and Council Communication No. G- Ord. #16262-01- 14652 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16262-01-2005 amending Chapter 5 of the Amend City Code of the City of Fort Worth, (1986), as amended, by adding an Code Chapter 5, Article IV to be named "Automated External Defibrillators;" Add Article IV requiring the registration of all Automated External Defibrillators Entitled with the Emergency Physicians' Advisory Board; amending "Automated Section 5-5, Chapter 5, of the Code of the City of Fort Worth, (1986), External as amended by limiting the affect of the penalty clause to previous Defibrillators" violations. It was the consensus of the City Council that the recommendation be adopted. G-14653 There was presented Mayor and Council Communication No. G- Ord. #16263-01- 14653 from the City Manager recommending that the City Council 2005 authorize the City Manager to accept a grant in the amount of Grant from Fort $110,000.00 from the Fort Worth Local Development Corporation Worth Local for two City staff positions to be added to the Economic and Development Community Development Department; transfer $110,000.00 from Corporation to the Local Development Fund to the General Fund and increase the Fund Two authorized positions in the Economic and Community Positions in Development Department by two positions; and adopt Economic and Appropriation Ordinance No. 16263-01-2005 increasing estimated Community receipts and appropriations in the General Fund in the amount of Development $110,000.00 from available funds, for the .purpose of funding two Department authorized positions in the Economic and Community Development Department. It was the consensus of the City Council that the recommendation be adopted. G-14654 There was presented Mayor and Council Communication No. G- Ord. #16264-01- 14654 from the City Manager recommending that the City Council 2005 Appropriation Ordinance No. 16264-01-2005 increasing Transfer Funds appropriations and decreasing the unreserved, undesignated fund to Fort Worth balance of the Culture and ,Tourism Fund in the amount of Convention and $65,000.00, for the purpose of funding a reimbursement to the Fort Visitors Bureau Worth Convention and Visitors Bureau; and authorize a payment of $65,000.00 to the Fort Worth Convention and Visitors Bureau. Council Member Davis made a motion, seconded by Council CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2006 PAGE 6 of 17 Member Stevenson,.that the recommendation be adopted. The motion carried unanimously. G-14665 There was presented Mayor and Council Communication No. G- Ord. #16265-01- 14655 from the City Manager recommending that the City Council 2005 adopt Ordinance Noy 16265-01-2005 amending Chapter 2, Title VII Amend Section "Code of Ethics", of the Code of the City of Fort Worth, Texas 2-262 of City (1986), as amended, by adding a new subsection (F) to Section 2- Code to Add 262 providing that any person required to file a personal financial New Subsection disclosure statement under Local Government Code Chapter 145, (F) to Eliminate the same calendar year as a City personal financial statement is Duplicative required under City Code Section 262, complies with that section Personal by complying with Chapter 145 to eliminate duplicative personal Financial financial disclosure statement filing requirements for municipal Statement Filing officers, candidates, and municipal office appointees who, effective Requirements January 1, 2006 must file under Local Government Code Chapter 145. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. G-14656 There was presented Mayor and Council Communication No. G- Reallocate 14656 from the City Manager recommending that the City Council CDBG authorize the City Manager to establish a WaterlGarbage Fee Unprogrammed Assistance and Plumbing Repair Program to assist low-income Funds to families, with an emphasis on the elderly and disabled, to maintain Implement a their water service and assist with plumbing needs; and approve Water/Garbage the reallocation of $51,000.00 from Community Development Block Fee Assistance Grant (CDBG) Year XXX Unprogrammed Funds as funding for the and Plumbing program. Mayor Pro tempore McCloud made a motion, seconded Repair Program by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. Council Member Wheatfall expressed appreciation to the City staff for their pro-active efforts to identify those residents who required assistance from this program. P-10072 There was presented Mayor and Council Communication No. P- Protech Armor 10072 from the City Manager recommending that the City Council Vests and authorize the purchase of Protech armor vests and accessories Accessories from C&G Wholesale for the Police Department for a total cost not to exceed $26,424.00, freight included with payment due 30 days from the date of invoice. It was the consensus of the City Council that the recommendation be adopted. ! CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 7of17 P-10073 There was presented Mayor and Council Communication No. P- Painting 10073 from the City Manager recommending that the City Council Services authorize a one-time purchase of painting services for Cowtown Touch-Up 2004 with Metroplex Resurfacing and Painting Incorporated for the Housing Department, based on best value, for a cost not to exceed $27,369.00. It was the consensus of the City Council that the recommendation be adopted. P-10074 There was presented Mayor and Council Communication No. P- Light Duty 10074 from the City Manager recommending that the City Council Vehicles and authorize the purchase of new light duty vehicles and equipment Equipment from a cooperative purchasing program for.the City of Fort Worth for a cost not to exceed $924,731.65 with payment due within 30 days of the date the invoice and freight included in the unit price. It was the consensus of the City Council that the recommendation be adopted. P-10075 There was presented Mayor and Council Communication No. P- Library Materials 10075 from the City Manager recommending that the City Council and Services authorize purchase agreements for library materials and services from multiple vendors for the Library Department; and authorize this agreement to begin January 25, 2005 and expire January 24, 2006, with options to renew for one additional one-year period. It was the consensus of the City Council that the recommendation be adopted. L-14013 There was presented Mayor and Council Communication No. L- Permanent 14013 from the City Manager recommending that the City Council Sanitary Sewer approve acceptance of one permanent sanitary sewer easement Easement described as A 1972, Tract 1H, JM Steiner Survey, Tarrant County, Texas, from Richard and Kathrine Dunn for property located in the 8200 Block of Meadowbrook Drive in east Fort Worth for Sewer Main Extension Project (DOE 4318), for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-14014 There was presented Mayor and Council Communication No. L- Permanent 14014 from the City Manager recommending that the City Council Waterline authorize the acquisition of one permanent waterline easement and Easement and one temporary construction easement described as part of B. Temporary Harris Subdivision, Lot 7, Block 3, Tarrant County, Texas, from Joe Construction and Nancy Harrison for property located in east Fort Worth for the Easement construction of Main 244A-Paraliel Relief Sewer (DOE 3295), for $9,100.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 8of17 L-14015 There was presented Mayor and Council Communication No. L- Permanent 14015 from the City Manager recommending that the City Council Sanitary Sewer authorize the acquisition of one permanent sanitary sewer Easement easement described as part of Sarah Petitt Survey, A-1234; G.M. Petitt Survey, A-1235 & J. Burleson Survey, A-78, Tarrant County, Texas from Bank One, Trustee of the Mary Leonard Children's Trust, Miranda Leonard, Madelon Bradshaw, and Martha Griffith for property located on the north and south sides of IH-30, west of Chapel Creek Boulevard for construction of the Walsh Ranch Sanitary Sewer Extension Project (DOE 4159), needed to install approximately 50,000 linear feet of sanitary sewer main from the existing Main 450 to serve the proposed Walsh Ranch Development Project in west Fort Worth, for a cost of $78,291.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-14016 There was presented Mayor and Council Communication No. L- Permanent 14016 from the City Manager recommending that the City Council Waterline approve the acceptance of one permanent waterline easement Easement described as part of Lot 3R, Block 7, City View Addition, Tarrant County, Texas from PP Real Estate, Ltd, for property located in southwest Fort Worth (DOE 4624), necessary for the construction, operation, maintenance and repair of a water meter and vault, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-14017 There was presented Mayor and Council Communication No. L- Permanent 14017 from the City Manager recommending that the City Council Sanitary Sewer authorize ' the acquisition of one permanent sanitary sewer Easement and easement and one temporary construction easement described as Temporary portion of Lot 11, Sallie Terrell Subdivision, Tarrant County, Texas Construction from Earline Prescott for property located north of the Central Easement Business District (DOE 4296), necessary for the construction, operation, maintenance and repair of sanitary sewer main M-1-1-1, Phase 11 located north of the Central Business District, for $2,750.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-14018 There was presented Mayor and Council Communication No. L- Permanent 14018 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of three permanent sanitary sewer Easements easements described as A 999, Tract 15, 12D01, and 12E02, WM McCowens Survey, Tarrant County, Texas from Pulte Homes of Texas LP, David Riddle Etal, and Anna N. Randall, Trustee for CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 9 of 17 property located in far north Fort Worth for the Old Denton Road and Golden Triangle Boulevard Sanitary Sewer Line Improvements Project (DOE 3311), needed for the construction, operation and maintenance of a sanitary sewer line to serve properties located in the 10000 block of Old Denton Road and in the 4000 block of Golden Triangle Boulevard, for a total cost of$3.00. It was the consensus of the City Council that the recommendation be adopted. L-14019 There was presented Mayor and Council Communication No. L- Permanent 14019 from the City Manager recommending that the City Council Sanitary Sewer approve acceptance of two permanent sanitary sewer easements Easements described as Block 23 and 30A, Lot 3111 and 4, respectfully, Mira Vista Addition, Tarrant County, Texas from Mon! S. Sagoo and Mira Vista Golf Club, LC, for property located in southwest Fort Worth to serve the Mira Vista Addition (DOE 4318), needed for the construction, operation and maintenance of a sanitary sewer line for properties west of Bryant Irvin Road near the City of Benbrook for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-14020. There was presented Mayor and Council Communication No. L- Permanent 14020 from the City Manager recommending that the City Council Sanitary Sewer authorize the acquisition of one permanent sanitary sewer Easement and easement and one temporary construction easement described as Temporary part of B. Harris Subdivision, Lot 9, Block 3, Tarrant County, Texas, Construction from Benedict and Trudy Termini for property located in east Fort Easement Worth for the construction of Main 244A-Parallel Relief Sewer (DOE 3295), for a total cost of$4,800.00. It was the consensus of the City Council that the recommendation be adopted. L-14021 There was presented Mayor and Council Communication No. L- Permanent 14021 from the City Manager recommending that the City Council Sanitary Sewer authorize the acquisition of one permanent sanitary sewer Easement easement described as part of the J. Johnson Survey, A-871; CK Gleason Survey, A-559 & B.F. Rlcherson, A-1374, Tarrant County, Texas, from Lee M. Bass, Trustee for the 820 Management Trust for property located at 12280 Camp Bowie West for the construction of Walsh Ranch Sanitary Sewer Extension (DOE 4159), needed to install approximately 50,000 linear feet of sanitary sewer main from the existing Main 450 to serve the proposed Walsh Ranch Development project for a total cost of $69,000.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 r PAGE 10 of 17 L-14022 There was presented Mayor and Council Communication No. L- Permanent 14022 from the City Manager recommending that the City Council Sanitary Sewer authorize the acquisition of one permanent sanitary sewer Easement easement described as part of C.K. Gleason Survey, A-559 & W.H. Garrett Survey, A-1951, Tarrant County, Texas, from ' Waste Management of Texas, Inc., for property located at 12280 Camp Bowie West (1-30), needed to install approximately 50,000 linear feet of sanitary sewer main from the existing Main 450 to serve the proposed Walsh Ranch Development Project (DOE 4159) in west Fort Worth, for a total cost of $22,700.00 plus estimated closing costs of $3,000.00. It was the consensus of the City Council that the recommendation be adopted. L-14023 There was presented Mayor and Council Communication No. L- Acquisition of 14023 from the City Manager recommending that the City Council Land for Mallard authorize the City Manager to purchase 37.424 acres of land in the Cove Park amount of$168,544.00 from Zena Land Development. This purchase is for the final land assemblage of Mallard Cove Park, as approved under the standing Option/Right of First Refusal Agreement on January 28, 2003 (M&C L-13498). It was the consensus of the City Council that the recommendation be adopted. C-20488 There was presented Mayor and Council Communication No. C- Antero 20488 from the City Manager recommending that the City Council Resources authorize the City Manager to execute a Public Right-of-Way Use Pipeline, LP Agreement with Antero Resources Pipeline, LP, that grants Antero a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. C-20489 There was presented Mayor and Council Communication No. C- Southwestern 20489 from the City Manager recommending that the City Council Gas Pipeline, authorize the City Manager to execute a public right-of-way use Inc. agreement with Southwestern Gas Pipeline, Inc., that grants Southwestern Gas a license to use a certain right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. C-20490 There was presented Mayor and Council Communication No. C- West Fork 20490 from the City Manager recommending that the City Council Pipeline authorize the City Manager to execute a public right-of-way use Company, LP agreement with West Fork Pipeline Company, LP, that grants West CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2006 PAGE 11 of 17 Fork license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. C-20491 There was presented Mayor and Council Communication No. C- Bell Helicopter! 20491 from the City Manager recommending that the City Council Textron authorize the City Manager to execute a non-public fueling agreement with Bell Helicopter/Textron at Fort Worth Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. C-20492 There was presented Mayor and Council Communication No. C- URS Corporation 20492 from the City Manager recommending that the City Council authorize the City Manager to execute a contract for consulting services with URS Corporation, in the amount of $299,880.00 to update the Federal Aviation Regulation Part 160 Noise Compatibility Study for Fort Worth Alliance Airport" It was the consensus of the City Council that the recommendation be adopted. C-20493 There was presented Mayor and Council Communication No. C- Benito Huerta 20493 from the City Manager recommending that the City Council authorize the City Manager to enter into a Design Contract with Benito Huerta to develop a catalog of design enhancements for park sites throughout Fort Worth in an amount not to exceed $64,420.00 from the Public Art Program Funds in the 2004 Capital Improvement Program. It was the consensus of the City Council that the recommendation be adopted. C-20494 There was presented Mayor and Council Communication No. C- Ord. #16266-01- 20494 from the City Manager recommending that the City Council: 2005 Ord. #16267-01- 1. Adopt Appropriation Ordinance No. 16266-01-2005 2005 increasing appropriations in the Environmental Ord. #16268-01- Management Fund in the amount of $426,618.59 and 2005 decreasing the unreserved fund balance by the same Eagle amount, for the purpose of transferring said funds to the Construction Cowtown Inn Project in the Environmental Project Fund; and Environmental 2. Adopt Appropriation Ordinance No. 16267-01-2005. Services, LLP increasing appropriations in the General Fund in the amount of $170,084.70 and decreasing the unreserved fund balance by the same amount, for the purpose of transferring said funds to the Cowtown Inn Project in the Environmental Project Fund; CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 12 of 17 3. Approve the transfer of $426,618.59 from undesignated funds in the Environmental Management Fund (R103) to the Cowtown Inn Project in the Environmental Project Fund (R101), 4. Approve the transfer of $170,084.70 from the General Fund to the Cowtown Inn Project in the Environmental Project Fund (R101); 5. Adopt Appropriation Ordinance No. 16268-01-2005 increasing estimated receipts and appropriations in the Environmental Project Fund in the amount of $596,703.29 from available funds for the purpose of funding the Cowtown Inn Project; and 6. Authorize the City Manager to execute a contract with Eagle Construction and Environmental Services, LLP, in the amount of $596,703.29 for asbestos abatement and demolition of the Cowtown Inn structures at 6855 East Lancaster Avenue. Council Member Wheatfall made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. At the request of Council Member Haskin, Mr. Brian Boerner, Environmental Management Department Director, provided a timeline for the site. He stated that after receipt of the signed contract, abatement would begin approximately February 1, 2005. He added that asbestos removal would take 45 days and that the site would be ready around the middle of May 2005 for redevelopment. Council Member Wheatfall expressed appreciation to Mayor Moncrief and Council Member Haskin for making this demolition possible. Council Member Davis applauded the efforts of Mayor Moncrief, Council Members Haskin and Wheatfall, and City Manager Boswell. Mayor Moncrief expressed appreciation to Mr. Boerner for his leadership on this project. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 13 of 17 Regular Zoning It appeared to the City Council that the Notice of Public Hearing set Hearing today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, December 27, 2004. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-04-298 Mr. Robert West, 301 Commerce Street, Suite 3500, representing Continued Until the owner of the property, Bill J. Markham, Sr., appeared before February 1, 2005 Council in support of the zoning change. He briefed the Council on Robert West the proposed change and requested their favorable support. Council Member Haskin expressed concern for the residential property located to the south of this property and school located in this area. She added that owners of properties in this area agreed on the "PD-427" ,zoning two years ago, which eliminates certain uses; and now the property owner is back requesting the Light Industrial Zoning. She added she represents the residents in that area. There was further clarification and deliberation on the use of this property. Mr. West explained that the property owner wanted to use it for the expansion of his business, which is located to the left of the subject property. Mr. West indicated that this would not occur for two to three years. He also advised that the construction to North Tarrant Parkway is also driving this request. He added that roadway access was needed for ingress/egress for trucks to the subject property. Council Member Davis pointed out the amount of work that went into the current zoning on the property. She expressed concerns for the requested zoning. She suggested excluding certain uses and waiving the site plan required. Mayor Moncrief suggested Mr. West take same additional time to work out the concerns expressed by the Council. Council Member Lane asked Mr. West if a two-week delay was possible so that he could meet with residents in this neighborhood on the requested zoning change to address any concern. Mr. West agreed with the two-week delay. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 14 of 17 Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the application of Bill J. Markham, Sr., for a change in zoning of property located at 3513 Thompson Road from "PD-427" Planned Development to "I" Light Industrial, Zoning Docket No. ZC-04-298 be continued until February 1, 2005. The motion carried unanimously. ZC-05-002 Mayor Pro tempore McCloud made a motion, seconded by Council Continued for Member Davis, that the application of Jack Phu Hoang for a change One Week in zoning of property located at 1217, 1221, 1225 Freeman Street from "B" Two Family Residential to "PDISU" Planned DevelopmentlSpecific Use, for all uses in "E" Neighborhood Commercial; excluding the following uses: Tattoo Parlors, Massage Parlors and Pawn Shops and waiver of Site Plan recommended, Zoning Docket No. ZC-05-002, be continued one week to the January 28, 2005 Council Meeting. The motion carried unanimously. ZC-05-009 Council Member Davis made a motion, seconded by Council Approved Member Lane, that the application of Great Southwest Partners for a change in zoning of property located at 7650 McCart from "PD- 482" Planned Development with exclusions and waiver of site plan to amend "PD-482" Planned Development/Specific Use with same exclusions, for all uses in "E" Neighborhood Commercial to include "Fitness Center" use and waiver of Site Plan recommended, Zoning Docket No. ZC-05-009, be approved. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Davis made a motion, seconded by Council Member Lane, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 15 of 17 ORDINANCE NO. 16269-01-2005 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE 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 AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. ZC-05-022 It appeared that the City Council set today as the date for a hearing Ord. #16270-01- for Zoning Docket No. ZC-05-022, Text Amendment concerning 2005 Tree Preservation. Mayor Moncrief opened the public hearing and Text Amendment asked if there was anyone present desiring to be heard. Approved Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, appeared before Council and requested the ordinance be amended in two areas relative to the issuance of tree removal permits as follows: a. Page 4, subparagraph 3: Include "gas drill sites," before "...and other improvements." b. Page 4, subparagraph e, line 3: Include "gas drill sites" before "...or other improvements." There being no one present desiring to be heard in connection with the Text Amendment, Council Member Lane made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and Zoning Docket No. ZC-05-022 be approved with the suggested amendment by Mr. Schell, and the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 16 of 17 ORDINANCE NO. 16270-01-2005 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS- APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH BY AMENDING SUBSECTION K "PRESERVATION OF TREES" OF SECTION 6.301 "LANDSCAPING" OF ARTICLE 3, "LANDSCAPING AND BUFFERS" TO ADD REGULATIONS ON THE REMOVAL OF PROTECTED TREES EQUAL TO OR GREATER THAN SIX INCHES IN DIAMETER ON A PARCEL OF LAND GREATER THAN ONE ACRE, TO AMEND CHAPTER 9 "DEFINITIONS" TO ADD DEFINITIONS RELATED TO TREE PRESERVATION; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. Citizen There were no citizen presentations. Presentations Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:25 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) City of Fort Worth v. 3120 Precinct Line Road LLC and Walker Branch Recycling, Inc., Cause No. 0420857-2; b) Fort Worth and Western Railroad Company v. City of Fort Worth, No. 4-03CV-139-Y (5th Circuit Court of Appeals -- 04-10433); c) Craig Crockett v. City of Fort Worth, Cause No. 236- 198941-03; d) Norma Marquez et al. v. MHMR of Tarrant County, CFW, et al Cause No. 352-201587-03; CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 18, 2005 PAGE 17 of 17 e) Legal issues concerning the ratemaking proceeding involving TXU Electric Delivery Company pursuant to City of Fort Worth Resolution No. 3119; f) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.078 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:25 p.m. Adjournment There being no further business, the meeting was adjourned at 12:48 p.m. These minutes approved by the Fort Worth City Council on the 26t" day of January, 2005. Attest: Approved: Marty He rix Michael J. M nc lef City Secretary Mayor