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HomeMy WebLinkAbout2004/01/20-Minutes-City Council CITY COUNCIL MEETING JANUARY 20, 2004 Date & Time On the 20th day of January, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:10 a.m. in the City Council Chamber, 1000 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, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Lillian Chappell-Porter, City Secretary's Office. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Davis, the minutes of the regular meeting of January 13, 2004, were approved unanimously. Announcements Council Member Picht advised the listening audience that he had updated his web site and stated that he had his opinion relative to the upcoming Bond Election. Council Member Lane expressed appreciation to the Rodeo Committee and the Parade coordinators for the great Fort Worth Stock Show event and invited everyone to come and experience the rodeo and the Stock Show. Council Member Haskin commented favorably on Council Member Stevenson's exuberance, as he rode in the Stock Show parade. Council Member Silcox announced that he and Council Member Picht participated in the Parade honoring the North Crowley High School Football team, state championship winners. He stated that this was the first team to win the State Championship in 48 years. Mayor Pro tempore McCloud stated that he participated in the Martin Luther King parade and further stated that the entire weekend celebration was a wonderful event. Mayor Moncrief called to the attention of the listening audience that another Fort Worth citizen was killed in Iraq, and asked that we keep our military men and women, who are trying to make life better for others, in our prayers. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 2 of 17 Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda was adopted unanimously. Appointments Council Member Haskin stated that the Government and Neighborhood Relations Committee was accepting applications for the City Plan Commission's two vacant alternate positions and the Human Relations Commission's one vacant position. Council Member Moss asked what requirements were needed for members of the Human Relations Commission. Ms. Vanessa Ruiz-Boling, Human Relations Commission Director, stated that the Hispanics and Asians were under represented on the commission. Res. #3035 There was presented Resolution No. 3035 appointing the Chairperson & Chairperson and the Board of Directors of Tax Increment Board of Reinvestment Zone Number Eight, City of Fort Worth, Texas Directors of Tax (Lancaster Corridor TIF). Mayor Pro tempore McCloud made a Increment motion, seconded by Council Member Moss, that the Reinvestment recommendation be adopted, with Council Member Davis Zone #8 appointed as Chairperson. The motion carried unanimously. (Lancaster Corridor TIF) OCS-1395 There was presented Mayor and Council Communication No. OCS- Claims 1395 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-1396 There was presented Mayor and Council Communication No. OCS- Res. #3036 1396 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 3036 setting regular zoning Zoning Hearing hearing for February 10, 2004. Council Member Davis, made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. G-14229 There was presented Mayor and Council Communication No. G- Injury Leave-of 14429 from the City Manager recommending that the City Council Absence Pay approve an extension of injury leave-of-absence pay benefits for Benefits for Police Officer Lisa Ramsey. It was the consensus of the City Police Officer Council that the recommendation be adopted. Lisa Ramsey CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 3 of 17 G-14230 There was presented Mayor and Council Communication No. G- Water 14230 from the City Manager recommending that the City Council Environment authorize the continued participation and membership in the Water Research Environment Research Foundation for the Water Department at a Foundation membership fee of $34,046.00. It was the consensus of the City Council that the recommendation be adopted. G-14231 There was presented Mayor and Council Communication No. G- Ord. #15834 14231 from the City Manager recommending that the City Council: Texas Forest Service for 1. Authorize the City Manager to accept additional grant funds in Printing & the amount of $5,010.42 from the Texas Forest Service Urban Distribution and Community Forestry Grant for Public Outreach; and Expenditures for Tree Planting & 2. Adopt Ordinance No. 15834 increasing estimated receipts and Maintenance appropriations in the Urban and Community Forestry Grant Guide and Tree Planting and Maintenance Guide Fund in the amount of $5,010.42 upon receipt of the Urban and Community Forestry Grant from the Texas Forest Service for the purpose of funding public outreach for the Tree Planting and Maintenance Guide. It was the consensus of the City Council that the recommendation be adopted. G-14232 There was presented Mayor and Council Communication No. G- Property Tax 14232 from the City Manager recommending that the City Council: Exemption for Non-Profit 1. Approve an exemption from municipal property tax in the Organizations amount of 50 percent for eligible properties developed by Developing eligible organizations according to House Bill (H.B.) 3546; and Affordable Housing 2. Authorize the City Manager to inform the Chief Appraiser of the Tarrant Appraisal District and other taxing entities in Tarrant County of the decision. Donald Garnett Mr. Donald R. Garnett, 820 Hunters Glen Trail, appeared before Council in opposition of this issue. He expressed concern with the requirement that the property had to be owned for three years by a non-profit organization in order to qualify for the tax exemption. Jerome Walker, Housing Department Director, appeared and gave a brief summary of the statute. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 4 of 17 Mayor Moncrief requested Mr. Garnett meet with City staff to resolve his concerns. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14233 There was presented Mayor and Council Communication No. G- Waiver of 14233 from the City Manager recommending that the City Council: Development Fees for Fort 1. Find that a waiver of development fees, including building Worth Area permit, rezoning, plat application and inspection fees for the Habitat for Fort Worth Area Habitat for Humanity carries out a public Humanity purpose; and 2. Find that there are sufficient controls to ensure the public purpose is carried out; and 3. Authorize a waiver of development fees in an amount not to exceed $16,000.00. Several Council Members expressed concern that the homes being constructed did not have garages. They asked that prior to waving development fees, a provision be included to ensure that the homes are constructed with garages. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Stevenson, and Davis NOES: Council Member Picht ABSENT: None G-14234 There was presented Mayor and Council Communication No. G- Fee Waiver for 14234 from the City Manager recommending that the City Council Street Name consider waiver of the street name change application fee for Change streets around the I. M. Terrell school campus. Mayor Pro tempore Application for McCloud made a motion, seconded by Council Member Davis, that I. M. Terrell the recommendation be adopted. The motion carried unanimously. School Campus CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 5 of 17 G-14235 There was presented Mayor and Council Communication No. G- Ord. #15835 14235 from the City Manager recommending that the City Council: Donations to Fund Fort Worth 1. Accept donations in the amount of $2,500.00 from Harris Commission for Methodist Hospital, a Texas Health Resources Affiliate, and Women Projects $1,750.00 from the Junior League of Fort Worth, Inc. to fund activities of the Fort Worth Commission for Women; and 2. Adopt Ordinance No. 15835 increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $4,250.00 subject to receipt of the donations for the purpose of funding the activities of the Fort Worth Commission for Women. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted with appreciation. The motion carried unanimously. G-14236 There was presented Mayor and Council Communication No. G- Thirty Day 14236 from the City Manager recommending that the City Council Suspension of suspend for thirty (30) days enforcement of Section 34.245 of the Taxicab City Code regarding the five (5) year age limit on taxicabs. Council Ordinance Member Davis made a motion, seconded by Council Member Requirement Stevenson, that the recommendation be adopted by amending the Limiting Age of Recommendation section of the M&C to include at the end of the a Taxicab to Five sentence, "...and allowing a six year rule during the 30-day Years moratorium." The motion carried unanimously. P-9902 There was presented Mayor and Council Communication No. P- Water Related 9902 from the City Manager recommending that the City Council: Items 1. Authorize a purchase agreement for water related items with multiple vendors for the Water Department based on unit prices per category, with payment due 30 days after receipt of the invoice; and Hughes Supply Category I - Mega Lugs Category III — Frames and Lids US Pipe & Foundry Co. Category II — Ductile Iron Pipe Category IV — Gate Valves 2. Authorize this agreement to begin January 20, 2004, and expire January 19, 2005, with options to renew for two additional one-year periods; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 6 of 17 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act." It was the consensus of the City Council that the recommendation be adopted. P-9903 There was presented Mayor and Council Communication No. P- Lease Concrete 9903 from the City Manager recommending that the City Council: Trucks & Operator & 1. Authorize a purchase agreement with Beall Industries, Inc. for Material the lease of concrete trucks and operators and the purchase of material for the Water Department based on the overall low bid meeting specifications with payment due 30 days after receipt of the invoice; and 2. Authorize this agreement to begin February 2, 2004, and expire February 1, 2005, with options to renew for two additional one- year periods; and 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act." It was the consensus of the City Council that the recommendation be adopted. P-9904 There was presented Mayor and Council Communication No. P- Water Chemical 9904 from the City Manager recommending that the City Council: Reagents 1. Authorize a purchase agreement with Fox Scientific, Inc. and LabChem, Inc. to provide water chemical reagents for the Water Department, Water Production Division, based on the low bid by line item as follows, with payments due 30 days from the date of the invoice and freight at no charge; and Vendors Line Item Numbers Fox Scientific, Inc. 1, 3-14, 16-17, 19-20, 23, and 25 LabChem, Inc. 2, 15, 18, 21-22, 24, and 26 2. Authorize this agreement to begin January 27, 2004, and expire January 26, 2005, with options to renew for two additional one- year periods; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 7 of 17 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act." It was the consensus of the City Council that the recommendation be adopted. P-9905 There was presented Mayor and Council Communication No. P-9905 from the Light Duty City Manager recommending that the City Council authorize the purchase of Vehicles light duty vehicles from cooperative purchasing programs for a cost not to exceed $871,982.20, with payment due within 30 days of the date of the invoice, and freight is include in the unit price. It was the consensus of the City Council that the recommendation be adopted. P-9906 There was presented Mayor and Council Communication No. P- Health Risk 9906 from the City Manager recommending that the City Council: Screening Services 1. Authorize a purchase agreement for health risk screening services for the Healthy Challenge Wellness Program with Cover-Tek, Inc. based on the overall low bid with payment due 30 days after receipt of the invoice; and 2. Authorize this agreement to begin January 20, 2004, and expire January 19, 2005, with options to renew for three additional one-year periods; and 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in the bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act." It was the consensus of the City Council that the recommendation be adopted. P-9907 There was presented Mayor and Council Communication No. P- Tap Saddles, 9907 from the City Manager recommending that the City Council Joint Leak authorize the rejection and rebid of tap saddles, joint leak clamps Clamps & and couplings (Bid No. 03-0151) for the Water Department. Council Couplings Member Stevenson made a motion, seconded by Council Member Silcox, that recommendation be adopted. The motion carried unanimously. L-13741 There was presented Mayor and Council Communication No. L- CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 8 of 17 Public Right-of- 13741 from the City Manager recommending that the City Council Way Use authorize the City Manager to execute a Public Right-of-Way Use Agreement Agreement with Antero Resources Pipeline, LP (Antero) that grants Antero a license to use certain streets and public rights-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. L-13742 There was presented Mayor and Council Communication No. L- Water Line 13742 from the City Manager recommending that the City Council Easement & approve the acquisition of one permanent water line easement and Temporary one temporary construction easement described as A-313, Richard Construction Crowley Survey, Tarrant County, Texas from Bailey Properties, Inc. Easement needed for the construction of a 54-inch water main from the Holly Water Treatment Plant to Northside Drive (DOE 4120) for a total cost of $47,100.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13743 There was presented Mayor and Council Communication No. L- Sale of City- 13743 from the City Manager recommending that the City Council: Owned Tax Foreclosed 1. Approve the sale of the surplus tax foreclosed properties Properties located at Belknap Street pursuant to Section 272.001 of the Texas Local Government Code for a total of $1,600.00; and 2. Authorize the City Manager to execute the appropriate deeds conveying the property to the highest bidders complying with the bid specifications and requirements. It was the consensus of the City Council that the recommendation be adopted. L-13744 There was presented Mayor and Council Communication No. L- Avigation 13744 from the City Manager recommending that the City Council: Easement 1. Accept one permanent avigation easement described as Lot 5, Block 72 (2909 Lee Avenue), M.G. Ellis Addition, Tarrant County, Texas from Gustavo Castaneda over property located south of Fort Worth Meacham International Airport (DOE 920) for a cost of$1.00; and 2. Authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13745 There was presented Mayor and Council Communication No. L- CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 9 of 17 Water Line 13745 from the City Manager recommending that the City Council Easements approve the acceptance of two permanent water line easements described as A-1262, A.S. Roberts Survey, Tarrant County, Texas from Elmridge Properties and Broadway-Marine Creek Road Joint Venture needed to connect the Northside II 48-inch water transmission main from Eagle Mountain Treatment Plant to Old Decatur Road along Bowman Roberts Road (DOE 3885) for a total of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13746 There was presented Mayor and Council Communication No. L- Avigation 13746 from the City Manager recommending that the City Council: Easement 1. Accept one permanent avigation easement described as Lot 21, Block 101 (3206 Ross Avenue), M.G. Ellis Addition, Tarrant County, Inc. from Neighborhood Housing Services of Fort Worth and Tarrant County, Inc. over property located south of Fort Worth Meacham International Airport (DOE 920) at a cost of$1.00;and 2. Authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13747 There was presented Mayor and Council Communication No. L- Water Main 13747 from the City Manager recommending that the City Council Easements & approve the acquisition of two permanent water main easements Construction and two temporary construction easements described as part of Easements the John Hibbins Survey, Abstract No. 638 from Railhead Industrial Park Investors, L.P. for property located north of NW Loop 820 and east of Main Street North (DOE 4088) necessary for the construction, maintenance and operation of the Northside II water transmission main between the McCandless Street and the Cantrell-Samson pump stations for $186,000.00, plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13748 There was presented Mayor and Council Communication No. L- CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 10 of 17 Construction 13748 from the City Manager recommending that the City Council Easement & approve the acceptance of one temporary construction easement, Seven three permanent drainage easements, three permanent water Easements easements, and one permanent sanitary sewer easement described as portion of the John H. Duncan Survey, Abstract No. 398 and a portion of the Thomas Moody Survey, Abstract No. 1070, Tarrant County, Texas from various owners for the Rainbow Ridge Phase 1 Project located east of McCart Avenue and south of Risinger Road (DOE 4168) necessary for the construction, operation, maintenance, and repair of drainage facilities and water and sewer lines for the Rainbow Ridge Addition for a total cost of $8.00. It was the consensus of the City Council that the recommendation be adopted. L-13749 There was presented Mayor and Council Communication No. L- Water Line 13749 from the City Manager recommending that the City Council Easement approve the acceptance of one permanent water line easement described as A-565, Milly Gilbert Survey, Tarrant County, Texas from Basswood/35 Partners, L.P for property located east of IH- 35W, south of Basswood Boulevard (DOE 4275) needed for future development of the Sandshell Commercial Addition for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13750 There was presented Mayor and Council Communication No. L- Sanitary Sewer 13750 from the City Manager recommending that the City Council Easement approve the acceptance of one permanent sanitary sewer easement described as portion of the Gifford-Hill & Company Plant No. 41 Site, Tarrant County, Texas from Southern Star Concrete, Inc. for property located east of Oakwood Cemetery and south of Benjamin Street (DOE 4296) necessary for construction, operation, maintenance, and repair of a sewer line for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13751 There was presented Mayor and Council Communication No. L-13751 Sanitary Sewer from the City Manager recommending that the City Council authorize Easement, Water the City Manager to accept one permanent sanitary sewer easement, Line Easement, one permanent water line easement, and one permanent roadway Roadway easement described as part of the J.M.B. Smith Survey, Abstract No. Easement, & 1412 and J.W. Willliams Survey, Abstract 1599, Tarrant County, Texas Right-of-Way from Oncor Electric Delivery Company for the reconstruction of Permits Altamesa Boulevard from Vega Drive to McCart Avenue in southwest Fort Worth (DOE 2844) for a total cost of $30.00. Council Member Picht made a motion, seconded by Council Member Haskin, that recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 11 of 17 C-19935 There was presented Mayor and Council Communication No. C- David Newton 19935 from the City Manager recommending that the City Council: 1. Authorize the City Manager to enter into an Artwork Design Contract with David Newton for design of a sited bronze equestrian sculpture depicting a Mexican Vaquero for the traffic triangle to be created at North Main and Ellis Streets as part of the North Main Streetscape Improvement Project, in an amount not to exceed $25,000.00 from the Public Art Program Funds in the Specially Funded Capital Projects Fund; and 2. Authorize the City Manager to enter into a subsequent Artwork Commission contract with David Newton for fabrication and installation of the sited bronze equestrian sculpture depicting a Mexican Vaquero, upon the City's approval of the final design and receipt of private matching funds for the $95,000.00 previously appropriated by the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. C-19936 There was presented Mayor and Council Communication No. C- Dannenbaum 19936 from the City Manager recommending that the City Council Engineering authorize the City Manager to execute Amendment No. 1 to City Corporation Secretary Contract No. 28006 Engineering Agreement with Dannenbaum Engineering Corporation for Sanitary Sewer Main 257 and 325 (Middle and Upper Village Creek) Parallel Relief Alignment Study and Design in the amount of $111,800.52, thereby increasing the contract amount to $833,700.28. It was the consensus of the City Council that the recommendation be adopted. C-19937 There was presented Mayor and Council Communication No. C- TranSystems 19937 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute an engineering agreement Consultants with TranSystems Corporation Consultants in the amount of $248,784.00 for Sanitary Sewer Rehabilitation Contract LXIX (69) Village Creek Drainage Basin (Enchanted Bay). It was the consensus of the City Council that the recommendation be adopted. C-19938 There was presented Mayor and Council Communication No. C- Freese and 19938 from the City Manager recommending that the City Council Nichols, Inc. authorize the City Manager to execute Amendment No. 2 to City Secretary Contract No. 27835 with Freese and Nichols, Inc. in the amount of $82,554.15 for the Holly/Northside II 54-inch Water Main Extension, Contract I, thereby increasing the contract amount to $1,066,503.15. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 12 of 17 C-19939 There was presented Mayor and Council Communication No. C- Carter & 19939 from the City Manager recommending that the City Council Burgess, Inc. authorize the City Manager to execute Amendment No. 2 to City Secretary Contract No. 28226 with Carter & Burgess, Inc. in an amount not to exceed $102,248.00 for sanitary sewer mains M-272B and M15R rehabilitation along Forest Park Boulevard, the Clear Fork Trinity River, Henderson Street, and Old Valley Street in the Central Business District, thereby increasing the contract amount to $222,217.00. It was the consensus of the City Council that the recommendation be adopted. C-19940 There was presented Mayor and Council Communication No. C- Dunaway 19940 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 29019 with Dunaway Associates, Inc. in the amount of $42,605.00 to provide for additional design and survey services for a water main extension to serve the Walsh Ranch Addition, Phase 1, thereby increasing the contract amount to $1,008,011.95. It was the consensus of the City Council that the recommendation be adopted. C-19941 There was presented Mayor and Council Communication No. C- Ord. #15836 19941 from the City Manager recommending that the City Council: McClendon Construction 1. Authorize the transfer of $98,823.50 from the Water and Sewer Company, Inc. Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15836 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $98,823.50 from available funds for the purpose of funding an award of contract to McClendon Construction Company, Inc. for reconstruction of Wimberly Street (Merrimac Street to Wingate Street) and associated sanitary sewer improvements; and 3. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of $203,179.25 for reconstruction of Wimberly Street, Contract 30, together with associated sanitary sewer improvements. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 13 of 17 C-19942 There was presented Mayor and Council Communication No. C- Ord. #15837 19942 from the City Manager recommending that the City Council: Toter, Inc. 1. Authorize an amendment to City Secretary Contract No. 28217 with Toter, Inc. for the purchase of an additional 17,340 garbage and recycling carts for the Environmental Management Department's Solid Waste Division; and 2. Adopt Appropriation Ordinance No. 15837 increasing estimated receipts and appropriations in the Solid Waste Fund in the amount of $558,001.00 for Fiscal Year 2003-2004, for the purpose of funding the purchase of an additional 17,340 garbage and recycling carts. It was the consensus of the City Council that the recommendation be adopted. C-19943 There was presented Mayor and Council Communication No. C- Steve Dake 19943 from the City Manager recommending that the City Council Construction authorize the City Manager to execute Change Order No. 3 to City Secretary Contract No. 28586, a construction contract with Steve Dake Construction for renovation of Digester No. 13 at the Village Creek Wastewater Treatment Plant in the amount of $40,870.00, thereby increasing the contract amount to $403,970.00. It was the consensus of the City Council that the recommendation be adopted. C-19944 There was presented Mayor and Council Communication No. C- Archer Western 19944 from the City Manager recommending that the City Council Contractors, Ltd. authorize the City Manager to execute a contract with Archer Western Contractors, Ltd. In the amount of $4,362,000.00 for Village Creek Wastewater Treatment Plant Odor Control Improvements, Phase 1. It was the consensus of the City Council that the recommendation be adopted. ZC-03-309 It appeared that the City Council, at its meeting of January 13, Continued Until 2004, continued the hearing of the application of Timberwood, Inc. February 10, for a change in zoning of property located in the 9000 Block of 2004 Racquet Club and 800 Block of Clay Court Circle from "F" General Commercial and "CR" Low Density Multifamily to "AR" One-Family Restricted, Zoning Docket No. ZC-03-309. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 14 of 17 There being no one present desiring to be heard in connection with the application of Timberwood, Inc., Council Member Haskin made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-03-309 be continued until February 10, 2004. The motion carried unanimously. ZC-03-320A Council Member Davis made a motion, seconded by Council SP-03-055 Member Stevenson, that the application of City of Fort Worth Continued Until Planning Department for a change in zoning of property located at February 24, 2601 W. 7t" Street from "J" Medium Industrial to "PD/SU" Planned 2004 Development/Specific Use for High Intensity Mixed-Use development, Zoning Docket No. ZC-03-320A and Site Plan No. SP- 03-055, be continued until February 24, 2004. The motion carried unanimously. Zoning Hearing It appeared to the City Council that the Notice of Public Hearing set 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, on December 29, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-04-012 There being no one present desiring to be heard in connection with Ord. #15839 the Text Amendment permitting town houses and rowhouses in the Text "H" Central Business District exempting residential developments Amendment in the "H" District from density requirements, and regulating Approved access to townhouses and rowhouses in the "H" District, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, that Zoning Docket No. ZC-04-012 be approved by deleting "rear" from the second paragraph of page 5, Section 4, under 4.906.0 — Property Development Standards. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 15 of 17 ORDINANCE NO. 15839 AN ORDINANCE AMENDING THE 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 THE NONRESIDENTIAL AND RESIDENTIAL USE TABLES IN CHAPTER 4, "DISTRICT REGULATIONS" TO PERMIT ONE-FAMILY ATTACHED (TOWNHOUSE, ROWHOUSE) IN THE CENTRAL BUSINESS ("H") DISTRICT; BY AMENDING SECTION 4.906 OF CHAPTER 4, "DISTRICT REGULATIONS" TO EXEMPT THE PROPERTY DEVELOPMENT STANDARDS OF "H" CENTRAL BUSINESS DISTRICT FOR ONE-FAMILY ATTACHED (TOWNHOUSE, ROWHOUSE) FROM RESTRICTIONS TO RESIDENTIAL DENSITY; TO REQUIRE A 20 FOOT PRIVATE COMMON ACCESS EASEMENT; AND TO AMEND SECTION 9.101 OF CHAPTER 9 TO ADD A DEFINITION FOR "PRIVATE COMMON ACCESS EASEMENT"; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AND EFFECTIVE DATE. The motion carried unanimously. ZC-03-268 It appeared that the City Council, at its meeting of January 13, Special Hearing 2004, continued the hearing of the application of Restoration Continued for Properties for a change in zoning of property located at 4759 One Week Hampshire Blvd from "B" Two-Family to "PS/SU" Planned Development/Specific Use for all uses in "B" Two-Family plus continued use of a fourplex. Waiver of site plan requested, Zoning Docket No. ZC-03-268. Mayor Moncrief asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Restoration Properties, Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-03-268 be continued for one week. The motion carried unanimously. Citizen Mr. John Prater, 3820 Marks, appeared before Council relative to Presentations waste pickup and handicap violator problems. He recommended John Prater that the contractor be given a 90-day grace period in which to get problems under control and then incur fines if the problems are not resolved. He added that individuals were abusing handicapped privileges by parking in reserved parking areas although they are not handicapped or have a handicapped person in the car. He asked the City to enforce the ordinance. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 16 of 17 John Suggs Mr. John Suggs, 2504 Marigold Avenue, appeared before Council relative to economic development and homeless issues. He made the following recommendations to address opportunities for the homeless: 1. Find a way to fund the bottle bounty program. 2. Make economic development a priority for poor and homeless people. 3. Partner with the Day Labor Center to clean up the inner City. He added that homeless people did want to work but they needed opportunities to do so. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:09 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) Legal issues concerning amendments to the employees' retirement fund ordinance; b) Claim concerning the Leggett property at IH-820 and Randol Mill Road; c) Werthmann v. City of Fort Worth, Cause No. 48- 196447-02; d) Legal issues concerning the building demolition process; e) Legal issues concerning the renewal of cable franchise with Charter Communications; f) Legal issues concerning any item listed on today's City Council meeting agendas; CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 20, 2004 PAGE 17 of 17 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 551.076 of the Texas Government Code. 5. Deliberate concerning the appointment of City Secretary, as authorized by Section 551.074 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:23 p.m. Adjournment There being no further business, the meeting was adliourneAd at A13 p.m. CITY CRETARY M OR