Loading...
HomeMy WebLinkAbout2004/02/24-Minutes-City Council CITY COUNCIL MEETING FEBRUARY 24, 2004 Date & Time On the 24th day of February, 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; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, and John Stevenson; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Mayor Pro tempore Ralph McCloud was absent and Council Member Wendy Davis was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Father Sal Stefula, St. Thomas the Apostle Catholic Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Moss, seconded by Council Member Lane, the minutes of the regular meeting of February 17, 2004, 2003, were approved unanimously. Council Member Davis assumed her chair. Special Council Member Davis presented a Proclamation for Cowtown Presentations Marathon 10K and 5K Day. Announcements Mayor Moncrief announced that today was City Secretary Gloria Pearson's last Council meeting, as she would retire March 1, 2004. He expressed appreciation from the Council and City for her years of service with the City of Fort Worth and wished her well. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. L-13765 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Stevenson, the consent agenda, as amended, was adopted unanimously. Appointments Mayor Moncrief requested Council to consider the following appointments and reappointments to board and commissions as indicated effective February 24, 2004 and with terms expiring as reflected: CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 2 of 20 a. Reappoint Steve Montgomery to the City Plan Commission with a term expiring October 1, 2005. b. Reappoint Daniel Hernandez to the City Zoning Commission and Fort Worth Alliance Airport Zoning Commission, and Scenic Preservation and Design Review Commission with a term expiring October 1, 2005. c. Appoint Bo Cung to the Board of Adjustment and Fort Worth Alliance Airport Board of Adjustment with a term expiring October 1, 2005. Council Member Silcox made a motion, seconded by Council Member Davis, that the reappointments and appointments recommended by Mayor Moncrief be approved. The motion carried unanimously. Mayor Moncrief expressed appreciation to Craig Harbuck for his dedicated service to the Board of Adjustment and advised Council he was appointing Mr. Harbuck effective April 1, 2004 and Ms. Ramona Utti to the Fort Worth Housing Authority effective February 24, 2004 and with a terms expiring January 31, 2006. Res. #3046 There was presented Resolution No. 3046 nominating Miramar Nominating Designs, Ltd. as an Enterprise Project pursuant to the Texas Miramar Enterprise Zone Act, Chapter 2303, of the Texas Government Code. Designs, Ltd. Council Member Davis made a motion, seconded by Council Member Stevenson, that the resolution be adopted. The motion carried unanimously. C.P. #238 There was presented Council Proposal No. 238 proposing that the Continued for City Council rename Houston Street to Albert E. Chew Drive One Week requested by Shiloh Baptist Church. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 3 of 20 Res. #3047 There was presented Resolution No. 3047 designating and Designating & appointing members to the Citizens' Cable Television Assessment Appointing Advisory Committee as follows: Members to Citizens' Cable Voting Members: Television Mayor's appointment: Bob Frost Assessment Council District 2 appointment: Frank Urquidez Advisory Council District 3 appointment: Committee Council District 4 appointment: Elizabeth Barron Council District 5 appointment: Council District 6 appointment: Jeff Menges Council District 7 appointment: Gary McBride Council District 8 appointment: Jeff Empante Council District 9 appointment: Randy Means Telecommunications expert: Jill Darden Telecommunications expert: Gyna Bivens Ex-Offico Members: Telecommunications expert: Pat Svacina City Managers Cable Services Randy Westerman City Legal Department Peter Vaky Fort Worth I.S.D. Channel Manager Valerie Robertson Mayor Moncrief stated that Bob Frost would chair this committee. Council Member Silcox stated that his appointee would be Dan Penner and requested the resolution be amended to reflect the appointment. Council Member Davis made a motion, seconded by Council Member Stevenson, that the resolution adopted as amended. The motion carried unanimously. Salary Council Member Davis recommended that salaries for the City Adjustments for Manager, City Attorney, City Secretary, and City Auditor be Appointed adjusted to 1.5 percent with an effective date of January 1, 2004. Officials After discussion among council members, Council Member Davis made a motion, seconded by Council Member Stevenson that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 4 of 20 OCS-1401 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1401 from the Office of the City Secretary recommending that the City Council authorize the acceptance of these liability bonds, as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Alaniz Bros. Concrete Western Surety Company All Green Landscape Old Republic Surety Company Bar S Dozer Service RLI Insurance Company Choice Concrete, Inc. Suretec Insurance Company Doall Construction Western Surety Company HCBeck, Ltd. United States Fidelity& Guaranty Company Landan Concrete, Inc. Merchants Bonding Company Linbeck Construction Corporation Willis North America, Inc. M 1 Contractors Western Surety Company Patterned Concrete by Rey RLI Insurance Company Rog's Concrete-Texas, Inc. Western Surety Company Sizelove Construction Company Inc. American States Insurance Company Stovall Construction, Inc. RLI Insurance Company CANCELLATIONS CONTRACTOR'S BOND CANCELLATION DATE INSURANCE CO. Buffalo Construction, Inc. February 17, 2004 Continental Casualty Company K.B. Alexander Co. of January 25, 2004 Hartford Fire Insurance Texas, Inc. Company Onfiber Communications, Inc. February 19,2004 Continental Casualty Company Professional Service Industrial December 20, 2003 Professional Service Industrial OCS-1402 There was presented Mayor and Council Communication No. OCS- Claims 1402 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. G-14267 There was presented Mayor and Council Communication No. G- Extend Injury 14267 from the City Manager recommending that the City Council Leave-of- approve a second extension of injury leave-of-absence for Police Absence Pay Officer Linda M. Romero retroactively from June 16, 2003, and Benefits for continue through March 15, 2004. It was the consensus of the City Police Officer Council that the recommendation be adopted. Linda M. Romero CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 5 of 20 G-14268 There was presented Mayor and Council Communication No. G- Ord. #15882 14268 from the City Manager recommending that the City Council Application of consider and adopt the findings and opinions of the City staff ; and Continental find that the public necessity and convenience require the Limousine, Inc. operation of five (5) limousines upon the City streets, alleys and to Operate Five thoroughfares; and adopt Ordinance No. 15882 granting to Limousines Continental Limousine, Inc., the privilege to use the streets, alleys and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of five limousines for a period beginning on March 2, 2004, and ending on March 1, 2009; and such ordinance being subject to and conditioned upon Continental Limousine, Inc. complying with all requirements of Article IV, Chapter 34, of the Code of the City of Fort Worth (2003), as amended. It was the consensus of the City Council that the recommendation be adopted. G-14269 There was presented Mayor and Council Communication No. G- Ord. #15883 14269 from the City Manager recommending that the City Council Grant from authorize the City Manager to accept a grant, if awarded, from the Texas Texas Department of Health (TDH) Zoonosis Control Division Department of Animal Friendly License Plate Spay/Neuter Program in an amount Health for not to exceed $50,000.00; and authorize the City Manager to Animal Friendly execute the TDH Zoonosis Control Division Spay/Neuter Project License Plate Grant contract, if awarded; and adopt Appropriation Ordinance No. Spay/Neuter 15883 increasing estimated receipts and appropriations in the Program Grants Fund in the amount of $50,000.00, subject to receipt of the grant from the Texas Department of Health Zoonosis Control Division's Spay/Neuter Project Grant, for the purpose of funding the sterilization of dogs and cats. It was the consensus of the City Council that the recommendation be adopted. G-14270 There was presented Mayor and Council Communication No. G- Ord. #15884 14270 from the City Manager recommending that the City Council Routine Airport authorize the City Manager to accept a $60,000.00 Routine Airport Maintenance Maintenance Project Grant for Fort Worth Meacham International Project Grant for Airport from the Texas Department of Transportation Aviation Fort Worth Division; and authorize the transfer of $30,000.00 from the Meacham Municipal Airport Fund to the Airport Grants Fund for the City's International match; and adopt Appropriation Ordinance No. 15884 increasing Airport estimated receipts and appropriations in the Airport Grants Fund in the amount of $60,000.00, contingent upon receipt of a grant from the Texas Department of Transportation, Aviation Division, for the purpose of funding routine airport maintenance at Fort Worth's Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 6 of 20 G-14271 There was presented Mayor and Council Communication No. G- Ord. #15885 14271 from the City Manager recommending that the City Council Routine Airport authorize the City Manager to accept a $10,000.00 Routine Airport Maintenance Maintenance Project Grant for Fort Worth Spinks Airport from the Project Grant for Texas Department of Transportation Aviation Division; and Fort Worth authorize the transfer of $5,000.00 from the Municipal Airports Spinks Airport Fund to the Airport Grants Fund as the City's match; and adopt Appropriation Ordinance No. 15885 increasing estimated receipts and appropriations in the Airport Grants Fund in the amount of $10,000.00, contingent upon receipt of a grant from the Texas Department of Transportation, Aviation Division, for the purpose of funding routine airport maintenance at Fort Worth's Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing on the expansion and designation of the Stop Six Area as a Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Reinvestment Zone. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Chris Anderson, representing the Housing Department, appeared before Council, gave a staff report, called attention to Mayor and Council Communication No. G-14272 as follows: G-14272 There was presented Mayor and Council Communication No. G- Res. #3048 14272 from the City Manager recommending that the City Council Ord. #15886 adopt Resolution No. 3048 expanding the Stop Six Neighborhood Designate Stop Empowerment Zone; and hold a public hearing concerning the Six Area as a designation of the Stop Six area as Fort Worth Neighborhood Neighborhood Empowerment Reinvestment Zone No. 17; and adopt Ordinance Empowerment No. 15886 designating a certain area in the City of Fort Worth as Zone & Fort "Neighborhood Empowerment Reinvestment Zone No. 17, City of Worth Fort Worth, Texas"; providing the effective and expiration dates for Neighborhood the Zone and a mechanism for renewal of the Zone; and containing Empowerment other matters related to the Zone. Reinvestment Zone No. 17 There being no one present desiring to be heard in connection with the public hearing concerning the expansion and designation of the Stop Six Area as a Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Reinvestment Zone, Council Member Moss made a motion, seconded by Council Member Lane, that the public hearing be closed and Mayor and Council Communication No. G-14272 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 7 of 20 G-14273 There was presented Mayor and Council Communication No. G- Declare 14273 from the City Manager recommending that the City Council: Sufficiency of 1. Find that the petition for establishment of the proposed Fort Petition, Worth Improvement District No. 12 (Chapel Hill Residential Authorize Notice Area) contains sufficient signatures and meets other & Set Public requirements of Chapter 372, Subchapter A, Section 372.005 Hearing Date for of the Texas Local Government Code (the Public Establishment of Improvement District Assessment Act); and Fort Worth Improvement 2. Direct the City Secretary to file Informal Report No. 8572 District No. 12 containing the information as required by Chapter 372, (Chapel Hill Subchapter A; and Residential 3. Set March 23, 2004, at 10:00 a.m., as the date and time to Area) consider the following matters: (a) The advisability of establishing the proposed district; and (b) The general nature of the proposed improvements and/or services; and (c) The estimated costs of the improvements and/or services; and (d) The boundaries of the proposed improvement district; and (e) The proposed method of assessment; and 4. Direct the City Secretary to give notice of the public hearing in accordance with state law. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-14274 There was presented Mayor and Council Communication No. G- Ord. #15887 14274 from the City Manager recommending that the City Council Delete Street adopt Ordinance No. 15887 finding that conditions have materially Reconstruction changed so that the reconstruction of Amanda Avenue between of Amanda Rosedale Street and Ramey Avenue as included in the 1998 Capital Avenue from Improvement Program is no longer necessary and unwise; 1998 Capital authorizing the transfer of 1998 Capital Improvement Program Improvement Funds designated for Amanda Avenue to the reconstruction of Program & South Hughes Avenue between Ida Way and Martin Luther King Establish Freeway; and authorize transfer of these funds for the Reconstruction reconstruction of South Hughes Avenue from Ida Way to Martin of South Hughes Luther King Freeway. Council Member Moss made a motion, Avenue seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 8 of 20 G-14275 There was presented Mayor and Council Communication No. G- Ord. #15888 14275 from the City Manager recommending that the City Council Delete Street adopt Ordinance No. 15888 finding that conditions have materially changed so Reconstruction that the reconstruction of Sylvania Avenue from Riverside Drive to 500 feet of Sylvania north as included in the 1998 Capital Improvement Program is no longer Avenue from necessary and unwise; authorizing the transfer of 1998 Capital Improvement 1998 Capital Program Funds designated for Sylvania Avenue to the reconstruction of Improvement Canberra Court from Thannisch Avenue to Berry Hill Street; and authorize Program & transfer of these funds for the reconstruction of Canberra Court from Thannisch Establishing Avenue to Berry Hill Street. Council Member Moss made a motion, Reconstruction seconded by Council Member Haskin, that the recommendation be of Canberra adopted. The motion carried unanimously. Court G-14276 There was presented Mayor and Council Communication No. G- Ord. #15889 14276 from the City Manager recommending that the City Council Adopt 2004 adopt Ordinance No. 15889 adopting the City of Fort Worth 2004 Comprehensive Comprehensive Plan; analyzing population, economic and financial Plan trends; describing municipal services and facilities; describing economic and technological issues affecting development; describing implementation tools; dividing the City into 16 planning sectors; providing maps describing proposed future land uses and recommended land use policies for each sector; establishing goals and recommended policies. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Council Member Moss excused himself from the Council table at this time. G-14277 There was presented Mayor and Council Communication No. G- Ord. #15890 14277 from the City Manager recommending that the City Council Monetary accept funds in the amount of $1,000.00 from Halloween Event, Donations & Use $300.00 from Laurie and Michael Heinz, $100.00 from James and of Funds by Fire Catherine Kerrigan, and $25.00 from Karen and Jeffrey Cebulske Safety for the Fire Safety House; and adopt Appropriation Ordinance No. Education Trust 15890 increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $1,425.00 from available funds for the purpose of funding the Fire Safety House. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted with appreciation. The motion carried unanimously. G-14278 There was presented Mayor and Council Communication No. G- CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 9 of 20 Res. #3049 14278 from the City Manager recommending that the City Council Open Space approve Resolution No. 3049 authorizing the dedication of 12.07 Dedication at acres in North Community Park as an open space area in North accordance with the Texas Parks and Wildlife Department Outdoor Community Park Recreation Grant Contract No. 50-00246. Within this open space there will be no permanent structures built. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. P-9914 There was presented Mayor and Council Communication No. P- Printers & 9914 from the City Manager recommending that the City Council Maintenance authorize an agreement for a three-year lease of two printers and Service maintenance service from Dahill Industries, Inc. for the Water Department based on the low bid meeting specifications with payment due 30 days after receipt of the invoice; and authorize the agreement to begin February 26, 2004, and expire February 28, 2007. Council Member Picht made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. P-9917 There was presented Mayor and Council Communication No. P- Mainframe 9917 from the City Manager recommending that the City Council Computer authorize a purchase agreement for the maintenance of the City's Hardware IBM 3000-H30 mainframe computer and IBM 9393 data storage Maintenance array from Mainline Information Systems, Inc. using the State of Texas Catalogue Purchasing Procedure at a first year cost estimated to be $38,266.00; and authorize this agreement to begin March 1, 2004, and expire February 28, 2005, with options to renew at the City's discretion for two additional one-year periods; and ratify payment to Mainline Information System, Inc. for equipment maintenance for the month of February 2004, for an estimated amount of $3,881.00. It was the consensus of the City Council that the recommendation be adopted. P-9918 There was presented Mayor and Council Communication No. P- Service Trucks, 9918 from the City Manager recommending that the City Council Compressor & authorize the purchase of two new service trucks with backhoe, Crane compressor and crane from Fort Worth Freightliner for the Water Department based on the low bid not to exceed $190,690.00. Payment is due 30 days from the date the invoice is received with delivery included in the cost of the equipment. It was the consensus of the City Council that the recommendation be adopted. P-9919 There was presented Mayor and Council Communication No. P- CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 10 of 20 Publication of 9919 from the City Manager recommending that the City Council Official Notices, authorize a purchase agreement with the Commercial Recorder for Discretionary publication of official notices and discretionary advertisements as Advertisements, deemed necessary with the Commercial Recorder, and name the Personnel Commercial Recorder as the City's official newspaper; and Advertisements authorize a purchase agreement with the Fort Worth Star-Telegram for publication of display advertisements, personnel advertisements, sex offender notices, and discretionary advertisements as deemed necessary with the Fort Worth Star- Telegram; and authorize these agreements to begin March 1, 2004, and expire February 28, 2005; and 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-9920 There was presented Mayor and Council Communication No. P- Radios, Radio 9920 from the City Manager recommending that the City Council Parts, authorize a purchase agreement with Motorola Communications, Equipment, & Inc. (Motorola) for the purchase of radios, radio parts and Radio Repair equipment, and radio repair services using the Houston-Galveston Services Area Council Contract (HGAC) RA00-70 agreement; and authorize this agreement to begin February 24, 2004, and expire December 31, 2004, with options to renew for three one-year periods subject to HGAC renewing or issuing a new contract to Motorola for similar equipment and services. It was the consensus of the City Council that the recommendation be adopted. Council Member Moss assumed his chair. P-9921 There was presented Mayor and Council Communication No. P- Mainframe 9921 from the City Manager recommending that the City Council Computer authorize a joint purchase agreement for mainframe computer Equipment peripheral equipment maintenance with Computer Specialists, Inc. Maintenance and Business Enterprise Services, Inc. d/b/a e.Content Solutions for the Information Technology Solutions Department; and reject the proposals for off-site secure storage of magnetic tape media; and authorize the purchase agreement to begin March 1, 2004, and expire February 28, 2005, with options to renew for two additional one-year periods. Council Member Silcox made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. P-9922 There was presented Mayor and Council Communication No. P- CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 11 of 20 Mainframe 9922 from the City Manager recommending that the City Council Computer authorize a purchase agreement for the lease of system software System Software for the mainframe computer on the basis of sole source, from IBM Corporation, at an estimated first year cost $319,500.00; and authorize this agreement to begin March 1, 2004, and expire February 28, 2005, with options to renew for three additional one- year periods. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Council Member Lane excused himself from the table at this time. P-9923 There was presented Mayor and Council Communication No. P- Service Trucks 9923 from the City Manager recommending that the City Council authorize cancellation of the original award for the purchase of seven new service trucks to Village Auto Group by M&C P-9837 dated August 26, 2003, and M&C P-9886 dated December 16, 2003; and authorize a new award for the purchase of seven new service trucks to Westway Ford for multiple departments at the original awarded cost, not to exceed $206,760.00, with payment due within 30 days of the date of the invoice and freight is included in the unit price. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. P-9924 There was presented Mayor and Council Communication No. P- Local Telephone 9924 from the City Manager recommending that the City Council Service authorize the City Manager to amend the purchase agreement with Southwestern Bell Communications (SBC) to include non-Plexar local telephone services using State of Texas (TEX-AN 2000) pricing for the period April 1, 2004, through March 31, 2006; and confirm payments for local telephone service (February and March 2004) with SBC under this agreement for an estimated amount of $450,000.00. City Manager Jackson stated that the last paragraph of Discussion section of the M&C needed to be amended to insert "not" between "...did..." and "...appropriate...". Council Member Lane assumed his chair. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 12 of 20 L-13763 There was presented Mayor and Council Communication No. L- Sanitary Sewer 13763 from the City Manager recommending that the City Council Easement approve the acceptance of one permanent sanitary sewer easement described as A-955, JMC Lynch Survey, Tarrant County, Texas from AMLI Residential Properties for property located along West 7t" Street, West of the Trinity River (DOE 3770) needed for future development south of 7t" Street Addition for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13764 There was presented Mayor and Council Communication No. L- Sanitary Sewer 13764 from the City Manager recommending that the City Council Easement approve the acceptance of a permanent sanitary sewer easement described as A-999, Tract 12E02, William McCowens Survey, Tarrant County, Texas from the Anna N. Randall Trust for property located at 10620 Old Denton Road for a proposed water and sanitary sewer line (DOE 3311) needed to construct a sanitary sewer line extension to serve properties near Old Denton Road and Golden Triangle Boulevard for a cost $250.00. It was the consensus of the City Council that the recommendation be adopted. L-13765 There was presented Mayor and Council Communication No. L- Unimproved 13765 from the City Manager recommending that the City Council Ground Lease authorize the City Manager to execute an Unimproved Ground Agreement with Lease with Mandatory Improvements with Clendenen Development Clendenen Company for approximately 56,784 square feet of land at Fort Development Worth Spinks Airport. Company City Manager Jackson stated that the second sentence in the second paragraph in the Discussion section of the M&C needed to be amended to read, "The initial term of the lease will commence on the date of execution." Council Member Stevenson made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. L- 13765 be adopted as amended. The motion carried unanimously. L-13766 There was presented Mayor and Council Communication No. L- Unimproved 13766 from the City Manager recommending that the City Council Ground Lease authorize the City Manager to execute an Unimproved Ground Agreement with Lease with Mandatory Improvements with T.L. Cross Aviation, Inc. T.L. Cross for approximately 18,000 square feet of land at Fort Worth Spinks Aviation, Inc. Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 13 of 20 L-13767 There was presented Mayor and Council Communication No. L- Unimproved 13767 from the City Manager recommending that the City Council Ground Lease authorize the City Manager to execute an Unimproved Ground Agreement with Lease with Mandatory Improvements with WTW Properties, Inc., a WTW Properties, subsidiary of XTO Energy, Inc., for approximately 114,560 square Inc., a feet of land at Fort Worth Meacham International Airport. Council Subsidiary of Member Lane made a motion, seconded by Council Member Silcox, XTO Energy, Inc. that the recommendation be adopted. The motion carried by the following vote: AYES: Council Members Lane, Silcox, Haskin, Moss, Picht, Stevenson, and Davis NOES: None ABSENT: Mayor Pro tempore McCloud NOT VOTING: Mayor Moncrief PZ-2521 There was presented Mayor and Council Communication No. PZ- Ord. #15891 2521 from the City Manager recommending that the City Council Annexation of institute and consider adopting Ordinance No. 15891 declaring Approximately certain findings; providing for the extension of certain boundary 105 Acres of limits of the City of Fort Worth; providing for the annexation of Land located approximately 105 acres (0.164 square miles) of land, more or less, North of Park situated in the Texas & Pacific Railroad Company No. 29 Survey, Drive, South Abstract No. 1568 and the Alexander, Crain, Harris and Brooks Bonds Ranch Survey, Abstract No. 55, Tarrant County, Texas, being a portion of Road, East of that same tract of land (Tract 1) as described in deed to Bonds Boat Club Road, Ranch Investors, Ltd., FKA Hicks Road Investors, Ltd., (Case No. & West of AX-04-001) which said territory lies adjacent to and adjoins the Business present corporate boundary limits of Fort Worth, Texas; providing Highway 287 that the territory annexed shall bear its pro rata part of taxes; (Annexation providing that the inhabitants thereof shall have all the privileges Case of all the citizens of Fort Worth, Texas; providing that this #AX-04-001, ordinance shall amend every prior ordinance in conflict herewith. Lago Vista & It was the consensus of the City Council that the recommendation Bonds Ranch) be adopted. C-19971 There was presented Mayor and Council Communication No. C- James D. Finley 19971 from the City Manager recommending that the City Council Company authorize the City Manager to enter into a consent agreement with the James D. Finley Company authorizing use of the right-of-way for a sign, canopies, and cornice above the sidewalk on Texas Street. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 14 of 20 C-19972 There was presented Mayor and Council Communication No. C- A.N.A. 19972 from the City Manager recommending that the City Council Consultants, authorize the City Manager to execute an engineering agreement L.L.C. with A.N.A. Consultants, L.L.C. in the amount of $227,193.00 for the design of water and sanitary sewer extensions to serve the Broadmoor Addition. It was the consensus of the City Council that the recommendation be adopted. C-19973 There was presented Mayor and Council Communication No. C- Ord. #15892 19973 from the City Manager recommending that the City Council Wade & authorize the transfer of $363,756.00 from the Water and Sewer Associates, Inc. Operating Fund to the Water Capital Project Fund in the amount of $124,030.42, and the Sewer Capital Project Fund in the amount of $239,725.58; and adopt Appropriation Ordinance No. 15892 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $124,030.42 and the Sewer Capital Project Fund in the amount of $239,425.58 from available funds for the purpose of funding an engineering agreement with Wade & Associates, Inc. for Sanitary Sewer Rehabilitation Contract LX (60); and authorize the City Manager to execute an engineering agreement with Wade & Associates, Inc. in the amount of $348,756.00 for Sanitary Sewer Rehabilitation Contract LX (60). It was the consensus of the City Council that the recommendation be adopted. C-19974 There was presented Mayor and Council Communication No. C- City of Grand 19974 from the City Manager recommending that the City Council Prairie authorize the City Manager to execute a Compromise Settlement Agreement with the City of Grand Prairie for payment of impact fees. It was the consensus of the City Council that the recommendation be adopted. C-19975 There was presented Mayor and Council Communication No. C- Harris Methodist 19975 from the City Manager recommending that the City Council Hospital authorize the City Manager to enter into a consent agreement with Harris Methodist Hospital authorizing use of the right-of-way for a data conduit under Terrell Street. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. Council Member Picht excused himself from the table at this time. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 15 of 20 C-19976 There was presented Mayor and Council Communication No. C- Fort Worth 19976 from the City Manager recommending that the City Council Independent approve recommended changes in the membership of the School District Coordinating Board for the "Fort Worth After School" program as requested by the Coordinating Board; and authorize the City Manager to amend the current Interlocal Agreement to reflect those changes. Council Member Moss stated that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Council Members Lane, Silcox, Haskin, Stevenson, and Davis NOES: None ABSENT: Mayor Pro tempore McCloud and Council Member Picht NOT VOTING: Council Member Moss C-19977 There was presented Mayor and Council Communication No. C- Vernon Fisher 19977 from the City Manager recommending that the City Council authorize the City Manager to enter into a design contract with Vernon Fisher for design development of two sited paintings for the Fort Worth Convention Center in the amount of $18,240.00, as authorized on July 29, 2003 (M&C C-19682); and authorize the City Manager to enter into an artwork commission contract with Vernon Fisher for fabrication, delivery, ad installation of two sited paintings for the Fort Worth Convention Center, upon the City's approval of the artist's final design in the amount of $164,160.00, as authorized on July 29, 2003 (M&C C-19682); and authorize the City Manager to increase the artwork commission contract by an amount not to exceed $17,700.00 in contingency funds, as may be required based upon final budget estimates for a total not to exceed $200,100.00, as authorized on July 29, 2003 (M&C C-19682). Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 16 of 20 C-19978 There was presented Mayor and Council Communication No. C- Donald Lipski 19978 from the City Manager recommending that the City Council authorize the City Manager to enter into a design contract with Donald Lipski for design modifications and engineering for a sited sculpture for the Fort Worth Convention Center in the amount of $24,000.00, as authorized on July 29, 2003 (M&C C-19682); and authorize the City Manager to enter into an artwork commission contract with Donald Lipski for fabrication, delivery, and installation of a sited sculpture for the Fort Worth Convention Center upon the City's approval of the artist's final design in the amount of $216,000.00, as authorized on July 29, 2003 (M&C C- 19682); and authorize the City Manager to increase the artwork commission contract by an amount not to exceed $30,000.00 in contingency funds, as may be required based upon final budget estimates for installation for a total not to exceed $270,000.00, as authorized on July 29, 2003 (M&C C-19682). Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. Council Member Picht assumed his chair. C-19979 There was presented Mayor and Council Communication No. C- Ord. #15893 19979 from the City Manager recommending that the City Council AUI Contractors authorize the transfer of $3,968,711.02 from the Water and Sewer L.P. Fund to the Water Capital Project Fund in the amount of $1,499,823.38, and the Sewer Capital Project Fund in the amount of $2,468,887.64; and adopt Appropriation Ordinance No. 15893 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $1,499,823.38 and the Sewer Capital Project Fund in the amount of $2,468,887.64 from available funds for the purpose of funding a contract with AUI Contractors, L.P. for street reconstruction in Greenway Addition and associated water and sanitary sewer main improvements. Council Member Haskin made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. ZC-03-293 It appeared that the City Council, at its meeting of January 13, Approved 2004, continued the hearing of the application of Scott Homes for a change in zoning of property located at the 4000 block of Bonds Ranch Road from Unzoned to "A-10" One-Family, Zoning Docket No. ZC-03-293. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 17 of 20 There being no one present desiring to be heard in connection with the application of Scott Homes, Council Member Stevenson made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-293 be approved. The motion carried unanimously. ZC-03-309 It appeared that the City Council, at its meeting of February 17, Approved 2004, continued the hearing of the application of Timberwood, Inc. for a change in zoning of property located in the 9000 block of 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. Steve Burdick Mr. Steve Burdick, 844 Woodridge Drive, President, Bentley Village Homeowners Association, appeared before Council in support of the zoning change. He requested the following stipulations be added to the zoning: 1. Minimum 1300 square feet for one-story homes. 2. Minimum 1600 square feet for two story homes with 1000 square foot minimum lower. 3. Minimum 400 square foot, two-car garage. 4. Minimum 8:12-pitch roof; no 3-tab shingle. 5. Minimum 75 percent masonry. 6. Completion of proposed drain at rear of Lots 13-21. 7. No two story structures on Lots 13-21. 8. Platting to remain as is (40 foot lots). There being no one else 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 the Zoning Hearing be closed and that Zoning Docket No. ZC-03-309 be approved by amending the zoning to "PD/SU" Planned Development/Specific Use for all uses in "AR" One-Family Restricted with waiver of site plan and with stipulations as stated by Mr. Burdick. The motion carried unanimously. ZC-03-320A It appeared that the City Council, at its meeting of January 20, SP-03-055 2004, continued the hearing of City of Fort Worth Planning Continued Until Department for a change in zoning of property located at 2601 W. March 23, 2004 7t" Street from "J" Medium Industrial to "PD/MU" Planned Development/High Intensity Mixed Use with outdoor sales and storage of masonry/paving materials, fencing, plants/landscaping, CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 18 of 20 tool sheds, lawn equipment, and outdoor furniture permitted for both large retail developments and no deliveries by semi-trucks between 10:00 p.m. and 7:00 a.m., Zoning Docket No. ZC-03-320A and Site Plan No. SP-03-055. 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 City of Fort Worth Planning Department, Council Member Davis made a motion, seconded by Council Member Stevenson, that Zoning Docket No. ZC-03-320A and Site Plan No. SP-03-055 be continued until March 23, 2004. 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 Stevenson, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15894 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 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. Appointments Council Member Moss requested Council reconsider opening the Reconsideration appointments to allow him to make an appointment Council Member Silcox made a motion, seconded by Council Member Davis, to reconsider appointments at this time. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 19 of 20 Appointments Council Member Moss made a motion, seconded by Council Member Lane, to appoint Regina Blair to the Historic and Cultural Landmarks Commission effective February 24, 2004 and with a term expiring October 1, 2005. The motion carried unanimously. Executive It was the consensus of the City Council that they recess into Session Executive Session at 10:53 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 annexation; b) Legal issues concerning ZC-03-284 and SP-03-047, Waste Management of Texas, Inc. 3700 block of Linkcrest Drive; c) Legal issues concerning the regulation of sexually oriented businesses; d) Legal issues concerning the contract with the Fort Worth Transportation Authority; e) Legal issues concerning the solid waste collection contracts; f) Legal issues concerning any items 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 551.076 of the Texas Government Code. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 24, 2004 PAGE 20 of 20 Reconvened The City Council reconvened into regular session at 12:10 p.m. Adjournment There being no further business, the meeting was adjourned at 12:10 p.m. ��G Cl ECRETARY MAYOR