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HomeMy WebLinkAbout2004/06/15-Minutes-City Council CITY COUNCIL MEETING JUNE 15, 2004 Date & Time On the 15th day of June, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:20 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, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; Acting City Secretary Sylvia Glover. Council Member John Stevenson was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Associate Pastor Herb McGuin, Morningside United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes City Attorney Yett stated that that Mayor and Council Communication No. G-14379 on page 6 of the minutes needed to be amended to include a five-year Tax Abatement Agreement with North American Partners. Under the agreement, North American Partners must provide a 20 percent set aside of low-to-moderate income housing. He added that Council also imposed job creation goals; however, the goals did not affect the abatement. On motion of Council Member Davis, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of June 8, 2004, as amended, were approved unanimously. Special Mayor Pro tempore McCloud presented a Proclamation for Presentations Myasthenia Gravis Awareness Month. Ms. Rosa Navejar introduced Mr. Carlos Garcia de Alva, Mexican Consul General to Fort Worth. Mr. Garcia de Alva announced that the Mexican Consul would open its first satellite office in the Northside Community Center very soon and briefed Council on proposals to expand the relationship between the City and Mexico. Council Member Moss presented a Certificate of Recognition to Vernon V. Edwards for his service on the Board of Adjustment and Fort Worth Alliance Airport Board of Adjustment. Announcements Council Member Lane expressed appreciation to everyone, especially TXU, who worked so diligently to restore electrical power to various parts in the City after the recent rainstorm damage. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 2 of 17 Mayor Pro tempore McCloud invited everyone to attend the dedication of the Evans-Rosedale Plaza, June 19, 2004, at 10:00 a.m., and to remain throughout the day for festivities until 10:00 p.m. Council Member Davis stated that the City Council's thoughts and prayers were with Council Member and Mrs. Stevenson as she underwent surgery this morning. Withdrawn from Council Member Moss requested that Mayor and Council Consent Agenda Communication No. G-14389 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-14364 and G-14394 be withdrawn. Staff Mayor Pro tempore McCloud requested that Mayor and Council Communication Nos. G-14395 and G-14396 be continued until after the Executive Session. City Attorney Yett stated that staff recommended that Mayor and Council Communication No. G-14371 be continued until after the Executive Session. Council Member Silcox stated that since Mayor and Council Communication No. G-14364 had been withdrawn he wanted to advise Council he received information this morning that Cowboy Cab and Executive Taxi had agreed to the stipulations in the Mayor and Council Communication. He added that Yellow Cab had also agreed to the stipulations. Consent Agenda On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Moss made a motion, seconded by Council Member Lane, that Betty Bivens be appointed to the Library Advisory Board effective June 15, 2004, and with a term expiring October 1, 2005. The motion carried unanimously. Council Member Haskin stated that there were still two vacancies on the Human Relations Commission and that anyone interested could contact the Mayor or Council offices. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 3 of 17 Res. #3090 There was presented Resolution No. 3090 re-appointing members Reappointing to serve on the Fort Worth Arts Commission and filling two Members to Fort vacancies due to resignations. Worth Arts Commission and Board Member Term to Expire Filling Two Vacancies Javier Aldape Place 1 September 30, 2005 Anitra Blayton Place 3 September 30, 2005 Kirk Millican Place 5 September 30, 2005 Helen Sides Place 7 September 30, 2005 Mark Thistlethwaite Place 9 September 30, 2005 Andrea Karnes Place 2 September 30, 2004 Burl Washington Place 8 September 30, 2004 Council Member Moss made a motion, seconded by Council Member Lane, that the resolution be adopted. Resolution There was presented a resolution appointing the chairperson and Appointing certain members of the Board of Directors of Tax Increment Chairperson and Reinvestment Zone Number Nine, City of Fort Worth (Trinity River Members of Vision TIF). Board of Directors of Tax City Attorney Yett stated that staff recommended this item be Increment heard after Mayor and Council Communication No. G-14391. Reinvestment Zone #9 (Trinity River Vision TIF) - Heard after M&C G-14391 C.P. #245 There was presented Council Proposal No. 245 proposing that the Waive City Council consider a request to waive Community Facility Community Requirements for Loyd Henley Addition. Council Member Haskin Facility made a motion, seconded by Council Member Picht, that the Requirements Council Proposal be adopted. The motion carried unanimously. for Loyd Henley Addition OCS-1422 There was presented Mayor and Council Communication No. OCS- Claims 1422 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. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 4 of 17 OCS-1423 There was presented Mayor and Council Communication No. OCS- Res. #3091 1423 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 3091 setting the regular zoning Zoning Hearing hearing for July 13, 2004. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommended be adopted. The motion carried unanimously. G-14362 There was presented Mayor and Council Communication No. G- Res. # 3092 14362, dated May 18, 2004, from the City Manager recommending Participate in that the City Council adopt Resolution No. 3092 providing that the Tax Abatement City of Fort Worth ("City") elects to be eligible to participate in Tax and Adopt Tax Abatement authorized by Chapter 312 of the Texas Tax Code and Abatement establishing a Tax Abatement Policy Governing Subsequent Tax Policy Abatement Agreements; and establishes a Policy Statement, including guidelines and criteria, governing property tax abatements for the City of Fort Worth. The following individuals appeared before Council in support of the Tax Abatement Policy: Monte Elliott, Mr. Monte Elliott 6333 Meadows West Dan Villegas Represented the Fort Worth Black Chamber of Commerce Mr. Dan Villegas 13306 th Avenue Represented the Fort Worth Hispanic Chamber of Commerce Council Member Davis expressed appreciation to Council Member Moss, the Black and Hispanic Chambers of Commerce, Downtown Fort Worth Chamber, Hillwood Development, Radio Shack, The Project Group, Pier One, The Tower, and Assistant City Attorney Peter Vaky for all their work on this issue. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted with the following language agreed upon in Section 6 of the agreement that would form an amendment to the policy: 6.4. For the purposes outlined in the City's M/WBE Ordinance, agree, as a base goal, to undertake a good faith effort to spend at least twenty-five percent (25%) of total construction costs and at least twenty-five percent (25%) of annual Supply and Service Expenses with Fort Worth Certified M/WBE Companies, which goal may be increased or decreased by the City, after consultation with the Minority and Women Business Enterprise Advisory Committee, considering all applicable factors with regard to the specific Development Project, including, but not limited to, capacity, quality and price, and otherwise in accordance with the process applicable pursuant to the City's M/WBE Ordinance; and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 5 of 17 6.5. As part of the base goal established pursuant to Section 6.4 above, commit to spend a set amount or percentage of total construction costs and annual Supply and Service Expenses with Fort Worth Certified M/WBE Companies, which commitments will be agreed upon and set forth in the Tax Abatement Agreement and, if not met, will serve to reduce the value of Abatement in accordance with specific terms and conditions of the Tax Abatement Agreement; and 6.6. Commit to file a plan with the City as to how the goals and commitments for use of Fort Worth Certified M/WBE Companies will be attained, and in order to demonstrate compliance with that plan, (i) to file monthly reports with the City and the Minority and Women Business Enterprise Advisory Committee throughout the construction phase of any improvements required by the Tax Abatement Agreement reflecting then-current expenditures made with Fort Worth Certified M/WBE Companies, and (ii) from the start of the First Compliance Auditing Year (as defined in Section 8) until expiration of the Tax Abatement Agreement, to file quarterly reports with the City reflecting then- current expenditures made with Fort Worth Certified M/WBE Companies. Council Member Picht stated that the purpose of M/WBE was to provide more opportunities for minority businesses. He added that being a certified business was not relevant; the business must comply with contract specifications was relevant. Council Member Moss stated that the City needed to work on getting more M/WBE businesses certified. He added that minority businesses have learned to be competitive and provide service at a quality level. City Attorney Yett stated that in addition to the amendments made to the Tax Abatement Agreement, certain technical amendments were also made. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, and Davis NOES: Council Members Silcox and Picht ABSENT: Council Member Stevenson CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 6 of 17 G-14364 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-14364, dated May 18, 2004, Adoption of an Ordinance Amending City Code, Chapter 34, Vehicles for Hire, Article VI, Ground Transportation for Hire, Section 34-242, Minimum Number of Taxicabs Needed for Grant of Privilege, Limiting the Number of Taxicabs Authorized to Operate in the City of Fort Worth to 255 and Adopting a Formula Regulating the Number of Taxicabs Authorized to Operate on City Streets, Alleys and Thoroughfares, be withdrawn. G-14371 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-14371, dated May 25, 2004, Public Hearing After Executive and Adoption of an Ordinance Amending the Code of the City of Session Fort Worth, Chapter 34, Article V, Wreckers, be continued until after the Executive Session. Public Hearing It appeared that the City Council set today as the date for a public hearing designating Tax Increment Reinvestment Zone Number Ten, City of Fort Worth, Texas. Mayor Moncrief asked it there was anyone present desiring to be heard. Ms. Ardina Washington, representing the Economic and Community Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14382 as follows: G-14382 There was presented Mayor and Council Communication No. G- Ord. #16002 14382, dated June 8, 2004, from the City Manager recommending Designate Tax that the City Council hold a public hearing concerning the Increment designation of Tax Increment Reinvestment Zone Number Ten for Reinvestment tax increment financing purposes; and adopt Ordinance No. 16002 Zone Number designating a certain contiguous geographic area in the City of Ten, City of Fort Fort Worth as "Tax Increment Reinvestment Zone Number Ten, Worth, Texas City of Fort Worth, Texas" pursuant to the Special Property Tax Provisions, Tax Increment Financing Act, Tax Code, Chapter 311; creating a Board of Directors for the Zone; providing the effective and termination dates for the Zone; establishing a Tax Increment Fund for the Zone. Louis McBee Mr. Louis McBee, 1500 Oak Cliff Road, appeared before Council in opposition of this issue. He stated that information he had reviewed stated TIFs must be created in economically distressed areas. He added that the Alliance Corridor was not economically distressed. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 7 of 17 Assistant City Attorney Peter Vaky briefly outlined the criteria for TIF designation. There being no one else present desiring to be heard in the public hearing designating Tax Increment Reinvestment Zone Number Ten, City of Fort Worth, Texas, Council Member Davis made a motion, seconded by Council Member Lane, that the public hearing be closed and that the ordinance recommended in Mayor and Council Communication No. G-14382 be adopted with the addition of the following supplemental findings made by the City Council in support of its finding that the area to be designated as Tax Increment Reinvestment Zone Number Ten, City of Fort Worth, Texas currently substantially impairs and arrests the sound growth of the City: 1.8. The Comprehensive Plan recommends that the western portion of the Zone and areas west be developed as an industrial growth center (Alliance) and the eastern portion of the Zone and areas to the east be developed as a regional mixed-use growth center (Alliance Gateway West). Given the strategic location of the Zone, the City Council needs to ensure that development in this area conforms to that recommended by the Comprehensive Plan. The Comprehensive Plan states that a regional mixed-use growth center needs to have three of the following five criteria: (i) high employment concentration; (ii) high concentration of residents; (iii) one or more major transportation facilities, such as highways and arterial roadways; (iv) major institutions, such as a government facility; and (v) major tourist attractions attracting at least 100,000 visitors per year. Without the proposed Zone in place and the project plan that will govern its development, there is a substantial risk that the Zone will not develop in the sound manner recommended by the Comprehensive Plan. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 8 of 17 1.9. The Comprehensive Plan recommends a healthy balance of land use in the City so that sales tax collections can supplement and relieve emphasis of property tax as a City revenue source. This balance is vital to the City's continued healthy growth. The proposed Zone will implement a series of public improvements that will make the area within and around the Zone suitable for retail development, a type of development that is largely absent in the far north sector of the City. The location of the Zone, at the intersection of I- 35W and SH170, is one of the few ideal places in this part of the City that are suitable for significant retail development. Without the controls afforded by the Zone and its related project plan, the City will lose an opportunity to ensure the sound growth of this area. 1.10. The proposed Zone surrounds approximately 164 acres of underdeveloped land currently in the City's extraterritorial jurisdiction ("ETJ"). The Comprehensive Plan recommends that the City promote orderly development in the City's ETJ. Designation of the Zone and implementation of the Zone's project plan will ensure that wise growth patterns will continue to take effect in this area as the City expands, planned growth that would not otherwise be assure but for designation of the Zone. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, and Davis NOES: Council Members Silcox and Picht ABSENT: Council Member Stevenson G-14394 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-14394, Authorization to Enter a Lease Agreement with Pocket Theatre, Inc., d/b/a Hip Pocket Theatre, for a Ten Acre Tract of Land on Silver Creek Road in West Fort Worth, be withdrawn. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 9 of 17 There was presented Mayor and Council Communication No. G- G-14394 14394 Corrected, from the City Manager recommending that the (Corrected) City Council authorize the City Manager to enter a five-year lease Lease agreement with Pocket Theatre, Inc., d/b/a Hip Pocket Theatre, for a Agreement with Eleven Acre Tract of land on Silver Creek Road in West Fort Worth. Pocket Theatre, Council Member Davis made a motion, seconded by Council Inc. d/b/a Hip Member Lane, that the recommendation be adopted. The motion Pocket Theatre carried unanimously. G-14386 There was presented Mayor and Council Communication No. G- Ord. #16003 14386 from the City Manager recommending that the City Council Grant authorize the City Manager to apply for and accept, if awarded, a Application to grant of up to $220,000.00 from the U.S. Department of Housing U.S. Department and Urban Development for Housing Counseling Services; and of Housing and adopt Appropriation Ordinance No. 16003 increasing estimated Urban receipts and appropriations in the Grants Fund in the amount of Development $220,000.00, subject to receipt of a grant from the U.S. Department of Housing and Urban Development for the purpose of funding Housing Counseling Services; and certify that the activities to be funded with the Housing Counseling Services funds are consistent with the City's Consolidated Plan. It was the consensus of the City Council that the recommendation be adopted. G-14387 There was presented Mayor and Council Communication No. G- LPAFA with 14387 from the City Manager recommending that the City Council TxDOT for authorize execution of the Local Transportation Project Advance Congestion, Funding Agreement (LPAFA) with the Texas Department of Mitigation and Transportation (TxDOT) and approve the City's share of the cost Air Quality estimated to be $62,000.00; and authorize the City Manager to remit Funding for On- a check in amount of $2,500.00 made payable to TxDOT for Street Bicycle administration of the project as required by the LPAFA. It was the Routes consensus of the City Council that the recommendation be adopted. G-14388 There was presented Mayor and Council Communication No. G- Temporary 14388 from the City Manager recommending that the City Council Closure of West authorize the temporary closure of West Cleburne Road from Cleburne Road McPherson Boulevard to North Crowley-Cleburne Road (DOE 3774) beginning June 21, 2004 until August 2, 2004. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 10 of 17 G-14389 There was presented Mayor and Council Communication No. G- Ord. #16004 14389 from the City Manager recommending that the City Council Grant Contact authorize the City Manager to apply for, accept if awarded and with Texas execute a grant contract with the Texas Department of Health, Department of Bureau of Chronic Disease and Tobacco Prevention in the amount Health, Bureau of $80,000.00 to be used to provide community-based diabetes of Chronic prevention and management programs from September 1, 2004 Disease and through August 31, 2005; and adopt Appropriation Ordinance No. Tobacco 16004 increasing estimated receipts and appropriations in the Prevention for Grants Fund in the amount of $80,000.00, subject to receipt of the Community grant from the Texas Department of Health, Bureau of Chronic Based Diabetes Disease and Tobacco Prevention, for the purpose of funding Prevention and Community-Based Diabetes prevention and management Management programs; and authorize a non-interest bearing interfund loan from Programs the General Fund to the Grants Fund in the amount of $25,000.00 for the interim financing of the grant pending contract execution to secure program continuation. At the request of Council Member Moss, Assistant City Manager Libby Watson briefed Council on the grant contract. She stated that this was the second year of funding for these programs and that Fort Worth was seeing an increase in diabetes incidents. She added that nutrition and obesity were cited as problems and that this funding would provide collaboration with various organizations to affect changes in lifestyle and provide awareness services. Council Member Moss expressed appreciation to the Health Department for work with Diabetes programs and made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-14389 be adopted. The motion carried unanimously. G-14390 There was presented Mayor and Council Communication No. G- Res. #3093 14390 from the City Manager recommending that the City Council Formation of adopt Resolution No. 3093 approving the formation of the Lone Lone Star Local Star Local Government Corporation. Council Member Lane made a Government motion, seconded by Council Member Haskin, that the Corporation recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 11 of 17 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, and Davis NOES: Council Member Silcox ABSENT: Council Member Stevenson G-14391 There was presented Mayor and Council Communication No. G- Ord. #16005 14391 from the City Manager recommending that the City Council Amend Number adopt Ordinance No. 16005 amending Ordinance No. 15797 by of Members increasing the number of directors on the Board of Directors of Tax Appointed to Increment Reinvestment Zone Number Nine, City of Fort Worth, Board of Texas. Council Member Lane made a motion, seconded by Council Directors for Tax Member Moss, that the recommendation be adopted. The motion Increment carried unanimously. Reinvestment Zone #9 Res. #3094 There was presented Resolution No. 3094 appointing the Appointing chairperson and certain members of the Board of Directors of Tax Chairperson and Increment Reinvestment Zone Number Nine, City of Fort Worth Members of (Trinity River Vision TIF). Board of Directors of Tax Name Expiration of Term Increment Mike Moncrief December 31, 2004 Reinvestment Jim Lane December 31, 2005 Zone #9 (Trinity John Stevenson December 31, 2004 River Vision TIF) Dionne Bagsby December 31, 2005 Victor Henderson December 31, 2004 Ed Lasko December 31, 2005 G.K. Maenius December 31, 2004 Nina Petty December 31, 2005 Tom Purvis December 31, 2004 Hal Sparks December 31, 2005 Name Appointing Entity Expiration of Term Judy Needham Fort Worth ISD December 31, 2004 J.D. Johnson Tarrant County December 31, 2005 Tom Pinchback Tarrant County December 31, 2004 Hospital District Leonardo de la Garza Tarrant County December 31, 2005 College District George Shannon Tarrant Regional December 31, 2004 Water District CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 12 of 17 Council Member Haskin made a motion, seconded by Council Member Moss, that the resolution be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Haskin, and Davis NOES: Council Member Picht ABSENT: Council Member Stevenson G-14392 There was presented Mayor and Council Communication No. G- Ord. #16006 14392 from the City Manager recommending that the City Council Adjust Civil adopt Ordinance No. 16006 adjusting the total number of Service Staffing authorized civil service positions at each classification (Rank) in in Fire the Fire Department for Fiscal Year 2003-2004; providing for the Department for creation of 14 additional firefighter positions. Council Member Four-Person Lane made a motion, seconded by Council Member Silcox, that the Staffing recommendation be adopted. The motion carried unanimously. G-14393 There was presented Mayor and Council Communication No. G- Accept Donation 14393 from the City Manager recommending that the City Council of Improvements accept the donation of a new pedestrian gate into the Botanic at Botanic Garden from the Stock Show lot (TXU lot) adjacent to the Japanese Garden from FW Garden. Council Member Davis made a motion, seconded by Botanical Council Member Lane, that the recommendation be adopted with Society appreciation. The motion carried unanimously. G-14395 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-14395, Adoption of Moratorium on After Executive Acceptance of Applications for Development of Certain Property Session Located South of Vickery Boulevard, West of Riverside Drive, North of Rosedale Street and East of Interstate Highway 35 South for Uses Not Permitted in the "A-5" One-Family District, be continued until after the Executive Session. G-14396 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G- 14396, Authorization to Initiate Rezoning of After Executive Certain Properties Located South of Vickery Boulevard, West of Session Riverside Drive, North of Rosedale Street and East of Interstate Highway 35 South in Accordance with the 2004 Comprehensive Plan, be continued until after the Executive Session. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 13 of 17 P-9974 There was presented Mayor and Council Communication No. P- Wrecker 9974 from the City Manager recommending that the City Council Services authorize a purchase agreement for wrecker services for the Equipment Services Department with Texas Towing Services Incorporated, based on the low bid with payments due 30 days from the date the invoices are received; authorize this agreement to begin on June 29, 2004, and expire on June 28, 2005, with options to renew for four additional one-year periods; 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. L-13845 There was presented Mayor and Council Communication No. L- Exclusive 13845 from the City Manager recommending that the City Council Permanent declare the necessity of taking an interest in a portion of Lot 11, Sanitary Sewer Sallie Terrell Subdivision, owned by Earline Prescott (DOE 4296), Easement and City of Fort Worth, Tarrant County, Texas, and authorize the City Temporary Attorney to institute condemnation proceedings to acquire the Construction interest in the land for an exclusive permanent sanitary sewer Easement easement and temporary construction easement. It was the consensus of the City Council that the recommendation be adopted. PZ-2531 There was presented Mayor and Council Communication No. PZ- Southside 2531 from the City Manager recommending that the City Council Preservation waive application fees for a zoning change, appeal to the Hall to Waive Construction Board of Appeals and Building Permit, for the Application Fees Southside Preservation Hall, located at 1505 and 1518 Lipscomb for Zoning Street, in order to carry out a public purpose; and find that there Change for 1505 are sufficient controls to ensure the public purpose is carried out. and 1518 Council Member Davis made a motion, seconded by Mayor Pro Lipscomb St. tempore McCloud, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 14 of 17 C-20114 There was presented Mayor and Council Communication No. C- Ord. #16007 20114 from the City Manager recommending that the City Council Fort Worth Local authorize the City Manager to execute a grant agreement accepting Development the amount of $300,000.00 from the Fort Worth Development Corporation Corporation for the completion of a market analysis and master site plan for the Evans and Rosedale project area; and adopt Appropriation Ordinance No. 16007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $300,000.00 from available funds for the purpose of funding a Consultant Agreement with Stanley Love-Stanley, P.C. for Market Analysis, Master Site Planning, and Architectural Design Services related to the Evans and Rosedale Business and Cultural District; and authorize a consultant agreement with Stanley Love-Stanley, P.C. for market analysis, master site planning, and initial programming services related to the Evans and Rosedale Business and Cultural District in the amount of $290,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20115 There was presented Mayor and Council Communication No. C- Agreement for 20015 from the City Manager recommending that the City Council Eagle Mountain authorize the City Manager to execute the agreement for provision Zone, of services in lieu of annexation for the Eagle Mountain Zone, Approximately consisting of approximately 1,238 acres of land located north of 1,238 Acres of Boat Club Road and west of Business Highway 287 in Tarrant Land Located County, Texas (Annexation AX-02-0008, Eagle Mountain Zone). North of Boat Club Rd. and Mr. Bob Riley, Development Department Director, advised Council West of that this contract was an alternative to annexing this area in Business November 2005. He added that annexation would be delayed until Highway 287 in January 1, 2009. Tarrant County, Texas Council Member Lane made a motion, seconded by Council (Annexation AX- Member Davis, that the recommendation be adopted. The motion 02-0008, Eagle carried unanimously. Mountain Zone) SP-04-030 It appeared that the City Council, at its meeting of June 8, 2004, Continued for continued the hearing of the application of Phillip Galyen for a site One Week plan of property located at 1418 Milam Street for parking lot and car leasing preparation area, Zoning Docket No. SP-04-030. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 15 of 17 There being no one present desiring to be heard in connection with the site plan of Phillip Galyen, Council Member Haskin made a motion, seconded by Council Member Lane, that Zoning Docket No. SP-04-030 be continued for one week. The motion carried unanimously. Citizen Mr. George Barnes, 5317 Bonnell, appeared before Council relative Presentations to neighborhood housing in the Como area. George Barnes Council Member Haskin asked that a report be provided to Council relative to Mr. Barnes' concerns. City Manager Jackson stated that the report would be prepared relative to the background of this issue and the relationship with the developer. Joe Arabie Mr. Joe Arabie, 1106 Lavaca, Suite 200, Austin, Texas, representing Texas AFL-CIO, appeared before Council relative to demolition of the Cowtown Inn. He invited Council Members to attend a forum this evening at 7:00 p.m. at the Handley Church of Christ, 3029 Handley Drive, where the Fort Worth method of asbestos removal would be discussed. He added that the City's website also reflected inaccurate information relative to long-term exposure to asbestos. Council Member Moss stated that there would be a Community Forum conducted June 24, 2004, at 7:00 p.m. at the Handley- Meadowbrook Community Center, to discuss environmental issues. Council Member Silcox stated that he would like to see information on how the City performed testing and compare it to the Cowtown Inn. Mayor Moncrief stated that the Environmental Protection Agency was the final authority on this issue and until their input was received, the City would not move forward with the demolition. Opal Lee Ms. Opal Lee appeared before Council and invited them to attend the annual Juneteenth Parade from Evans to Rosedale, June 18, 2004 at 7:00 p.m. She stated that another parade would go from the County Courthouse to the Water Gardens at 7:00 p.m. June 19, 2004. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 16 of 17 Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:00 noon to 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 to seek the advice of its attorneys on legal issues regarding any matter listed on today's City Council Agendas. Reconvened The City Council reconvened into regular session at 12:40 p.m. with Council Member Lane absent. Public Hearing It appeared that the City Council set today as the date for a public hearing on amending the Code of the City of Fort Worth, Chapter 34, Article V, Wreckers. Mayor Moncrief asked it there was anyone present desiring to be heard. City Attorney Yett stated that staff recommended the City Council withdraw this M&C and direct staff to bring forth a new M&C to amend Chapter 34 that would default to State law regulations on wrecker service pricing as well as bring back an amendment that would clarify when and how a heavy duty wrecker would be used for these type of operations. G-14371 There was presented Mayor and Council Communication No. G- Withdrawn 14371, dated May 25, 2004, from the City Manager recommending that the City Council to conduct a public hearing on maximum non- consent tow rates and allow the public the opportunity to give testimony and present written evidence thereon; and adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by amending Section 34-180(b) to Chapter 34, Vehicles for Hire; by amending Section 34-180(d); by amending Section 34- 180.1(d)(3); by amending Section 34-180.1(d) by adding a subsection (5) providing for a severability clause. There being no one present desiring to be heard at the public hearing amending the Code of the City of Fort Worth, Chapter 34, Article V, Wreckers, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. G-14371 be withdrawn. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 15, 2004 PAGE 17 of 17 G-14395 There was presented Mayor and Council Communication No. G- Ord. #16008 14395 from the City Manager recommending that the City Council Moratorium on adopt Ordinance No. 16008 adopting a moratorium on acceptance Acceptance of preliminary plats, Unified Residential Development site plans, Applications for applications for building permits, Certificates of Occupancy and Development of other development permits for certain properties located south of Property Vickery Boulevard, west of Riverside Drive, north of Rosedale Located South Street and east of Interstate Highway 35 South in accordance with of Vickery Blvd., the 2004 Comprehensive Plan, except for development permits West of consistent with "A-5" one-family residential zoning, pending Riverside Dr., consideration of rezoning of such properties establishing an North of appeals procedure. Council Member Moss made a motion, Rosedale St. and seconded by Council Member Haskin, that the recommendation be East of adopted. The motion carried unanimously. Interstate Highway 35 South G-14396 There was presented Mayor and Council Communication No. G- Initiate Rezoning 14396 from the City Manager recommending that the City Council of Certain authorize the City Manager to initiate rezoning of certain properties Properties located south of Vickery Boulevard, west of Riverside Drive, north of Rosedale Street and east of Interstate Highway 35 West, in accordance with the 2004 Comprehensive Plan. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 12:47 p.m. �zzc. : �� CIT SECRETARY AX O