Loading...
HomeMy WebLinkAbout2004/08/17-Minutes-City Council CITY COUNCIL MEETING AUGUST 17, 2004 Date & Time On the 17th day of August, 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; Council Members Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Marty Hendrix. Mayor Pro tempore Ralph McCloud and Council Member Jim Lane were temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Lindsay Churchman, Faith United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Silcox, the minutes of the regular meeting of August 10, 2004, were approved unanimously. Mayor Pro tempore McCloud assumed his chair. Special Council Member Wheatfall presented a Proclamation for Cowboys Presentations of Color Invitational Rodeo Southwest Tour Day. Council Member Lane assumed his chair. Ms. Glenda Holcomb, Chair, 2004 City of Fort Worth Employee Food Drive announced of the results of 2004 Employee Food Drive Benefiting the Tarrant County Area Food Bank. Mr. Barry Richardson, President, Tarrant Area Food Bank Board of Directors and Mr. Bo Soderbergh, Executive Director, Tarrant Area Food Bank, expressed their appreciation to all City of Fort Worth employees for donating an equivalent of 82,681 pounds of food to benefit the food bank. Ms. Mae Ferguson, Executive Director of Fort Worth Sister Cities International, introduced and recognized various City of Fort Worth departments and individuals that assisted with the Sister Cities International Annual Conference. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 2 of 20 Mayor Moncrief introduced Mr. Declan Kunkel a second grade student who wrote to him and stated that he would like to visit City Hall. Mayor Moncrief welcomed Mr. Kunkel to City Hall and the Council Chamber and presented him with a Molly pin. Announcements Council Member Lane announced that the last of the Fort Worth Cats Baseball games would be played this week and encouraged everyone to go out and support the team. Council Member Silcox announced that the Westside Lions Club Boys Baseball team would be competing in the Junior League World Championship in Taylor, Michigan and wished them success. Mayor Pro tempore McCloud invited everyone to attend the charrett on August 21, 2004 from 8:30 a.m. to 3:30 p.m. at the South Side Multi-Purpose Center for the redevelopment of the Evans/Rosedale corridor. Council Member Wheatfall expressed appreciation to all the Neighborhood Association Presidents and members who attended the District 5 introductory meeting August 14, 2004 at the Eugene McCray Center and stated that he looked forward to working with them. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. G-14457 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication Nos. C-20218 be withdrawn and that C-20185 be Staff continued for one week. Consent Agenda On motion of Council Member Davis, seconded by Council Member Silcox, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Picht made a motion, seconded by Council Member Davis, that Michael Noskin be appointed to the City Zoning Commission and the Fort Worth Alliance Airport Zoning Commission effective August 17, 2004 and with a term expiring October 1, 2004. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 3 of 20 OCS-1433 There was presented Mayor and Council Communication No. OCS- Claims 1433 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-1434 There was presented Mayor and Council Communication No. OCS- Res. #3110 1434 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 3110 setting the regular zoning Zoning Hearing hearing for September 14, 2004. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommended be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing and Ordinance Designating Tax Abatement Reinvestment Zone No. 49, 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-14453 as follows: G-14453 There was presented Mayor and Council Communication No. G- Ord. #16074 14453 from the City Manager recommending that the City Council Designate Tax hold a public hearing concerning the designation of Tax Abatement Abatement Reinvestment Zone No. 49, City of Fort Worth, Texas; and adopt Reinvestment Ordinance No. 16074 designating a certain area in the City of Fort Zone No. 49 Worth as "Tax Abatement Reinvestment Zone Number Forty-Nine, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone. Tom Struhs Mr. Tom Struhs, 205 Pecan, representing the developer, appeared before Council in support of the tax abatement and provided a timeline for development of the zone. There being no one else present desiring to be heard in connection with the public hearing and Ordinance Designating Tax Abatement Reinvestment Zone No. 49, City of Fort Worth, Texas, Council Member Davis made a motion, seconded by Council Member Wheatfall, that the public hearing be closed and Mayor and Council Communication No. G-14453 be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 4 of 20 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: None G-14457 There was presented Mayor and Council Communication No. G- Ord. #16075 14457 from the City Manager recommending that the City Council: Ord. #16076 Donations from 1. Adopt Supplemental Appropriation Ordinance No. 16075 North Texas increasing estimated receipts and appropriations in the Inspection General Fund in the amount of $2,714.48 from available Services, Fort funds, for the Hispanic Heritage Month Employee Worth Police Celebration; Officers Assoc., and Fort Worth 2. Approve the transfer of $2,714.48 from the General Fund to Hispanic Fire the Special Trust Fund; Fighters Assoc. 3. Accept donations in the Special Trust Fund in the following amounts; and FROM AMOUNT North Texas Inspection Services $3,000.00 Fort Worth Police Officers Association $ 250.00 Fort Worth Hispanic Firefighters Association $ 250.00 4. Adopt Appropriation Ordinance No. 16076 increasing estimated receipts and appropriations in the Special Trust Fund in an amount up to $6,214.48 as donations are received for the Hispanic Heritage Month Employee Celebration. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G- 14457 be adopted with appreciation. The motion carried unanimously. G-14458 There was presented Mayor and Council Communication No. G- Delayed Until 14458 from the City Manager recommending that the City Council After Executive authorize the City Manager to execute an agreement with Tarrant Session County for the reconstruction of Bomber Road, a road located in Tarrant County, Texas. Council Member Silcox stated that this item would be delayed until after the Executive Session. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 5 of 20 G-14459 There was presented Mayor and Council Communication No. G- Res. #3111 14459 from the City Manager recommending that the City Council Employment of authorize the City Manager or his designee to retain the law firm of Outside Legal Cantey & Hanger as outside counsel, pursuant to Chapter VI, Counsel for Section 3 of the City Charter, to assist the City Attorney in Legal Issues representing the City regarding legal issues including, but not Concerning limited to, real estate concerning SH121T; and adopt Resolution SH121T No. 3111 fixing in advance as far as practicable, that the amount to be paid to Cantey & Hanger not exceed $50,000.00. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14460 There was presented Mayor and Council Communication No. G- Installation of 14460 from the City Manager recommending that the City Council Street Lights authorize the City Manager to execute Community Facilities and Street Name Agreements for the installation of street lights and street name Signs signs with various locations. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-14461 There was presented Mayor and Council Communication No. G- Res. #3112 14461 from the City Manager recommending that the City Council City Attorney to authorize the City Attorney to file a lawsuit pursuant to Chapter 54 File Lawsuit of the Texas Local Government Code against Mary Gina Rigney, Against Mary the owner of the property located at 3301 Wayland Avenue, Fort Gina Rigney Worth, Texas; and adopt Resolution No. 3112 authorizing the City Attorney to file a lawsuit against Mary Gina Rigney pursuant to Chapter 54 of the Texas Local Government Code. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on Appeal of the Decision of the Historic and Cultural Landmarks Commission to Deny a Certificate of Appropriateness Application for the Property Located at 1501 Lipscomb Street. Mayor Moncrief asked it there was anyone present desiring to be heard. Mr. Fernando Costa, Planning Department Director, appeared before Council, gave a staff report, called attention to Mayor and Council No. G-14462 as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 6 of 20 G-14462 There was presented Mayor and Council Communication No. G- Appeal Decision 14462 from the City Manager recommending that the City Council of Historic and conduct a public hearing on an appeal of the decision of the Cultural Historic and Cultural Landmarks Commission to deny the Landmarks application for a Certificate of Appropriateness for replacement of Commission to the slate roof on the building at 1501 Lipscomb Street. Deny Certificate for Property at Council Member Davis stated that she would discuss this appeal 1501 Lipscomb with the Historic and Cultural Landmarks Commission as it would Street require the Boys & Girls Club of Greater Fort Worth, owners of the Continued to property, to spend an additional $80,000.00 to replace the existing September 21, roof with slate versus composite shingles. 2004 There being no one present desiring to be heard in the public hearing on Appeal of the Decision of the Historic and Cultural Landmarks Commission to Deny a Certificate of Appropriateness Application for the Property Located at 1501 Lipscomb Street, Council Member Davis made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. G- 14462 be continued until September 21, 2004. The motion carried unanimously. P-10002 There was presented Mayor and Council Communication No. P- Ceiling Tile 10002 from the City Manager recommending that the City Council Products authorize a purchase agreement for ceiling tile products from Cowtown Materials, Incorporated for the Transportation and Public Works Facilities Management Division with payment terms of 1 percent discount if paid in 10 days, net payable in 20 days; authorize this agreement to begin August 17, 2004 and expire August 16, 2005, with options to renew for four additional one-year periods; and authorized the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Chapter 271.102, "Cooperative Purchasing Program". It was the consensus of the City Council that the recommendation be adopted. L-13876 There was presented Mayor and Council Communication No. L- Amend Lease 13876 from the City Manager recommending that the City Council with Monroe authorize the City Manager to execute an amendment lease with Street Monroe Street Professional Building, limited for office space Professional located at 900 Monroe Street for the Economic and Community Building at 900 Development Department. It was the consensus of the City Monroe Street Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 7 of 20 L-13877 There was presented Mayor and Council Communication No. L- Permanent 13877 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of one permanent sanitary sewer easement Easement and and one temporary construction easement described as part of Lot Temporary 6-R, Block 313, Harris Subdivision, Tarrant County, Texas, from Construction Annabelle Corboy and Michael C. Poteet located in east Fort Worth Easement for the construction of Main 244A-Parallel Relief Sewer (DOE 3295), for a total cost of $8,700.00 plus estimated closing costs of $1,500.00. It was the consensus of the City Council that the recommendation be adopted. L-13878 There was presented Mayor and Council Communication No. L- Permanent 13878 from the City Manager recommending that the City Council Drainage approve the acceptance of two permanent drainage easements Easements described as portion of Lot 2, Block 1, Boat Club Corner Addition, Tarrant County, Texas from Andrew Everett located in Northwest Fort Worth (DOE 4536), for a total cost of $20.00. It was the consensus of the City Council that the recommendation be adopted. L-13879 There was presented Mayor and Council Communication No. L- Permanent 13879 from the City Manager recommending that the City Council Utility Easement, authorize the release and abandonment of one 20-foot permanent Sanitary Sewer utility easement described as A 1602, Josiah Walker Survey, Easement, and Tarrant County, Texas, dedicated to the City by Charles R. Lasater; Temporary and approve the acceptance of one 30-foot permanent sanitary Construction sewer easement and one temporary construction easement Easement described as A 1600, Josiah Walker Survey, Tarrant County, Texas from Charles R. Lasater for property located in north Tarrant County for the Sanitary Sewer Easement Main 391 Project (DOE 3522). It was the consensus of the City Council that the recommendation be adopted. L-13880 There was presented Mayor and Council Communication No. L- Permanent 13880 from the City Manager recommending that the City Council Waterline approve the acceptance of one permanent waterline easement and Easement and one temporary construction easement described as part of A-493, Temporary J.F. Elliott Survey, Tarrant County, Texas from Paul and Judy Construction Andrews for property located west of Loop 820 and south of Mary's Easement Creek Drive (DOE 4403), needed for future development and water service for the Montserrat subdivision development for a total cost of $20.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 8 of 20 L-13881 There was presented Mayor and Council Communication No. L- Permanent 13881 from the City Manager recommending that the City Council Waterline approve the acceptance of four permanent waterline easements Easements described as part of A-1699, J.W. Wallace Survey, Tarrant County, Texas from Newport Holdings, Inc. for property located north of Trinity Boulevard and west of Sugarberry Street for future development and water service for the Newport Villages Subdivision (DOE 4516), for a total cost of $4.00. It was the consensus of the City Council that the recommendation be adopted. L-13882 There was presented Mayor and Council Communication No. L- Temporary 13882 from the City Manager recommending that the City Council Turnaround approve the acceptance of two temporary turnaround easements Easements described as A-1528, A.S. Trimble Survey, Tarrant County, Texas, from Riverbend Investment Ltd., for property located west of Salado Trail north of Trinity Boulevard (DOE 4453), needed for future development and pavement improvements for the River Trails Subdivision for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13883 There was presented Mayor and Council Communication No. L- Permanent 13883 from the City Manager recommending that the City Council Sanitary Sewer, approve the acceptance of three permanent sanitary sewer Permanent easements, one permanent waterline easement and one temporary Waterline, and access easement described as A-1251, G.W. Parker Survey, Tarrant Temporary County, Texas from Hillwood Saratoga, L.P. for property located Access west of Alta Vista Road, south of Keller Haslet Road (DOE 4464), Easements needed for sewer service for the Saratoga subdivision development for a total cost of $5.00. It was the consensus of the City Council that the recommendation be adopted. L-13884 There was presented Mayor and Council Communication No. L- Permanent 13884 from the City Manager recommending that the City Council Utility approve the acceptance of three permanent utility easements Easements described as A-955, J.M.C. Lynch Survey, Tarrant County, Texas from Trinity Park, Inc. for property located south of West 7t" Street and west of Stayton Street (DOE 3770), needed for future development of Seventh Street Addition for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 9 of 20 L-13885 There was presented Mayor and Council Communication No. L- Permanent 13885 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of one permanent sanitary sewer easement Easement and and one temporary construction easement described as part of Lot Temporary 2-A and 2-13, Block 3, B. Harris Subdivision, Tarrant County, Texas Construction from Jean Talbert Timmerman for property located in east Fort Easement Worth for the construction of Main 244A-Parallel Relief Sewer (DOE 3295), for a cost of $6,300.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13886 There was presented Mayor and Council Communication No. L- Sale of Tax- 13886 from the City Manager recommending that the City Council Foreclosed approve the sale of tax-foreclosed property located at 1607 Vaughn Surplus Boulevard, as allowed by the Texas Property Tax Code Section Property at 1607 34.05 (DOE 920), to the Faith Sanctuary Christ Holy Sanctified Vaughn Blvd. Church for a total amount of $2,302.00; and authorize the City Manager to execute the appropriate deed document conveying the property to complete the sale. It was the consensus of the City Council that the recommendation be adopted. L-13887 There was presented Mayor and Council Communication No. L- Delayed Until 13887 from the City Manager recommending that the City Council After Executive declare the necessity of taking an interest in a portion of land Session owned by Tarrant County College District required for the realignment of Throckmorton Street at Lancaster Avenue near the Central Business District (DOE 4007); and authorize the City Attorney to institute condemnation processings to acquire the interest in the land. Mayor Moncrief stated that action on this item would be delayed until after the Executive Session. PZ-2539 There was presented Mayor and Council Communication No. PZ- Ord. #16077 2539 from the City Manager recommending that the City Council Vacate adopt Ordinance No. 16077 vacating and extinguishing an Emergency emergency access easement at the south end of Daren Drive, Access being a part of Lots 77 and 78 of Block J, Fossil Park Addition Easement at Phase III, City of Fort Worth, Texas; providing for the reversion of Daren Drive fee in said land; and the retainment of existing utility easements. (VA-04-008) Council Member Haskin made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 10 of 20 PZ-2540 There was presented Mayor and Council Communication No. PZ- Ord. #16078 2540 from the City Manager recommending that the City Council Vacate Portion adopt Ordinance No. 16078 vacating and extinguishing a portion of of Old Denton Old Denton Road located in the Francisco Cuella Survey, Abstract Road Number 266, the Hopkins Davidson Survey, Abstract Number 437, (VA-04-007) and being a portion of a tract of land described by deed to One Prairie Meadows, Ltd., City of Fort Worth, Tarrant County, Texas; providing for the reversion of fee in said land; the retainment of existing utility easements. Council Member Wheatfall made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. PZ-2541 There was presented Mayor and Council Communication No. PZ- Vacate Portion 2541 from the City Manager recommending that the City Council of Miscellaneous adopt an ordinance vacating the following described portions of Streets and alleys and streets: Alleys (VA-04-011, 016, VA-04-011. Being a portion of a 20 foot wide by 100 foot 022, and 024) alley in Block 123 of the Original Town of Fort Worth, Texas, Delayed Until lying south of East Bluff Street, an unrecorded addition to After M&C C- the City of Fort Worth, Tarrant County, Texas, containing 20217 0.045 Acres, more or less; • VA-04-016. Being portions of Elm Street, East Bluff Street and East Peach Street, being approximately 60 feet in width by 315 feet in length, located in Block 123 and Block 124 Original Town of Fort Worth, Texas, lying between Samuels Avenue and the north line of East Bluff Street, containing 0.510 Acres, more or less; • VA-04-022. Being a portion of North Cummings Street in Block 123 of the Original Town of Fort Worth, Texas and the Cummings Addition, to the City of Fort Worth, Texas, Tarrant County, Texas; and • VA-04-024. Being an 11 feet wide by 200 feet dedication tract for Pecan Street extension, located in Block 123 Original Town of Fort Worth, Texas, an unrecorded addition to the City of Fort Worth, Tarrant County, Texas; Lot F, Pratts Subdivision, and Lot 16 Land 600 of the M. Baugh Survey Abstract No. 106, Tarrant County, Texas. City Attorney Yett stated that staff recommended that Council take action on this issue after M&C C-20217. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 11 of 20 Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, to delay action on this issue until after M&C C- 20217. The motion carried unanimously. C-20185 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-20185, Authorize Execution of Economic One Week Development Program Agreement with Railhead Industrial Park Investors, L.P., be continued for one week. C-20210 There was presented Mayor and Council Communication No. C- Ord. #16079 20210 from the City Manager recommending that the City Council Texas Department of 1. Authorize the City Manager to accept the Weatherization Housing and Assistance Program Grants funds totaling $430,053.00 in Community anticipated funds, and enter into two separate contracts Affairs with the Texas Department of Housing and Community Affairs, as follows: a. Low Income Housing Energy Assistance Program $268,522.00 b. Department of Energy $161,531.00 Total $430,053.00 2. Adopt Appropriation Ordinance No. 16079 increasing estimated receipts and appropriations in the Grants Fund in the amount of $430,053.00 subject to receipt of the grant from the Texas Department of Housing and Community Affairs, for the purpose of funding the Weatherization Assistance Program. It was the consensus of the City Council that the recommendation be adopted. C-20211 There was presented Mayor and Council Communication No. C- International 20211 from the City Manager recommending that the City Council Ford Group, authorize the City Manager to execute a contract with the L.L.C. International Ford Group, L.L.C. in the amount of $59,950.00 in order to provide a Cultural Climate Assessment and Diversity Training for all employees in the Water Department. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 12 of 20 C-20212 There was presented Mayor and Council Communication No. C- Service Center 20212 from the City Manager recommending that the City Council Relocation Inc. authorize the City Manager to execute a lease with an option to Local purchase agreement with the Service Center Relocation Inc. Local Government Government Corporation for a new City service center to be Corporation constructed at the Federal Depot site located at IH 20 and James Avenue. It was the consensus of the City Council that the recommendation be adopted. C-20213 There was presented Mayor and Council Communication No. C- Dunaway 20213 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute Amendment No. 5 to City Secretary Contract No. 26599 with Dunaway Associates, Inc. in the amount of $46,420.00 to provide additional design and survey services for Sanitary Sewer Main 1-1-1 Condition Assessment and Drainage Area Evaluation Study, thereby increasing the contract amount to $913,090.73. It was the consensus of the City Council that the recommendation be adopted. C-20214 There was presented Mayor and Council Communication No. C- Concho 20214 from the City Manager recommending that the City Council Development authorize Concho Development LLC to expend an amount not to LLC exceed $50,000.00 on architectural/engineering design work under the Memorandum of Understanding on the Federal Depot Service Center project. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Council Member Picht excused himself from the table at this time. C-20215 There was presented Mayor and Council Communication No. C- Trinity Bluff 20215 from the City Manager recommending that the City Council Development, authorize the City Manager to execute a Tax Abatement Agreement Ltd. with Trinity Bluff Development, Ltd. related to the development of a downtown residential project; and find that the terms and conditions of the Agreement, satisfy the City's Tax Abatement Policy for qualified residential development projects located within the Central City and that the development is feasible, practical and a benefit to the land and to the City after the expiration of the term of the zone. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 13 of 20 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Picht C-20216 There was presented Mayor and Council Communication No. C- Trinity Bluff 20216 from the City Manager recommending that the City Council Development, authorize the City Manager to execute the Economic Development Ltd. Program Agreement (subject to non-material final changes agreed to by the parties) with Trinity Bluff Development, Ltd. for a downtown residential project; and find that the terms and conditions of the Agreement, and in the recitals of the Agreement, constitute a custom-designed economic development program, as recommended by the 2004 Comprehensive Plan and authorized by Chapter 380 of the Texas Local Government Code. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Picht Council Member Picht assumed his chair. C-20217 There was presented Mayor and Council Communication No. C- Wide Open 20217 from the City Manager recommending that the City Council Spaces, Ltd. authorize the City Manager to execute an Enhanced Community Facilities Agreement in the amount up to $1,854,360.00 with Wide Open Spaces, Ltd. for construction of water and sewer facilities to serve the Trinity Bluff District, encompassing a multifamily development northeast of downtown and surrounding area. 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 AUGUST 17, 2004 PAGE 14 of 20 PZ-2541 There was presented Mayor and Council Communication No. PZ- Ord. #16080 2541 from the City Manager recommending that the City Council Vacate Portion adopt Ordinance No. 16080 vacating the following described of Miscellaneous portions of alleys and streets: Streets and Alleys VA-04-011. Being a portion of a 20 foot wide by 100 foot (VA-04-011, 016, alley in Block 123 of the Original Town of Fort Worth, Texas, 022, and 024) lying south of East Bluff Street, an unrecorded addition to the City of Fort Worth, Tarrant County, Texas, containing 0.045 Acres, more or less; • VA-04-016. Being portions of Elm Street, East Bluff Street and East Peach Street, being approximately 60 feet in width by 315 feet in length, located in Block 123 and Block 124 Original Town of Fort Worth, Texas, lying between Samuels Avenue and the north line of East Bluff Street, containing 0.510 Acres, more or less; • VA-04-022. Being a portion of North Cummings Street in Block 123 of the Original Town of Fort Worth, Texas and the Cummings Addition, to the City of Fort Worth, Texas, Tarrant County, Texas; and • VA-04-024. Being an 11 feet wide by 200 feet dedication tract for Pecan Street extension, located in Block 123 Original Town of Fort Worth, Texas, an unrecorded addition to the City of Fort Worth, Tarrant County, Texas; Lot F, Pratts Subdivision, and Lot 16 Land 600 of the M. Baugh Survey Abstract No. 106, Tarrant County, Texas. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-20218 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20218, Approval of Community Facilities Agreement with Wide Open Spaces, Ltd. for the Installation of Water and Sewer Services to Serve Trinity Bluff, be withdrawn. Reconsider M&C Council Member Davis made a motion, seconded by Council C-20217 Member Silcox, that Mayor and Council Communication No. C- 20217 be reconsidered at this time. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 15 of 20 C-20217 There was presented Mayor and Council Communication No. C- Wide Open 20217 from the City Manager recommending that the City Council Spaces, Ltd. authorize the City Manager to execute an Enhanced Community Facilities Agreement in the amount up to $1,854,360.00 with Wide Open Spaces, Ltd. for construction of water and sewer facilities to serve the Trinity Bluff District, encompassing a multifamily development northeast of downtown and surrounding area. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted by amending the M&C to incorporate the following additional language: "The Developer will be required to spend 20 percent of the costs of all infrastructure improvements, regardless of amount, covered by the CFA with Fort Worth Certified M/WBE Companies. Should the developer fail to meet this commitment, the enhanced community facility portion of the contract ($430,113.00) shall be reduced by the percentage that the Fort Worth Certified M/WBE contractor commitment was not met." The motion carried unanimously. C-20219 There was presented Mayor and Council Communication No. C- Ord. #16081 20219 from the City Manager recommending that the City Council Ord. #16082 adopt Appropriation Ordinance No. 16081 increasing estimated Freese and receipts and appropriations in the Capital Projects Reserve Fund in Nichols, Inc. the amount of $225,720.00 from available funds, for the purpose of funding a transfer to the Specially Funded Capital Projects Fund; authorize the transfer of $225,720.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; adopt Appropriation Ordinance No. 16082 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $225,720.00 from available funds, for the purpose of funding an amendment to City Secretary Contract 30187 with Freese and Nichols, Inc. for the design engineering, and construction management phase of the operational assessment and alternative evaluation for the active pool of the Fort Worth Water Gardens; and authorize the City Manager to execute an amendment to the City Secretary Contract No. 30187 with Freese and Nichols, Inc. not to exceed $225,720.00 for the design engineering and construction management phase of the operational assessment and alternative evaluation for the active water pool of the Fort Worth Water Gardens. 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 AUGUST 17, 2004 PAGE 16 of 20 C-20220 There was presented Mayor and Council Communication No. C- Ord. #16083 20220 from the City Manager recommending that the City Council Ord. #16084 adopt Appropriation Ordinance No. 16083 increasing estimated Komatsu receipts and appropriations in Capital Projects Reserve Fund in the Architecture, amount of $55,970.00 from available funds, for the purpose of Inc. funding a transfer to the Specially Funded Capital Projects Fund; authorize the transfer of $55,970.00 from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; adopt the Appropriation Ordinance No. 16084 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $55,970.00 from available funds, for the purpose of funding an amendment to City Secretary Contract 30206 with Komatsu Architecture for the Water Gardens Active Pool Architectural Assessment; and authorize the City Manager to execute an amendment of City Secretary Contract No. 30206 with Komatsu Architecture, Inc. for the Water Garden Active Pool Architectural Assessment. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Regular Zoning It appeared to the City Council that the Notice of Public Hearing set Hearing today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth July 29, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-04-205 Mr. Jim Schell, 901 Fort Worth Club Building, representing the Continued for applicant, appeared before Council in support of the zoning One Week change. Jim Schell Jeff Poyner Mr. Jeff Poyner, 4524 Fir Drive, appeared before Council in opposition of the zoning change. He stated that the neighborhood had not been properly notified of the zoning change. Council Member Lane made a motion, seconded by Council Member Haskin, that the application of Golden Triangle, Ltd. for a change in zoning of property located at the northwest corner of Ray White Road & North Beach Street from "E" Neighborhood Commercial to "C" Medium Density Multi-Family Residential, Zoning Docket No. ZC-04-205, be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 17 of 20 Council Member Haskin requested that Mr. Schell provide information on the financing for this development and dates of the County's public hearings. Council Member Wheatfall excused himself from the table at this time. ZC-04-227 It appeared that the City Council set today as the date for a hearing Ord. #16085 for Zoning Docket No. ZC-04-227, Text Amendment concerning Text Industrial Park District. Mayor Moncrief asked if there was anyone Amendment present desiring to be heard. Approved There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, and Zoning Docket No. ZC-04-227 be approved, and the following ordinance be adopted: ORDINANCE NO. 16085 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, AMENDING SECTION 4.1106 "INDUSTRIAL PARK ("IP") DISTRICT TO DELETE THE REQUIREMENT THAT THE PLAN COMMISSION APPROVE A SITE PLAN AND A SUBDIVISION PLAT RECORDED IN THE DEED RECORDS BEFORE A PERMIT IS ISSUED FOR THE CONSTRUCTION OR USE OF PROPERTY IN THE "IP" DISTRICT AND REPLACE WITH LANGUAGE REQUIRING CITY COUNCIL APPROVAL OF ALL SITE PLANS; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-04-228 It appeared that the City Council set today as the date for a hearing Ord. #16086 for Zoning Docket No. ZC-04-228, Text Amendment concerning off Text street parking (correction). Mayor Moncrief asked if there was Amendment anyone present desiring to be heard. Approved CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 18 of 20 There being no one present desiring to heard in connection with the Text Amendment, Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed, and Zoning Docket No. ZC-04-228 be approved, and the following ordinance be adopted: ORDINANCE NO. 16086 AN ORDINANCE AMENDING ORDINANCE NO 15911, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" TO REFLECT THE CORRECT NUMBER OF PARKING SPACES PER 100 SQUARE FEET REQUIRED FOR A RESTAURANT AND CAFETERIA AS ONE SPACE PER ONE HUNDRED SQUARE FEET; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Council Member Wheatfall assumed his chair. Citizen Mr. Grover Weaver, 1000 Arlington Avenue, appeared before Presentations Council relative to HUD inquiries. Grover Weaver Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:38 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 existing rates assessed by TXU Electric Delivery; b) Legal issues concerning the Southwest Parkway (S.H. 121 T); c) Legal issues concerning a proposed boundary adjustment with the City of Lake Worth; CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 19 of 20 d) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:40 p.m. With eight Council Members present and Council Member Lane absent. G-14458 There was presented Mayor and Council Communication No. G- Interlocal 14458 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute an agreement with Tarrant Tarrant County County for the reconstruction of Bomber Road, a road located in for Tarrant County, Texas. Reconstruction of Bomber Road Assistant City Attorney Garcia appeared before Council and advised Council that the following language should be included in the recommendation: " ..; and that the City Manager is authorized to accept an easement for Bomber Road from the federal _-government, specifically the Aeronautical System Center, Acquisition Environmental Mana-gement." Council Member Davis made a motion, seconded by Council Member Wheatfall, that the City Manager be authorized to execute an agreement with Tarrant County for the reconstruction of Bomber Road, a road located in Tarrant County, Texas; and that the City Manager be authorized to accept an easement for Bomber Road from the federal government, specifically the Aeronautical System Center, Acquisition Environmental Management. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 17, 2004 PAGE 20 of 20 L-13887 There was presented Mayor and Council Communication No. L- Continued for 13887 from the City Manager recommending that the City Council One Week declare the necessity of taking an interest in a portion of land owned by Tarrant County College District required for the realignment of Throckmorton Street at Lancaster Avenue near the Central Business District (DOE 4007); and authorize the City Attorney to institute condemnation processings to acquire the interest in the land. Council Member Davis made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. L-13887 be continued for one week. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 12:45 p.m. These amended minutes approved by the Fort Worth City Council on the 21 st day of September 2004. These minutes approved by the Fort Worth City Council on the 24th day of August, 2004. Attest: Approved: Marty ndrix icha I J. one T City Secretary Mayo