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HomeMy WebLinkAbout2004/01/06-Minutes-City Council CITY COUNCIL MEETING JANUARY 6, 2004 Date & Time On the 6t' day of January, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:00 pm 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 Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Jim Lane was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by T. J. Patterson, Law Department. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Stevenson, the minutes of the regular meeting of December 16, 2003, were approved unanimously. Special Council Member Moss presented Certificates of Recognition to the Presentations following former Board and Commission members: Kim Dignum Fort Worth Commission for Women Michelle Dippel Building Standards Commission Dennis Dunkins Aviation Advisory Board Gloria Reed-Austin City Plan Commission Quincy L. Taylor City Zoning Commission Announcements Council Member Picht referenced an article in the Fort Worth Star- Telegram entitled "Do We Have Too Many Choices?" relative to the City's current trash collection system. Council Member Moss announced that he had filed as a candidate for Tarrant County Commissioner for Precinct #1. He stated that he would still be very active in District 5 and would support the passage of the Bond proposal. Mayor Pro tempore McCloud announced that on January 24, 2004 from 8:30 a.m. to 1:30 p.m., the Women 2004 "Healthy, Wealthy, and Wise" forum. He also stated that Fort Worth was recognized by the National League of Cities for its commitment to the City's Challenge for Early Childhood Success. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 2 of 20 Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. PZ-2516 be withdrawn from the consent agenda. Council Member Davis requested that Mayor and Council Communication No. PZ-2517 be withdrawn from the consent agenda. Council Member Silcox requested that Mayor and Council Communication No. P-9898 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. PZ-2516 be continued for one week. Staff Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda, as amended,was adopted unanimously. Appointments Council Member Moss made a motion, seconded by Council Member Stevenson, to appoint Maurice Barnes to the City Zoning Commission, Fort Worth Alliance Airport Zoning Commission, and Scenic Preservation and Design Review Commission Place 5 effective January 6, 2004 and with a term expiring October 1, 2005. The motion carried unanimously. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, to appoint Teresa K. Nelson to the Fort Worth Commission for Women Place 3 effective January 6, 2004 and with a term expiring October 1, 2005. The motion carried unanimously. OCS-1392 There was presented Mayor and Council Communication No. OCS- Claims 1392 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-14211 There was presented Mayor and Council Communication No. G- Street Closure of 14211 from the City Manager recommending that the City Council W.R. Watt Drive, approve the request of the Southwestern Exposition and Livestock Burnett-Tandy Show to temporarily close the following streets beginning Monday, Drive, Gendy January 12, through Monday, February 9, 2004: Street, & Trinity W.R. Watt Drive, from Harley Avenue to Burnett-Tandy Drive; Park Drive for and 2004 Southwestern Burnett-Tandy Drive, west to Gendy Street; and Exposition & Gendy Street, from Burnett-Tandy Drive north to Lancaster Livestock Show Avenue; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 3 of 20 Trinity Park Drive, from University Drive to Crestline Road (January 22, 26, 28 and February 3, 2004). It was the consensus of the City Council that the recommendation be adopted. G-14212 There was presented Mayor and Council Communication No. G- Ord. #15809 14212 from the City Manager recommending that the City Council: Grant Applications to 1. Authorize the City Manager to submit the following grant NCTCOG for applications to the North Central Texas Council of Environmental Governments (NCTCOG) for the purpose of funding projects Projects in the Environmental Management Department in the following amounts: a) Environmental Collection Center Disposal and Supply Deferment - $165,000.00; b) "Recycling Right" Education Program - $52,000.00; C) Illegal Dumping Community Cleanup - $12,500.00; d) Master Composter Training Program - $9,950.00; e) Handheld Ticket System for Code Officers -$27,495.00; f) Reduce Illegal Dumping - $11,017.00; g) Illegal Dumping Surveillance -$19,819.00; h) Labor Detail Transportation - $41,982.00; i) Drop-off Station Equipment and Promotion - $236,420.00; j) Refrigerant (Freon) Extraction Units - $10,338.00; k) Self Injector Needle Disposal and Education Outreach Program - $7,500.00; 1) Multi-Family and Commercial Sector Solid Waste Management and Action Plan - $132,559.00; m) Solid Waste Violation Deferred Adjudication Program - $26,400.00; and n) Bottle Bounty Program - $233,793.00. 2. Authorize the City Manager to accept and execute the NCTCOG grant contracts, if awarded; and 3. Authorize the use of $20,964.00, $19,504.00, and $3,232.00 in cash and in-kind personnel services, respectively, from the Environmental Management, Solid Waste and General Funds as matching funds for these grants; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 4 of 20 4. Adopt Appropriation Ordinance No. 15809 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,030,473.00 subject to receipt of grants from the North Central Texas Council of Governments, for the purpose of funding projects in the Environmental Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14213 There was presented Mayor and Council Communication No. G- Semi-Annual 14213 from the City Manager recommending that the City Council Impact Fees adopt the Citizen Advisory Committee's Semi-Annual Progress Progress Report Report concerning the status of the Water and Wastewater Impact of Water & Fee. It was the consensus of the City Council that the Wastewater CIP recommendation be adopted. G-14214 City Manager Jackson stated that staff had requested that Council Delayed Until action relative to G-14214, Designation of the Berry/University Area After Zoning as a Neighborhood Empowerment Zone and Fort Worth Docket No. Neighborhood Empowerment Reinvestment Zone, be delayed until ZC-03-319 after Zoning Docket No. ZC-03-319, the associated zoning case. G-14215 There was presented Mayor and Council Communication No. G- Res. #3028 14215 from the City Manager recommending that the City Council: File Lawsuit Against Douglas 1. Authorize the City Attorney to file a lawsuit pursuant to Glenn Mitchell Chapter 54 of the Texas Local Government Code against Pursuant to Douglas Glenn Mitchell, the occupant of property located at Chapter 54 of 2803 Lena Street, Fort Worth, Texas; and Texas Local Government 2. Adopt Resolution No. 3028 authorizing the City Attorney to Code file a lawsuit against Douglas Glenn Mitchell pursuant to Chapter 54 of the Texas Local Government Code. City Attorney Yett stated that paragraph 3 of the Discussion section on the M&C needed to be amended to reflect "B" Two- Family Zoning Districts" instead of "Z" Two-Family Zoning Districts. Regina J. Blair Ms. Regina J. Blair, 2701 Lena Street, appeared before Council in support of the lawsuit. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 5 of 20 Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted as amended. The motion carried unanimously. G-14216 There was presented Mayor and Council Communication No. G- Res. #3029 14216 from the City Manager recommending that the City Council Submit a Letter to authorize the City Manager to submit a letter to the Texas Texas Department of Transportation on behalf of the City of Fort Worth Department of describing the proposed restrictions to keep trucks, truck tractors, Transportation and road tractor traffic in the two lanes furthest to the right on Requesting portions of Interstate Highway 30. Approval to Keep Trucks, Truck City Manager Jackson stated that the Recommendation section of Tractors & Road the M&C needed to be amended to insert "...approve the resolution Tractor Traffic on and..." after "Council". Portions of Interstate Council Member Davis made a motion, seconded by Council Highway 30 Member Moss, that Mayor and Council Communication No. G- 14216 be adopted, as amended, approving Resolution No. 3029. The motion carried unanimously. P-9896 There was presented Mayor and Council Communication No. P- Temporary 9896 from the City Manager recommending that the City Council: Employment Services 1. Authorize a purchase agreement with Tolman Building Maintenance for temporary employment services for manual laborers for the Public Events Department, Convention Center and Will Rogers Memorial Center, based on the overall low bid meeting specifications with payment due 30 days from the date of the invoice; and 2. Authorize this agreement to begin February 2, 2004, and expire February 1, 2005, with options to renew for two additional one-year periods; and 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entitles 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. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 6 of 20 P-9897 There was presented Mayor and Council Communication No. P- Armored Car 9897 from the City Manager recommending that the City Council: Services 1. Authorize a purchase agreement with Loomis Fargo and Company for armored car services for the City of Fort Worth based on the overall low bid meeting specifications with payment due 30 days from the date of the invoice; and 2. Authorize this agreement to begin February 16, 2004, and expire February 15, 2005, with options to renew for two additional one-year periods; and 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entitles 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-9898 There was presented Mayor and Council Communication No. P- Unarmed 9898 from the City Manager recommending that the City Council: Security Guard Services 1. Authorize a purchase agreement with Texas Star Security Waco, Inc. for unarmed security guard services for the City of Fort Worth based on the low bid meeting specifications with payment due 30 days from the date of the invoice; and 2. Authorize this agreement to begin February 2, 2004, and expire February 1, 2005, with options to renew for two additional one-year periods; and 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entitles to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act". Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. P- 9898 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Lane CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 7 of 20 P-9899 There was presented Mayor and Council Communication No. P- Plumbing Repair 9899 from the City Manager recommending that the City Council: Service & Parts 1. Authorize a non-exclusive purchase agreement for plumbing repair service and parts with multiple vendors for the City of Fort Worth based on hourly rates and parts discounts, with payments due 30 days from the date of the invoice; and 2. Authorize this agreement to begin January 6, 2004, and expire January 5, 2005, with options to renew for two additional one- year periods; and 3. Authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act". It was the consensus of the City Council that the recommendation be adopted. L-13730 There was presented Mayor and Council Communication No. L- Sanitary Sewer 13730 from the City Manager recommending that the City Council: Easement & Construction 1. Declare the necessity of taking an interest for easement rights Easement in a parcel of land for the condemnation of one permanent sanitary sewer easement and one temporary construction easement in east Fort Worth from Cristina R. Aseron for construction of the Main 244A Parallel Relief Sewer Project (DOE 3295) from US180 (Lancaster Avenue) to the Village Creek Wastewater Treatment Plant; and 2. Authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. It was the consensus of the City Council that the recommendation be adopted. L-13731 There was presented Mayor and Council Communication No. L-13731 Utility Easement from the City Manager recommending that the City Council approve the acceptance of one permanent utility easement described as A- 1849, Alexander F. Albright Survey, Tarrant County, Texas from Barham & Harris Development One, L.P. in the Parkview Hills, Phase II Addition (DOE 4128) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 8 of 20 L-13732 There was presented Mayor and Council Communication No. L- Right-of-Way & 13732 from the City Manager recommending that the City Council Slope Easement authorize the City Manager to approve the conveyance of three right-of-way parcels (ROW) and a permanent slope easement described as A-999, William McCowan Survey, Tarrant County, Texas to the Texas Department of Transportation for property located along the east side of IH-35W near the existing ROW of North Tarrant Parkway for the construction of the interchange at North Tarrant Parkway from IH-35W to US377 (DOE 4014) (Project No. 0081-12-036) for a total amount of $4.00, plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13733 There was presented Mayor and Council Communication No. L- Septic Drain 13733 from the City Manager recommending that the City Council Field authorize approval of a septic drain field license agreement with Carol T. Miner for City-owned Lake Worth property located across the road from 4065 Peninsula Club Circle, Lot 28, Block 19 for a term of five years expiring on January 31, 2008, with one option to extend the agreement for another five-year term for an annual rate of $280.00. It was the consensus of the City Council that the recommendation be adopted. L-13734 There was presented Mayor and Council Communication No. L- Water Main 13734 from the City Manager recommending that the City Council Easement& approve the acquisition of one permanent water main easement Construction and one temporary construction easement described as part of the Easement David Odum Survey, Abstract No. 1184 from Fort Worth Northbrook, Ltd., a Texas Limited Partnership for property located east of Blue Mound Road and north of Loop 820 (DOE 4088) necessary for the construction, maintenance, and operation of the Northside II water transmission main between McCandless Street and the Cantrell-Sampson pump station for $82,000.00, plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13735 There was presented Mayor and Council Communication No. L-13735 Utility Easement from the City Manager recommending that the City Council approve the acceptance of one permanent utility easement (PUE) described as portion of the Peterson Pate Survey, Abstract No. 1202 from J.C. Penney Properties, Inc. and one PUE from Eversan Limited Partnership and Sansteve Trust for property located in the Ridgmar Mail Addition (DOE 3862) necessary for the construction, operation, maintenance, and repair of a sanitary sewer line to serve the Ridgmar Cinemark Theater for a total cost of$2.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 9 of 20 L-13736 There was presented Mayor and Council Communication No. L- Sanitary Sewer 13736 from the City Manager recommending that the City Council Easement approve the acceptance of one permanent sanitary sewer easement described as A-1262, A.S. Roberts Survey, Tarrant County, Texas from Mike Sandlin Companies, Inc. for property located west of W.J. Boaz Road and Elkins School Road (DOE 4011) needed for future development for the Innisbrook Place, Phase I Addition for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13737 There was presented Mayor and Council Communication No. L- Sanitary Sewer 13737 from the City Manager recommending that the City Council Easement& approve the acceptance of one permanent sanitary sewer Construction easement and one temporary construction easement described as Easement Lot 17, Block 2-A-R, Jinkens Heights Addition, Tarrant County, Texas, located at 6208 Loydhill Lane from Thomas E. Trantham (DOE 4297) for the Boat Club Plaza project needed for the purpose of constructing, replacing, upgrading, repairing, and maintaining a sanitary sewer line for property located west of Boat Club Road and south of Ivy Hill Road for a cost of$1.00. It was the consensus of the City Council that the recommendation be adopted. L-13738 There was presented Mayor and Council Communication No. L- Water Line 13738 from the City Manager recommending that the City Council Easements authorize the City Manager to accept two permanent water line easements described as part of John Hibbins Survey, Abstract No. 638, Tarrant County, Texas from Oncor Electric Delivery Company for the construction of a variable width water main in Northwest Tarrant County, Northside II Water Main Extension, Phase II (DOE 4088) between North Main.Street and Blue Mound Road for a total cost of $20.00. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. PZ-2515 There was presented Mayor and Council Communication No. PZ- Continued for 2515 from the City Manager recommending that the City Council One Week approve a resolution closing a portion of Collinwood Avenue between the northeast corner of Lot 15, Block 68, and the southeast corner of Lot 26, Block 40, of the Chamberlin Arlington Heights Addition located along the west right-of-way line of the north-south alley, at its intersection with the easterly terminus of Collinwood Avenue. Mr. Bob Riley, Development Department Director, stated that staff had received a letter from the lawyer representing the applicants of this street closure requesting this item be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 10 of 20 Council Member Stevenson asked that all parties relative to this closure make every effort to communicate with each other and bring this issue to a closure. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be continued for one week. The motion carried unanimously. PZ-2516 It was the consensus of the City Council that Mayor and Council Continued for Communication No. PZ-2516, Establishing a Timetable for One Week Proposed Voluntary Annexation of Approximately 105 Acres of Land located North of Park Drive, South of Bonds Ranch Road, East of Boat Club Road, and West of Business Highway 287 in Tarrant County, Texas (Lago Vista at Bonds Ranch) (Annexation Case No. AX-04-01), be continued for one week. PZ-2517 There was presented Mayor and Council Communication No. PZ- Ord. #15810 2517 from the City Manager recommending that the City Council Vacate 12-Foot adopt Ordinance No. 15810 vacating a portion of a 12-foot wide by Wide Alley 207-foot long alley projecting north of West Berry Street, and Projecting 207 located between Lot Nos. 1 through 4, and Lot Nos. 10 through 14, Feet North of in Block 13, of Forest Park Addition, Fort Worth, Texas, as situated West Berry in the W. Hudson Survey, Abstract No. 717. Street (VA-03-030) Bob Rocket Mr. Bob Rocket, 307 W. Seventh Street, an attorney representing Beverly Perrotti, appeared before Council in opposition of this issue. He stated that the Perrotti family had owned the business on this property for 16 years and that the alley provided access to their business for delivery trucks. He added that his clients were not opposed to the development, just the abandonment of the alley. He asked that Council continue this issue for 30 days to allow more discussion with the developers of this property. Jim Dunaway Mr. Jim Dunaway, 777 Taylor Street Suite 2040, representing the developer, appeared before Council in support of this issue. He stated that the alley must be vacated in order for the project to progress. He outlined the two access points proposed for deliveries to the Perrotti's business. Sandra Dennehy Ms. Sandra S. Dennehy, 3124 College Avenue, President, Berry Street Jim Johnson Iniative, and Mr. Jim Johnson, 3224 Rogers, Berry Street Initiative Board Member, appeared before Council in support of this issue. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 11 of 20 Mr. Rocket provided rebuttal stating that his clients were very concerned with how this project would affect them. He further stated that they had not seen any legal binding document that would preserve access to their business and asked that this issue either be continued for 30 days or that Council not adopt the ordinance. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. PZ- 2517 be adopted, as amended, by adding the following language: "The vacation of the alley is conditioned on the filing of two perpetual easements in the Tarrant County Deed Records in form and content acceptable to the City providing access to Lot 5, Block 13 and the acceptance by the City of the replat of the property indicating the location of the two perpetual. easements". The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Moss, Stevenson, and Davis NOES: Council Member Picht ABSENT: Council Member Lane C-19915 There was presented Mayor and Council Communication No. C- PPC Firestone 19915 from the City Manager recommending that the City Council Limited authorize the City Manager to enter into a consent agreement with Partnership PPC Firestone Limited Partnership authorizing use of the right-of- way for encroachments in the right-of-way for the Firestone Square project in the 1000 block of West 7th Street. It was the consensus of the City Council that the recommendation be adopted. C-19916 There was presented Mayor and Council Communication No. C- Jamail 19916 from the City Manager recommending that the City Council: Construction Company, Inc. 1. Authorize the execution of a contract with Jamail Construction Company, Inc. for construction services for minor construction and renovation projects. Prices will be based on an existing Texas Local Government Cooperative, BuyBoard contract as follows: a) 18% discount off of R.S. Means Construction Pricing Guide for normal hours; and b) 15% discount off of R.S. Means Construction Pricing Guide for other than normal hours. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 12 of 20 2. Authorize the contract to begin January 6, 2004, and expire September 30, 2004, with options to renew for four additional one-year periods; and 3. Authorize the maximum value of any individual purchase order to be $200,000.00. The aggregate amount Council of purchase orders in an individual year will not exceed $1,000,000.00 without authorization from the City Council. A Mayor and Council Communication will be required for any purchase order exceeding $25,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19917 There was presented Mayor and Council Communication No. C- Sutton & 19917 from the City Manager recommending that the City Council Associates, L.P. authorize the City Manager to execute a contract with Sutton & Associates, L.P in the amount of $156,687.50 for Surface Wedge Milling (2004-3) at various locations for one year. It was the consensus of the City Council that the recommendation be adopted. C-19918 There was presented Mayor and Council Communication No. C- Ord. #15811 19918 from the City Manager recommending that the City Council: AUI Contractors, L.P. 1. Authorize the transfer of$425,055.45 from the Water and Sewer Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15811 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of$425,055.45 from available funds for the purpose of funding a contract with AUI Contractors, L.P. for Sanitary Sewer Rehabilitation Contract LXII (62), Unit 2. 3. Authorize the City Manager to execute a contract with AUI Contractors, L.P. in the amount of$379,055.45 for Sanitary Sewer Rehabilitation and Improvements Contract LXII (62), Unit 2. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 13 of 20 C-19919 There was presented Mayor and Council Communication No. C- Ord. #15812 19919 from the City Manager recommending that the City Council: Rainier Construction 1. Authorize the transfer of$721,638.25 from the Water and Sewer Company Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15812 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of$721,638.25 from available funds for the purpose of funding a contract with Rainier Construction Company for Sanitary Sewer Rehabilitation Contract LXII (62), Units 1 and 3. 3. Authorize the City Manager to execute a contract with Rainier Construction Company in the amount of $642,638.25 for Sanitary Sewer Rehabilitation and Improvements Contract LXII (62), Units 1 and 3. It was the consensus of the City Council that the recommendation be adopted. C-19920 There was presented Mayor and Council Communication No. C- Ord. #15813 19920 from the City Manager recommending that the City Council: BDS Technologies, 1. Authorize the transfer of $68,857.82 from the Water and Sewer Inc. Fund to the Water Capital Project Fund in the amount of $53,088.18 and the Sewer Capital Project Fund in the amount of$15,769.64; and 2. Adopt Appropriation Ordinance No. 15813 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $53,088.18 and the Sewer Capital Project Fund in the amount of $15,769.64 from available funds for the purpose of funding an Engineering Agreement with BDS Technologies, Inc. for Water and Sanitary Sewer Replacement Contract 2003, STM-C; and 3. Authorize the City Manager to execute an agreement with BDS Technologies, Inc. in the amount of $67,357.82 for the design of Water and Sanitary Sewer Replacement Contract 2003, STM-C. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 14 of 20 C-19921 There was presented Mayor and Council Communication No. C- Ord. #15814 19921 from the City Manager recommending that the City Council: American Environmental 1. Authorize the City Manager to execute a contract with Specialties, Inc. American Environmental Specialties, Inc. for asbestos abatement services in Hangars 6-10N at Fort Worth Meacham International Airport; and 2. Approve the transfer of $27,655.00 in undesignated funds in the Environmental Management Fund to the Environmental Management Project Fund; and 3. Adopt Appropriation Ordinance No. 15814 increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $27,655.00 from available funds, for the purpose of funding American Environmental Specialties, Inc. for asbestos abatement services at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-19922 There was presented Mayor and Council Communication No. C- Exhibit's 19922 from the City Manager recommending that the City Council Building authorize the City Manager to enter into a consent agreement with Partnership Exhibit's Building Partnership authorizing use of Sanitary Sewer Easement for proposed encroachments for Hales Shuck A Peel, Inc. It was the consensus of the City Council that the recommendation be adopted. C-19923 There was presented Mayor and Council Communication No. C- Parks for Play, 19923 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Parks for Play, Inc. in the amount of $306,954.19 for the renovation of four playgrounds at Fairfax, Meadowood, Normandy Place, and Village Creek Parks. It was the consensus of the City Council that the recommendation be adopted. C-19924 There was presented Mayor and Council Communication No. C- Eagle 19924 from the City Manager recommending that the City Council: Construction & Environmental 1. Rescind the contract award to Garner Environmental Services, Services, L.P. Inc.; and CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 15 of 20 2. Authorize the City Manager to execute a contract with Eagle Construction and Environmental Services, L.P. in the amount of$103,527.00. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19925 There was presented Mayor and Council Communication No. C- Premier 19925 from the City Manager recommending that the City Council Communities, authorization to execute a contract with Premier Communities, Inc. Inc. to manage the improvements and services in the Public Improvement District No. 6 during the remainder of FY2003-2004 for the sum of$3,570.00 per month. Council Member Haskin made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. ZC-03-269 It appeared that the City Council, at its meeting of December 16, Approved 2003, continued the hearing of the application of Koll Development for a change in zoning of property located in the 14400 block of Statler Boulevard from "D" High Density Multi-Family to "E" Neighborhood Commercial, Zoning Docket No. ZC-03-269. Mayor Moncrief asked if there was anyone present desiring to be heard. Council Member Moss inquired if the sale of alcoholic beverages would be permitted at this development. Bill Guthrey Mr. Bill Guthrey, 8411 Preston Road #700, appeared before Council in support of the zoning change. He stated that this development had deed restrictions for office space only and that no retail development or alcoholic beverage sales would be allowed. There being no one else present desiring to be heard in connection with the application of Koll Development, Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-269 be approved. The motion carried unanimously. Zoning Hearing It appeared to the City Council that the Notice of Public Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on December 17, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 16 of 20 ZC-03-288 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of City of Fort Worth Planning Department for a change in zoning of property located West 7th and University Drive from "E" Neighborhood Commercial, "FR" General Commercial Restricted, "F" General Commercial, "G" Intensive Commercial, "J" Medium Industrial, "PD-248" Planned Development for all uses in "G" Intensive Commercial plus apartments and "PD-464" Planned Development for all uses in "C" Medium Density Multi-Family to "MU-1" Low Intensity Mixed-Use and "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-03- 288, be approved. The motion carried unanimously. ZC-03-291 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of City of Fort Worth Planning Department for a change in zoning of properties located at 2813, 2821, 2825, 2833, 2901, 2908, 2909, & 2925 Crockett Street, 2824 and 2830 Morton Street and 2825 and 2921 West 7th Street from "J" Medium Industrial to "PD/SU" Planned Development/ Specific Use for all uses in "MU-2" High Intensity Mixed-Use plus storage yard for building materials and outdoor products display (Waiver of site plan recommended), Zoning Docket No. ZC-03-291, be approved. The motion carried unanimously. ZC-03-303 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of Baptist Foundation of Texas for a change in zoning of property located north of Heritage Trace Parkway, east of Harmon Road from "C" Medium Density Multi- Family to "E" Neighborhood Commercial, Zoning Docket No. ZC- 03-303, be approved. The motion carried unanimously. ZC-03-305 Mr. Jim Schell, 901 Fort Worth Club, representing the applicant, SP-03-050 appeared before Council in support of the zoning change. He Approved stated that a revised site plan had been submitted and requested Jim Schell Council's favorable consideration. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the application of Leonard H. and Laurie Roberts for a change in zoning of property located at 4400 Overton Crest Drive from "A" One-Family to "PD/SU" Planned Development/Specific Use for all uses in "A-5" One-Family plus perimeter fencing and gates, Zoning Docket No. ZC-03-305 and Site Plan No. SP-03-050, be approved, with amended site plan. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 17 of 20 ZC-03-319 Council Member Davis made a motion, seconded by Council Approved Member Stevenson, that the application of City of Fort Worth Planning Department for a change in zoning of property located north of Berry Street (between Stadium Drive and McCart Avenue), south of Berry Street (between Rogers Avenue and Forest Park Boulevard) and 3113 South University Drive from "B" Two-Family, "C" Medium Density Multi-Family, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "F" General Commercial, "CF" Community Facilities and "G" Intensive Commercial to "MU-1" Low Intensity Mixed-Use, "PD/MU-1" Planned Development/Low Intensity Mixed-Use increasing the height to 80 feet, or six stories, for the area at 3113 South University Drive and "PD/MU-2" Planned Development/High Intensity Mixed-Use for the area north Berry Street, Zoning Docket No. ZC-03-319, be approved. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing for the designation of the Berry/University 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. Elizee Michel, representing the Housing Department, appeared before Council, gave a staff report, called attention to Mayor and Council Communication No. G-14214 as follows: G-14214 There was presented Mayor and Council Communication No. G- Res. #3030 14214 from the City Manager recommending that the City Council: Ord. #15815 Designation of 1. Adopt Resolution No. 3030 to designate the Berry/University Berry/University area as a Neighborhood Empowerment Zone; and Area as a Neighborhood 2. Hold a public hearing concerning the designation of the Berry/ Empowerment University area as Fort Worth Neighborhood Empowerment Zone & Fort Reinvestment Zone No. 13; and Worth Neighborhood 3. Adopt Ordinance No. 15815 designating a certain area in the Empowerment City of Fort Worth as "Neighborhood Empowerment Reinvestment Reinvestment Zone No. 13, City of Fort Worth, Texas"; Zone 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. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 18 of 20 There being no one present desiring to be heard in the public hearing concerning the designation of the Berry/University area as a Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Reinvestment Zone, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed and that Mayor and Council Communication No. G-14214 be adopted with the following amendments to Exhibit A of the ordinance. a. Page 1: Correct the four references to "McPhearson" to reflect "McPherson" b. Page 4: Delete "...southwest corner of Worth Hills park..." and replace with "...southwest corner of the portion of Worth Hills Park located north of Benbrook Boulevard..." The motion carried unanimously. ZC-03-320 Mr. Riley stated that staff had recommended the portion of the Approved, as zoning change reflecting "...`PD/MU-2' Planned Development to amended MU-2 High Intensity Mixed-Use standards..." and the site plan be SP-03-055 removed from consideration and be continued until January 20, Continued until 2004. January 20, 2004 Council Member Davis made a motion, seconded by Council Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located east of Foch Street, south of Weisenberger Street, north of Stayton Street and west of Arthur Street from "D" High Density Multi-Family, "E" Neighborhood Commercial, "J" Medium Industrial, "K" Heavy Industrial and "PD-268" Planned Development for additional Parking to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-03-320 , be approved, as amended. The motion carried unanimously. ZC-03-321 It appeared that the City Council set today as the date for a hearing Ord. #15816 for Zoning Docket No. ZC-03-321, Text Amendment regulating the Text development of townhouses in "H" Central Business District. Amendment Mayor Moncrief asked if there was anyone present desiring to be Approved heard. CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 19 of 20 There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-321 be approved with the following amendment: a. Page 3, 4.906C Property Development Standards, first paragraph: add second sentence to reflect "Development in this district shall be exempt from Chapter 6, Article 1, Sections 6.101 B, 6.101 C, 6.101 E, and 6.101 F." b. Page 3, C Nonresidential Districts Across Street from Residential Districts, first paragraph: add after "...Districts,..." "with the exception of.the Central Business "H" District,..." ORDINANCE NO. 15816 AN ORDINANCE AMENDING THE ZOINGING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 4, "DISTRICT REGULATION" AND CHAPTER 6, "DEVELOPMENT STANDARDS" TO EXEMPT THE CENTRAL BUSINESS ("H") DISTRICT FROM THE REAR, SIDE AND FRONT YARD SETBACKS; BY AMENDING CHAPTER 4, "DISTRICT REGULATIONS" SO THAT THE PURPOSE AND INTENT STATEMENT ACCURATELY REFLECTS ALLOWABLE USES; 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-03-327 It was the consensus of the City Council that Zoning Docket No. Withdrawn ZC-03-327, the application of Ken Schaumburg for a change in zoning of property located at 959 and 961 Bluff Street and 409 North Henderson Street from "H" Central Business District to "MU- 2" High Intensity Mixed-Use, be withdrawn. 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 Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS JANUARY 6, 2004 PAGE 20 of 20 ORDINANCE NO. 15817 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. Citizen Mr. James B. Lewis, 4505 French Lake Drive, and Ms. Lavina Presentations Hernandez, 4404 Odessa Avenue, appeared before Council and James Lewis, expressed their dissatisfaction relative to trash collection. Lavina Hernandez The following individuals appeared before Council and requested the City of Fort Worth amend the taxicab ordinance to increase the age of the vehicles from five years to six years: Joseph Mr. Joseph Quagraine 2544 Clovermeadow Dr. Quagraine, Mr. Nicholas Nmawokwe 2316 Fair Oaks Dr., Arlington, TX Nicholas Mr. Beltoe S. Pedro 7103 Ederville Rd. Nmawokwe, Mr. Ernest Cary 1005 Schiffier Beltoe S. Pedro, Mr. Mohamed Turay 2306 Vaugh Blvd. Ernest Cary, Mohamed Turay Adjournment There being no further business, the meeting as adjourned at/4A 8: p.m. CITY CRETARY AYOR