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HomeMy WebLinkAbout2003/05/27-Minutes-City Council CITY COUNCIL MEETING MAY 27, 2003 Date & Time On the 27th day of May, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:00 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Mr. Don Davis, Western Hills Church of Christ. 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 May 20, 2003, were approved unanimously. Special Council Member Davis presented a Proclamation for Motorcycle Presentations Safety and Awareness Month. Announcements Council Member Picht thanked the general public who attended the Memorial Day services at Greenwood Cemetery at which members of the Canadian Air Force were honored. He expressed appreciation to Dr. Griffin Murphy for coordinating the successful event. Assistant City Manager Libby Watson provided a brief overview on the current status of the solid waste program. Mayor Moncrief announced the creation of a task force comprised of Mayor Pro tempore McCloud (Chair), and Council Members Lane, Haskin, and Silcox. The task force was charged to review the service delivery design of the point-to-point brush and bulky waste collection program, sections of the ordinance applicable to this issue and the contractual obligations of Waste Management. He added that the task force was to provide its findings to Council in two weeks. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-13952 be continued until July 1, 2003, and Staff that Mayor and Council Communication No. C-19591 be withdrawn. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 2 of 20 Consent Agenda On motion of Council Member Davis, seconded by Council Member Lane, the consent agenda was adopted unanimously. Appointments Council Member Stevenson made a motion, seconded by Council Member Davis, to appoint Dennis Shingleton to Place 7 on the City Plan Commission, effective May 27, 2003, and with a term expiring October 1, 2003. The motion carried unanimously. Res. #2947 There was presented Resolution No. 2947 nominating Arrow Hose Nominate Arrow & Tubing, Inc. as an enterprise project pursuant to the Texas Hose & Tubing, Enterprise Zone Act, Chapter 2303, Texas Government Code. Inc as Enterprise Council Member Moss made a motion, seconded by Council Project Member Lane, that the recommendation be adopted. The motion carried unanimously. Council Member Silcox stated that a public hearing would be conducted to discuss the Heritage Trace realignment, which was referred to the Capital Improvement and Infrastructure Committee. He added that it would be held in the evening and probably in the Council Chamber. He requested that neighborhood organizations provide his Council Aide, Sandy Breaux, with a name of a central spokesperson that would represent the group. Mayor Moncrief informed the audience that everyone who turned in a citizens presentation card would be advised of the meeting date and time. OCS-1351 There was presented Mayor and Council Communication No. OCS- Claims 1351 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-13952 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-13952, Master Thoroughfare Plan July 1, 2003 Amendment: Realignment of Heritage Trace Parkway and Park Vista Boulevard, be continued until July 1, 2003. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 3 of 20 G-13976 There was presented Mayor and Council Communication No. G- Res. #2948 13976 from the City Manager recommending that the City Council Camp Bowie adopt Resolution No. 2948 accepting the Camp Bowie Boulevard Blvd. Streetscape Master Plan as a general guide for the design of Streetscape capital improvements along Camp Bowie Boulevard; and Master Plan for requesting City staff to cite said Master Plan in the 2004 update of Design of the Comprehensive Plan. It was the consensus of the City Council Capital that the recommendation be adopted. Improvements & Cite Master Plan in 2004 Comprehensive Plan G-13977 There was presented Mayor and Council Communication No. G- Ord. #15565 13977 from the City Manager recommending that the City Council Payment from adopt Appropriation Ordinance No. 15565 increasing estimated Ken Moore receipts and appropriations in the Special Trust Fund in the Enterprises, Inc. amount of $46,810.79 from available funds for the purpose of for Public funding improvements, equipment, and promotion of the Will Events Rogers Memorial Center; and authorize the use of these funds in Department accordance with the City's purchasing and expenditure guidelines. Special Trust It was the consensus of the City Council that the recommendation Fund be adopted. G-13978 There was presented Mayor and Council Communication No. G- Ord. #15566 13978 from the City Manager recommending that the City Council: Fair Housing Initiative 1. Authorize the City Manager to apply for and accept, if Program Grant awarded, a Fair Housing Initiative Program grant in the from U.S. amount of up to $100,000.00 from the U.S. Department of Department of Housing and Urban Development to enable the Human Housing & Relations Commission to engage in fair housing education Urban and outreach; and Development 2. Adopt Appropriation Ordinance No. 15566 increasing estimated receipts and appropriations in the Grants Fund in the amount of $100,000.00 subject to receipt of a grant from the U.S. Department of Housing and Urban Development for the purpose of funding the Human Relations Commission's fair housing education and outreach program. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 4 of 20 G-13979 There was presented Mayor and Council Communication No. G- Declare 13979 from the City Manager recommending that the City Council: Sufficiency of Petition & Set 1. Find that the petition for re-establishment of the proposed Public Hearing Fort Worth Improvement District No. 8 contains sufficient Date for signatures and meets other requirements of Chapter 372, Proposed Re- Subchapter A, Section 372.005 of the Local Government Establishment of Code (the Public Improvement District Assessment Act); and Fort Worth Improvement 2. Direct the City Secretary to file I.R. Number 8497 containing District No. 8 the information as required by Chapter 372, Subchapter A; (Camp Bowie) and 3. Set June 24, 2003, at 10:00 a.m. as the date and time to consider the following matters: • The advisability of re-establishing the proposed district; and • The general nature of the proposed improvements and/or services; and • The estimated costs of the improvements and/or services; and • The boundaries of the proposed improvement district; and • The proposed method of assessment; and 4. Direct the City Secretary to give notice of the public hearing in accordance with state law. It was the consensus of the City Council that the recommendation be adopted. G-13980 There was presented Mayor and Council Communication No. G- Ord. #15567 13980 from the City Manager recommending that the City Council: Res. #2949 Grant for Design 1. Authorize the City Manager to apply for and execute, if & Development awarded, a grant agreement relating to the respective duties of Permanent Air and obligations of the Texas Department of Transportation Traffic Control (TxDOT) and the City under the grant for the development of Tower at Fort a permanent Air Traffic Control Tower at Fort Worth Spinks Worth Spinks Airport (Spinks) from TxDOT in the amount of $1,000,000.00; Airport and CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 5 of 20 2. Authorize the transfer of funds from the Airport Operating Fund to the Airport Grant Fund in the amount of $100,000.00; and 3. Adopt Appropriation Ordinance No. 15567 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,000,000.00, subject to receipt of the grant from the Texas Department of Transportation, Aviation Division, for the purpose of funding the design and development of a permanent Air Traffic Control Tower at Fort Worth Spinks Airport; and 4. Adopt Resolution No. 2949 certifying that $100,000.00 in City funds will be available as a ten percent match for a grant from the TxDOT Aviation Division in the amount of $1,000,000.00 for the design and development of a permanent Air Traffic Control Tower at Spinks. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing to adopt an ordinance and make findings concerning the amendment of the boundary of the North Enterprise Zone. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Ardina Washington, representing the Economic Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-13981, as follows: G-13981 There was presented Mayor and Council Communication No. G- Ord. #15568 13981 from the City Manager recommending that the City Council: Amend Boundary of 1. Conduct a public hearing regarding an amendment to the North Enterprise boundary of the North Enterprise Zone, as provided in the Zone ordinance; and 2. Adopt Ordinance No. 15568 amending the boundary of the City of Fort Worth North Enterprise Zone (Enterprise Zone No. EZ222-052797-FWN) pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code; providing incentives to the amended area; reaffirming an authorized representative to act in all matters pertaining to CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 6 of 20 the nomination and designation of the area described herein as an Enterprise Zone and Reinvestment Zone; reaffirming the liaison to act on all matters pertaining to the Texas Enterprise Zone Act once amended by Texas Economic Development; and 3. Find that the North Enterprise Zone area, as amended, meets the requirements and criteria of the Texas Enterprise Zone Act; and 4. Authorize the City Manager to submit the appropriate application to Texas Economic Development to amend the boundary of the North Enterprise Zone. There being no one present desiring to be heard in connection with the public hearing to adopt an ordinance and make findings concerning the amendment of the boundary of the North Enterprise Zone, Council Member Lane made a motion, seconded by Council Member Silcox, that the public hearing be closed and that Mayor and Council Communication No. G-13981 be adopted. The motion carried unanimously. G-13982 There was presented Mayor and Council Communication No. G- Reallocate 13982 from the City Manager recommending that the City Council CDBG Funds to authorize the City Manager to reallocate $20,000.00 from the Boys & Girls Community Development Block Grant (CDBG) Year XXVIII Clubs of Greater unprogrammed funds to the Boys and Girls Clubs of Greater Fort Fort Worth for Worth for the lease of two vans for the Comin' Up Gang Lease of Vans Intervention Program. Mayor Pro tempore McCloud made a for Comin' Up motion, seconded by Council Member Davis, that the Gang recommendation be adopted. The motion carried unanimously. Intervention Program Public Hearing It appeared that the City Council set today as the date for a public hearing to designate the Historic Handley Area as 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 and called attention to Mayor and Council Communication No. G-13983, as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 7 of 20 G-13983 There was presented Mayor and Council Communication No. G- Res. #2950 13983 from the City Manager recommending that the City Council: Ord. #15569 Designate 1. Adopt Resolution No. 2950 designating the Historic Handley Historic Handley Area as a Neighborhood Empowerment Zone (NEZ); and Area as NEZ & FWNERZ #9 2. Hold a public hearing concerning the designation of the Historic Handley Area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 9; and 3. Adopt Ordinance No. 15569 designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 9, 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. There being no one present desiring to be heard in connection with the public hearing to designate the Historic Handley Area as Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Reinvestment Zone, Council Member Moss made a motion, seconded by Council Member Silcox, that the public hearing be closed and that Mayor and Council Communication No. G-13983 be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing to designate the Woodhaven area as 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 and called attention to Mayor and Council Communication No. G-13984, as follows: G-13984 There was presented Mayor and Council Communication No. G- Res. #2951 13984 from the City Manager recommending that the City Council: Ord. #15570 Designate 1. Adopt Resolution No. 2951 to designate the Woodhaven area Woodhaven as a Neighborhood Empowerment Zone (NEZ); and Area as NEZ & FWNERZ #10 2. Hold a public hearing concerning the designation of the Woodhaven area as Fort Worth Neighborhood Empowerment Reinvestment Zone (FWNERZ) No. 10; and CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 8 of 20 3. Adopt Ordinance No. 15570 designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 10, 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; and 4. Approve the amendment to the NEZ Policy Statement on the Creation of Local NEZs and the NEZ Tax Abatement Policy Basic Incentives to provide that in order for a project in the Woodhaven NEZ to be considered eligible to receive NEZ incentives, the Woodhaven Community Development Corporation and the Woodhaven Neighborhood Association must have submitted a letter of support for the project to the City of Fort Worth. There being no one present desiring to be heard in connection with the public hearing to designate the Woodhaven Area as Neighborhood Empowerment Zone and Fort Worth Neighborhood Empowerment Reinvestment Zone, Council Member Haskin made a motion, seconded by Council Member Davis, that the public hearing be closed and that Mayor and Council Communication No. G-13984 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Stevenson, and Davis NOES: Council Members Moss and Picht ABSENT: None Council Member Haskin acknowledged former Assistant City Manager Vernell Sturns and Mr. Joe Epps who were present in the Council Chamber and expressed her appreciation for their hard work on the Woodhaven NEZ and Empowerment Reinvestment Zone. P-9795 There was presented Mayor and Council Communication No. P- Vetter Lifting 9795 from the City Manager recommending that the City Council Bags with authorize the purchase of two Vetter lifting bags with accessories Accessories from Four Alarm Fire Equipment for the Fire Department, Equipment Division for an amount not to exceed $37,252.00, freight included, with payment due 30 days from the invoice date. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 9 of 20 P-9796 There was presented Mayor and Council Communication No. P- Lunch & Snack 9796 from the City Manager recommending that the City Council Meals for authorize a purchase agreement with Senior Citizen Services to Summer Food provide lunch and snack meals for the summer food program for Program the Parks and Community Services Department based on the low bid meeting specifications with payment due 30 days after receipt of the invoice; and authorize this agreement to begin June 2, 2003, and expire August 8, 2003. It was the consensus of the City Council that the recommendation be adopted. P-9797 There was presented Mayor and Council Communication No. P- Traffic Signal 9797 from the City Manager recommending that the City Council Controllers, authorize a purchase agreement for traffic signal controllers, Cabinets & cabinets and equipment with multiple vendors for the Equipment Transportation and Public Works Department based on the low bids meeting specifications with payment due 30 days after receipt of the invoice and freight included in unit prices; and authorize this agreement to begin June 3, 2003, and expire June 2, 2004, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9798 There was presented Mayor and Council Communication No. P- Sign Sheeting 9798 from the City Manager recommending that the City Council Material authorize a purchase agreement for sign sheeting material with 3M Company for the Transportation and Public Works Department based on the overall low bid meeting specifications with payment due 30 days after receipt of the invoice and freight included in unit prices; and authorize this agreement to begin June 3, 2003, and expire June 2, 2004, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-9799 There was presented Mayor and Council Communication No. P- Four Wheel 9799 from the City Manager recommending that the City Council Drive Crew Cab authorize the purchase of a new four wheel drive, crew cab, service Service Truck truck from Red McCombs Dodge for the Engineering Department. Award will be based on the low bid not to exceed $32,770.00 including service and repair manuals. Payment is due 30 days from the date the invoice is received and freight is included in the cost of the truck. It was the consensus of the City Council that the recommendation be adopted. P-9800 There was presented Mayor and Council Communication No. P- Roofing Material 9800 from the City Manager recommending that the City Council authorize an annual purchase agreement for roofing materials with CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 10 of 20 Guardian Building Products for the Transportation and Public Works Department, Facilities Management Division based on the lowest overall bid, with payment discounts of one percent if invoices are paid by the tenth of the month, net 25 days after receipt of invoice, and freight charges are included in bid prices; and authorize this agreement to begin May 27, 2003, and expire May 26, 2004, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9801 There was presented Mayor and Council Communication No. P- Antique Style 9801 from the City Manager recommending that the City Council Street Lights authorize a purchase agreement with Techline, Inc. for antique style street lights for the Transportation and Public Works Department based on the low bid meeting specifications with payment due 30 days after receipt of the invoice and freight included in unit cost; and authorize this agreement to begin May 27, 2003, and expire May 26, 2004, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9802 There was presented Mayor and Council Communication No. P- Ord. #15571 9802 from the City Manager recommending that the City Council: Self-Serve Fueling 1. Authorize the City Manager to purchase Self-Serve Fueling Equipment Equipment from Anthony Properties for Fort Worth Spinks Airport for the amount not to exceed $44,000.00; and 2. Authorize the transfer of $44,000.00 from escrow funds to revenue in the Municipal Airports Fund; and 3. Adopt Appropriation Ordinance No. 15571 increasing estimated receipts and appropriations in the Municipal Airports Fund in the amount of $44,000.00 from available escrow funds for the purpose of funding Self-Serve Fueling Equipment from Anthony Properties for Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. Council Member Haskin excused herself from the Council table at this time. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 11 of 20 P-9803 There was presented Mayor and Council Communication No. P- Fire Battalion 9803 from the City Manager recommending that the City Council Chief Vehicle authorize a non-competitive purchase of a new Fire Battalion Chief vehicle from Nichols Ford AutoNation for the Fire Department in an amount not to exceed $36,838.55 with payment due upon receipt of the vehicle and transportation cost included in the cost of the vehicle. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. L-13566 There was presented Mayor and Council Communication No. L- Lease of Lake 13566 from the City Manager recommending that the City Council Worth Property authorize the approval of a five-year lease with Kenneth A. Hawkins and Janet L. Hawkins for City-owned Lake Worth property for use of a private water well located at Lot 19, Block 15 (7308 Love Circle) and located adjacent to and on the west boundary of Lot 18, Block 15 (7316 Love Circle), commencing on April 1, 2003, and ending on March 31, 2008, with an annual lease rate of $675.00. It was the consensus of the City Council that the recommendation be adopted. L-13567 There was presented Mayor and Council Communication No. L- Sale of Tax 13567 from the City Manager recommending that the City Council: Foreclosed Properties & 1. Approve the sale of a portion of two tax foreclosed Temporary properties described as Abstract No. 1 954, Tract 21A, Right-of-Entry Edmund Little Survey (1300 Northeast 28 Street) and Lot Agreement for 13, Block 12, Vickery Addition (1159 Freeman Street) to the Tax Foreclosed Texas Department of Transportation (TxDOT) in accordance Property with Texas Local Government Code 272.001 for the purpose of the BUS287P East Rosedale Street Project and the South Highway 183 Project; and 2. Approve one temporary right-of-entry agreement for one tax foreclosed property described as North 100 feet of Lots 21, 22 and 23 and the North 100 feet, West 20 feet of Lot 24, Block 5, Lakeview Addition (1617 Rosedale Street) to TxDOT for the purpose of removing underground storage tanks and contamination testing for the BUS287P East Rosedale Street Project (DOE 920). It was the consensus of the City Council that the recommendation be adopted. L-13568 There was presented Mayor and Council Communication No. L- Extend Lease for 13568 from the City Manager recommending that the City Council Office Space authorize the City Manager to execute a lease extension with Tracy CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 12 of 20 L. Kobs, Robert W. Dowling, and Emily Hardesty for office space for a Neighborhood Policing District Headquarters at 2509 Merrick Street for the Police Department at a cost of $40,800.00 per year; and approve the lease extension term of one year beginning June 1, 2003, and expiring May 31, 2004, with two one-year renewal options. It was the consensus of the City Council that the recommendation be adopted. L-13569 There was presented Mayor and Council Communication No. L- Lease Office 13569 from the City Manager recommending that the City Council Space authorize the City Manager to execute a lease agreement with Wide Open Spaces, Ltd. for approximately 1,000 square feet of office space located at 1017 Gounah Street for the Police Department, at a cost of $1.00 per year; and authorize the agreement to begin June 1, 2003, and expire May 31, 2004, with one twelve-month renewal option. It was the consensus of the City Council that the recommendation be adopted. L-13570 There was presented Mayor and Council Communication No. L- Permanent 13570 from the City Manager recommending that the City Council Aerial Easement authorize the conveyance of one permanent aerial easement and & Right-of-Way right-of-way described as part of the Abner H. Hodge Survey, Abstract No. 1789, Tarrant County, Texas, to Oncor Electric Delivery Company needed for the installation of a 138kv electrical transmission line between Rocky Creek substation located near the intersection of Old Granbury Road and Stewart Feltz Road, and Primrose substation located near the intersection of Old Granbury Road and Columbus Trail in Southwest Tarrant County (DOE 2716) for a cost of $10.00. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. PZ-2483 There was presented Mayor and Council Communication No. PZ- Ord. #15572 2483 from the City Manager recommending that the City Council Annexation for adopt Ordinance No. 15572 declaring certain findings; providing Full Purposes of for the extension of certain boundary limits of the City of Fort 801 Acres Worth; providing for the annexation of a certain 801 acres (1.25 Located North of square miles) of land, more or less, being two tracts of land Avondale Haslet situated in the Greenberry Overton Survey, Abstract No. 1185 and Road, East of Sendera Ranch, the M.E.P. & P. R.R. Co. Survey, Abstract No. 1132, Tarrant County, South of John Day Texas, and the Greenberry Overton Survey, Abstract No. 972, Road, and West of Denton County, Texas, and being a portion of that certain tract of FM 156 (Sendera land described by deed to Two SR, L.P., Tarrant County, Texas Ranch East) (Case No. AX-03-0001) which said territory lies adjacent to and AX-03-0001 adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 13 of 20 part of taxes; providing that the inhabitants thereof shall have all privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19591 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-19591, Authorize Execution of Community Development Agreement with AIL Investment, L.P. for Reimbursement of Advance Funding for construction of North Tarrant Parkway/IH-35W Interchange and North Tarrant Parkway from IH-35W to Rainey Lake Road, be withdrawn. C-19601 There was presented Mayor and Council Communication No. C- Tarrant County 19601 from the City Manager recommending that the City Council Concessions, authorize the City Manager to extend the contract between Tarrant L.L.P. d/b/a County Concessions L.L.C. d/b/a Aramark Corporation (formerly Aramark Fine Host Corporation) and the City of Fort Worth to provide Corporation concession services at the Fort Worth Convention Center for a (Formerly Fine period of two years, to expire on June 30, 2005. It was the Host) consensus of the City Council that the recommendation be adopted. C-19602 There was presented Mayor and Council Communication No. C- Ord. #15573 19602 from the City Manager recommending that the City Council: Ord. #15574 Amend Chapter 1. Adopt Ordinance No. 15573 amending Chapter 34, Article V, 34, Article V, Wreckers, of the Code of the City of Fort Worth (1986), as Wreckers amended, by adding a definition to Section 34-176; by Interlocal adding Section 34-180.1; by amending Section 34-180(b); Agreement with and City of Arlington & Employ 2. Authorize the City Manager to execute an interlocal FINCAP, Inc. agreement with the City of Arlington for the employment of FINCAP, Inc. to conduct a study to determine the rates for private property non-consent tows and the sharing equally of the cost of such study; and 3. Adopt Appropriation Ordinance No. 15574 increasing estimated receipts and appropriations in the General Fund in the amount of $10,000.00, subject to receipt of funds from the City of Arlington, for the purpose of funding a contract with FINCAP, Inc. of Austin, Texas, to perform a study to determine the rates for non-consent towing; and CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 14 of 20 4. Authorize the City Manager to execute a contract with FINCAP, Inc of Austin, Texas, to perform a study to determine the rates for non-consent towing in Fort Worth at a cost not to exceed $20,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19603 There was presented Mayor and Council Communication No. C- Heard After 19603 from the City Manager recommending that the City Council Executive authorize the City Manager to execute a Community Development Session Agreement with AIL Investment, L.P. to provide funding for the construction of North Tarrant Parkway/IH-35W Interchange and North Tarrant Parkway from IH-35W to Rainey Lake Road. Mayor Moncrief stated that this item would be heard after the completion of Executive Session. Council Member Haskin assumed her chair. C-19604 There was presented Mayor and Council Communication No. C- Riverbend 19604 from the City Manager recommending that the City Council Investments, authorize the City Manager to execute a Community Facilities Limited by RBE Agreement with Riverbend Investments, Limited, by RBE Investments Investments Corporation for the installation of a 12-inch offsite Corporation water line to serve the Lake of River Trails Phases III, IV and V in east Fort Worth. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the second public Voluntary hearing for the proposed voluntary annexation of approximately Annexation of 31.897 acres of land located east of Cooks Lane, South of 31.897 Acres Meadowbrook Drive, and north and west of Dottie Lynn Parkway Located East of bordering the City of Arlington (Annexation Case No. AX-03-0002). Cooks Lane, Mayor Moncrief asked if there was anyone present desiring to be South of heard. Meadowbrook Drive, & North Ms. Cathy Davidson, representing the Development Department, and West of appeared before Council, gave a staff report and advised Council Dottie Lynn that staff should be directed to prepare an annexation ordinance to Parkway be adopted at the June 17, 2003 Council meeting. Bordering City of Arlington There being no one else present desiring to be heard in connection AX-03-0002 with the second public hearing for the proposed voluntary annexation of approximately 31.897 acres of land located east of CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 15 of 20 Cooks Lane, South of Meadowbrook Drive, and north and west of Dottie Lynn Parkway bordering the City of Arlington (Annexation Case No. AX-03-0002), Council Member Moss made a motion, seconded by Council Member Silcox, that the second public hearing be closed and that staff prepare an annexation ordinance to be presented at the June 17, 2003 Council meeting. The motion carried unanimously. ZC-03-065 It appeared that the City Council, at its meeting of May 13, 2003, Denied Without continued the hearing of the application of the City of Fort Worth Prejudice for a change in zoning of property located at 1610 East Bluff Street from "J" Medium Industrial to "I" Light Industrial, Zoning Docket No. ZC-03-065. Mayor Moncrief asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of the City of Fort Worth, Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03- 065 be denied without prejudice and that the applicant seek MU-2 zoning. The motion carried unanimously. ZC-03-081 It appeared that the City Council, at its meeting of May 13, 2003, Approved continued the hearing of the application of Petros Abay for a change in zoning of property located at 1800 Mitchell Boulevard from "FR" General Commercial Restricted to "E" Neighborhood Commercial, Zoning Docket No. ZC-03-081. Mayor Moncrief asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Petros Abay, Mayor Pro tempore McCloud made a motion, seconded by Council Member Moss, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-081 be approved. The motion carried unanimously. ZC-03-095 It appeared that the City Council, at its meeting of May 13, 2003, Approved continued the hearing of the application of Two S.R., L.P. for a change in zoning of property located west of John Day Road and 4500 feet north of Keller Haslet Road from unzoned and "AG" Agricultural to "AG" Agricultural, "A-5" One-Family, "A-7.5" One- Family, "CF" Community Facilities, "I" Light Industrial, and "PD/A- 5" Planned Development, Zoning Docket No. ZC-03-095. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 16 of 20 Jim Schell Mr. Jim Schell, 901 Fort Worth Club, representing the applicant, appeared before Council in support of the zoning change. He added that the Zoning Commission had approved the request for a waiver of the site plan and a "PD/A-5" for the Golf Course area, but stated that they were not, for some unknown reason, made part of the meeting record. He requested that Council approve the zoning change with these two corrections. There being no one else present desiring to be heard in connection with the application of Two S.R., L.P., Council Member Lane made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-095 be approved with waiver of site plan and "PD/A-5" Planned Development for the Golf Course area. The motion carried unanimously. ZC-03-099 It appeared that the City Council, at its meeting of May 20, 2003, Approved continued the hearing of the application of CTC Transportation, Jim Walker LLC for a change in zoning of property located at 3540 and 3550 Euless South Main from "PD/SU" Number 43 Planned Development/Specific Use for petroleum supply distribution to "PD/SU" Planned Development/Specific Use for trucking transport including outdoor equipment storage incidental to trucking operations, trucks limited to a maximum length of 50 feet, length of trucks may be increased subject to improvement of intersection of Trinity Boulevard and Euless South Main Street by applicant, with site plan required, Zoning Docket No. ZC-03-099. Mayor Moncrief asked if there was anyone present desiring to be heard. Ty Bush Mr. Ty Bush, 12608 Sweet Bay Drive, appeared before Council in opposition of the zoning change relative to maximum length of tractor-trailers and requested the Council restrict the time that temporary structures would be allowed to remain on the property after construction of the permanent structures was completed. Jim Walker Mr. Jim Walker, 331 Arbor Court, Euless, Texas, appeared before Council in support of the zoning change. There being no one else present desiring to be heard in connection with the application of CTC Transportation, Jim Walker LLP, Council Member Moss made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-099 be approved subject to the following: CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 17 of 20 1. Hours of operation limited to 7:00 a.m. to 7:00 p.m. 2. All truck and trailer storage to be maintained a minimum of 300 feet from the Euless South Main St. property line. 3. Landscaping per industrial standards of the Zoning Ordinance. 4. Outside storage limited to tractor and trailer rigs, and equipment customary to the trucking transport industry. 5. Tractor/trailer rigs may not exceed 68 feet in length. 6. Diesel fuel stored on site shall be for company vehicles only. 7. Site plan required. 8. No right hand turns off of Trinity Boulevard on to Euless South Main for trucks over 50 feet long. 9. No truck over 68 feet will be allowed once the Euless South Main is improved without going back to the Zoning Commission, City Council, and public for comment. Transportation/Public Works Department should review safety of the intersection. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Moss made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15575 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. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 18 of 20 Citizen Ms. Sharon Armstrong, 4605 Virgil, appeared before Council Presentations relative to brush and bulky waste pickup in her neighborhood. Sharon Armstrong Chris Clark Mr. Chris Clark, 4800 Carolina Trace Trail, appeared before Council relative to the Master Thoroughfare Plan Amendment. Mayor Moncrief asked Mr. Clark to speak with Assistant City Manager Marc Ott to resolve his concerns. Executive It was the consensus of the City Council that they recess into Session Executive Session at 10:58 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) Michael Moreno and Christopher Dodd v. City of Fort Worth, et al, Cause No. 4:03-CV-0369-A; b) Clear Channel Outdoors, Inc. v. Board of Adjustment, Case No. 141-196519-02; c) Emmit Johnson v. City of Fort Worth, Cause No. 249-5- 99 (Johnson County); d) Modern Contractors v. Women's Second Chance, et al, v. Felicia Alexander, et al, Cause No. 48-190689-01; e) Legal issues concerning the contract between the City and the Fort Worth Transportation Authority; f) Legal issues concerning any item listed on today's City Council meeting agenda; 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 CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 19 of 20 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 11:44 a.m. Council Member Silcox announced that the Capital Improvement and Infrastructure Committee would conduct a public hearing regarding the realignment of Heritage Trace Parkway on Wednesday, June 11, 2003, at 6:00 p.m. in the City Council Chamber. C-19603 There was presented Mayor and Council Communication No. C- AIL Investment, 19603 from the City Manager recommending that the City Council L.P. authorize the City Manager to execute a Community Development Agreement with AIL Investment, L.P. to provide funding for the construction of North Tarrant Parkway/IH-35W Interchange and North Tarrant Parkway from IH-35W to Rainey Lake Road. Chris Clark Mr. Chris Clark, 4800 Carolina Trace Trail, appeared and opposition to portions of the proposed project, called attention to current poor road conditions, traffic congestion and inquired about the public hearing dates for the bond election. City Manager Jackson acknowledged a need for additional road improvements and further stated that public meetings would be held this summer regarding the bond program. Council Member Haskin suggested that the City consider partnering with Tarrant County on this project. Steve Gregory Mr. Steve Gregory, 3701 W. Northwest Hwy #169-A, appeared in support of the proposed project. Mike Berry Mr. Mike Berry, 6217 Genoa Road, appeared before Council and read a letter from the Park Glen Neighborhood Association in support of the proposed project. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 27, 2003 PAGE 20 of 20 Council Member Lane made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 11:53 a.m. 4104� 7".100 CITY SE5RETARY MAY&K