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HomeMy WebLinkAbout2003/05/13-Minutes-City Council CITY COUNCIL MEETING MAY 13, 2003 Date & Time On the 13th day of May, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 7:10 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, 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 Pastor D. C. McPherson, Mt. Sinai Missionary Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Moss, seconded by Council Member Lane, the minutes of the regular meeting of May 6, 2003, were approved unanimously. Special Council Member Davis presented a Proclamation for Children's and Presentations Police Day. Council Member Moss presented a Proclamation for Community Action Month. Mayor Pro tempore McCloud presented a Proclamation for Music History Month. Council Member Picht presented a Proclamation for Nikki Kubes Day. Council Member Silcox presented Certificates of Recognition to former Board and Commission members. Announcements Council Member Lane announced that the Cats were playing at LaGrave Stadium and encouraged citizens to come out and see them play. He expressed appreciation to Fairmont Tour of Homes for another marvelous showing of renovated homes. He also commended Jim Austin and wife who held an induction ceremony this past Friday at the Cowboys of Color Hall of Fame and encouraged citizens to visit the museum located at 3400 Mt. Vernon. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 2 of 22 Council Member Picht announced that Mr. and Mrs. Kubes had another champion in the family, their daughter, Bridgette, who was at home ill. She too is a Judoist. Jeanette Rincon Ms. Jeanette Rincon, representing the Carter Riverside Neighborhood Association and Greater Riverside, 1421 Robinwood, appeared before the City Council and expressed appreciation to Mayor Barr and Council Member Wentworth for their years of service and for the continued revitalization efforts in the Riverside area. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. G-13970 and C-19577 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Haskin, the consent agenda, as amended, was adopted unanimously. C.P. #226 — There was presented Council Proposal No. 226 requesting that the Consider City Council schedule an item for the City of Fort Worth City Designation of Council Agenda on May 27, 2003, to consider designating the Woodhaven Woodhaven area as a Neighborhood Empowerment Zone (NEZ); Area as NEZ and authorize the City Manager to prepare a resolution and an ordinance to designate the Woodhaven area as a NEZ and Reinvestment Zone. The approval of this proposal by the City Council authorizes the City Manager to prepare an amendment to the NEZ Policy Statement on the Creation of Local Neighborhood Empowerment Zone and the NEZ Tax Abatement Policy and 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. Council Member Haskin made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. Council Member Haskin introduced members of the Woodhaven Local Development Board. She also thanked them for their hard work. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 3 of 22 C.P. #227 — There was presented Council Proposal No. 227 requesting that the Accept Donation City Council accept the donation of the Marine School from the of Marine School Friends of the Marine School, Inc. for placement and preservation from Friends of at the Log Cabin Village; and approve the use of $66,005.00 in Marine School, available funds from the Park Improvements Fund to underwrite Inc. the relocation of the Marine School to the Log Cabin Village and the necessary refurbishment of the school. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Council Member Lane thanked the City Council for their action on this item and expressed special appreciation to Assistant City Manager Joe Paniagua and to Mr. Bill Pokluda. Reappoint Council Member Silcox made a motion, seconded by Council Wyntress Ware Member Moss, reappointing Wyntress Ware to the Tarrant County to 911 District 911 Emergency Assistance District Board beginning May 13, 2003, Board and with a term expiring April 1, 2005. The motion carried unanimously. OCS-1348 There was presented Mayor and Council Communication No. OCS- Claims 1348 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. Public Hearing It appeared that the City Council, at its meeting of May 6, 2003, continued the public hearing for the appeal of the decision of the Historic and Cultural Landmarks Commission to deny a Certificate of Appropriateness application for the property located at 1220 Buck Avenue. Mayor Barr asked if there was anyone present desiring to be heard. Ms. Shannon Wasielewski, representing the Planning Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13854, as follows: G-13854 There was presented Mayor and Council Communication No. G- Appeal Decision 13854 from the City Manager recommending that the City Council of HCLC to Deny consider Mr. Jon Aubry's appeal of the decision of the Historic and Certificate of Cultural Landmarks Commission (HCLC) to deny the application Appropriateness for a Certificate of Appropriateness for certain work to be Application performed on the house at 1220 Buck Avenue. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 4 of 22 Jerre Tracy and Ms. Jerre Tracy, 2734 Colonial Parkway, and Lisa Lowry, 1208 Lisa Lowry Mistletoe Drive, appeared before the City Council and expressed support for the decision of the Historic and Cultural Landmarks Commission for denial of the application. Council Member Davis advised the Council and citizens of extenuating circumstances relative to the issuance of the Certificate of Appropriateness. She made a motion, seconded by Council Member Silcox, that the City Council modify the decision of the Historic and Cultural Landmarks Commission as follows: 1. Reverse the denial and approve the request to fill in the rear window on the south side of the house with brick; 2. Reverse the denial and approve the request to replace the original front windows with divided light windows; remove the shed roof above the front door and replace the front door with a window; 3. Uphold the denial of the request to fill the two small windows flanking the fireplace with brick; 4. Uphold the denial of the request to remove the brick front porch arches, but require the applicant to construct new arches per the drawing as submitted by the applicant; 5. Uphold all other requests approved by the Landmarks Commission. Council Member Picht made a substitute motion to continue this hearing until a chronology of what actually happened was provided to Council. Mr. Fernando Costa, Director of Planning Department, appeared before Council and advised that this information was provided at the briefing heard earlier during the Pre-Council meeting. A spokeswoman, representing the owner of the property located at 1220 Buck Avenue, appeared before Council and stated that a structural engineer was consulted and that he determined that the arches were not structurally sound enough to be reconstructed over the porch and submitted a drawing of his proposed reconstruction changes. Council Member Picht withdrew his motion. There being no one else present in connection with the public hearing for the appeal of the decision of the Historic and Cultural Landmarks Commission to deny a Certificate of Appropriateness application for the property located at 1220 Buck Avenue, Council CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 5 of 22 Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed and that Mayor and Council Communication No. G-13854 be adopted, as amended. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Wentworth, and Davis NOES: Council Member Picht ABSENT: None G-13969 There was presented Mayor and Council Communication No. G- Amend 2003 13969 from the City Manager recommending that the City Council: Federal Legislative 1. Adopt the legislative items as amendments to the 2003 Program Federal Legislative Program; and 2. Authorize and direct the City Manager to distribute copies of the City's Federal Legislative Program as amended to members of Congress, to other cities, and to other interested individuals; and 3. Authorize and direct appropriate City officials to send letters of support or to meet with federal officials to discuss the City's position on the legislative items as well as all other federal initiatives as outlined in the program; and 4. Authorize and direct the City's Washington D.C. consultant in consultation with the City Manager to take the appropriate actions to advance the 2003 Federal Legislative Program as amended before Congress, the Administration and the Federal Agencies. It was the consensus of the City Council that the recommendation be adopted. G-13970 There was presented Mayor and Council Communication No. G- Ord. #15551 13970 from the City Manager recommending that the City Council: Ord. #15552 1. Authorize the City Manager to apply for and accept, if Res. #1555 Accept 42 offered, a grant for airport upgrades at Meacham Project Grant International Airport from the Texas Department of Offer for Transportation (TxDOT) in the amount of$650,000.00; and Meacham 2. Authorize the transfer of $72,223.00 from escrow funds to International revenue in the Municipal Airports Fund; and Airport CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 6 of 22 3. Adopt Appropriation Ordinance No. 15551 increasing estimated receipts and appropriations in the Municipal Airports Fund in the amount of $72,223.00 from available escrow funds for the purpose of funding the City's match for a grant with the Texas Department of Transportation for airport upgrades at Meacham International Airport; and 4. Authorize the transfer of $72,223.00 from escrow funds in the Municipal Airport Fund to the Airport Grants Fund for the City's match; and 5. Adopt Appropriation Ordinance No. 15552 increasing estimated receipts and appropriations in the Airport Grants Fund in the amount of $72,223.00 from available funds for the purpose of funding upgrades at Meacham International Airport; and 6. Adopt Resolution No. 2942 certifying the availability of the City's matching funds and authorizing the City Manager to execute a grant agreement with the State of Texas relating to the respective duties and obligations of TxDOT and the City under the grant. City Manager Jackson advised Council of a correction to Recommendation No. 5 stating that the amount of $72,223.00 should be corrected to $722,223.00. City Attorney Yett stated that the ordinance would also be amended to reflect the same correction. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G- 13970 be adopted, as amended. The motion carried unanimously. G-13971 There was presented Mayor and Council Communication No. G- Reimburse 13971 from the City Manager recommending that the City Council Hillwood authorize the City Manager to reimburse Hillwood Development Development Corporation in the amount of $183,793.90 for user refunds and on- Corporation for site credits. It was the consensus of the City Council that the Water System recommendation be adopted. On-Site Credits & User Refunds CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 7 of 22 P-9791 There was presented Mayor and Council Communication No. P- Fencing 9791 from the City Manager recommending that the City Council Material, authorize an annual purchase agreement for fencing material, Installation & installation and repair from Cleburne Fence Company for the City Repair of Fort Worth, based on the lowest overall bid received, with payments due 20 days after receipt of the invoice; the City takes ownership upon delivery; and freight charges are included in the unit prices; and authorize this agreement to begin June 1, 2003, and expire May 31, 2004, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9792 There was presented Mayor and Council Communication No. P- Mowing & Clean- 9792 from the City Manager recommending that the City Council Up Services authorize non-exclusive purchase agreements to provide mowing and clean-up services for private-owned properties with multiple vendors for the Code Compliance Department, based on the four lowest bids meeting specifications, with payments due 30 days after date of invoice; and authorize these agreements to begin May 13, 2003, and expire February 24, 2004, with options to renew for two additional one-year periods. Council Member Haskin made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. P-9793 There was presented Mayor and Council Communication No. P- Emergency High 9793 from the City Manager recommending that the City Council Voltage ratify the purchase of emergency high voltage electrical repairs Electrical from Lone Star Electric for the Will Rogers Memorial Center in the Repairs amount of $33,458.99. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. L-13554 There was presented Mayor and Council Communication No. L- Bankruptcy 13554 from the City Manager recommending that the City Council Settlement for authorize the City Manager's Office and the City Attorney's Office Delinquent to execute agreements that will settle claims between Scott Taxes Davidson and the City. It was the consensus of the City Council that the recommendation be adopted. L-13555 There was presented Mayor and Council Communication No. L- Easement 13555 from the City Manager recommending that the City Council Modification approve an easement modification for the United States of America Naval Air Station/Joint Reserve Base for City-owned property on the South Shore of Lake Worth to enlarge the existing easement CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 8 of 22 area; and authorize the City Manager to execute the appropriate easement documents. It was the consensus of the City Council that the recommendation be adopted. L-13556 There was presented Mayor and Council Communication No. L- Permanent 13556 from the City Manager recommending that the City Council Utility approve the acceptance of two permanent utility easements Easements described as Tract 1R, Ridgmar Mall Addition, Tarrant County, Texas, from Shopco, Ltd. Partnership for properties located southeast of Highway 183 and north of IH-30 needed for the purpose of installing water, sanitary sewer and drainage facilities to serve Ridgmar Mall Addition (DOE 3862). It was the consensus of the City Council that the recommendation be adopted. L-13557 There was presented Mayor and Council Communication No. L- Lease Office 13557 from the City Manager recommending that the City Council Space authorize the City Manager to execute a monthly Terminal Building Lease Office Agreement with John Fonville for Suite 254 of the Terminal Building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. PZ-2478 There was presented Mayor and Council Communication No. PZ- Ord. #15553 2478 from the City Manager recommending that the City Council Alley Vacation adopt Ordinance No. 15553 vacating a 10-foot wide alley between VA-03-008 Lots 2-9, Block 216, North Fort Worth and John Baugh Survey, Abstract No. 115, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. C-19575 There was presented Mayor and Council Communication No. C- Flatiron, LLP 19575 from the City Manager recommending that the City Council authorize the City Manager to enter into a consent agreement with Flatiron, LLP, authorizing use of the right-of-way for continuance of existing encroachments and proposed encroachments at the Flatiron Building at 1000 Houston Street and 9t" Street. It was the consensus of the City Council that the recommendation be adopted. C-19576 Revised There was presented Mayor and Council Communication No. C- Cotulla, L.P. 19576 Revised from the City Manager recommending that the City Council authorize the City Manager to enter into a consent agreement with Cotulla, L.P. authorizing use of the right-of-way for the installation of awnings along Commerce Street and Fourth Street at 500 Commerce Street. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 9 of 22 C-19577 There was presented Mayor and Council Communication No. C- Kimley-Horn, 19577 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute an engineering services agreement with Kimley-Horn, Inc. for a near westside traffic study for Trinity Parkway from University Drive to West 7t" Street for a lump sum fee of $63,500.00. Council Member Davis requested that the agreement be amended with the understanding that Kimley-Horn would work with ABCD Cultural District Committee Group and Cultural District Area Neighborhoods to receive their input regarding the parkway's placement. City Manager Jackson concurred with that amendment. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C- 19577 be adopted, as amended. The motion carried unanimously. C-19578 There was presented Mayor and Council Communication No. C- RJM 19578 from the City Manager recommending that the City Council: Contractors, LP 1. Authorize the City Manager to execute a release of American Manufacturers Mutual Insurance Company from further obligation under a performance bond for City Secretary Contract No. 28062; and 2. Authorize the City Manager to execute a construction contract with RJM Contractors, LP for the completion of the of the renovation of the gymnasium on the historic James E. Guinn Campus for Tech Fort Worth (formerly Medtech Center) (Phase 2, Guinn School Adaptive Use) and release of Southcrest Construction Company and their surety, according to the original contract documents, less deduct alternates 3, 4, 6, 7, 8 and 9, for an amount of $1,604,416.00 within 180 calendar days. It was the consensus of the City Council that the recommendation be adopted. C-19579 There was presented Mayor and Council Communication No. C- Ord. #15554 19579 from the City Manager recommending that the City Council: Cleburne Utility Construction 1. Authorize the transfer of $1,890,741.00 from the Water and Company, Inc. Sewer Operating Fund to the Water Capital Project Fund ($934,230.00) and the Sewer Capital Project Fund ($956,511.00); and CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 10 of 22 2. Adopt Appropriation Ordinance No. 15554 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $934,230.00 and the Sewer Capital Project Fund in the amount of $956,511.00 from available funds for the purpose of a contract with Cleburne Utility Construction Company, Inc. for Water and Sewer Main Replacements Contract 2003A; and 3. Authorize the City Manager to execute a contract with Cleburne Utility Construction Company, Inc. in the amount of $1,718,555.00 for Water and Sewer Main Replacements Contract 2003A. It was the consensus of the City Council that the recommendation be adopted. C-19580 There was presented Mayor and Council Communication No. C- Ord. #15555 19580 from the City Manager recommending that the City Council: SRO General Contracting, Inc. 1. Authorize the transfer of $728,570.05 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $564,869.25, and the Sewer Capital Project Fund in the amount of $163,700.80; and 2. Adopt Appropriation Ordinance No. 15555 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $564,869.25 and the Sewer Capital Project Fund in the amount of $163,700.80 from available funds for the purpose of funding a contract with SRO General Contracting, Inc. for Alternate "A" (asphalt pavement) for the reconstruction of Grace Street (Springdale Road to Northeast 28th Street) North Chandler Drive (McLemore Avenue to Yucca Avenue), Colonial Avenue (Grapewood Street to Race Street) and Race Street (Belknap Street to Fairview Street), including water and sanitary sewer main replacements; and 3. Authorize the City Manager to execute a contract with SRO General Contracting, Inc. for Alternate "A" (asphalt pavement) in the amount of $1,787,205.80 for the reconstruction of Grace Street (Springdale Road to Northeast 28th Street), North Chandler Drive (McLemore Avenue to Yucca Avenue), Colonial Avenue (Grapewood Street to Race Street), and Race Street (Belknap Street to CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 11 of 22 Fairview Street), including water and sanitary sewer main replacements. It was the consensus of the City Council that the recommendation be adopted. C-19581 There was presented Mayor and Council Communication No. C- Ord. #15556 19581 from the City Manager recommending that the City Council: Tri-Tech Construction, 1. Authorize the transfer of $1,068,018.00 from the Water and Inc. Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15556 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $1,068.018.00 from available funds for the purpose of funding a contract with Tri-Tech Construction, Inc. for Sanitary Sewer Main Replacements Contract 20026; and 3. Authorize the City Manager to execute a contract with Tri- Tech Construction, Inc. in the amount of $970,925.00 for the Sanitary Sewer Main Replacements Contract 20026. It was the consensus of the City Council that the recommendation be adopted. C-19582 There was presented Mayor and Council Communication No. C- Change Order#1 19582 from the City Manager recommending that the City Council to CSC #28340 — authorize the City Manager to execute Change Order No. 1 to City W. W. Webber, Secretary Contract No. 28340 with W. W. Webber, Inc. in the Inc. amount of $95,807.44 for West Cargo Taxiway improvements at Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. C-19583 There was presented Mayor and Council Communication No. C- Tarrant County 19583 from the City Manager recommending that the City Council authorize the City Manager to execute an interagency agreement with Tarrant County to continue the Operation Spotlight Program. It was the consensus of the City Council that the recommendation be adopted. C-19584 There was presented Mayor and Council Communication No. C- Town of 19584 from the City Manager recommending that the City Council Edgecliff Village authorize the City Manager to execute an agreement with the Town of Edgecliff Village for the transfer of certain sanitary sewer lines and manholes. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 12 of 22 C-19585 There was presented Mayor and Council Communication No. Ord. #15557 C19585 from the City Manager recommending that the City Lockwood, Council: Andrews & Newnam, Inc. 1. Authorize the transfer of $270,706.00 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15557 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $270,706.00 from available funds for the purpose of funding an engineering agreement with Lockwood, Andrews & Newnam, Inc. for Sanitary Sewer Rehabilitation Contract LXVII (67); and 3. Authorize the City Manager to execute an engineering agreement with Lockwood, Andrews & Newnam, Inc. in the amount of $260,706.00 for the Sanitary Sewer Rehabilitation Contract LXVII (67). It was the consensus of the City Council that the recommendation be adopted. C-19586 There was presented Mayor and Council Communication No. C- Ord. #15558 19586 from the City Manager recommending that the City Council: RJN Group, Inc. 1. Authorize the transfer of $309,839.00 from the Water and Sewer Operating Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15558 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $309,839.00 from available funds for the purpose of funding an engineering agreement with RJN Group, Inc. for Sanitary Sewer Rehabilitation Contract LVIII (58); and 3. Authorize the City Manager to execute an engineering agreement with RJN Group, Inc. in the amount of $299,839.00 for the Sanitary Sewer Rehabilitation Contract LVIII (58). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 13 of 22 C-19587 There was presented Mayor and Council Communication No. C- CDBG Year 19587 from the City Manager recommending that the City Council XXIX, ESG 2003- authorize the City Manager to execute Community Development 2004 & HOPWA Block Grant (CDBG) Year XXIX, Emergency Shelter Grant (ESG) Year 2003-2004 Year 2003-2004, and Housing Opportunities for Persons with AIDS (HOPWA) Year 2003-2004 contracts with multiple organizations to administer their respective programs, contingent upon approval and receipt of adequate funding from the U.S. Department of Housing and Urban Development, for a term beginning June 1, 2003, and ending May 31, 2004. Council Member Lane requested that the funding tentatively allocated for the Latin Arts Association be withheld at this time. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted, as amended, withholding the Latin Arts Association CDBG funding at this time. The motion carried unanimously. C-19588 There was presented Mayor and Council Communication No. C- Hillwood RLD, 19588 from the City Manager recommending that the City Council L.P. authorize the City Manager to execute a Community Facilities Agreement with Hillwood RLD, L.P. for the installation of water and sewer services to serve Creekwood Addition. Council Member Haskin made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. C-19589 There was presented Mayor and Council Communication No. C- Saglio 19589 from the City Manager recommending that the City Council Partnership, Ltd. authorize the City Manager to execute a Community Facilities Agreement with Saglio Partnership, Ltd. for the installation of water and sewer services to serve Sycamore Pointe Addition, Phase 2. Council Member Picht made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-19590 There was presented Mayor and Council Communication No. C- Hillwood 19590 from the City Manager recommending that the City Council Alliance authorize the City Manager to execute a Community Facilities Services, L.P. Agreement with Hillwood Alliance Services, L.P. by Hillwood Development Company, LLC, a Texas Limited Liability Company, its general partner, for the construction of a 30-inch water main to serve Westport Parkway. 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 MAY 13, 2003 PAGE 14 of 22 C-19591 There was presented Mayor and Council Communication No. C- Continued for 19591 from the City Manager recommending that the City Council Two Weeks authorize the City Manager to execute a Community Development Agreement with AIL Investment, L.P. to provide funding for the construction of the North Tarrant Parkway/IH-35W Interchange and North Tarrant Parkway from IH-35W to Rainey Lake Road. City Manager Jackson informed Council that a correction needed to be made to this M&C, stating that under the fourth paragraph, Phase I, developer's cost should reflect $2,300,325.00 rather than $2,200,325.00. Council Member Haskin made a motion, seconded by Council Member Lane, that the recommendation be adopted, as amended. The motion carried unanimously. Council Member Wentworth expressed concerns regarding the City's potential funding obligations for various stages of the project's construction. City Manager Jackson informed Council that this agreement does not open the City to any additional exposure than its current exposure with a TxDOT contract. Mr. Robert Goode, Transportation/Public Works Director, appeared before the City Council and advised them that all the cost to date were the City's obligation and no consideration at this point had been given to a Community Facilities Agreement. Council Member Davis suggested that this item be continued for two weeks to give staff an opportunity to determine the cost that the developer would pay for their participation under a Community Facilities Agreement. Staff was directed to also determine what reimbursement the developer would be entitled to under any future TIF agreement. Council Member Haskin changed her original motion to continue Mayor and Council Communication No. C-19591 for two weeks. Council Member Lane agreed with the continuation. The motion carried unanimously. Mayor Barr suggested that since there was a two-week delay on this item, that staff should pursue having a dialogue with the County as discussed during Pre-Council. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 15 of 22 C-19592 There was presented Mayor and Council Communication No. C- Tarrant County 19592 from the City Manager recommending that the City Council authorize the City Manager to execute the Interlocal Cooperation Agreement with Tarrant County for the construction of a parking lot and improvements to the existing parking lot at LaGrave Field. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. Council Member Lane expressed appreciation to Judge J.D. Johnson and Tim Curry's office for all of their assistance and City Manager Jackson thanked Peter Vaky and Reid Rector, staff that worked on this agreement for the City. Public Hearing It appeared that the City Council set today as the date for the first Proposed public hearing for the proposed voluntary annexation of Voluntary approximately 31.897 acres of land located east of Cooks Lane, Annexation of south of Meadowbrook Drive, and north and west of Dottie Lynn 31.897 Acres Parkway bordering the City of Arlington (Annexation Case No. AX- Located East of 03-002). Mayor Barr asked if there was anyone present desiring to Cooks Lane, be heard. South of Meadowbrook Ms. Cathy Davidson, representing the Development Department, Drive, & North appeared before Council, gave a staff report and advised Council and West of that staff should be directed to publish notice setting May 27, 2003, Dottie Lynn as the second public hearing. Parkway AX-03-002 There being no one else present desiring to be heard in connection with the first public hearing for the proposed voluntary annexation of approximately 31.897 acres of land located east of Cooks Lane, south of Meadowbrook Drive, and north and west of Dottie Lynn Parkway bordering the City of Arlington (Annexation Case No. AX- 03-002), Council Member Moss made a motion, seconded by Council Member Lane, that the first public hearing be closed and that the second public hearing be set for May 20, 2003. The motion carried unanimously. SP-03-002 It appeared that the City Council, at its meeting of April 1, 2003, Approved continued the hearing of the application of J. L. Bertram Construction Company for a change in zoning of property located in the 6800 block of Old Randol Mill Road for a site plan for vehicle parking and storage (under "PD/I" Planned Development/Light Industrial District), Site Plan No. SP-03-002. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 16 of 22 Jim Schell Mr. Jim Schell, 901 Fort Worth Club, representing the applicant, appeared before Council in support of the site plan. He addressed the four issues that were raised at the April 1, 2003 meeting, and requested that Council give favorable consideration for the site plan. Robert G. West Mr. Robert G. West, 301 Commerce Street, Suite 3500, representing J. L. Bertram Construction Company, appeared before Council in support of the site plan and requested approval of it. The following individuals appeared before Council in opposition of the site plan: Alex Brasfield 7700 Randol Mill Road Tom Brasfield 7700 Randol Mill Road Jesse S. Rodriguez 2004 Taxco Road Robby Ballew 6824 Randol Mill Road (Pastor of Temple Baptist Church) After a lengthy discussion among the Council, Council Member Picht made a motion, seconded by Council Member Moss, that Site Plan No. SP-03-002 be approved, as amended. Council Member Haskin made a substitute motion, seconded by Council Member Wentworth, that Site Plan No. SP-03-002 be approved, with the following amendments: 1. The L-shaped parcel of land needed to have a fence height of 12 feet and should meet City landscape ordinance that is in place regarding the entire 6.3 acres, and that the shrubbery should be evergreen 2. Annual application of dust free chemical for the parking lot 3. The large trucks should have a set time in which to be allowed to operate. Hours of operation should be after 6:00 p.m. and not travel before 7:00 a.m. The substitute motion failed by the following vote: AYES: Council Member Haskin NOES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Wentworth, and Davis ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 17 of 22 There being no one else present desiring to be heard in connection with the application of J. L. Bertram Construction Company, the original motion to approve Site Plan No. SP-03-002 as amended and closing the Zoning Hearing carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Wentworth, and Davis NOES: Council Member Haskin ABSENT: None Council Members Moss and Silcox excused themselves from the Council table at this time. Regular Zoning It appeared to the City Council that Resolution No. 2936 was Hearing adopted on April 15, 2003, setting 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 April 23, 2003. Mayor Barr asked if there was anyone present desiring to be heard. ZC-03-037 Council Member Lane made a motion, seconded by Council Approved Member Picht, that the application of One Prairie Meadows, Ltd. for a change in zoning of property located in the 11300 blocks of Alta Vista Road (Northwest and Southwest of Timberland Boulevard and Alta Vista Road) (future North Beach Street) from "CF" Community Facilities and "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-03-037, be approved. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Picht, Wentworth, and Davis NOES: Council Member Haskin ABSENT: Council Members Silcox and Moss Council Members Silcox and Moss assumed their chairs at the Council table at this time. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 18 of 22 ZC-03-065 Mayor Pro tempore McCloud made a motion, seconded by Council Continued for Member Davis, that the application of the City of Fort Worth for a Two Weeks 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, be continued for two weeks. The motion carried unanimously. ZC-03-081 Mayor Pro tempore McCloud made a motion, seconded by Council Continued for Member Davis, that the application of Petros Abay for a change in Two Weeks zoning of property located at 1800 Mitchell Boulevard from "FR" General Commercial Restricted to "E" Neighborhood Commercial, Zoning Docket No. ZC-03-081, be continued for two weeks. The motion carried unanimously. ZC-03-083 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Fort Worth Area Habitat for Humanity, Inc. for a change in zoning of property located at 1616 Avenue E from "E" Neighborhood Commercial to "A-5" One- Family, Zoning Docket No. ZC-03-083, be approved. The motion carried unanimously. ZC-03-084 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Silcox, that the application of Fort Worth Area Habitat for Humanity, Inc. for a change in zoning of property located at 1349 East Jefferson Avenue from "E" Neighborhood Commercial to "A- 5" One-Family, Zoning Docket No. ZC-03-084, be approved. The motion carried unanimously. ZC-03-086 Council Member Wentworth made a motion, seconded by Council Approved Member Davis, that the application of the City of Fort Worth for a change in zoning of property located in the 9200-9500 blocks of Boat Club Road from "AG" Agricultural to "E" Neighborhood Commercial (24.6 AC), Zoning Docket No. ZC-03-086, be approved. The motion carried unanimously. ZC-03-087 Council Member Wentworth made a motion, seconded by Council Approved Member Davis, that the application of Arbiter Group for a change in zoning of property located at 5823 Donnelly Avenue from "C" Medium Density Multi-Family to "MU-1" Low Intensity Mixed Use, Zoning Docket No. ZC-03-087, be approved. The motion carried unanimously. SP-03-013 Council Member Moss made a motion, seconded by Council Approved Member Lane, that the application of Hendricks Texas Properties I, LP for a change in zoning of property located at 5328 East CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 19 of 22 Lancaster Avenue for a site plan for office/warehouse with outside storage permitted inside a screening fence, Site Plan No. SP-03- 013, be approved. The motion carried unanimously. SP-03-014 Council Member Haskin made a motion, seconded by Council Approved Member Lane, that the application of David Cantu for a change in zoning of property located at 1833 North Beach Street for a site plan for office, Site Plan No. SP-03-014, be approved. The motion carried unanimously. ZC-03-090 Council Member Lane made a motion, seconded by Council Approved Member Haskin, that the application of Briscoe Clark Co. for a change in zoning of property located at the northwest corner of Highway 114 and Harriet Creek Drive from "C" Medium Density Multi-Family to "E" Neighborhood Commercial, Zoning Docket No. ZC-03-090, be approved. The motion carried unanimously. ZC-03-092 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of Basswood 113, LP for a change in zoning of property located in the 2900-3000 blocks of Basswood Boulevard from "A-5" One-Family and "I" Light Industrial to "A-5" One-Family (8.367 AC) and "I" Light Industrial (9.115), Zoning Docket No. ZC-03-092, be approved. The motion carried unanimously. ZC-03-093 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of Hayco Realty, Ltd. for a change in zoning of property located in the 5300-5500 block range of Ten Mile Bridge Road from "C" Medium Density Multi-Family to "CF" Community Facilities, Zoning Docket No. ZC-03-093, be approved. The motion carried unanimously. ZC-03-094 Council Member Lane made a motion, seconded by Council Approved Member Moss, that the application of D. R. Horton-Texas, Ltd. for a change in zoning of property located in the 2000 block of Western Center Boulevard from "A-5" One-Family to "CF" Community Facilities, Zoning Docket No. ZC-03-094, be approved. The motion carried unanimously. Mr. Bob Riley, Director of the Development Department, appeared before the City Council and advised Council that Zoning Docket No. ZC-03-095 should be continued for two weeks to allow the annexation to be heard at the same time the zoning is heard. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 20 of 22 ZC-03-095 Council Member Lane made a motion, seconded by Council Continued for Member Silcox, that the application of Two S.R., L.P. for a change Two Weeks 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, be continued for two weeks. The motion carried unanimously. ZC-03-096 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of Betty A. McCall for a change in zoning of property located at 959 and 961 Bluff Street from "D" High Density Multi-Family to "H" Central Business District, Zoning Docket No. ZC-03-096, be approved. The motion carried unanimously. ZC-03-097 Council Member Picht made a motion, seconded by Council Approved Member Silcox, that the application of Weatherford Ventures for a change in zoning of property located in the 1000 block of Rendon Crowley Road from "E" Neighborhood Commercial to "A-5" One- Family, Zoning Docket No. ZC-03-097, be approved. The motion carried unanimously. ZC-03-021 Council Member Wentworth made a motion, seconded by Council Denied Without Member Davis, that the application of Hills of Lake Country for a Prejudice change in zoning of property located in the 7000-8000 block of Lake Country Drive from "A-5" One-Family to "A-7.5" One-Family and "CR" Low Density Multi-Family, (92.442 Acres) Zoning Docket No. ZC-03-021, be denied without prejudice. The motion carried unanimously. ZC-03-041 Council Member Wentworth made a motion, seconded by Council Denied Without Member Davis, that the application of Shonwood, Inc. for a change Prejudice in zoning of property located in the 10000 block of Northview Drive (east of Hollow Creek Court) from "A-5" One-Family to "R-1" Zero Lot Line/Cluster Residential, Zoning Docket No. ZC-03-041, be denied without prejudice. The motion carried unanimously. Bob Strickland Mr. Bob Strickland, 2700 Mission, appeared before City Council and requested that Council approve Zoning Docket No. ZC-03-085, which would allow him to continue the operation of his property as a duplex. ZC-03-085 Mayor Pro tempore McCloud made a motion, seconded by Council Denied Member Davis, that the application of Bob Strickland for a change in zoning of property located at 709 Grainger Street from "ER" CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 21 of 22 Neighborhood Commercial Restricted to "PD/SU" Planned Development/Specific Use for continued use of a five-plex, Zoning Docket No. ZC-03-085, be denied. (See Letter of Appeal). 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 Wentworth made a motion, seconded by Council Member Lane, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15559 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. Richard Linnartz, 1400 Robinwood Drive, appeared before Presentations Council regarding the Dry Branch Creek Improvement Bond Richard Linnartz Program and presented the Council with a petition. Jeanette Rincon Ms. Jeanette Rincon, 1421 Robinwood, appeared before Council imploring the Council to solve the drainage problem regarding Dry Branch Creek project. She informed them that this was a health issue as well as a safety issue. James Taylor Mr. James Taylor, 1712 Doyle, appeared before Council regarding the size of the pipes and culverts regarding Dry Branch Creek. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 13, 2003 PAGE 22 of 22 Vicki Bargas Ms. Vicki Bargas, 301 E. Drew, appeared before Council and stated that the park improvements were not a misuse of funds received as a result the Tax Abatement for Plaza Medical Center. Virginia Bargas Ms. Virginia Bargas, 301 E. Drew, appeared before Council and stated that she lauded Council Member Davis for the assistance that she had given to Worth Heights Neighborhood. Alex Brasfield Ms. Alex Brasfield, 7700 Randol Mill Road, appeared before Council regarding safety and speed of traffic on Randol Mill Road. Tom Brasfield Mr. Tom Brasfield, 7700 Randol Mill Road, appeared before Council regarding Randol Mill Road. He further stated that a Police Officer who was running a radar check did not stop a dump truck that was speeding. He presented the Mayor with a golden saw award. Chip Diano Mr. Chip Diano, 554 S. Summit Avenue, #1010, appeared before Council and reminded them that this was Mental Health Month; spoke positively about the Southwest Freeway Project and also its correlation to a reduction in air pollution. Andrew Hill Mr. Andrew Hill speaking on behalf of Mr. John Gaperson, appeared before Council and sang a musical tribute to Council Member Wentworth. Adjournment There being no further business, the meeting was adjourned at 10:24 p.m. 4 CITY SE RETARY MAYOR