HomeMy WebLinkAbout2003/07/29-Minutes-City Council CITY COUNCIL MEETING
J U LY 29, 2003
Date & Time On the 29th day of July, A.D., 2003, the City Council of the City of
Fort Worth, Texas, met in regular session at 10:08 a.m. in the City
Council Chamber, 1000 Throckmorton, with the following members
and officers present:
Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council
Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss,
Clyde Picht and John Stevenson; City Manager Gary Jackson; City
Attorney David Yett; City Secretary Gloria Pearson. Council
Member Wendy Davis was absent. With more than a quorum
present, the following business was transacted:
Invocation The invocation was given by Pastor Floyd Moody, Mt. Horum
Missionary Baptist Church.
Pledge The Pledge of Allegiance was recited.
Minutes City Attorney Yett stated that page 5 of the minutes for the July 22,
2003 Council meeting had been revised as they related to Mayor
and Council Communication No. G-14036. He added that the
original minutes reflected an adoption of an appropriation
ordinance where none was needed.
On motion of Council Member Silcox, seconded by Council
Member Stevenson, the minutes of the regular meeting of July 22,
2003, were approved unanimously, as amended.
Special Council Member Silcox presented a Proclamation for National
Presentations Night Out.
Council Member Haskin presented a Proclamation for
Breastfeeding Awareness Month.
Announcements Mayor Pro tempore McCloud announced that the Hispanic
Wellness Fair would be conducted August 2, 2003, from 9:00 a.m.
to 3:00 p.m. at the Will Rogers Memorial Center's Round-Up Inn.
He added that anyone attending could be tested for a myriad of
health conditions as well as blood pressure checks,
mammography testing, and that some immunizations would be
provided. He also announced that today at 1:00 p.m. there would
be a press conference announcing the Professorship in the name
of Hazel Harvey Peace at the University of North Texas Library and
Information Sciences. He added that this was an opportunity to
acknowledge someone who had contributed so much to the
community.
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J U LY 29, 2003
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Council Member Haskin stated she attended the Sister Cities
International Conference this weekend along with Mayor Moncrief
and congratulated Fort Worth Sister Cities International for
receiving the Innovation Award for our Youth Program.
Withdrawn from Council Member Silcox requested that Mayor and Council
Consent Agenda Communication No. C-19672 be withdrawn from the consent
agenda.
Consent Agenda On motion of Council Member Silcox, seconded by Council
Member Stevenson, the consent agenda, as amended, was adopted
unanimously.
Appointments Council Member Haskin made a motion, seconded by Mayor Pro
tempore McCloud, that Steve Osmundson be appointed to Place 4
on the Building Standards Commission, effective July 29, 2003,
and with a term expiring September 30, 2004. The motion carried
unanimously.
C.P. #231 There was presented Council Proposal No. 231 recommending that
Action Delayed City Council adopt an ordinance amending Ordinance No. 13889 by
Until After increasing the amount of tax increment that the City of Fort Worth
Executive will deposit into the Tax Increment Reinvestment Zone No. 2, City
Session of Fort Worth, Texas (Speedway TIF). Council Member Silcox made
a motion, seconded by Council Member Lane, that action on this
item be delayed until after the Executive Session. The motion
carried unanimously.
C.P. #232 There was presented Council Proposal No. 232 recommending that
Action Delayed the City Council direct the City Manager to execute a Community
Until After Facilities Agreement with Beechwood Business Park Joint Venture
Executive for reimbursement of advance funding by Beechwood for the
Session construction of the Harriet Creek Bridge on a connector road
between FM 156 and SH114. Council Member Silcox made a
motion, seconded by Council Member Lane, that action on this
item be delayed until after the Executive Session. The motion
carried unanimously.
OCS-1363 There was presented Mayor and Council Communication No. OCS-
Claims 1363 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.
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J U LY 29, 2003
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G-14019 There was presented Mayor and Council Communication No. G-
AMENDED 14019 Amended, dated July 8, 2003, from the City Manager
Action Delayed recommending that the City Council:
Until After
Executive 1. Authorize the City Manager to execute a Subordination
Session Agreement subordinating the City's $273,500.00 pre-
development loan to Texas Housing and Economic
Resources, Inc. (THER) for the Rolling Hills subdivision,
formerly known as the Glen Eden subdivision, to
JPMorgan Chase Bank; and
2. Approve the transfer of $100,000.00 from Home Investment
Partnerships Program (HOME) funds to the Fort Worth
Housing Finance Corporation (HFC) in connection with
execution of a guaranty by the HFC of THER's
performance of its obligations pursuant to a Development
Loan Agreement with JPMorgan Chase Bank for the
Rolling Hills subdivision.
The following individuals appeared before Council in support of
this issue:
Nehemiah Davis, Reverend Nehemiah Davis 1801 Evans Ave.
Bernard Bernard Hamilton 2508 Glen Garden Ave.
Hamilton, (President, Glen Crest Civic League)
Julius Jackson, Julius L. Jackson, Jr. 2171 South Freeway
K.D. Braxton, (Represented Baptist Ministers' Union)
David Lewis, Mr. K. D. Walker Braxton 4008 Moberly
Leonard Brisco, Reverend David Lewis 1708 Rock View Ct.
Sr. Mr. Leonard Briscoe, Sr. 4774 Overton Woods Dr.
Darla Davis Ms. Darla Davis, 4509 Rolling Hills Dr., appeared before Council in
opposition of this issue.
Council Member Silcox made a motion, seconded by Council
Member Stevenson, that action on Mayor and Council
Communication No. G-14019 Amended be delayed until after
Executive Session. The motion carried unanimously.
G-14031 There was presented Mayor and Council Communication No. G-
Action Delayed 14031, dated July 15, 2003, from the City Manager recommending
Until After that the City Council give direction to the City Manager as to the
Executive extent Council wishes to fund infrastructure in Beechwood
Session Business Park (bridge, railroad crossing, intersection
CITY COUNCIL MEETING
FORT WORTH, TEXAS
J U LY 29, 2003
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improvement, streetlights, streets signs, etc.) through a
Community Facilities Agreement and, if so, give direction to the
City Manager as to a funding mechanism (reallocation of existing
funds, issue Certificates of Obligation, sinking fund). Council
Member Silcox made a motion, seconded by Council Member
Haskin, that action on this item be delayed until after the Executive
Session. The motion carried unanimously.
G-14038 There was presented Mayor and Council Communication No. G-
Ord. #15627 14038 from the City Manager recommending that the City Council:
Grant to Update
Federal Aviation 1. Authorize the City Manager to apply for and accept, if
Administration - awarded, a grant from the Federal Aviation Administration in
Federal Aviation the amount of $300,000.00 to update Federal Aviation
Regulation Part Regulation Part 150 Noise Compatibility Study at Fort Worth
150 Noise Alliance Airport; and
Compatibility 2. Authorize the use of land credits in the amount of $33,333.00
Study at Fort for the City's in-kind local match of ten percent of the project
Worth Alliance cost; and
Airport
3. Adopt Appropriation Ordinance No. 15627 increasing
estimated receipts and appropriations in the Airport Grants
Fund in the amount of $333,333.00, subject to receipt of the
grant, for the purpose of funding an update to Federal
Aviation Regulation Part 150, Noise Compatibility Study, at
Fort Worth Alliance Airport.
It was the consensus of the City Council that the recommendation
be adopted.
G-14039 There was presented Mayor and Council Communication No. G-
Ord. #15628 14039 from the City Manager recommending that the City Council:
Grant for
Additional Work 1. Authorize the City Manager to apply for and accept, if
on Runway awarded, a grant from the Federal Aviation Administration in
Extension the amount up to $20,000,000.00 for additional work
Project at Fort associated with the runway extension project at Fort Worth
Worth Alliance Alliance Airport; and
Airport 2. Authorize the use of land credits in the amount of
$2,222,222.00 for the City's in-kind local match of ten percent
of the project cost; and
3. Adopt Appropriation Ordinance No. 15628 increasing
estimated receipts and appropriations in the Airport Grants
Fund in the amount of $2,222,222.00, subject to receipt of the
CITY COUNCIL MEETING
FORT WORTH, TEXAS
J U LY 29, 2003
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grant from the Federal Aviation Administration, for the
purpose of funding additional work associated with the
runway extension project at Fort Worth Alliance Airport.
It was the consensus of the City Council that the recommendation
be adopted.
G-14040 There was presented Mayor and Council Communication No. G-
Ord. #15629 14040 from the City Manager recommending that the City Council:
Accept Grant to
Improve Runway 1. Authorize the City Manager to apply for and accept, if
16R/34L & awarded, a grant from the Federal Aviation Administration in
16L/34R Safety the amount of $775,893.00 to improve runway 16R/34L and
Area, Provide 16L/34R safety areas, provide security enhancements,
Security rehabilitate a storm water containment facility, conduct a
Enhancements, pavement management study and rehabilitate a storm water
Rehabilitate containment facility, conduct a pavement management study
Storm Water and rehabilitate pavement at Fort Worth Alliance Airport; and
Containment
Facility, Conduct 2. Authorize the use of land credits in the amount of $86,210.00
Pavement for the City's in-kind local match of ten percent of the
Management project; and
Study & 3. Adopt Appropriation Ordinance No. 15629 increasing
Rehabilitate estimated receipts and appropriations in the Airport Grants
Pavement at Fund in the amount of $862,103.00, subject to receipt of the
Fort Worth grant from the Federal Aviation Administration, for the
Alliance Airport purpose of funding improvements to runways' 16R/34L and
16L/34R safety areas, provide security enhancements,
rehabilitate a storm water containment facility, conduct a
pavement management study and rehabilitate a storm water
containment facility, conduct a pavement management study
and rehabilitate pavement at Fort Worth Alliance Airport.
It was the consensus of the City Council that the recommendation
be adopted.
P-9826 There was presented Mayor and Council Communication No. P-
Zoll Medical 9826 from the City Manager recommending that the City Council
Corporation authorize a lease purchase agreement for ten Zoll Medical
Advanced Life Corporation advanced life support defibrillators from the Houston
Support Galveston Area Council to be financed through GE Capital Finance,
Defibrillators for the Fire Department in five annual payments of $18,434.90 for a
grand total of $92,174.50. It was the consensus of the City Council
that the recommendation be adopted.
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J U LY 29, 2003
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P-9827 There was presented Mayor and Council Communication No. P-
Aluminum Sign 9827 from the City Manager recommending that the City Council
Blanks authorize a purchase agreement for aluminum sign blanks from
Vulcan Aluminum for the Transportation and Public Works
Department based on overall low bid with freight included in unit
prices and payment due 30 days after receipt of invoice; and
authorize this agreement to begin July 29, 2003, and expire July 28,
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-9828 There was presented Mayor and Council Communication No. P-
Structural 9828 from the City Manager recommending that the City Council
Firefighting authorize a purchase agreement with Casco Industries,
Jackets & Incorporated, to provide structural firefighting jackets and trousers
Trousers for the Fire Department, with payment due 30 days after receipt of
invoice; and authorize this agreement to begin July 29, 2003, and
expire on July 28, 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-9829 There was presented Mayor and Council Communication No. P-
Lumber & 9829 from the City Manager recommending that the City Council
Plywood authorize purchase agreements for lumber and plywood with
multiple vendors, based on the low bid per category with payment
due 30 days after receipt of invoice; and authorize this agreement
to begin July 29, 2003, and expire July 28, 2004, with options to
renew for two additional one-year periods. Council Member Silcox
made a motion, seconded by Council Member Stevenson, that the
recommendation be adopted. The motion carried unanimously.
L-13606 There was presented Mayor and Council Communication No. L-
Permanent 13606 from the City Manager recommending that the City Council
Water Main approve the acquisition of one permanent water main easement
Easement & and one temporary construction easement described as part of the
Temporary A.F. Albright Survey, Abstract No. 1849 from Edward B. Tomlinson
Construction II, Trustee, for property located at the northwest corner of Blue
Easement Mound Road and Loop 820 (DOE 4088) necessary for the
construction, maintenance, and operation of the Northside II water
transmission main between the McCandless Street and the
Cantrell-Samson pump stations for $29,600.00 plus closing costs.
It was the consensus of the City Council that the recommendation
be adopted.
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FORT WORTH, TEXAS
J U LY 29, 2003
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L-13607 There was presented Mayor and Council Communication No. L-
Permanent 13607 from the City Manager recommending that the City Council
Drainage approve the acceptance of a permanent drainage easement
Easement described as Lot 37, Blocks 11, 15, 19, Summer Creek Ranch,
Tarrant County, Texas, from Lumbermen's Investment Corporation
for property located south of Risinger Road and west of Old
Cleburne Crowley Junction needed as right-of-way to install,
construct and maintain underground storm drain lines to serve
Summer Creek Ranch (DOE 3870) for a cost of $1.00. It was the
consensus of the City Council that the recommendation be
adopted.
L-13608 There was presented Mayor and Council Communication No. L-
Septic Drain- 13608 from the City Manager recommending that the City Council
Field for Lake authorize the approval of a septic drain-field license agreement
Worth Lease with Jasper M. Neuse for City-owned Lake Worth lease property
Property described as Lot 44R, Block 29 (8444 Heron Drive), for a term of
five-years commencing on February 1, 2003, and ending January
31, 2008, with an option to extend the agreement for one five year
term for an annual lease rate of $280.00. The February start date of
the license agreement allows synchronization with the annual
billing cycle. It was the consensus of the City Council that the
recommendation be adopted.
L-13609 There was presented Mayor and Council Communication No. L-
Permanent 13609 from the City Manager recommending that the City Council
Drainage approve the acceptance of a permanent drainage easement
Easement described as Lot 13, Blocks 1-2, Ramey Place Addition, Tarrant
County, Texas, from Ramey Avenue LP needed as a right-of-way
for the purpose of the construction and maintenance of drainage
facilities to serve residents in the Ramey Place Addition located
along the cul-de-sac of McKaskle Drive in East Fort Worth (DOE
3509) for a cost of $1.00. It was the consensus of the City Council
that the recommendation be adopted.
L-13610 There was presented Mayor and Council Communication No. L-
Septic Drain- 13610 from the City Manager recommending that the City Council
Field for Lake authorize approval of a septic drain-field license agreement with
Worth Lease Russell K. Williams for City-owned Lake Worth property located
Property adjacent to Lot 29, Block 31 (8236 Killdeer Circle), for a term of five
years ending on March 31, 2008, with an option to extend the
agreement for one five-year term for an annual rate of $280.00. It
was the consensus of the City Council that the recommendation be
adopted.
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J U LY 29, 2003
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L-13611 There was presented Mayor and Council Communication No. L-
Permanent 13611 from the City Manager recommending that the City Council
Utility Easement approve the acceptance of one permanent utility easement and one
& Permanent permanent access easement described as Abstract No. 546, T.
Access Freeman Survey, and Abstract No. 1245, D.C. Pace Survey, from
Easement The Estates of Eagle Mountain, Ltd. and Vision Properties, Inc.,
respectively, necessary for the construction, maintenance and
operation of sanitary sewer lines, storm drainage lines and paving
to serve property located north of Eagle Ranch Boulevard and west
of Boat Club Road for The Ranch at Eagle Mountain Five
Development (DOE 3829) for a total cost of $2.00. It was the
consensus of the City Council that the recommendation be
adopted.
Council Member Picht excused himself from the table at this time.
L-13612 There was presented Mayor and Council Communication No. L-
Permanent 13612 from the City Manager recommending that the City Council
Waterline approve the acceptance of a permanent waterline easement
Easement described as A-1497, Benjamin Thomas Survey, Tarrant County,
Texas, from Oncor Electric Delivery Company needed as right-of-
way to install, construct and maintain all pipes, lines, meters and
any other appurtenance over and across the property located
south of Bonds Ranch Road and along Business US 287 for the
Chapel Hill Offsite Project (DOE 3733) for a cost of $10.00. Council
Member Lane made a motion, seconded by Council Member Silcox,
that the recommendation be adopted. The motion carried
unanimously.
C-19606 There was presented Mayor and Council Communication No. C-
Action Delayed 19606, dated June 3, 2003, from the City Manager recommending
Until After that the City Council approve the proposed construction of a
Executive public railroad crossing of the Burlington Northern and Santa Fe
Session (BNSF) Railway Company line at Bogie Drive and authorize a
contract with Beechwood Companies and BNSF requiring the City
to accept and maintain the associated right-of-way associated with
the proposed railroad crossing. Council Member Silcox made a
motion, seconded by Council Member Haskin, that action on this
item be delayed until after Executive Session. The motion carried
unanimously.
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J U LY 29, 2003
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C-19670 There was presented Mayor and Council Communication No. C-
Ord. #15630 19670, dated July 22, 2003, from the City Manager recommending
Trinity River that the City Council:
Vision Master
Plan 1. Authorize the City Manager to transfer an amount of
$100,000.00 from the Fort Worth Local Development
Corporation Fund to the Special Trust Fund for the initial
project implementation phase of the Trinity River Vision
Master Plan; and
2. Adopt Appropriation Ordinance No. 15630 increasing
estimated receipts and appropriations in the Special Trust
Fund in the amount of $100,000.00 from available funds for
the purpose of funding the initial project implementation
phase of Trinity River Vision Master Plan.
Council Member Lane made a motion, seconded by Council
Member Haskin, that the recommendation be adopted. The motion
carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Haskin, Moss,
and Stevenson
NOES: Council Member Silcox
ABSENT: Council Members Picht and Davis
C-19672 There was presented Mayor and Council Communication No. C-
Lolita Williams 19672 from the City Manager recommending that the City Council:
1. Approve the application of Lolita Williams, owner of
property located at 5140 Sears Drive, for a five-year
Municipal Property Tax Abatement for 5140 Sears Drive in
the Stop Six Neighborhood Empowerment Zone (NEZ); and
2. Find that the statements set fort in the recitals of the Tax
Abatement Agreement with Lolita Williams are true and
correct; and
3. Authorize the City Manager to enter into an agreement with
Lolita Williams in accordance with the NEZ Basic Incentives
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FORT WORTH, TEXAS
J U LY 29, 2003
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Council Member Moss made a motion, seconded by Mayor Pro
tempore McCloud, that Mayor and Council Communication No. C-
19672 be adopted. The motion carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Haskin, Moss, and
Stevenson
NOES: Council Member Silcox
ABSENT: Council Members Picht and Davis
C-19673 There was presented Mayor and Council Communication No. C-
Tarrant County 19673 from the City Manager recommending that the City Council
College District authorize the City Manager to execute an amendment to the
agreement with Tarrant County College District (TCCD) increasing
the level at which TCCD will contribute in the Tax Increment
Reinvestment Zone No. 3, City of Fort Worth, Texas (Downtown
TIF). It was the consensus of the City Council that the
recommendation be adopted.
C-19674 There was presented Mayor and Council Communication No. C-
Change Order#1 19674 from the City Manager recommending that the City Council
to CSC #28662 — authorize the City Manager to execute Change Order No. 1 to City
AUI Contractors, Secretary Contract No. 28662 with AUI Contractors, LP Fort Worth
LP Medical District Water Distribution System Improvements, Phase I,
Unit II, in the amount of $56,310.97 to provide for additional pay
item quantities thereby increasing the contract amount to
$1,340,743.22. It was the consensus of the City Council that the
recommendation be adopted.
C-19675 There was presented Mayor and Council Communication No. C-
CH2M Hill, Inc. 19675 from the City Manager recommending that the City Council
authorize the City Manager to execute an engineering agreement
with CH2M Hill, Inc. to prepare plans and specifications for
Southside II Water Transmission Main from Rolling Hills Water
Treatment Plant to the Crowley Road/Risinger Road intersection
for a fee not to exceed $613,949.00. It was the consensus of the
City Council that the recommendation be adopted.
C-19676 There was presented Mayor and Council Communication No. C-
William J. 19676 from the City Manager recommending that the City Council
Schultz, Inc. authorize the City Manager to execute a contract with William J.
d/b/a Circle "C" Schultz, Inc. d/b/a Circle "C" Construction Company for
Construction construction of Holly 54-inch water main from Azle Avenue to the
Company Northside Pump Station, Phase I, Unit I, Alternate "C" in the
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J U LY 29, 2003
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amount of $3,540,731.00 and 325 calendar days. It was the
consensus of the City Council that the recommendation be
adopted.
C-19677 There was presented Mayor and Council Communication No. C-
Conatser 19677 from the City Manager recommending that the City Council
Construction, authorize the City Manager to execute a contract with Conatser
Inc. Construction, Inc., in the amount of $474,754.90 for the installation
of a 42-inch waterline in Timberland Boulevard from Alta Vista
Road to Caylor water tank. It was the consensus of the City
Council that the recommendation be adopted.
C-19678 There was presented Mayor and Council Communication No. C-
TranSystems 19678 from the City Manager recommending that the City Council
Corporation authorize the City Manager to execute an engineering agreement
with TranSystems Corporation in the amount of $890,335.00 for
Sanitary Sewer Main 253 replacement. It was the consensus of the
City Council that the recommendation be adopted.
C-19679 There was presented Mayor and Council Communication No. C-
North Texas 19679 from the City Manager recommending that the City Council
Affiliated authorize the City Manager to enter into a standard agreement with
Medical Group, North Texas Affiliated Medical Group, Inc., authorizing use of the
Inc. right-of-way for a computer cable under the 400 block of Feliks
Gwozdz Place.
Council Member Moss stated that he had a conflict with this issue,
had filed a Conflict of Interest Affidavit with the City Secretary, and
would abstain from voting.
Council Member Haskin made a motion, seconded by Council
Member Silcox, that the recommendation be adopted. The motion
carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Haskin, and
Stevenson
NOES: None
ABSENT: Council Members Picht and Davis
NOT VOTING: Council Member Moss
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J U LY 29, 2003
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Public Hearing It appeared that the City Council set today as the date for a public
hearing for the Community Facilities Agreement with Keller
Independent School District for the installation of community
facilities for Central High School located at Park Vista Boulevard
and Kroger Drive. Mayor Moncrief asked if there was anyone
present desiring to be heard.
Mr. Joe Ternus, representing Transportation/Public Works,
appeared before Council, gave a staff report and called attention to
Mayor and Council Communication No. C-19680, as follows:
C-19680 There was presented Mayor and Council Communication No. C-
Keller 19680 from the City Manager recommending that the City Council
Independent authorize the City Manager to execute a Community Facilities
School District Agreement with Keller Independent School District for the
installation of community facilities for Central High School located
at Park Vista Boulevard and Kroger Drive.
There being no one desiring to be heard in connection with the
public hearing for the Community Facilities Agreement with Keller
Independent School District for the installation of community
facilities for Central High School located at Park Vista Boulevard
and Kroger Drive, Council Member Lane made a motion, seconded
by Council Member Moss, that the public hearing be closed and
that Mayor and Council Communication No. C-19680 be adopted.
The motion carried unanimously.
C-19681 There was presented Mayor and Council Communication No. C-
Johnson 19681 from the City Manager recommending that the City Council
Controls, Inc. authorize the City Manager to apply for a loan in the amount of
$2,596,470.00 from Texas State Energy Conservation Office (SECO)
for the implementation of an Energy Savings Performance Contract
with Johnson Controls, Inc.; and authorize the City Manager to
execute the associated Loan Agreement with SECO, pending
approval of the application. Council Member Haskin made a
motion, seconded by Council Member Lane, that the
recommendation be adopted. The motion carried unanimously.
C-19682 There was presented Mayor and Council Communication No. C-
Amendment #9 19682 from the City Manager recommending that the City Council:
to CSC #24692 —
Austin 1. Authorize the City Manager to execute Amendment No. 9 to
Commercial, Inc. City Secretary Contract No. 24692 with Austin Commercial,
Inc. to reduce the contract amount of $79,296,000.00 by
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J U LY 29, 2003
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$500,000.00 to $78,796,000.00 in the project budget and
allocate for public art in the Fort Worth Convention Center,
as originally budgeted; and
2. Authorize $500,000.00 in the Public Events Fund to be used
for the acquisition, delivery and installation of the public art
project at the Convention Center; and
3. Authorize the payment of $29,900.00 to the Arts Council of
Fort Worth and Tarrant County for expenses incurred to date
involving in the artist selection of the public art project at the
Convention Center.
Mayor Pro tempore McCloud made a motion, seconded by Council
Member Haskin, that the recommendation be adopted. The motion
carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Haskin, Moss, and
Stevenson
NOES: Council Member Silcox
ABSENT: Council Members Picht and Davis
Council Member Picht assumed his chair.
C-19683 There was presented Mayor and Council Communication No. C-
Amendment #3 19683 from the City Manager recommending that the City Council:
to CSC #27878 —
University of 1. Authorize the City Manager to execute Amendment No. 3 to
Texas at the Sponsored Research Agreement (City Secretary Contract
Arlington No. 27878) with the University of Texas at Arlington (UTA) in
order to fund year two of the Ripley Arnold Relocation Study
in an amount not to exceed $32,871.00; and
2. Authorize the City Manager to extend the Agreement with
UTA for the remaining years of the study until March 7, 2007,
contingent on the identification of additional funding
sources.
Council Member Moss made a motion, seconded by Mayor Pro
tempore McCloud, that the recommendation be adopted. The
motion carried by the following vote:
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FORT WORTH, TEXAS
J U LY 29, 2003
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AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Haskin, Moss, Picht,
and Stevenson
NOES: Council Member Silcox
ABSENT: Council Member Davis
C-19684 There was presented Mayor and Council Communication No. C-
Revise Policy for 19684 from the City Manager recommending that the City Council:
Installation of
Community 1. Temporarily stop funding the City's share for the installation
Facilities of community facilities, as outlined in the City's Policy, for
the Installation of Community Facilities (Policy) following:
a. Storm Drainage Facilities (including bridges)
b. Streets
c. Traffic Signals
d. Street Lights
e. Street Name Signs
f. Cost of construction inspection and material testing;
and
2. Increase the developer's cost for construction inspection
and material testing fee from two percent to four percent of
the construction cost of street and storm drainage to offset
eliminating the City participation noted above; and
3. Continue to fund Water and Wastewater Community Facility
Agreements as called for under the current policy; and
4. Refer the Policy to the Capital Infrastructure and
Improvement Committee to review recommended policy
revisions including the level of future cost participation in
community facilities.
Council Member Silcox made a motion, seconded by Council
Member Lane, that the recommendation be adopted. The motion
carried unanimously.
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J U LY 29, 2003
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Public Hearing It appeared that the City Council set today as the date for the
Voluntary second public hearing for the proposed voluntary annexation of
Annexation of approximately 52.822 acres of land, located north of Keller-Haslet-
52.822 Acres, Roanoke Road, south of the Tarrant County Denton County line,
North of Keller- east of Old Denton Road, and west of Ridge Top Road (Annexation
Haslet-Roanoke Case No. AX-03-0004). Mayor Moncrief asked if there was anyone
Road, South of present desiring to be heard.
Tarrant County
Denton County Ms. Cathy Davidson, representing the Development Department,
Line, East of Old appeared before Council, gave a staff report and advised Council
Denton Road & that staff should be directed to prepare an annexation ordinance to
West of Ridge be adopted at the August 19, 2003 Council meeting.
Top Road
AX-03-0004 There being no one present desiring to be heard in connection with
the second public hearing for the proposed voluntary annexation
of approximately 52.822 acres of land, located north of Keller-
Haslet-Roanoke Road, south of the Tarrant County Denton County
line, east of Old Denton Road, and west of Ridge Top Road
(Annexation Case No. AX-03-0004), Council Member Stevenson
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 August 19, 2003
Council meeting. The motion carried unanimously.
ZC-03-123 It appeared that the City Council, at its meeting of July 8, 2003,
Delayed until continued the hearing of the application of Hickman Investments
After Executive for a change in zoning of property located at 1601 West Loop 820
Session North from "PD/SU" Planned Development/Specific Use for all uses
in "G" Intensive Commercial with exceptions to "C" Medium
Density Multi-Family, Zoning Docket No. ZC-03-123. Mayor
Moncrief asked if there was anyone present desiring to be heard.
Council Member Stevenson made a motion, seconded by Council
Member Silcox, that action in connection with the application of
Hickman Investments, Zoning Docket No. ZC-03-123 be delayed
until after the Executive Session. The motion carried unanimously.
Citizen Ms. Joan Crownover, 1041 East Robert Street, representing the
Presentations South Side Urban Development, appeared before Council relative
Joan Crownover to conditions of a community grocery; recycling for City buildings
and for other commercial buildings in downtown; and advised
Council that bins were needing to be emptied; bins were needed at
929 E. Morningside Drive and at the corner of the 2600 block of
Mississippi and 1100 block of Roberts.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
J U LY 29, 2003
PAGE 16 of 23
The following individuals appeared before Council relative to
unsolved murders within the City of Fort Worth and the creation of
a Cold Case Unit.
Renee Estrada, Ms. Renee Estrada P.O. Box 1853, Granbury, TX
Hector Carrillo, (Representing LULAC)
Silvia Perez, Mr. Hector Carrillo 740 N. Sylvania
Ernest Mackey, (Representing LULAC 4743)
and Lee Saldivar Ms. Silvia Perez 4410 Erath
Mr. Ernest Mackey 2700 Carnation
(Co-Director Civil Rights, North Central Texas State LULAC)
Mr. Lee Saldivar 3937 Ryan Ave.
Executive It was the consensus of the City Council that they recess into
Session Executive Session at 11:50 a.m. to:
1. Seek the advice of its attorneys concerning the following
pending or contemplated litigation or other matters that are
exempt from public disclosure under Article X, Section 9 of
the Texas State Bar Rules as authorized by Section 551.071
of the Texas Government Code:
a) Legal issues concerning land use in annexed areas;
b) Legal issues concerning any item listed on today's
City Council meeting agendas; and
2. Deliberate the purchase, sale, lease, or value of real property
in accordance with Section 551.072 of the Texas Government
Code. Deliberation in an open meeting would have a
detrimental effect on the position of the City in negotiations
with a third party; and
3. Deliberate concerning economic development negotiations
as authorized by Section 551.087 of the Texas Government
Code; and
4. Deliberate the deployment, or specific occasions for
implementation, of security personnel or devices, in
accordance with Section 551.076 of the Texas Government
Code.
Reconvened The City Council reconvened into regular session at 2:15 p.m.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
J U LY 29, 2003
PAGE 17 of 23
C.P. #231 There was presented Council Proposal No. 231 recommending that
Tax Increment the City Council adopt an ordinance amending Ordinance No.
Reinvestment 13889 by increasing the amount of tax increment that the City of
Zone #2 Fort Worth will deposit into the Tax Increment Reinvestment Zone
(Speedway TIF) No. 2, City of Fort Worth, Texas (Speedway TIF). Council Member
Withdrawn Silcox withdrew this item from consideration.
C.P. #232 There was presented Council Proposal No. 232 recommending that
Reimbursement the City Council direct the City Manager to execute a Community
of Advance Facilities Agreement with Beechwood Business Park Joint Venture
Funding for for reimbursement of advance funding by Beechwood for the
Construction of construction of the Harriet Creek Bridge on a connector road
Harriet Creek between FM 156 and SH114. Council Member Lane made a motion,
Bridge seconded by Council Member Silcox, that Council Proposal No.
232 be approved with the following amendments:
• $1,718,949 reimbursement with no interest.
• Reimbursement funded via sinking fund.
• Obligation to begin reimbursement accrues upon (i)
completion of the bridge and acceptance by City and (ii)
development of Beechwood tracts (C-1 a, C-1 b, W-2, W-5a, W-
5b, C-1c, C-1d, C-2, W-1, W-3 and W-4) identified in
Ordinance attached to C.P. No. 231 so that tax increment
revenue is at least 2% of the debt.
• Agreement terminates on earlier of (i) December 31, 2006 if
bridge has not been completed and accepted at that time or
(ii) date as of which Beechwood has been fully reimbursed
or (iii) December 31, 2012 or (iv) the date as of which all or
any portion of the Beechwood tracts are developed in a
manner that is inconsistent with the zoning on such property
in effect on July 29, 2003.
• Agreement is non-assignable.
The motion carried by the following vote:
AYES: Mayor Pro tempore McCloud; Council Members
Lane, Silcox, Haskin, Moss, and Picht
NOES: Mayor Moncrief and Council Member Stevenson
ABSENT: Council Member Davis
CITY COUNCIL MEETING
FORT WORTH, TEXAS
J U LY 29, 2003
PAGE 18 of 23
G-14019 There was presented Mayor and Council Communication No. G-
AMENDED 14019 Amended, dated July 8, 2003, from the City Manager
Subordination of recommending that the City Council:
Loan to Texas
Housing and 1. Authorize the City Manager to execute a Subordination
Economic Agreement subordinating the City's $273,500.00 pre-
Resources, Inc. development loan to Texas Housing and Economic
for Glen Eden Resources, Inc. (THER) for the Rolling Hills subdivision,
Subdivision to formerly known as the Glen Eden subdivision, to
JPMorgan JPMorgan Chase Bank; and
Chase Bank 2. Approve the transfer of $100,000.00 from Home
Investment Partnerships Program (HOME) funds to the
Fort Worth Housing Finance Corporation (HFC) in
connection with execution of a guaranty by the HFC of
THER's performance of its obligations pursuant to a
Development Loan Agreement with JPMorgan Chase
Bank for the Rolling Hills subdivision.
Mayor Pro tempore McCloud made a motion, seconded by Council
Member Moss, that Mayor and Council Communication No. G-
14019 Amended, be adopted, with the following amendments:
1. Add to end of recommendation No. 2 "...continued on
submittal of a letter of credit by THER to the HFC in the
amount of $100,000.00 or execution of an agreement by
THER to withhold payment of construction management fees
totaling $75,000.00 for reimbursement of the HFC of any
funds expended pursuant to the guaranty."
2. Add to end of next to last paragraph under "Discussion" so
that paragraph will read in full as follows:
• Approval of this Mayor and Council Communication
would transfer $100,000.00 in HOME funds to the HFC
for use in the event the HFC is required to expend
funds pursuant to the Completion Guaranty. The
funds will not be transferred to the HFC until THER
has provided for reimbursement of the HFC for any
funds expended pursuant to the Completion Guaranty.
THER may provide the funds to reimburse the HFC
through a letter of credit in the amount of $100,000.00
in form and substance acceptable to the HFC or
execution of an agreement in form and substance
acceptable to the HFC to withhold payment of
construction management fees or other fees owed to
CITY COUNCIL MEETING
FORT WORTH, TEXAS
J U LY 29, 2003
PAGE 19 of 23
Leonard Briscoe, Briscoe Construction or other entity
from the JPMorgan Chase Bank loan proceeds. An
equal amount shall be withheld from each
construction draw or payment request and paid to the
HFC to be held in escrow until a total amount of
$75,000.00 is withheld. The letter of credit or
agreement shall provide that should the HFC be
required to expend any funds pursuant to the
Completion Guaranty, the HFC may draw upon the
letter of credit or retain funds withheld from the
construction management fee, as applicable, in the
amount expended by the HFC.
Council Member Haskin made a substitute motion, seconded by
Council Member Stevenson, that Mayor and Council
Communication No. G-14019 Amended be denied.
Council Member Silcox made a second substitute motion that
Mayor and Council Communication No. G-14019 Amended be
continued for one week. The motion failed for lack of a second.
The substitute motion failed by the following vote:
AYES: Mayor Moncrief; Council Members
Silcox, Haskin, and Stevenson
NOES: Mayor Pro tempore McCloud; Council
Member Lane, Moss, and Picht
ABSENT: Council Member Davis
The motion to approve Mayor and Council Communication No. G-
14019 Amended failed by the following vote:
AYES: Mayor Pro tempore McCloud; Council
Member Lane, Moss, and Picht
NOES: Mayor Moncrief; Council Members
Silcox, Haskin, and Stevenson
ABSENT: Council Member Davis
G-14031 There was presented Mayor and Council Communication No. G-
Withdrawn 14031, dated July 15, 2003, from the City Manager recommending
that the City Council give direction to the City Manager as to the
extent Council wishes to fund infrastructure in Beechwood
Business Park (bridge, railroad crossing, intersection
improvement, streetlights, streets signs, etc.) through a
CITY COUNCIL MEETING
FORT WORTH, TEXAS
J U LY 29, 2003
PAGE 20 of 23
Community Facilities Agreement and, if so, give direction to the
City Manager as to a funding mechanism (reallocation of existing
funds, issue Certificates of Obligation, sinking fund). City Manager
Jackson withdrew this item from consideration.
C-19606 There was presented Mayor and Council Communication No. C-
Beechwood 19606, dated June 3, 2003, from the City Manager recommending
Companies & that the City Council approve the proposed construction of a
BNSF public railroad crossing of the Burlington Northern and Santa Fe
(BNSF) Railway Company line at Bogie Drive and authorize a
contract with Beechwood Companies and BNSF requiring the City
to accept and maintain the associated right-of-way associated with
the proposed railroad crossing. Council Member Lane made a
motion, seconded by Council Member Moss, that the
recommendation be adopted. The motion carried unanimously.
ZC-03-123 It appeared that the City Council, at its meeting of July 8, 2003,
Approved continued the hearing of the application of Hickman Investments
for a change in zoning of property located at 1601 West Loop 820
North from "PD/SU" Planned Development/Specific Use for all uses
in "G" Intensive Commercial with exceptions to "C" Medium
Density Multi-Family, Zoning Docket No. ZC-03-123. Mayor
Moncrief asked if there was anyone present desiring to be heard.
Tom Stone Mr. Tom Stone, 16705 Village Lane, Dallas, Texas, representing the
developer of the property, appeared before Council in support of
the zoning change. He advised Council that they had met with the
Neighborhood and stated that the residents were able to see what
they were proposing and stated that some compromises were
accomplished.
Joe Waller Mr. Joe Waller, 2533 Castle Circle, appeared before Council and
expressed opposition to the requested zoning change. He also
presented 68-signed petitions opposing the zoning change for the
purpose of building apartments.
Trey Kostohryz Mr. Trey Kostohryz, 20 Westover Road, appeared before Council in
support of the proposed zoning change.
Assistant City Attorney Marcella Olson appeared and clarified
various items that was agreed upon in the letter submitted to the
Council by Mr. Stone as follows:
CITY COUNCIL MEETING
FORT WORTH, TEXAS
J U LY 29, 2003
PAGE 21 of 23
• Item a. To build the number of buildings and to locate
them on the site adding the following language "...in
conformance with Unified Residential Development
requirements, ..."
• Item b. Should add the height of berm; size of Fotinias
(# of gallons); and spacing of the Fotinias.
• Item d. To be deleted inasmuch as this was not
appropriate for PD condition, stating that it would be
difficult to enforce.
• Item e. Second sentence from the end relative to
limitation of access point to exit only during the
workday rush hours of 7-9 a.m. and 4:30-6:30 p.m.
Monday thru Friday. Suggested alternatives would be
no exit on Las Vegas Trail or no exit on Las Vegas
Trail during selected hours.
There being no one else present desiring to be heard in connection
with the application of Hickman Investments, Council Member
Stevenson made a motion, seconded by Council Member Silcox,
that the Zoning Hearing be closed and that Zoning Docket No. ZC-
03-123 be approved, as amended. The motion carried by the
following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Moss, Picht,
and Stevenson
NOES: Council Member Haskin
ABSENT: Council Member Davis
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 Stevenson made a motion,
seconded by Council Member Silcox, that the hearing be closed
and that the following ordinance be adopted:
CITY COUNCIL MEETING
FORT WORTH, TEXAS
J U LY 29, 2003
PAGE 22 of 23
ORDINANCE NO. 15631
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 by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Moss, Picht,
and Stevenson
NOES: Council Member Haskin
ABSENT: Council Member Davis
Citizen Mr. Joe Sierra, 4808 Woodstock Drive, appeared before Council
Presentations regarding the Estrada's Auto Repair Co.
Joe Sierra
Gloria Araujo Ms. Gloria Araujo, 4401 Glacier Street, appeared before Council
regarding the death of her daughter, Cleaudrey and her unborn
grandchild, and stated that the deaths could have been prevented.
She requested that the Police Officers enforce the laws in City
parks.
The following individuals appeared and expressed concern
regarding the deaths of Ramon Perez, Cleaudrey Araujo, and their
unborn child, which occurred in a City park:
CITY COUNCIL MEETING
FORT WORTH, TEXAS
JULY 29, 2003
PAGE 23 of 23
Diana Pacheco Diana Pacheco 1129 Cambridge St.
Ashton Carver Ashton Carver 3101 Avenue Inn
Eloise Pacheco Eloise Pacheco 4400 Erath
Jesus Perez Jesus Perez 4410 Erath
Adjournment There being no further business, the meeting was adjourned at
3:26 p.m.
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