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HomeMy WebLinkAbout2003/07/15-Minutes-City Council CITY COUNCIL MEETING J U LY 15, 2003 Date & Time On the 15th day of July, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:05 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 Chuck Silcox, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; Assistant City Manager Joe Paniagua; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Jim Lane was temporarily absent and Council Member Becky Haskin was absent. With more than a quorum present, the following business was transacted: Mayor Moncrief asked everyone present in the Council Chamber to please observe a moment of silence for Fort Worth Firefighter Quentin Tracy (Engineer) who lost his life in a weekend accident and also Police Officer Angela Phillips who was in guarded condition at John Peter Smith Hospital after being seriously injured during a high speed pursuit of a suspect. Invocation Dr. Jim Lemons, River Oaks Baptist Church, gave the invocation. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Moss, seconded by Council Member Picht, the minutes of the regular meeting of July 8, 2003, were approved unanimously. Special Ms. Deborah Jung, Kids Who Care Executive Director, introduced Presentations various program participants visiting from Italy, Israel, New York, and Houston who performed a song from the Kids Who Care stage production entitled "Tall Man". Mrs. Elaine Yamagata, Board of Directors for Fort Worth Sister Cities International introduced the Delegation of Harashin Scholars from Nagaoka, Japan. A delegate presented a gift to the City and Mayor Pro tempore McCloud presented City pins to each delegate and their host student. Announcements Council Member Moss stated that he was absent from the previous two Council meetings as he was a member of the Sister Cities International delegation who traveled to Africa. He added that the delegation was involved in searching for an African city to become a sister city of Fort Worth. He further stated that the African government structure was comparable to ours and that it was a very positive experience for the entire delegation. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 2 of 17 Council Member Picht expressed his dissatisfaction with the trash and bulky waste program and stated that the City was doing a terrible job of enforcing the contract with Waste Management. He added that residents deserved an explanation from the City on how it was going to fix the problem. Council Member Silcox concurred with Council Member Picht's comments and stated that he counted 37 streets in his district where there was uncollected trash. He added that he would support a letter being sent to the contractor informing them to either take care of the problems or the City would have to find another company who could do the job. Council Member Lane assumed his chair. Withdrawn from Council Member Silcox requested that Mayor and Council Consent Agenda Communication Nos. G-14021 and G-14022 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. Committee Council Member Silcox stated that a public hearing would be Report conducted to start the process for the 2004 bond package and a tentative February 7, 2004 bond election. He added that the meeting was scheduled to start at the conclusion of the City Council meeting. Although there would be no public comment at this public hearing, there would be other opportunities for public comment at future meetings that would be conducted in each Council district. Council Member Davis announced that a public meeting of the Central City Revitalization and Economic Development Committee would be held July 22, 2003, at 5:30 pm. in the Fort Worth Convention Center. She added that the meeting was to receive public input relative to the Fort Worth Convention Center Hotel and encouraged anyone interested to attend. OCS-1359 There was presented Mayor and Council Communication No. OCS- Claims 1359 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. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 3 of 17 G-14020 There was presented Mayor and Council Communication No. G- Res. #2974 14020 from the City Manager recommending that the City Council: Employ Jackson Walker, L.L.P. as 1. Authorize the City Manager to retain the law firm of Outside Counsel Jackson Walker, L.L.P., and designate Gary Ingram and for IT Solutions Robert C. Curfiss as outside counsel, pursuant to Chapter Department VI, Section 3 of the City Charter, to assist the City Attorney in representing the City regarding issues in the Information Technology Solutions Department (IT Solutions) of the City of Fort Worth; and 2. Adopt Resolution No. 2974 fixing in advance, as far as practicable, that the amount to be paid to Jackson Walker not exceed $30,000.00. It was the consensus of the City Council that the recommendation be adopted. G-14021 There was presented Mayor and Council Communication No. G- Res. #2975 14021 from the City Manager recommending that the City Council: Employ Varnum, Riddering, 1. Retain the law firm of Varnum, Riddering, Schmidt & Howlett Schmidt & (Varnum, Riddering) as outside legal counsel, pursuant to Howlett as Chapter VI, Section 3 of the City Charter, to assist the City Outside Legal Attorney in various matters concerning cable television (TV) Counsel for franchises and related Federal Communications Cable TV Commission regulations; and Franchises & Regulations 2. Adopt Resolution No. 2975 fixing in advance, as far as practicable, that the total sum to be paid to Varnum, Riddering shall not exceed $18,000.00; and 3. Authorize the City Manager to execute related Professional Services Contracts with Varnum, Riddering for a sum not to exceed $18,000.00. Council Member Silcox stated that he had a business relationship with Charter Cable and had been advised by City Attorney Yett that although no conflict existed, he could abstain from voting on this issue. Council Member Davis made a motion, seconded by Council Member Stevenson, that Council Member Silcox be permitted to abstain from voting on Mayor and Council Communication No. G- 14021. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 4 of 17 Council Member Davis made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. G-14021 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Moss, Picht, Stevenson, and Davis NOES: None ABSENT: Council Member Haskin NOT VOTING: Council Member Silcox G-14022 There was presented Mayor and Council Communication No. G- Ord. #15619 14022 from the City Manager recommending that the City Council: Pay TxDOT for Construction of 1. Authorize the transfer of $27,980.50 from the Water and Granbury Road, Sewer Operating Fund to the Sewer Capital Project Fund; Wabash Avenue, and Trail Lake Drive, and Seminary 2. Adopt Appropriation Ordinance No. 15619 increasing Drive estimated receipts and appropriations in the Sewer Capital Intersection Project Fund in the amount of $27,980.50 from available Improvements funds for the purpose of funding construction of Granbury Road, Wabash Avenue, Trail Lake Drive, and Seminary Drive intersection improvements; and 3. Authorize an increase to City funding participation for the construction of the Granbury Road, Wabash Avenue, Trail Lake Drive, and Seminary Drive intersection improvements in the amount of $198,274.92 for completion of the project; and 4. Authorize payment to the Texas Department of Transportation (TxDOT) for change orders requested by the City of Fort Worth in the amount of $226,255.42. Council Member Silcox expressed concern about the increased costs for Change Order No. 8, Revisions to South Drive Box Culvert and Change Order No. 13, Eliminate sidewalks on west side of Trail Lake Drive. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 5 of 17 Mr. Robert Goode, Transportation/Public Works Department Director, stated the $75,175.80 for Change Order No. 8 was caused by the change order occurring so late in the project and the extra work it created for the contractor. He added that the contractor did provide the City a $50,000.00 credit for the revision, however, it did not cover the cost of the additional work. He further stated that the $3,099.12 for Change Order No. 13 was offset by a credit somewhere else in the project. Council Member Silcox made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. G-14022 be adopted. The motion carried unanimously. G-14023 There was presented Mayor and Council Communication No. G- Approve Request 14023 from the City Manager recommending that the City Council of NCTCOG to authorize the City Manager to request that the North Central Texas Defer Meacham Council of Governments (NCTCOG) defer the Meacham Boulevard, Boulevard, Phase phase II project, which was previously awarded $1.5 million in II Project & federal funds, and allocate these funds to the Randol Mill Road Allocate Funds to Bridge project at IH-820. It was the consensus of the City Council Randol Mill Road Bridge Project at that the recommendation be adopted. I H-820 G-14024 There was presented Mayor and Council Communication No. G- Partial Approval 14024 from the City Manager recommending that the City Council of Historic Site approve the applications from fourteen property owners for partial Tax Exemption approval of the Historic Site Tax Exemption for the properties Pertaining to listed below: Historically OWNER PROPERTY Designated Properties Walter& Robyn Virden 2204 Mistletoe Boulevard Katherine Barber 1405 Elizabeth Boulevard Norberto Almanza 1714 5t"Avenue Randee Dewey 2101 Alston Avenue Robert M. McCarthy, Sr. 22396 th Avenue Matt & Melissa Maples 1724 5t"Avenue John Lystig 1320 South Adams Steve and Merianne Roth 1515 Elizabeth Boulevard Renaissance Development 221 Lancaster Avenue C.B. Holmes, Inc. 1412 South Adams Street Danette Hebda 1415 Hurley Avenue Jose A. Tovar 1916 South Adams Street Deanna Cook 1419 Lipscomb Street Alan Cash 2015 College Avenue It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 6 of 17 G-14025 There was presented Mayor and Council Communication No. G- Historic Site Tax 14025 from the City Manager recommending that the City Council Exemption approve the applications from nine property owners for verification Pertaining to of the Historic Site Tax Exemption for the properties listed below: Historically Designated OWNER PROPERTY Properties Financial Specialists, Inc. 6507 East Lancaster Avenue Jim Johnson 1614 College Avenue Phillip O'Hara 604 Main Street Scott Tindall 604 East 4t" Street Melissa Kohout 2242 Mistletoe Drive Dennis Martin 1725 Hurley Avenue Darcy Sety 1920 Berkeley Place Mark Moore 1425 South Henderson Street Steve and Merianne Roth 1515 Elizabeth Boulevard It was the consensus of the City Council that the recommendation be adopted. G-14026 There was presented Mayor and Council Communication No. G- Fort Worth Golf 14026 from the City Manager recommending that the City Council Advisory continue the Fort Worth Golf Advisory Committee. It was the Committee consensus of the City Council that the recommendation be Sunset Review adopted. G-14027 There was presented Mayor and Council Communication No. G- Extend Injury 14027 from the City Manager recommending that the City Council Leave-of- approve an extension of injury leave-of-absence pay benefits for Absence Pay Police Officer Phillip J. Laux. Council Member Davis made a Benefits for motion, seconded by Council Member Stevenson, that the Police Officer recommendation be adopted. The motion carried unanimously. Phillip J. Laux G-14028 There was presented Mayor and Council Communication No. G- Extend Injury 14028 from the City Manager recommending that the City Council Leave-of- approve an extension of injury leave-of-absence pay benefits for Absence Pay Police Officer Michael T. Riggs. Council Member Davis made a Benefits for motion, seconded by Council Member Silcox, that the Police Officer recommendation be adopted. The motion carried unanimously. Michael T. Riggs Public Hearing It appeared that the City Council set today as the date for a public hearing for an appeal of the decision of the Historic and Cultural Landmarks Commission to deny a Certificate of Appropriateness application for property located at 1205 Hawthorne Avenue. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 7 of 17 Mr. Fernando Costa, Planning Department Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14029, as follows: G-14029 There was presented Mayor and Council Communication No. G- Returned to 14029 from the City Manager recommending that the City Council Historic and conduct a public hearing on an appeal of the decision of the Cultural Historic and Cultural Landmarks Commission to deny the Landmarks application for a Certificate of Appropriateness for decorative Commission scroll work on the house at 1205 Hawthorne Avenue. Fred Rodgers Mr. Fred Rodgers and Ms. Loma Rodgers, 1205 Hawthorne Avenue, Loma Rodgers owners and residents of the property, appeared before Council in opposition of the denial. Mr. Rodgers stated that he had the signatures of nine of his neighbors in support of the gable remaining on their home. He added that he had received advice from his son-in law, who was an architect, on the appropriateness of the gable and that their home was of a Queen Anne architectural style and not Folk Victorian as stated by the Commission. Mr. Rodgers asked that the Commission provide proof that their home did not meet the criteria of Queen Anne architecture. Ms. Rodgers stated that their realtor did not inform them that the home was in a historic district or that they had to submit an application to or acquire permits from the City prior to making repairs to their home. Anna Bosdal Ms. Anna Bosdal, 1200 Hawthorne Avenue, appeared before Council in opposition of the denial. She stated that the Rodger's were trying to make the neighborhood nicer and that the Commission should be concerned with several homes in the neighborhood that were in poor condition. The following individuals appeared before Council in support of the denial. Mickey Bradley Mr. Mickey Bradley 2001 6t" Avenue Barbara Koerble Ms. Barbara Koerble 18155 th Avenue Jerre Tracy Ms. Jerre Tracy 1020 Summit Avenue Council Member Davis stated that the owners and those who supported the denial had made valid points that needed to be evaluated further. She requested Mr. and Mrs. Rodgers ask their son-in-law to provide a written statement to the Historic and Cultural Landmarks Commission that detailed his architectural assessment of their home. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 8 of 17 There being no one else present desiring to be heard in connection with the public hearing for an appeal of the decision of the Historic and Cultural Landmarks Commission to deny a Certificate of Appropriateness application for property located at 1205 Hawthorne Avenue, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. G-14029 be returned to the Historic and Cultural Landmarks Commission for guidance and policy discussion relative to architectural assessments. The motion carried unanimously. G-14030 There was presented Mayor and Council Communication No. G- Ord. #15620 14030 from the City Manager recommending that the City Council Additional authorize the City Manager to accept contributions from multiple Contributions organizations related to the city-wide historic preservation plan; for City-wide and adopt Appropriation Ordinance No. 15620 increasing estimated Historic receipts and appropriations in the Special Trust Fund in the Preservation amount of $6,350.00 from available funds for the purpose of Plan funding the citywide Historic Preservation Plan. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-14031 There was presented Mayor and Council Communication No. G- Continued for 14031 from the City Manager recommending that the City Council One Week 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, street 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 Moss, that the recommendation be continued for one week. Council Member Davis made a substitute motion, seconded by Mayor Pro tempore McCloud, to delay the vote on this issue until after it was discussed in the Executive Session and the recessed Pre-Council meeting. The motion failed by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Stevenson and Davis NOES: Council Members Lane, Silcox, Moss, and Picht ABSENT: Council Member Haskin CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 9 of 17 The original motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, and Picht NOES: Mayor Moncrief; Council Members Stevenson and Davis ABSENT: Council Member Haskin P-9822 There was presented Mayor and Council Communication No. P- Farrier Services 9822 from the City Manager recommending that the City Council authorize a purchase agreement with Lonnie Miller Horseshoeing to provide farrier services for the City of Fort Worth based on an overall low bid received with payment terms of net 30 days; and authorize this agreement to begin on July 15, 2003, and expire July 14, 2004, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9823 There was presented Mayor and Council Communication No. P- Ord. #15621 9823 from the City Manager recommending that the City Council: Demolition Services 1. Authorize the transfer of $12,345.00 in undesignated funds from the Environmental Management Operating Fund to the Environmental Management Project Fund for the demolition of the structure located on 1776 Berry Street; and 2. Adopt Appropriation Ordinance No. 15621 increasing estimated receipts and appropriations in the Environmental Management Project Fund in the amount of $12,345.00 from available funds, for the purpose of funding the demolition of 1776 East Berry Street; and 3. Authorize an agreement for the demolition of City-owned properties as follows: VENDOR PROPERTY PRICE Lindamood 7547 Jacksboro $ 2,500.00 Construction Highway Company, Irving Midwest Wrecking 1776 East Berry $12,345.00 Company, Fort Worth Street CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 10 of 17 Midwest Wrecking 5318 Ramey $10,625.00 Company, Fort Worth Avenue Fast Forward 4025 Marina Drive $46,832.00 Demolition, Bonham Total $72,302.00 It was the consensus of the City Council that the recommendation be adopted. P-9824 There was presented Mayor and Council Communication No. P- Uninterruptible 9824 from the City Manager recommending that the City Council Power System authorize the purchase and installation of a new uninterruptible power system from Lone Star Computer Corporation for the Transportation & Public Works Department at a cost not to exceed $51,100.00 with payment due within 30 days of the date of invoice. It was the consensus of the City Council that the recommendation be adopted. L-13595 There was presented Mayor and Council Communication No. L- Utility 13595 from the City Manager recommending that the City Council Easements approve the acceptance of 13 permanent utility easements from Hayco Realty Ltd. and M&C Development Ltd. needed as right-of- way for the purpose of constructing drainage facilities and a sanitary sewer line located north of Ten Mile Bridge Road and east of Bowman Roberts Road (DOE 3878) for a total cost of $13.00. It was the consensus of the City Council that the recommendation be adopted. L-13596 There was presented Mayor and Council Communication No. L- Permanent 13596 from the City Manager recommending that the City Council Waterline approve the acceptance of one permanent waterline easement and Easement & one temporary construction easement described as a part of J. Temporary Rightly Survey, Abstract No. 1268, Tarrant County, Texas, from Construction Jarvis H. Porter, Ann Porter Wilder, Mary Sue Porter Rabe and Easement Priscilla Jane Porter Speed required for the construction of a 36- inch waterline in Northwest Tarrant County (DOE 3638), located adjacent to Willow Springs Road directly south of the intersection at Blue Mound Road for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13597 There was presented Mayor and Council Communication No. L- Pay Sammie's 13597 from the City Manager recommending that the City Council Bar-B-Q for authorize payment to Sammie's Bar-B-Q for use of a parking lot Parking Lot located at 3801 East Belknap Street during construction of a CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 11 of 17 portion of the Dry Branch Creek Drainage Improvements project (DOE 3629) in the amount not to exceed $75,000.00. It was the consensus of the City Council that the recommendation be adopted. Mayor Pro tempore McCloud excused himself from the table at this time. L-13598 There was presented Mayor and Council Communication No. L- Condemnation 13598 from the City Manager recommending that the City Council of Parcel of declare the necessity of condemning a parcel of land known as Land Owned by Abstract No. 1611, Tarrant County, Texas, owned by Arcadia Park Arcadia Park for right-of-way in fee simple title that is required for the construction of North Tarrant Parkway (DOE 3577); and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. Council Member Moss made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. L-13599 There was presented Mayor and Council Communication No. L- Modification of 13599 from the City Manager recommending that the City Council Lease Terms for authorize the City Manager to execute a lease agreement with Office Space revisions to the terms and square footage calculations with FWIS, Ltd., d/b/a Fort Worth Town Center for office space at Fort Worth Town Center, 4200 South Freeway for the Parks and Community Services Department; and authorize the term of the lease agreement to begin January 1, 2003, and expire December 31, 2008. Council Member Moss made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-19654 There was presented Mayor and Council Communication No. C- Mental Health 19654 from the City Manager recommending that the City Council Association for authorize the City Manager to execute an agreement with the the Mental Mental Health Association for the Mental Health Advocate Program Health Advocate in an amount not to exceed $24,750.00 for the term beginning June Program 1, 2003, and ending May 31, 2004. It was the consensus of the City Council that the recommendation be adopted. C-19655 There was presented Mayor and Council Communication No. C- Tarrant County 19655 from the City Manager recommending that the City Council Tax Assessor- authorize the City Manager to execute an agreement between the Collector Tarrant County Tax Assessor-Collector and the City of Fort Worth for providing collection services of Fort Worth Public Improvement CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 12 of 17 District taxes levied by the City for the 2003 year, which covers the period October 1, 2003, to September 30, 2004. It was the consensus of the City Council that the recommendation be adopted. C-19656 There was presented Mayor and Council Communication No. C- Tarrant County 19656 from the City Manager recommending that the City Council Tax Assessor- authorize the City Manager to execute an agreement between the Collector Tarrant County Tax Assessor-Collector and the City of Fort Worth for providing assessment and collection services of ad valorem taxes levied by the City for the 2003 tax year, which covers the period October 1, 2003, to September 30, 2004. It was the consensus of the City Council that the recommendation be adopted. C-19657 There was presented Mayor and Council Communication No. C- Amend CSC 19657 from the City Manager recommending that the City Council #24469 - authorize the City Manager to amend City Secretary Contract No. Concentra 24469 with Concentra Health Services, Inc. and extend the contract Health Services, termination date from September 30, 2003, to January 31, 2004. It Inc. was the consensus of the City Council that the recommendation be adopted. C-19658 There was presented Mayor and Council Communication No. C- Change Order#4 19658 from the City Manager recommending that the City Council - Gilco authorize the City Manager to execute Change Order No. 4 with Contracting, Inc. Gilco Contracting, Inc. for the widening of North Beach Street from Basswood Boulevard to Shiver Road in the amount of $91,746.50, thereby increasing the contract amount to $4,882,613.60. It was the consensus of the City Council that the recommendation be adopted. C-19659 There was presented Mayor and Council Communication No. C- Tarrant County 19659 from the City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the removal of existing post and cable and the installation of 3,100 linear feet of metal beam guardrail along the south side of Wells Burnett Road over the Eagle Mountain Dam at a cost to the City not to exceed $16,950.00. It was the consensus of the City Council that the recommendation be adopted. C-19660 There was presented Mayor and Council Communication No. C- Fort Worth & 19660 from the City Manager recommending that the City Council Western authorize the City Manager to execute an agreement with the Fort Railroad Worth and Western Railroad for the installation of concrete CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 13 of 17 crossing services at 1950 Mistletoe Boulevard for a total cost to the City not to exceed $12,650.00. It was the consensus of the City Council that the recommendation be adopted. C-19661 There was presented Mayor and Council Communication No. C- RPGA Design 19661 from the City Manager recommending that the City Council Group, Inc. authorize the City Manager to execute an agreement with RPGA Design Group, Inc. for a fee of $154,750.00 for the design of Fire Station No. 38 and the development of a prototype design for a two-company, three-bay fire station. It was the consensus of the City Council that the recommendation be adopted. C-19662 There was presented Mayor and Council Communication No. C- Ace Pipe 19662 from the City Manager recommending that the City Council Cleaning, Inc. authorize the City Manager to execute contracts with Ace Pipe Cleaning, Inc. to provide cleaning and closed-circuit television inspection of large diameter sanitary sewer mains as follows: a. Ace Pipe Cleaning, Inc. $492,077.15 Unit Two b. Ace Pipe Cleaning, Inc. $408,101.90 Unit Four It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for the first Proposed public hearing for the proposed voluntary annexation of Voluntary approximately 52.822 acres of land, located north of Keller-Haslet- Annexation of Roanoke Road, south of the Tarrant County-Denton County line, 52.822 Acres, east of Old Denton Road, and west of Ridge Top Road (Annexation Located North of Case No. AX-03-0004). Mayor Moncrief asked if there was anyone Keller-Haslet- present desiring to be heard. Roanoke Road, South of Tarrant Ms. Cathy Davidson, representing the Development Department, County-Denton appeared before Council, gave a staff report and advised Council County Line, that staff should be directed to publish notice setting July 29, 2003, East of Old as the second public hearing. Denton Road, and West of Ridge Top Road AX-03-0004 Leigh Chu Mr. Leigh Chu, 1501 Merrimac, representing Dunaway Associates, appeared before Council in support of the annexation. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 14 of 17 There being no one else present in connection with the first 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 Lane made a motion, seconded by Council Member Stevenson, that the public hearing be closed and that the second public hearing be scheduled for July 29, 2003. The motion carried unanimously. ZC-03-086 It appeared that the City Council, at its meeting of July 8, 2003, Continued Until continued the hearing of the application of the City of Fort Worth August 12, 2003 for a change in zoning of property located in the 9200-9500 blocks of Boat Club Road from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for boat, RV, truck and trailer storage, bed and breakfast and residence, repair and storage of inoperable vehicles prohibited, landscape buffer on southern and western property lines, with waiver of site plan recommended, Zoning Docket No. ZC-03-086. (See Letter of Appeal). Mayor Moncrief asked if there was anyone present desiring to be heard. There being no one else present desiring to be heard in connection with the application of the City of Fort Worth, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC- 03-086 be continued until August 12, 2003. The motion carried unanimously. Zoning Hearing It appeared to the City Council that the Notice of Public Hearing set today as the date for the hearing in connection with the recommended changes and amendments of 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 June 24, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. Mayor Pro tempore McCloud assumed his chair. SP-03-023 Mr. Jim Walker, 331 Arbor Court, appeared before Council in Approved support of the zoning change. Jim Walker Council Member Moss made a motion, seconded by Council Member Lane, that the application of CTC Transportation for a change in zoning of property located at 3540 and 3550 Euless CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 15 of 17 South Main, site plan for truck transport storage and staging area, Site Plan No. SP-03-023 be approved with the provision that truck and trailer storage would be maintained 300 feet from the Euless and South Main property line. The motion carried unanimously. ZC-03-186 It appeared that the City Council set today as the date for a hearing Ord. #15622 for Zoning Docket No. ZC-03-186, Text Amendment concerning Approved zoning of hotels, motels and inns. Mayor Moncrief asked if there Text was anyone present desiring to be heard. Amendment There being no one else present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed, that Zoning Docket No. ZC-03-186 be approved, and that the following ordinance be adopted: ORDINANCE NO. 15622 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED BY APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), BY AMENDING SECTION 4.803, THE "NONRESIDENTIAL DISTRICT USE TABLE", TO REFLECT THAT HOTELS, MOTELS AND INNS ARE PERMITTED IN THE "MU-2" HIGH INTENSITY MIXED-USE AND "H" CENTRAL BUSINESS DISTRICTS WITHIN 1,000 FEET OF A RESIDENTIAL DISTRICT; AMENDING SECTION 5.116, "HOTEL, MOTEL OR INN," TO REFLECT THAT PLANNED DEVELOPMENT/SPECIFIC USE ZONING IS NOT REQUIRED FOR HOTELS, MOTELS AND INNS WITHIN 1,000 FEET OF A "MU-2" HIGH INTENSITY MIXED-USE DISTRICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. 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 Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 15, 2003 PAGE 16 of 17 ORDINANCE NO. 15623 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. Rupert Cole, 4728 Dilworth, appeared before Council regarding Presentations trash collection. Rupert Cole Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:46 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 hotel/motel occupancy tax collection cases; b) Quentin L. Tracey et al v. City of Fort Worth, Cause No. 342-191838-02; c) City of Fort Worth v. William J. Tucker, et ux, Cause No. 2001-002795-3; d) Legal issues concerning the City's solid waste collection contracts; CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 15, 2003 PAGE 17 of 17 e) Legal issues concerning land uses in annexed areas; f) Legal issues concerning the Southwest Parkway (S.H. 121T); g) 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 1:53 p.m. Adjournment There being no further business, the meeting was adjourned at 1:53 p.m. CITY S RETARY M