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HomeMy WebLinkAbout2003/07/08-Minutes-City Council CITY COUNCIL MEETING J U LY 8, 2003 Date & Time On the 8t" day of July, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 7:03 p.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, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Frank Moss was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Brother Paul McMullen, Saint Bartholomew's Catholic Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Stevenson, the minutes of the regular meeting of July 1, 2003, were approved unanimously. Special Mr. Tom Justice, Chair, Mayor's Commission on Persons with Presentations Disabilities, presented the winners of the Persons with Disabilities College Scholarship. Announcements Council Member Lane expressed appreciation to the Fort Worth Cats organization, Fort Worth Fire Fighters Association, and Fort Worth Police Officers' Association for the spectacular fireworks display presented July 4, 2003 at LaGrave Field. He also introduced Tiah Tran a lawyer from Hanoi, Viet Nam who was in Dallas attending an institute at Southern Methodist University. Council Member Lane stated that Mr. Tran had also spent some time with the Fort Worth Police Department getting a first hand view of the criminal justice system in America. Council Member Silcox expressed appreciation to all the volunteers that assisted with over 800 phone calls from citizens reporting fireworks violations to the Fire Department on July 4, 2003. He specificially thanked volunteers Brenda Silcox, Marsha Anderson, and Kathleen Heath for their hard work. Council Member Davis expressed appreciation to Tim Tarkley, the members from Transportation/Public Works and Police Departments who assisted with Fort Worth's first triathalon July 6, 2003. She stated that there were over 200 participants competing CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 2 of 25 and everyone had a great time. She added that the event raised funds for the Summerbridge Program college fund which serves underprivileged youth in our community. Mayor Moncrief stated that he and Council Member Stevenson participated in the Annual Como Day parade on July 4, 2003. He stated that it was a well attended event and everyone had a good time. He expressed appreciation to all the volunteers who made the parade such a success. Mayor Moncrief echoed the comments of Council Members Davis and Silcox and encouraged citizen input for both projects, adding that comments would ultimately benefit their city. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication Nos. G-13995 (Revised 1) be withdrawn and C- Staff 19606 be continued for two weeks. Council Member Haskin excused herself from the table at this time. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Lane, the consent agenda was adopted unanimously. Res. #2969 There was presented Resolution No. 2969 appointing Council Appoint Council Member Chuck Silcox to Place 10 of the Board of Directors of the Member Silcox Employees' Retirement Fund of the City of Fort Worth effective to Board of July 8, 2003, and with a term expiring September 30, 2004. Council Directors of Member Lane made a motion, seconded by Council Member Picht, Employees' that the recommendation be adopted. The motion carried Retirement Fund unanimously. Council Member Haskin assumed her chair. Res. #2970 There was presented Resolution No. 2970 authorizing the City Issue Request Manager to issue a Request for Proposals for the development of a for Proposals for Convention Center hotel. Council Member Davis made a motion, Development of seconded by Mayor Pro tempore McCloud, that the Convention recommendation be adopted, as amended in the Pre-Council Center Hotel Meeting. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 3 of 25 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Stevenson, and Davis NOES: Council Member Picht ABSENT: Council Member Moss Res. #2971 There was presented Resolution No. 2971 approving the 2003-2004 2003-2004 Crime Crime Control Plan and budget as adopted by the Directors of the Control Plan & Fort Worth Crime Control and Prevention District (CCPD). Budget Ms. Susan Alanis, representing the Police Department, appeared before Council, presented a staff report, and requested Council's favorable consideration of the proposed budget. Greg Johnson Mr. Greg Johnson, 900 E. Leuda Street, appeared before Council in support of the CCPD budget. He stated that he was a resident of the near southeast community and asked for Council's support with their community policing endeavors. Mayor Pro tempore McCloud stated that the policing endeavors in this area were part of the Community Development Corporation (CDC) effort called Project Safe Neighborhood. He asked City Manager Jackson to review the CDC's proposal for possible funding by the CCPD. City Manager Jackson stated that the City had received late in the CCPD budget process an $800,000.00 request from the near southeast CDC for assistance. He added that it was a thoughtful and well-developed proposal and merited consideration. He further stated that this would be brought back to Council for consideration after October 1, 2003. Council Member Haskin stated that as the City goes forward with the CCPD budget process, she would like to see performance measures in order to determine if those goals are being achieved and if not what are the reasons for non-achievement. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 4 of 25 Committee Council Member Davis announced that a Town Hall meeting to Report discuss the proposed Convention Center Hotel would be held July 22, 2003 at 5:30 p.m. in Room 202 of the Fort Worth Convention Center. She added that Council wanted the community to be part of the decision making process and encouraged everyone interested to please attend the meeting. Council Member Silcox stated that a public hearing would be conducted July 15, 2003 in the Pre-Council Chamber after the regular City Council meeting adjourned. He added that the public hearing was to heighten public awareness of the City's proposed plan for a 2004 bond package tentatively set for February 7, 2004. He added that meetings would be conducted in each Council district to receive comments relative to street repair and drainage issues in the City and that citizen input was invaluable. He further stated that all information had to be gathered before November 5, 2003 for submission to the Justice Department and encouraged everyone interested to please attend the public hearing and district meetings. OCS-1358 There was presented Mayor and Council Communication No. OCS- Claims 1358 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-13995 It was the consensus of the City Council that Mayor and Council Revised-1 Communication No. G-13995 Revised-1, dated July 1, 2003, Withdrawn Adoption of Ordinance Amending City Code Chapter 23, "Offenses and Miscellaneous Provisions," Section 23-8, "Noise," Subsection (c)(9), "Construction Work," be withdrawn. Public Hearing It appeared that the City Council set today as the date for a public hearing for the adoption of an ordinance amending City Code Chapter 23, "Offenses and Miscellaneous Provisions," Section 23- 8, "Noise." Mayor Moncrief asked if there was anyone present desiring to be heard. Assistant City Attorney Carla Cook appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13995 Revised-2, and stated that the revised ordinance provided to Council in their Council packet July 3, 2003, CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 5 of 25 reflected the deletion of the last sentence in Section 1(13)(i) which stated: "City council may issue a permit for such work beyond these hours for good cause after a public hearing." G-13995 There was presented Mayor and Council Communication No. G- Revised-2 13995 Revised-2 from the City Manager recommending that the Ord. #15608 City Council adopt Ordinance No. 15608 amending Chapter 23, Amend City Section 23-8 "Noise," Subsection (c)(9), "Construction Work", of Code Chapter the Code of the City of Fort Worth (1986), as amended, by changing 23, "Offenses & the days that construction work is allowed, and changing the hours Miscellaneous it is allowed on those days. Provisions," Section 23-8, The following individuals appeared before Council in support of "Noise" the ordinance amendment: Joe Howell, Mr. Joe Howell 805 Hillcrest Jim Parr (Represented Fort Worth Builders Association) Mr. Jim Parr 2301 Ridgmar Plaza #19 (Represented Greater Fort Worth Association of Realtors) The following individuals appeared before Council in opposition to the extension of construction work hours: Fred Villarreal, Mr. Fred Villarreal 8350 Sunset Cove Maureen Ms. Maureen Villarreal 8350 Sunset Cove Villarreal Mayor Moncrief stated that Ms. Meryl Reed had submitted a written statement also in opposition to the extended construction work hours. He added that it would become part of the record for this meeting. Council Member Stevenson stated that he was still concerned with the provision of extension of the construction work hours on weekdays. Council Member Davis stated as a point of clarification, that neither this ordinance nor the previous noise ordinance set construction work hours; they only provided the presumption of when construction noise was unreasonable. Mayor Pro tempore McCloud asked that staff provide a report in six months relative to how many complaints had been received and the disposition of those complaints relative to the extended construction work hours. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 6 of 25 There being no one else present desiring to be heard in connection with the public hearing for the adoption of an ordinance amending City Code Chapter 23, "Offenses and Miscellaneous Provisions," Section 23-8, "Noise," Council Member Haskin made a motion, seconded by Council Member Davis, that the public hearing be closed and that Mayor and Council Communication No. G-13995 Revised-2 be adopted, as amended. The motion carried unanimously. G-14015 There was presented Mayor and Council Communication No. G- Withdrawn By 14015, dated July 1, 2003, from the City Manager recommending City Staff that the City Council adopt a resolution consenting to the City of Irving's grant of a rebate incentive for Network Distribution, Inc. to relocate its new central warehouse/distribution facility to Dallas/Fort Worth International Airport (DFW). City Attorney Yett stated that the original M&C should be withdrawn and that there was a revised version. He added that the M&C was the same, save and except for the name of the company being reflected as "Network Distribution, Inc." instead of "Network Logistics, Inc." G-14015 Revised There was presented Mayor and Council Communication No. G- Res. #2972 14015 Revised from the City Manager recommending that the City City of Irving's Council adopt Resolution No. 2972 consenting to the City of Grant for Rebate Irving's grant of a rebate incentive for Network Logistics, Inc. to Incentive for relocate its new central warehouse/distribution facility to Network Dallas/Fort Worth International Airport (DFW). Logistics, Inc. to Relocate New Council Member Davis made a motion, seconded by Council Central Member Silcox, that the recommendation be adopted. The motion Warehouse/ carried unanimously. Distribution Facility to DFW Airport Public Hearing It appeared that the City Council set today as the date for a public hearing on the Citywide Historic Preservation Plan, and adoption of a resolution adopting the Plan and amending the Comprehensive Plan to incorporate the Preservation Plan. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 7 of 25 Ms. Shannon Wasielewski, representing the Planning Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14018, as follows: G-14018 There was presented Mayor and Council Communication No. G- Res. #2973 14018 from the City Manager recommending that the City Council Adopt Citywide conduct a public hearing on the Citywide Historic Preservation Historic Plan, as endorsed by the Historic and Cultural Landmarks Preservation Commission and the City Plan Commission, to allow the public the Plan & Amend opportunity to give testimony and present written evidence; and Comprehensive adopt Resolution No. 2973 in order to adopt the Citywide Historic Plan to Preservation Plan and accept it as an amendment to the City's Incorporate Comprehensive Plan. Preservation Plan The following individuals appeared before Council in support of the resolution: Mr. Joel Burns 2425 N. Edgewood Terrace Ms. Jerre Tracy 1020 Summit Avenue Mr. Marty Craddock 4904 Dexter Mr. Trent St. Clair 1200 Summit #504 Council Member Davis expressed appreciation to Louise Appleman for acting as Chair of this committee, and congratulated Mr. St. Clair on his willingness to come to the table and discuss various issues with the committee. Council Member Picht expressed concern relative to the impact this resolution would have on homes that were not identified as historic. There being no one else present desiring to be heard in connection with a public hearing on the Citywide Historic Preservation Plan, and adoption of a resolution adopting the Plan and amending the Comprehensive Plan to incorporate the Preservation Plan, Council Member Lane made a motion, seconded by Council Member Davis, that the public hearing be closed and that Mayor and Council Communication No. G-14018 be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 8 of 25 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Moss G-14019 There was presented Mayor and Council Communication No. G- Continued Until 14019 from the City Manager recommending that the City Council: July 29, 2003 1. Authorize the City Manager to execute a Subordination 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. City Manager Jackson stated that the funding information was omitted from page 2 of the M&C and that the $100,000.00 loan guarantee would be included in the accounting area of an amended M&C. Assistant City Attorney Marcella Olson, stated that this was to ensure that the project would start on time, complete on time and that conformance of the agreement was adhered to. She further stated that the money was being loaned to the non-profit group. Bobbie Ms. Bobbie Edmonds, 210 W. 6t" Street Suite 914, an attorney Edmonds representing THER, appeared before Council in support of this issue. She stated that all loan documents had been secured and that work on the new Rolling Hills Residential Development was scheduled to start soon. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 9 of 25 Council Member Davis stated that the City was at risk of assuming liability for the loan if the project failed and inquired if her client would agree to have the $100,000.00 subordinate to the City of Fort Worth through the management fee he would receive. Edward Briscoe, Mr. Edward Briscoe, Jr., stated that if he used his management fee Jr. to subordinate the money to the City, he would be unable to employ the personnel and procure the necessary computers to properly manage the project. He added that the City was not at risk as KB Homes was the contractor and the project would be completed. He further stated that the tax revenue to the City would be over $100,000.00 per year. Council Member Picht made a motion, seconded by Council Member Silcox, that the recommendation be continued until July 29, 2003. Mayor Pro tempore McCloud asked Mr. Briscoe if the delay would create a problem for the project. Mr. Briscoe stated that a delay would be detrimental as KB Homes was under contract to start construction soon. Mayor Pro tempore McCloud made a substitute motion, seconded by Council Member Lane, to adopt Mayor and Council Communication No. G-14019. The motion failed by the following vote: AYES: Mayor Pro tempore McCloud; Council Member Lane NOES: Mayor Moncrief; Council Members Silcox, Haskin, Picht, Stevenson, and Davis ABSENT: Council Member Moss The original motion to delay until July 29, 2003 carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 10 of 25 AYES: Mayor Moncrief; Council Members Silcox, Haskin, Picht, Stevenson, and Davis NOES: Mayor Pro tempore McCloud; Council Member Lane ABSENT: Council Member Moss L-13587 There was presented Mayor and Council Communication No. L- Permanent 13587 from the City Manager recommending that the City Council Utility Easement approve the acceptance of a permanent utility easement described as A-1341, R. R. Ramey Survey, Tarrant County, Texas, from BR Real Estate Investment Ltd. located east of Escalante Avenue and south of Castanada Circle (DOE 3903) needed as right-of-way for the purpose of installing water, sewer and drainage facilities to serve the Blairbrook Fields addition for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13588 There was presented Mayor and Council Communication No. L- Permanent 13588 from the City Manager recommending that the City Council Water Line approve the acquisition of three permanent water line easements Easements described as A-1849, A. F. Albright Survey, and A-79 and A-79, 1846, J. Bowman Survey, Tarrant County, Texas, from Hayco Realty located along Bowman Roberts Road (DOE 3885) needed to allow for the construction of a 48-inch water transmission main from the Eagle Mountain Treatment Plant southerly along Bowman Roberts Road, then easterly along Cromwell/Marine Creek Parkway to Marine Creek Parkway for a total cost of $31,426.66. It was the consensus of the City Council that the recommendation be adopted. L-13589 There was presented Mayor and Council Communication No. L- Utility Easement 13589 from the City Manager recommending that the City Council approve the acceptance of a permanent utility easement described as A-265, Block 3-8, 33 and 34, Chirino Survey, Tarrant County, Texas, from North Tarrant 226 Joint Venture for property located south of Keller Haslet Road and east of Beach Street (DOE 3993) needed as right-of-way for the purpose of installing water, sewer, and drainage facilities to serve the McPherson Ranch Addition for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 11 of 25 L-13590 There was presented Mayor and Council Communication No. L- Permanent 13590 from the City Manager recommending that the City Council Utility Easement approve the acceptance of one permanent utility easement described as A-457, John Edmonds Survey, Tarrant County, Texas, from Kroger Texas, L.P. for property located north of Kroger Drive, and east of Woodcrest Drive (DOE 3866) needed for new development in the Deerfield-Phase 3 Addition for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13591 There was presented Mayor and Council Communication No. L- Permanent 13591 from the City Manager recommending that the City Council Utility approve the acceptance of two permanent utility easements and Easements & two temporary construction easements described as a portion of Temporary the J. Chirino Survey, Abstract No. 265, Tarrant County, Texas, Construction from D. R. Horton-Texas, Ltd. and North Tarrant 226 Joint Venture Easements for property located between Alta Vista Road and North Caylor Road, and south of Keller Haslet Road (DOE 3989), necessary for the construction and maintenance of utilities including a 42-inch water line between Alta Vista Road and the Caylor water tank for a total cost of $4.00. It was the consensus of the City Council that the recommendation be adopted. L-13592 There was presented Mayor and Council Communication No. L- Permanent 13592 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 Oakland Land Four Construction for property located south of Longhorn Trail and east of Marine Easement Creek Parkway (DOE 3636) 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 a total cost of $13,283.00. It was the consensus of the City Council that the recommendation be adopted. L-13593 There was presented Mayor and Council Communication No. L- Renew Lease of 13593 from the City Manager recommending that the City Council City-Owned authorize the City Manager to renew the lease agreement with Jerry Property L. and Lou Ann Reynolds for City-owned property located at 1404 Westport Parkway in Haslet, Texas (DOE 3531), for $500.00 per month; and authorize this agreement to begin July 1, 2003, and expire October 31, 2003, with the provision that the City or the tenant may terminate this lease by giving 30 days advance notice. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 12 of 25 L-13594 There was presented Mayor and Council Communication No. L- Sale of Tax 13594 from the City Manager recommending that the City Council Foreclosed authorize the sale of the tax foreclosed property described as Lot Property 20, Greve Addition (1001 Parkdale Avenue) to the Fort Worth Independent School District (FWISD) in accordance with Section 34.05 of the Texas Tax Code (DOE 920); and authorize the City Manager to execute an appropriate deed conveying the property for a total amount of $8,501.60 to the FWISD and record the deed. Council Member Lane made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. PZ-2492 There was presented Mayor and Council Communication No. PZ- Ord. #15609 2492 from the City Manager recommending that the City Council Open Yard adopt Ordinance No. 15609 vacating a 10-foot wide by 109.31-foot Easement long open yard easement, located along the south line of Lot 28R Vacation and between Lots 28R and 29R, Block 5-R, Chapel Creek Addition, VA-02-082 City of Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2493 There was presented Mayor and Council Communication No. PZ- Heard With 2493 from the City Manager recommending that the City Council Associated institute and consider the adoption of an ordinance declaring Zoning Case No. certain findings; providing for the extension of certain boundary ZC-03-131 limits of the City of Fort Worth; providing for the annexation of a certain 110.224 acres (1.734 square miles) of land, more or less, being a tract of land situated in the G. Cardinas Survey, Abstract No. 214 and the C. Tydings Survey, Abstract No. 1276, Denton County, Texas, and being the same tract of land conveyed to Briscoe Clark Company, Ltd. (Case No. AX-03-0003) which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council and stated that this annexation was associated with Zoning Docket No. ZC-03-131 and requested Council hear both issues together. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 13 of 25 C-19606 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-19606, dated June 3, 2003, Approval of the Two Weeks Construction of a Public Crossing of the Burlington Northern and Santa Fe (BNSF) Railway Company Line at Bogie Drive and Authorization to Enter into a Contract with Beechwood Companies and BNSF Agreeing to Accept and Maintain the Right-of-Way Associated with the Proposed Public Rail Crossing, be continued for two weeks. C-19639 There was presented Mayor and Council Communication No. C- Ord. #15610 19639 from the City Manager recommending that the City Council: Texas Department of 1. Authorize the City Manager to accept additional funds from Housing & the Texas Department of Housing and Community Affairs Community (TDHCA) in the amount of $185,868.00 as follows: Affairs a) $101,928.00 from the Systems Benefit Fund for the period September 1, 2002, through August 31, 2003; and b) $83,940.00 from the Low Income Home Energy Assistance Program for the period April 1, 2003, through March 31, 2004; and 2. Accept TDHCA allocated funds in the amount of $158,809.00, instead of the originally allocated amount of $161,582.00, in the Department of Energy Contract No. 563039, which is a reduction of $2,773.00; and 3. Adopt Appropriation Ordinance No. 15610 increasing estimated receipts and appropriations in the Grants Fund in the amount of $183,095.00, subject to the receipt of funding from the Texas Department of Housing and Community Affairs, for the purpose of funding the Weatherization Assistance Program; and 4. Authorize the City Manager to execute contracts reflecting the changes in funding. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 14 of 25 C-19640 There was presented Mayor and Council Communication No. C- Fonseca 19640 from the City Manager recommending that the City Council Properties, authorize the City Manager to enter into a consent agreement with L.L.C. Fonseca Properties, L.L.C., authorizing use of the right-of-way for an existing building and awning encroaching into the right-of-way at 607 Bailey Avenue. It was the consensus of the City Council that the recommendation be adopted. C-19641 There was presented Mayor and Council Communication No. C- LKCM Radio 19641 from the City Manager recommending that the City Council Group, L.P. authorize the City Manager to enter into a consent agreement with LKCM Radio Group, L.P. authorizing use of the right-of-way for a corner sign at 101 West 3rd Street and an entrance canopy, with two attached signs, at 115 West 3rd Street. It was the consensus of the City Council that the recommendation be adopted. C-19642 There was presented Mayor and Council Communication No. C- Imaginuity 19642 from the City Manager recommending that the City Council Interactive, Inc. authorize the City Manager to execute a contract with Imaginuity Interactive, Inc. in the amount of $87,000.00 to develop an Internet Website, a component of the Wayfinding Program for Downtown, the Cultural District, and the Historic Stockyards. It was the consensus of the City Council that the recommendation be adopted. C-19643 There was presented Mayor and Council Communication No. C- Change Order#3 19643 from the City Manager recommending that the City Council to CSC #27883 — authorize the City Manager to execute Change Order No. 3 to City Sutton & Secretary Contract No. 27883 with Sutton & Associates, Inc. for the Associates, Inc. reconstruction of Camp Bowie Boulevard from Eldridge Street to Hulen Street in the amount of $86,220.32 for construction overruns, thereby increasing the contract amount to $1,314,715.07. It was the consensus of the City Council that the recommendation be adopted. C-19644 There was presented Mayor and Council Communication No. C- Ord. #15611 19644 from the City Manager recommending that the City Council: Dal-Tech Engineering, Inc. 1. Authorize the transfer of $47,113.89 from the Water and Sewer Fund to the Water Capital Project Fund in the amount of $30,039.73 and the Sewer Capital Project Fund in the amount of $17,074.16 from available funds; and CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 15 of 25 2. Adopt Appropriation Ordinance No. 15611 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $30,039.73 and the Sewer Capital Project Fund in the amount of $17,074.16 from available funds for the purpose of funding an engineering agreement with Dal-Tech Engineering, Inc. for Water and Sewer Replacement Contract 2003 STM-A; and 3. Authorize the City Manager to execute an engineering agreement with Dal-Tech Engineering, Inc. in the amount of $44,113.89 for Water and Sewer Replacement Contract 2003 STM-A. It was the consensus of the City Council that the recommendation be adopted. C-19645 There was presented Mayor and Council Communication No. C- Change Order#1 19645 from the City Manager recommending that the City Council to CSC #28401 — authorize the City Manager to execute Change Order No. 1 to City Conatser Secretary Contract No. 28401 with Conatser Construction, Inc. for Construction, construction of a 16-inch Northside III water line to serve the Keller Inc. Independent School District in the amount of $26,350.00, thereby increasing the contract amount to $455,499.00. It was the consensus of the City Council that the recommendation be adopted. C-19646 There was presented Mayor and Council Communication No. C- Ord. #15612 19646 from the City Manager recommending that the City Council: Change Order#2 to CSC #27841 — 1. Authorize the transfer of $60,175.00 from the Water and S. L. Sibert Operating Fund to the Water Capital Project Fund; and Company, Inc. 2. Adopt Appropriation Ordinance No. 15612 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $60,175.00 from available funds, for the purpose of Change Order No. 2 to City Secretary Contract No. 27841 with S. L. Sibert Company, Inc. for additional and increased pay item quantities; and 3. Authorize the City Manager to execute Change Order No. 2 to City Secretary Contract No. 27841 with S. L. Sibert Company, Inc. for Water and Sanitary Sewer Replacement Contract 2001 STM-H in the amount of $60,175.00 for additional and increased pay item quantities, thereby increasing the contract amount to $801,540.20. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 16 of 25 It was the consensus of the City Council that the recommendation be adopted. C-19647 There was presented Mayor and Council Communication No. C- Ord. #15613 19647 from the City Manager recommending that the City Council: Stream Water Group, Inc. 1. Authorize the transfer of $68,366.00 from the Water and Sewer Fund to the Water Capital Project Fund in the amount of $59,504.00, and the Sewer Capital Project Fund in the amount of $8,862.00 from available funds; and 2. Adopt Appropriation Ordinance No. 15613 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $59,504.00 and the Sewer Capital Project Fund in the amount of $8,862.00 from available funds for the purpose of funding an engineering agreement with Stream Water Group, Inc. for Water and Sewer Replacement Contract 2003 STM-D; and 3. Authorize the City Manager to execute an engineering agreement with Stream Water Group, Inc. in the amount of $65,366.00 for Water and Sewer Replacement Contract 2003 STM-D. It was the consensus of the City Council that the recommendation be adopted. C-19648 There was presented Mayor and Council Communication No. C- Ord. #15614 19648 from the City Manager recommending that the City Council: Hunter Associates 1. Authorize the transfer of $66,127.83 from the Water and Texas, Ltd. Sewer Operating Fund to the Water Capital Project Fund in the amount of $50,723.43, and the Sewer Capital Fund in the amount of $15,404.40 from available funds; and 2. Adopt Appropriation Ordinance No. 15614 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $50,723.43 and the Sewer Capital Fund in the amount of $15,404.40 from available funds for the purpose of funding an engineering agreement with Hunter Associates Texas, Ltd. for Water and Sewer Replacement Contract 2003 STM-F; and CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 17 of 25 3. Authorize the City Manager to execute an engineering agreement with Hunter Associates Texas, Ltd. in the amount of $62,627.83 for Water and Sewer Replacement Contract 2003 STM-F. It was the consensus of the City Council that the recommendation be adopted. C-19649 There was presented Mayor and Council Communication No. C- Ord. #15615 19649 from the City Manager recommending that the City Council: R & D Burns Brothers, Inc. 1. Authorize the transfer of $417,045.00 from the Water and Sewer Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15615 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $417,045.00 from available funds, for the purpose of funding a contract with R & D Burns Brothers, Inc. for Water Replacement Contract 2002 STM-H; and 3. Authorize the City Manager to execute a contract with R & D Burns Brothers, Inc. in the amount of $372,045.00 for Water Replacement Contract 2002 STM-H. It was the consensus of the City Council that the recommendation be adopted. C-19650 There was presented Mayor and Council Communication No. C- TranSystems 19650 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute an engineering agreement Consultants with TranSystems Corporation Consultants in the amount of $89,596.00 for the design of a sanitary sewer extension to serve the Town of Tarrant Addition. It was the consensus of the City Council that the recommendation be adopted. C-19651 There was presented Mayor and Council Communication No. C- Ord. #15616 19651 from the City Manager recommending that the City Council: Texas Department of 1. Authorize the City Manager to execute a contract with the Health Texas Department of Health (TDH) for $500,517.00 to be used for public health preparedness and bioterrorism response during the period September 1, 2003, to August 31, 2004; and CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 18 of 25 2. Adopt Appropriation Ordinance No. 15616 increasing estimated receipts and appropriations in the Grants Fund in the amount of $500,517.00, from available funds, for the purpose of executing a contract with the Texas Department of Health for public health preparedness and bioterrorism response; and 3. Approve and indirect cost rate of ten percent of salaries, as authorized by TDH. It was the consensus of the City Council that the recommendation be adopted. C-19652 There was presented Mayor and Council Communication No. C- Amendment #2 — 19652 from the City Manager recommending that the City Council Wade & authorize the City Manager to execute Amendment No. 2 with Wade Associates, Inc. & Associates, Inc. in the amount of $203,740.00 for the Village Creek Drainage Area Wastewater Collection System Evaluation Study, increasing the total contract amount from $726,047.00, to $929,787.00. It was the consensus of the City Council that the recommendation be adopted. C-19653 There was presented Mayor and Council Communication No. C- New World 19653 from the City Manager recommending that the City Council Industries, Inc. authorize the City Manager to execute a contract with New World Industries, Inc. in the amount of $177,222.50 for the replacement of playgrounds at Carter North, Martin Luther King, and Pate parks. It was the consensus of the City Council that the recommendation be adopted. Council Members Lane and Picht excused themselves from the table at this time. Regular Zoning It appeared to the City Council that Resolution No. 2955 was Hearing adopted on June 17, 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 June 19, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. ZC-03-086 Mr. Bob Riley, Development Department Director, appeared before Approved/ Council and stated that two separate votes were required on this Continued for zoning case as the land parcels were not located together. One Week CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 19 of 25 Council Member Stevenson made a motion, seconded by Council Member Silcox, 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 "A-7.5" One-Family (145.38 acres), "A-10" One-Family (20.08 acres), "CF" Community Facilities (21.85 acres, with waiver of site plan recommended, Zoning Docket No. ZC-03-086, be approved. The motion carried unanimously. Council Member Stevenson made a motion, seconded by Council Member Silcox, 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 "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, be continued for one week. (See Letter of Appeal). The motion carried unanimously. Council Member Picht assumed his chair. ZC-03-088 Council Member Davis made a motion, seconded by Council Approved Member Silcox, that the application of Raj Medical Center for a change in zoning of property located at 1611, 1615 and 1617 West Oleander Street from "D" High Density Multi-Family to "PD/SU" Planned Development/Specific Use for all uses in "D" High Density Multi-Family plus a medical clinic, to be developed under "MU-1" Low Intensity Mixed-Use development standards, with waiver of site plan recommended, Zoning Docket No. ZC-03-088, be approved. The motion carried unanimously. SP-03-012 Council Member Davis made a motion, seconded by Council Denied Without Member Silcox, that the application of a site plan for Raj Medical Prejudice Center for 1611, 1615 and 1617 West Oleander Street for a medical clinic, Site Plan No. SP-03-012 be denied without prejudice. The motion carried unanimously. ZC-03-091 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of John K. Cockrell for a change in zoning of property located at 202, 212 and 218 West Broadway Avenue, 301 Galveston Avenue and 213 West Daggett Avenue from "D" High Density Multi-Family, "E" Neighborhood CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 20 of 25 Commercial District and "J" Medium Industrial to "MU-2" High Intensity Mixed-Use, Zoning Docket No. ZC-03-091, be approved. The motion carried unanimously. ZC-03-119 It appeared that the City Council, at its meeting of June 10, 2003, SP-03-017 continued the hearing of the application of Steve Hotchkiss for a Approved change in zoning of property located at 4524 Geddes Avenue and 4529 Donnelly Avenue from "A-5" One-Family and "B" Two-Family to "PD/SU" Planned Development/Specific Use for veterinary clinic and parking, Zoning Docket No. ZC-03-119 and Site Plan No. SP-03- 017. Mayor Moncrief asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Steve Hotchkiss, Council Member Davis made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-119 and Site Plan No. SP-03-017 be approved. The motion carried unanimously. Council Member Davis expressed appreciation to Dr. Hotchkiss and his wife for providing this service in the community. ZC-03-120 Council Member Picht made a motion, seconded by Council Approved Member Haskin, that the application of Centex Homes for a change in zoning of property located at 9000 Garden Spring Drive from "B" Two-Family to "CF" Community Facilities, Zoning Docket No. ZC- 03-120, be approved. The motion carried unanimously. ZC-03-123 Mr. Tom Stone, 16705 Village Lane, Dallas, Texas, representing the Continued Until developer of the property, appeared before Council in support of July 29, 2003 the zoning change. Tom Stone The following individuals appeared before Council in opposition of the zoning change. Joe Waller Mr. Joe Waller 2533 Castle Circle Gale Cupp Ms. Gale Cupp 8220 Heron Drive Linda Austin Ms. Linda M. Austin 8908 Heron Drive Council Member Stevenson expressed concern that residents who would be affected by the zoning change had not been contacted relative to the proposed development. He made a motion, seconded by Council Member Silcox, that the application of CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 21 of 25 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, be continued until July 29, 2003 to allow the developer to meet with the Lake Worth Neighborhood Association. The motion carried unanimously. PZ-2493 There was presented Mayor and Council Communication No. PZ- Ord. #15617 2493 from the City Manager recommending that the City Council Annexation for institute and consider the adoption of Ordinance No. 15617 Full Purposes of declaring certain findings; providing for the extension of certain 100 Acres boundary limits of the City of Fort Worth; providing for the Located North of annexation of a certain 110.224 acres (1.734 square miles) of land, SH114, West of more or less, being a tract of land situated in the G. Cardinas FM156 & South Survey, Abstract No. 214 and the C. Tydings Survey, Abstract No. of Sam 1276, Denton County, Texas, and being the same tract of land Reynolds Road conveyed to Briscoe Clark Company, Ltd. (Case No. AX-03-0003) (Harriet Creek which said territory lies adjacent to and adjoins the present Ranch) corporate boundary limits of Fort Worth, Texas; providing that the AX-03-0003 territory annexed shall bear its pro rata of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. ZC-03-131 It appeared that the City Council, at its meeting of June 10, 2003, Approved continued the hearing of the application of Briscoe Clark Company, Ltd. for a change in zoning of property located north of Highway 114 and west of C. Tydings from Unzoned to "A-5" One-Family, Zoning Docket No. ZC-03-131. 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 Briscoe Clark Company, Ltd., Council Member Silcox made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-03-131 be approved. The motion carried unanimously. ZC-03-138 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Haskin, that the application of the City of Fort Worth for a change in zoning of property located in the Stone Creek neighborhood at the southwest corner of Trinity Boulevard and CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 22 of 25 Euless South Main from "C" Multi-Family to "A-5" One-Family, Zoning Docket No. ZC-03-138, be approved. The motion carried unanimously. ZC-03-139 Mayor Pro tempore McCloud 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 Stone Creek neighborhood at the southwest corner of Trinity Boulevard and Euless South Main from "AR" One-Family Restricted to "A-5" One- Family, Zoning Docket No. ZC-03-139, be approved. The motion carried unanimously. ZC-03-140 Council Member Davis made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of Carol Pankratz for a change in zoning of property located at 1450 West Allen Street from "C/HC" Medium Density Multi-Family/Historic and Cultural Landmark to "MU-1/HC" Low Intensity Mixed-Use/Historic and Cultural Landmark, Zoning Docket No. ZC-03-140, be approved. The motion carried unanimously. ZC-03-142 Mr. Nathan Olson, P. O. Box 596, Ponder, Texas, appeared before Continued Until Council in support of the zoning change. August 12, 2003 Nathan Olson Council Member Haskin made a motion, seconded by Council Member Davis, that the application of Manhattan Apartments Partnership for a change in zoning of property located east of the 6900 block of Manhattan Boulevard from "E" Neighborhood Commercial to "B" Two-Family, Zoning Docket No. ZC-03-142, be continued until August 12, 2003. The motion carried unanimously. ZC-03-144 Council Member Haskin made a motion, seconded by Council SP-03-022 Member Stevenson, that the application of Flatiron Cambria 1, L.P. Approved for a change in zoning of property located at 4440 Basswood Boulevard from "F" General Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial plus outdoor storage of landscape materials, plants, and patio furniture, Zoning Docket No. ZC-03-144 and Site Plan No. SP-03-022, be approved, as amended with the new site plan that was submitted today. (See Letter of Appeal). The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 23 of 25 ZC-03-145 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Donnie Tucker for a change in zoning of property located in the 12360 block of Oak Grove Road South from "AG" Agricultural to "B" Two-Family, Zoning Docket No. ZC-03-145, be approved. The motion carried unanimously. ZC-03-148 Mr. Rick Horn, 6000 Western Center Boulevard, Suite 118, appeared Approved before Council in support of the zoning change. He stated that the Rick Horn development would have 177 lots with an average lot size of 5,300 square feet. Council Member Haskin made a motion, seconded by Council Member Davis, that the application of WW Investments/Fossil River, Ltd. for a change in zoning of property located at the northeast corner of IH30 and Sandy Lane (1100-1200 block of Sandy Lane) from "C" Medium Density Multi-Family and "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-03-148, be approved. The motion carried unanimously. Mr. Bob Riley, Director of the Development Department, appeared before the City Council and advised them that there was an associated annexation case that would not be heard until August 19, 2003 and suggested that Zoning Docket No. ZC-03-151 be continued until that time. ZC-03-151 Council Member Davis made a motion, seconded by Council Continued Until Member Silcox, that the application of Hudgins Companies for a August 19, 2003 change in zoning of property located north of Lost Creek Ranch North from Unzoned to "A-5" One-Family, Zoning Docket No. ZC- 03-151, be continued until August 19, 2003. The motion carried unanimously. ZC-03-154 Council Member Stevenson made a motion, seconded by Council Approved Member Davis, that the application of Gary Hazelwood for a change in zoning of property located south of Avondale-Haslet Road, west of FM 156, east of Willow Springs Road and north of Blue Mound Road from "AG" Agricultural to "A-5" One-Family, Zoning Docket No. ZC-03-154, be approved. The motion carried unanimously. ZC-03-155 Mr. Dan McInnis, 900 Monroe Street #404, appeared before Council Continued Until in support of the zoning change. August 12, 2003 Dan McInnis CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 8, 2003 PAGE 24 of 25 Council Member Haskin made a motion, seconded by Council Member Davis, that the application of Metronorth Development, Inc. for a change in zoning of property located north of John T. White Road, south of Kuban Boulevard and west of Williams Road from "R-2" Townhouse Cluster Residential, "CR" Low Density Multi-Family, and "ER" Neighborhood Commercial Restricted to "A-5" One-Family, Zoning Docket No. ZC-03-155, be continued until August 12, 2003. The motion carried unanimously. ZC-03-100 Ms. Betty J. Mars, 1821 Christopher Drive, appeared before Council Denied Without in support of the denial. Prejudice Betty Mars David Kirch Mr. David Kirch, 698 S. Bower, Richardson, Texas, architect for the development, appeared before Council in opposition of the Zoning Commission's denial. He requested that the application be denied without prejudice to allow the applicant to evaluate other development opportunities for this area. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the application of David J. Wells for a change in zoning of property located in the 1800 block of Hamlet Drive from "F" General Commercial to "C" Medium Density Multi-Family, Zoning Docket No. ZC-03-100, be denied with prejudice. (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, Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 8, 2003 PAGE 25 of 25 ORDINANCE NO. 15618 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. Charleston White, 8501 Easton Lane No. 425, appeared before Presentations Council regarding alleged racial profiling and discrimination on Charleston Miller Street and Berry by the Fort Worth Police Department. White Mayor Pro tempore McCloud thanked Mr. White for his concerns and stated that the City has had a problem with a build up of traffic this area and that everyone needed to work together to alleviate the cruising in this area. He asked that Mr. White schedule a meeting with him in the near future to discuss his concerns. City Manager Jackson stated that a Police Department representative had made an appointment to speak with Mr. White next week relative to this issue and that a report would be provided to Council. James Williams Mr. James A. Williams, 5632 Wedgworth Road, appeared before Council and expressed concerns relative to pickup practices of Waste Management. Adjournment There being no further business, the meeting was adjourned at 10. 0 P.M. CITY SEC ETARY OR