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HomeMy WebLinkAbout2003/06/24-Minutes-City Council CITY COUNCIL MEETING JUNE 24, 2003 Date & Time On the 24th day of June, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:07 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, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Clyde Picht was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Jacqueta Chambers, McMillan United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of June 17, 2003, were approved unanimously. Special Ms. Jane Schlansker, President, Fort Worth Sister Cities, Presentations introduced the Sister Cities Youth Soccer Exchange Delegation from Reggio Emilia, Italy and Toluca, Mexico. A representative from each delegation expressed appreciation for the hospitality they had been provided and presented a gift to the City from each of their respective governments. Ms. Schlansker stated that in July 2003, Sister Cities International would travel to St. Louis, Missouri for the National Sister Cities Conference where Fort Worth Sister Cities would receive the 2003 Innovative Program for Youth Award, followed by a trip in September 2003 to Toluca. She added that the soccer games would be played tonight and June 26, 2003, from 6:00 p.m. to 8:00 p.m. at Clark Stadium located near the South Campus of Tarrant County College. Council Member Lane expressed appreciation to Ms. Schlansker and everyone at Sister Cities for their hard efforts and welcomed the soccer teams from Italy and Mexico. He encouraged everyone to get involved with Sister Cities. City Secretary Pearson recognized Vital Link students from McClain Middle School who attended the Council meeting. Mesdames Debbie Maddux, Teacher Supervisor, Beatrize Mince, Assistant Coordinator of Schools and Communities Partnerships and Mary Powell, a retired Fort Worth Independent School District educator, accompanied the students. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 2 of 20 Announcements Council Member Lane stated that the north Fort Worth Community, led by the African American community, had a Juneteenth celebration June 21, 2003. Part of the celebration was an essay contest on "What Freedom Means to Me". He congratulated Brittany Dean, Bianca Wright, and Ronica Spratt the first, second, and third place essay finishers, respectively, on their achievement and requested that the essays be attached to this meeting's Council Minutes. He also wished good luck and Godspeed to Council Member Moss on his trip to Ghana, Africa departing June 26, 2003, as part of the Sister Cities Exploratory Committee delegation. He added he was happy that an African city would be one of Fort Worth's Sister Cities. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Stevenson, the consent agenda was adopted unanimously. Res. #2958 There was presented Resolution No. 2958 adopting a position on Position on Congressional redistricting. Congressional Mayor Moncrief stated that he had sent a draft to Council for their Redistricting consideration on redistricting, but was withdrawing his submission in lieu of the substituted submission by Mayor Pro tempore McCloud. Mayor Pro tempore McCloud stated that his submission reflected that the 2000 redistricting plan was still serving Fort Worth well and made a motion, seconded by Council Member Moss, that the recommendation be adopted as amended. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Picht Res. #2959 There was presented Resolution No. 2959 appointing Council Appoint Council members Wendy Davis and John Stevenson to the Convention and Members Wendy Visitors Bureau Board of Directors representing the City of Fort Davis & John Worth. Mayor Pro tempore McCloud made a motion, seconded by Stevenson to Council Member Silcox, that the recommendation be adopted. The Convention & motion carried unanimously. Visitors Bureau Board of Directors CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 3 of 20 Res. #2960 There was presented Resolution No. 2960 appointing Mike Appoint Member Moncrief to the Board of Directors of Tax Increment Reinvestment to Board of Zone No. 3, City of Fort Worth, Texas (Downtown TIF) to fill the Directors of Tax vacant Board position created by the resignation of Kenneth Barr Increment for the remainder of the term and expiring December 31, 2003, and Reinvestment appointing Mike Moncrief as Chair of the Board of Directors of the Zone #3 to Fill Downtown TIF. Council Member Davis made a motion, seconded Vacant Position by Council Member Silcox, that the recommendation be adopted. & Appoint Chair The motion carried unanimously. of Board of Directors of Downtown TIF OCS-1356 There was presented Mayor and Council Communication No. OCS- Claims 1356 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing amending the City Code Chapter 23, "Offenses and Miscellaneous Provisions," Section 23-8, "Noise," Subsection (c)(9), "Construction Work". 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, as follows: G-13995 There was presented Mayor and Council Communication No. G- Set Public 13995, dated June 17, 2003, from the City Manager recommending Hearing & that the City Council adopt an ordinance amending Chapter 23, Continue Action Section 23-8 "Noise," Subsection (C)(9), "Construction Work", of Until July 8, 2003 the Code of the City of Fort Worth (1986), as amended, by changing the days that construction work is allowed and, changing the hours it is allowed on those days. Council Members Silcox and Stevenson stated that they had received complaints from citizens relative to construction noise, especially on the weekends. They asked that City staff ensure that neighborhood associations were informed about this proposed ordinance change. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 4 of 20 Council Member Haskin stated that this issue would come before the Government and Neighborhood Relations Committee next week and requested copies of any citizen complaints that had been received. She added that contact with the neighborhood associations, as well as members of the development community, was imperative. City Attorney Yett stated that at Council's request, this item would be continued from week to week and set for final action on July 8, 2003. G-13999 There was presented Mayor and Council Communication No. G- Res. #2961 13999 from the City Manager recommending that the City Council Expand adopt Resolution No. 2961 to expand the Polytechnic/Wesleyan Polytechnic/ Neighborhood Empowerment Zone (NEZ) by 0.0338 square miles. Wesleyan NEZ It was the consensus of the City Council that the recommendation be adopted. G-14000 There was presented Mayor and Council Communication No. G- Res. #2962 14000 from the City Manager recommending that the City Council Appoint Board adopt Resolution No. 2962 appointing the following individuals to of Directors of the Board of Directors of the Fort Worth Housing Finance Fort Worth Corporation effective June 24, 2003, and with terms expiring July 1, Housing Finance 2005: Corporation Mike Moncrief Jim Lane Chuck Silcox Becky Haskin Frank Moss Clyde Picht John Stevenson Ralph McCloud Wendy Davis It was the consensus of the City Council that the recommendation be adopted. G-14001 There was presented Mayor and Council Communication No. G- Semi-Annual 14001 from the City Manager recommending that the City Council Impact Fees adopt the Citizen Advisory Committee's Semi-Annual Impact Fees Progress Report Progress Report concerning the status of the Water and of Water & Wastewater Capital Improvements Plan (CIP). It was the Wastewater CIP consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 5 of 20 G-14002 There was presented Mayor and Council Communication No. G- Ord. #15595 14002 from the City Manager recommending that the City Council Sewer Per-Acre adopt Ordinance No. 15595 adopting a per acre charge for the 615 Charge for acres served by City initiated sewer main M-609 from Station 0+00 Sewer Main M- to Station 57+77.12; making this ordinance cumulative of other 609 from Station ordinances; repealing all ordinances in conflict herewith. It was 0+00 to Station the consensus of the City Council that the recommendation be 57+77.12 adopted. G-14003 There was presented Mayor and Council Communication No. G- Ord. #15596 14003 from the City Manager recommending that the City Council Water & Sewer adopt Appropriation Ordinance No. 15596 increasing estimated Interest Funds receipts and appropriations in the Commercial Paper Water Fund in the amount of $1,000,000.00 and in the Commercial Paper Sewer Fund in the amount of $1,000,000.00 from available funds for the purpose of funding unspecified projects. It was the consensus of the City Council that the recommendation be adopted. G-14004 There was presented Mayor and Council Communication No. G- Ord. #15597 14004 from the City Manager recommending that the City Council Water & Sewer adopt Appropriation Ordinance No. 15597 increasing estimated Interest Funds receipts and appropriations in the Water Capital Project Fund in the amount of $900,000.00 and the Sewer Capital Project Fund in the amount of $900,000.00 from available funds for the purpose of funding unspecified projects. It was the consensus of the City Council that the recommendation be adopted. G-14005 There was presented Mayor and Council Communication No. G- Water & Sewer 14005 from the City Manager recommending that the City Council Services for authorize the City Manager to execute an agreement with Mustang Creek Lonesome Dove Development, Ltd. regarding the construction and Estates operation of water and sewer utilities to serve the Mustang Creek Development Estates development located in the City's extra-territorial jurisdiction in southwestern Tarrant County. It was the consensus of the City Council that the recommendation be adopted. G-14006 There was presented Mayor and Council Communication No. G- Settlement of 14006 from the City Manager recommending that the City Council: Claims in Lawsuit — Emmitt 1. Authorize the proposed settlement of the claims of Emmitt Johnson v. City Johnson in the lawsuit entitled Emmitt Johnson v. City of of Fort Worth, in Fort Worth, in the District Court of Johnson County, Cause District Court of No. 249-5-99; and Johnson County, 2. Authorize the payment of $190,579.00 to Emmitt Johnson Cause No. 249-5- with the check made payable to Emmitt Johnson and 99 attorney, Jason C. N. Smith; and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 6 of 20 3. Authorize the appropriate City representative to execute the documents necessary to complete the settlement. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Mayor Moncrief stated that the City Attorney had advised him that Mayor and Council Communication Nos. G-14007 through G-14011, related to various board appointments, could be heard at the same time . G-14007 There was presented Mayor and Council Communication No. G- Res. #2963 14007 from the City Manager recommending that the City Council Appoint Board adopt Resolution No. 2963 appointing the Board of Directors of the of Directors of Alliance Airport Authority, Inc. effective June 24, 2003, and with Alliance Airport terms expiring July 1, 2005: Authority Inc. Mike Moncrief Jim Lane Chuck Silcox Becky Haskin Frank Moss Clyde Picht John Stevenson Ralph McCloud Wendy Davis Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. G-14008 There was presented Mayor and Council Communication No. G- Res. #2964 14008 from the City Manager recommending that the City Council Appoint Board adopt Resolution No. 2964 appointing the Board of Trustees of the of Trustees of Fort Worth Local Development Corporation effective June 24, 2003, Fort Worth Local and with terms expiring July 1, 2005: Development Corporation Mike Moncrief Jim Lane Chuck Silcox Becky Haskin Frank Moss Clyde Picht John Stevenson Ralph McCloud Wendy Davis CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 7 of 20 Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. G-14009 There was presented Mayor and Council Communication No. G- Res. #2965 14009 from the City Manager recommending that the City Council Appoint Board adopt Resolution No. 2965 appointing John Stevenson to the of Director of Board of Directors of the Lone Star Airport Improvement Authority, Lone Star Inc. effective June 24, 2003, and with a term expiring on July 1, Airport 2006. Council Member Davis made a motion, seconded by Council Improvement Member Haskin, that the recommendation be adopted. The motion Authority, Inc. carried unanimously. G-14010 There was presented Mayor and Council Communication No. G- Res. #2966 14010 from the City Manager recommending that the City Council Appoint Board adopt Resolution No. 2966 appointing the Board of Directors of the of Directors of Sunbelt Industrial Development Corporation effective June 24, Sunbelt 2003, and with terms expiring July 1, 2005: Industrial Development Mike Moncrief Corporation Jim Lane Chuck Silcox Becky Haskin Frank Moss Clyde Picht John Stevenson Ralph McCloud Wendy Davis Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. G-14011 There was presented Mayor and Council Communication No. G- Res. #2967 14011 from the City Manager recommending that the City Council Board of adopt Resolution No. 2967 appointing the Board of Directors of the Directors of Trinity Housing Finance Corporation effective June 24, 2003, and Trinity Housing with terms expiring July 1, 2005: Finance Corporation Mike Moncrief Jim Lane Chuck Silcox Becky Haskin Frank Moss CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 8 of 20 Clyde Picht John Stevenson Ralph McCloud Wendy Davis Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. G-14012 There was presented Mayor and Council Communication No. G- Ord. #15598 14012 from the City Manager recommending that the City Council Amend Chapter adopt Ordinance No. 15598 amending Chapter 6 of the Code of the 6 of Code City of Fort Worth, "Animals and Fowl", waiving the license fee for "Animal & Fowl" assistance animals upon proper proof; amending the requirements Dealing with for rabies vaccination to comply with the Texas Administrative License Fees, Code; and shortening the impoundment time for animals that are Rabies unnecessarily suffering, sick or injured; providing that this Vaccinations & ordinance shall be cumulative; providing a severability clause; Impoundment providing a savings clause; providing for a fine of up to $500.00 for each offense in violation with this ordinance. Council Member Davis requested an updated report on fees and vaccination requirements. Mr. Daniel Reimer, Health Department Director, stated that a report would be provided to the Public Safety Committee this Fall. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. G-14013 There was presented Mayor and Council Communication No. G- Intensive 14013 from the City Manager recommending that the City Council Education & authorize the City Manager to hire temporary and full time Cleanup personnel to capture and enter addresses to enhance the Big Campaign for Trash and Brush service collection levels within the City of Fort Brush and Bulky Worth. The estimated cost for this level of effort for 90 days will be Solid Waste $133,039.97. Collection Council Member Silcox asked staff what was the rate of pay the temporary employees would receive during the 90-day period and whether various neighborhood organizations had been contacted to provide part of this service. He also requested that a breakdown of staffing and associated costs be provided for review by the Council. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 9 of 20 Mr. Brian Boerner, Environmental Management Department Director, stated that temporary employees rate of pay would be $9.00 per hour plus mileage. He added that they all would be adequately trained and familiar with the particular area of the City in which they would be responsible for collecting data. He further stated that the City was working with neighborhood organizations and encouraged everyone to contact the City when they observed uncollected trash. Council Member Stevenson asked that Mr. Boerner provide a specific report in 90-days relative to the effectiveness of this campaign. Mr. Boerner stated that performance measurements would be determined and reports provided on a monthly basis. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14014 There was presented Mayor and Council Communication No. G- Ord. #15599 14014 from the City Manager recommending that the City Council Revise City adopt Ordinance No. 15599 amending Sections 24-1 through 24-4, Code Chapter 24 Sections 24-8 through 24-10 and Sections 24-14, 24-15, 24-17 and "Parks & 24-18 of Chapter 24 "Parks and Community Services" of the Code Community of the City of Fort Worth (1986), as amended, by adding new Services" regulations regarding animals and birds, littering, park hours, dogs on leashes, fishing, swimming, boating and camping, consumption of alcoholic beverages and wheeled sports equipment in the City parks. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. P-9813 There was presented Mayor and Council Communication No. P- Traffic 9813 from the City Manager recommending that the City Council Standards & authorize the purchase of traffic standards and arms for the Arms Transportation and Public Works Department with Techline, Inc. based on low bid with payment due 30 days from receipt of invoice and shipping included in unit prices for a price not to exceed $35,762.63. It was the consensus of the City Council that the recommendation be adopted. P-9814 There was presented Mayor and Council Communication No. P- Luminaries 9814 from the City Manager recommending that the City Council authorize a purchase agreement for luminaries (streetlight bulbs) with multiple vendors for the Transportation and Public Works CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 10 of 20 Department based on low bids and with payments due 30 days after receipt of invoices and transportation included in unit cost; and authorize this agreement to begin June 17, 2003, and expire June 16, 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-9815 There was presented Mayor and Council Communication No. P- HVAC Services 9815 from the City Manager recommending that the City Council: 1. Authorize a non-exclusive purchase agreement for heating, ventilation and air-conditioning (HVAC) repairs with the following contractors for the City, based on the lowest responsive bids received with payments due 30 days after receipt of the invoice; and • Tri-State Corporation, Grapevine • DMI Corporation, Cedar Hill 2. Authorize this agreement to begin June 25, 2003, and expire June 24, 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-9816 There was presented Mayor and Council Communication No. P- Public Access 9816 from the City Manager recommending that the City Council Database authorize a purchase agreement with Choice-Point for access to a public database for the Police Department. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. P-9817 There was presented Mayor and Council Communication No. P- Golf Course 9817 from the City Manager recommending that the City Council Renovation & confirm the emergency purchase of golf course renovation and Construction construction services from Burnside Services, Inc. for the Parks Services and Community Services Department for an amount not to exceed $56,250.00. Council Member Stevenson expressed concern with renovation costs. He asked how the greens at the Rockwood Golf Course became contaminated and if temporary greens would be available during the renovation. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 11 of 20 Mr. Randle Harwood, Parks and Community Services Acting Director, stated that several factors contributed to the deterioration of the greens, chief among them being a fungal condition in the soil. He added that the age of the greens and poor drainage conditions also contributed to the deterioration, but that the course had an additional eighteen holes that would accommodate golfers who wished to use this golf course. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. L-13581 There was presented Mayor and Council Communication No. L- Permanent 13581 from the City Manager recommending that the City Council Utility Easement approve the acceptance of one permanent utility easement described as part of the Sarah J. Rhodes Survey, Abstract No. 1326, Tarrant County, Texas, from Alcon Laboratories, Inc. necessary for the construction, operation and maintenance of a water line to serve Alcon Laboratories located north of Alta Mesa Boulevard and east of Interstate Highway 35W (DOE 3900) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13582 There was presented Mayor and Council Communication No. L- Lease Lake 13582 from the City Manager recommending that the City Council Worth Property authorize approval of a license agreement with Gerald Cypert for City-owned Lake Worth property located adjacent to Lot 16A, Block 25 (9868 Lake Haven Circle) for a term of five-years commencing on April 1, 2003, and ending on March 31, 2008, with one option to extend the agreement for another five-year term for an annual rage of $280.00. The April start date allows synchronization with the annual billing cycle. It was the consensus of the City Council that the recommendation be adopted. L-13583 There was presented Mayor and Council Communication No. L- Permanent 13583 from the City Manager recommending that the City Council Water Line approve the acceptance of one permanent water line easement and Easement & one temporary construction easement described as part of the Temporary Gonefacio Herrera Survey, Abstract No. 2027, Tarrant County, Construction Texas, from Charles L. Melcher, Robert L. Melcher and John Q. Easements Melcher and one temporary construction easement described as Lot 1, Block A, Park West Addition, Tarrant County, Texas, from SGD Park West for property located along Crowley Road between Everman Parkway and Country Manor (DOE 3120) necessary for CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 12 of 20 the construction and maintenance of water lines along Crowley Road between Everman Parkway and Country Manor for the Camelot water line improvement for a total cost of $2,001.00. It was the consensus of the City Council that the recommendation be adopted. L-13584 There was presented Mayor and Council Communication No. L- Lease Lake 13584 from the City Manager recommending that the City Council Worth Property authorize approval of a septic drain-field lease agreement with Paul Williams for City-owned Lake Worth property located adjacent to Lot 32, Block 20 (9416 Watercress Drive) for a term of five years with one option to extend the agreement for another five year term, commencing on February 1, 2003, and ending January 31, 2008, for an annual lease rate of $280.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2488 There was presented Mayor and Council Communication No. PZ- Ord. #15600 2488 from the City Manager recommending that the City Council Boundary approve Ordinance No. 15600 and Boundary Agreement with the Agreement with City of White Settlement concerning 11.97 acres belonging to the City of White City of White Settlement in the area east of North Las Vegas Trail Settlement for and south of Shore Drive; and authorize the Mayor to execute the 11.97 Acres in Joint Ordinance and Boundary Agreement. It was the consensus Area East of of the City Council that the recommendation be adopted. North Las Vegas Trail & South of Shore Drive PZ-2489 There was presented Mayor and Council Communication No. PZ- Establish 2489 from the City Manager recommending that the City Council Timetable for approve the annexation timetable for proposed voluntary Voluntary annexation of approximately 52 acres of land located north of Annexation of 52 Keller-Haslet-Roanoke Road, south of Tarrant County/Denton Acres Located County line, east of Old Denton Road, and west of Ridgetop Road North of Keller- (AX-03-0004, Lost Creek Ranch North) in order to annex the subject Haslet-Roanoke property in compliance with the requirements of Chapter 43 of the Road, South of Local Government Code of the State of Texas; and direct staff to Tarrant County/ prepare a service plan that provides for the extension of full Denton County municipal services to the annexation area. Line, East of Old Denton Road, & Council Member Davis asked City Manager Jackson to provide a West of Ridgetop staff report on the cost benefit analysis of the 52 acres proposed Road (Lost Creek Ranch North for annexation. AX-03-0004 CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 13 of 20 City Manager Jackson stated that staff would highlight geographic boundaries and City limit lines at a Pre-Council work session once the annexations are reflected on the agenda. He stated that staff would present a comprehensive overview of annexation policies this summer that would address growth management of the City and how it related to the Capital Improvement Program. Council Member Haskin requested the report include information on when water services would be provided to the areas located in the extraterritorial jurisdiction of the City. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing for the street name change of Doc Mitchell Street to Petty Place. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. PZ-2490, as follows: PZ-2490 There was presented Mayor and Council Communication No. PZ- Ord. #15601 2490 from the City Manager recommending that the City Council Street Name adopt Ordinance No. 15601 changing the name of "Doc Mitchell Change Street" to "Petty Place," Fort Worth Texas. SN-03-004 Captain David Coble, representing the Fire Department, stated that he had contacted the widow of Doc Mitchell and she did express some opposition to the street name change. City Manager Jackson suggested a compromise for the street name change to ensure Doc Mitchell continued to be honored by double blading the sign such as those used in historic districts. Captain Coble stated that double blading would not be a problem. There being no one else present desiring to be heard in connection with the public hearing for the street name change of Doc Mitchell Street to Petty Place, Council Member Silcox made a motion, seconded by Council Member Stevenson, that the public hearing be closed and that Mayor and Council Communication No. PZ-2490 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 14 of 20 C-19623 There was presented Mayor and Council Communication No. C- Sundance 19623 from the City Manager recommending that the City Council Square, A Texas authorize the City Manager to enter into a consent agreement with General Sundance Square, A Texas General Partnership, Inc. authorizing Partnership installation of an entrance canopy and graphic on the Burk Burnett Building (Fourth Street side) at 500 Main Street. It was the consensus of the City Council that the recommendation be adopted. C-19624 There was presented Mayor and Council Communication No. C- Sundance 19624 from the City Manager recommending that the City Council Square, A Texas authorize the City Manager to enter into a consent agreement with General Sundance Square, A Texas General Partnership, authorizing use of Partnership the right-of-way for a door swing into the sidewalk area at 303 Main Street at the Plaza Hotel Building. It was the consensus of the City Council that the recommendation be adopted. C-19625 There was presented Mayor and Council Communication No. C- Dr. Diana 19625 from the City Manager recommending that the City Council Raulston, DDS authorize the City Manager to enter into a consent agreement with PLLC Dr. Diana Raulston, DDS PLLC authorizing use of the right-of-way for a sign at 815 Houston Street. It was the consensus of the City Council that the recommendation be adopted. C-19626 There was presented Mayor and Council Communication No. C- Amendment #4 19626 from the City Manager recommending that the City Council to CSC #25335 — authorize the City Manager to execute Amendment No. 4 to City Carter & Secretary Contract No. 25335 with Carter & Burgess, Inc. to provide Burgess, Inc. additional design services for North Tarrant Parkway from IH-35W to US 377 for a lump sum fee of $80,907.00. It was the consensus of the City Council that the recommendation be adopted. C-19627 There was presented Mayor and Council Communication No. C- McClendon 19627 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a contract with McCLendon Company, Inc. Construction Company, Inc. in the amount of $673,992.80 for street reconstruction of Alta Mesa Boulevard from Vega Drive to McCart Avenue (DOE 2844). It was the consensus of the City Council that the recommendation be adopted. C-19628 There was presented Mayor and Council Communication No. C- Ord. #15602 19628 from the City Manager recommending that the City Council: Cleburne Utility Construction, 1. Authorize the transfer of $1,890,741.00 from the Water and Inc. Sewer Operating Fund to the Water Capital Project Fund in the amount of $934,230.00, and the Sewer Capital Project Fund in the amount of $956,511.00; and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 15 of 20 2. Adopt Appropriation Ordinance No. 15602 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $934,230.00 and the Sewer Capital Project Fund in the amount of $956,511.00 from available funds for the purpose of funding a contract with Cleburne Utility Construction, Inc. for Water and Sewer Main Replacements Contract 20026; and 3. Authorize the City Manager to execute a contract with Cleburne Utility Construction, Inc. in the amount of $1,718,855.00 for the Water and Sewer Main Replacements Contract 20026. It was the consensus of the City Council that the recommendation be adopted. C-19629 There was presented Mayor and Council Communication No. C- Mactec 19629 from the City Manager recommending that the City Council Engineering and authorize the City Manager to execute a contract with Mactec Consulting, Inc. Engineering and Consulting, Inc. for geo-technical and construction material testing services for various City of Fort Worth projects for a period of 24 months with an aggregate fee not to exceed $200,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19630 There was presented Mayor and Council Communication No. C- Ord. #15603 19630 from the City Manager recommending that the City Council: Texas 1. Authorize the City Manager to accept and execute an Department of extension of a grant contract with the Texas Department of Health Health for $33,333.00 to be used to increase immunization levels in infant and pre-school age children and provide awareness and education at the community level; and 2. Adopt Appropriation Ordinance No. 15603 increasing estimated receipts and appropriations in the Grants Fund in the amount of $33,333.00, subject to receipt of the grant from the Texas Department of Health, for the purpose of funding immunization outreach in the community; and 3. Waive indirect costs of ten percent of related salary. It was the consensus of the City Council that the recommendation be adopted. C-19631 There was presented Mayor and Council Communication No. C- DFW Advisors 19631 from the City Manager recommending that the City Council Ltd. Company authorize the City Manager to execute a contract with DFW Advisors Ltd. Company to manage the Noise Mitigation Program CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 16 of 20 Phase IV-AA at Fort Worth Meacham International Airport for an amount not to exceed $71,717.00. It was the consensus of the City Council that the recommendation be adopted. C-19632 There was presented Mayor and Council Communication No. C- Multatech 19632 from the City Manager recommending that the City Council Engineering, Inc. authorize the City Manager to enter into an engineering agreement with Multatech Engineering, Inc. for the preparation of plans and specifications for the Air blower installation and the preparation of a diffuser upgrade study for Village Creek Wastewater Treatment Plant for an amount not to exceed $203,455.00. It was the consensus of the City Council that the recommendation be adopted. C-19633 There was presented Mayor and Council Communication No. C- Site Concrete, 19633 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Site Concrete, Inc. for the construction of the Lake Worth South Shore Water Improvements, Part 2 on the total low bid amount of $295,953.90. It was the consensus of the City Council that the recommendation be adopted. 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 2, 2003. Mayor Moncrief asked if there was anyone present desiring to be heard. Jim Dunaway Mr. Jim Dunaway, 1501 Merrimac Circle Suite 100, appeared before Council in support of the zoning change. He requested Council favorably consider the zoning change. The following individuals appeared before Council in support of the zoning change: Bryan Livingston, Mr. Bryan Livingston 2536 Waits Ave. Sandra Dennehy, Ms. Sandra Dennehy 3124 College Ave. Jim Johnson Mr. Jim Johnson 3224 Rogers Ave. Stephen Smith Mr. Stephen Smith, owner of the property at 3052 Wabash, appeared before Council in opposition of the zoning change. He stated that this was spot zoning and would damage property values in the area. He requested that Tracts 2A and 2B be removed from consideration. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 17 of 20 ZC-03-129 Council Member Davis made a motion, seconded by Mayor Pro Approved/ tempore McCloud, that the application of Texas Christian Denied University for a change in zoning of property located north of Berry Street, west of Forest Park Boulevard, east of Stadium Drive and south of West Cantey Street, Zoning Docket No. ZC-03-129, be approved/denied as follows: Recommended for Approval: From "A-5" One-Family, "B" Two-Family, "C" Medium Density Multi-Family "CF" Community Facilities, "ER" Neighborhood Commercial Restricted, "E" Neighborhood Commercial and "F" General Commercial Tracts 1, 2A, 213, 3, 4, 5A, 513, 6A, 613, 6C, 6D, 6E, 7, 8A, 813, 9A, 913, 10A, 10B, 10C, 11, 12, 13, 14C, 15A, 15C, 20 and 21 to "PD/SU" Planned Development/Specific Use for all uses in "MU-2" High Intensity Mixed-Use with exceptions indicated below, and with waiver of site plan recommended: Ambulance dispatch station Blood bank Electric power substation Probation or parole office Auto repair, paint and body shop Boat rental or sales Cold storage or ice plant Gunsmithing, repair or sales Mini-warehouses Newspaper distribution center Automotive repair; paint and body shop Assembly of pre-manufactured parts except for vehicles, trailers, airplanes, mobile homes Bottling works, milk or soft drinks Manufacture of artificial flowers, ornaments, awnings, tents, bags, cleaning or polishing preparations, small boats, novelties and clothing Monument or marble works, finishing or carving only Monument works, stone Paper box manufacture Rubber stamp manufacture Sheet metal shop Warehouse or bulk storage Welding shop, custom work (not structural) CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 18 of 20 Tracts 17A, 17B, and 19 to "PD/SU" Planned Development/Specific Use for all uses in "MU-1" Low Intensity Mixed-Use with restrictions on parking indicated below, blasting prohibited, with waiver of site plan recommended: Surface parking would be permitted at grade on the sites, or parking would be permitted one level below grade on the sites. The total number of surface parking or one level below grade parking shall not exceed 97 spaces for Tract 17 17A, 194 spaces for Tract 17B, and 483 spaces for Tract 19. Above grade parking structures and blasting not allowed. Recommended for Denial: Tracts 14A, 14B, 14D, 15B, 15D, 15E, 16 and 18 from "B" Two- Family and "C" Medium Density Multi-Family to "MU-2" High Intensity Mixed-Use. 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 Davis made a motion, seconded by Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15604 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 19 of 20 Council Member Davis requested that as an informal part of the record, efforts should be made to move forward to rezone the south side of Berry Street to "MU-1" and to fill-in those doughnut holes left on the north side of Berry Street. She added that Texas Christian University would assist the City in these rezoning efforts and would possibly submit a unified rezoning application to bring the north and south sides of Berry Street into one cohesive multi- use zoned area and at such time move to put in place a Neighborhood Empowerment Zone. She further stated that her goal was to bring this back to Council for consideration in 90 days. Citizen Mr. Sal Espino, 4920 Robinson Street, President, Latin Arts Presentations Association (LAA) of Fort Worth, appeared before Council and Sal Espino expressed appreciation for Council's assistance with renovating the Rose Marine Theatre. He invited the Council to the July 8, 2003 adaptation of the "Miser" being performed by 40 children participating in the Education Outreach program. He added that he had submitted a public information request to ascertain why Community Development Block Grant (CDBG) funding for the Latin Arts Association was denied, but that he had not received a response. Assistant City Manager Joe Paniagua, appeared before Council and stated that an Informal Report had been provided Council in Friday's packet relative to this issue. He added that the LAA had not met its goals and further stated that the lease in its current form did not address performance measures such as use days and activity days at the theatre. He recommended Council defer action on the CDBG contract until negotiations are completed and performance measures were established for the lease agreement. Hector Carrillo Mr. Hector Carrillo, 740 N. Sylvania, appeared before Council relative to construction of a new Police Lab for the Police Department and recommended that the City consider renting an existing facility for this purpose. Mayor Moncrief informed Mr. Carrillo that Council had deferred action on this issue to permit dialog with the County to explore the possibility of having a joint facility. Ernest Mackey Mr. Ernest Mackey, 2700 Carnation Street, appeared before Council relative to the proposed budget. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 24, 2003 PAGE 20 of 20 Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:40 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 the City's solid waste collection contracts; b) Legal issues concerning sewer backup claims; c) Legal issues concerning contracts with other governmental agencies and immunity from lawsuits; d) Legal issues concerning a proposed contract with Texas Housing & Economic Resources; e) 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 1:30 p.m. Adjournment There being no further business, the meeting was adjourned at 1:30 p.m. CITY S CRETARY MA OR