HomeMy WebLinkAbout2003/08/19-Minutes-City Council CITY COUNCIL MEETING
AUGUST 19, 2003
Date & Time On the 19th day of August, A.D., 2003, the City Council of the City of
Fort Worth, Texas, met in regular session at 10:08 a.m. in the City
Council Chamber, 1000 Throckmorton, with the following members
and officers present:
Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council
Members Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht,
John Stevenson, and Wendy Davis; City Manager Gary Jackson;
City Attorney David Yett; City Secretary Gloria Pearson. Council
Member Jim Lane was absent. With more than a quorum present,
the following business was transacted:
Invocation The invocation was given by Reverend Chuck Burns, Ridglea
Christian Church.
Pledge The Pledge of Allegiance was recited.
Minutes On motion of Council Member Haskin, seconded by Council
Member Moss, the minutes of the regular meeting of August 12,
2003, were approved unanimously.
Special Council Member Stevenson presented a Proclamation for Historic
Presentations Camp Bowie, Inc. Jazz Festival.
Announcements Respective Council Members announced the dates, times and
locations of scheduled meetings in their districts to receive citizen
input relative to the 2004 Capital Improvements Program. The
scheduled meetings would be held at 7:00 p.m. on dates and
locations as follows:
District 8: August 26, 2003 - Greenway Church, 1816 Delga St.
District 4: August 27, 2003 - Eastern Hills High School
Auditorium, 5701 Shelton
District 6: August 28, 2003 - Southwest Community Center,
6300 Welch Ave.
District 5: September 4, 2003 - Dunbar High School Cafeteria,
5700 Ramey
District 7: September 10, 2003 - Arlington Heights High School
Library, 4501 West Freeway
District 9: September 11, 2003 - Travis Avenue Baptist Church
(South Complex), 717 West Berry St.
Council Member Silcox provided an overview of the CIP timeline
for various submissions and reports and stressed the importance
of citizen input on the upcoming bond program. He stated that
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 2 of 19
most of the projects included in the 1998 Bond package were
completed. He encouraged all citizens to provide their input to the
City Manager, the Mayor and Council, members of the Capital
Improvement and Infrastructure Committee, or to Assistant City
Manager Charles Boswell.
Mayor Moncrief announced that a demonstration of new rail
technology would be held September 2, 2003, from 9:00 a.m. to
3:00 p.m. at the Texas and Pacific Rail Station. He stated that
everyone interested in commuter rail should attend.
Withdrawn from City Manager Jackson requested that Mayor and Communication
Consent Agenda No. L-13629 be withdrawn from the consent agenda.
Consent Agenda On motion of Council Member Silcox, seconded by Council
Member Davis, the consent agenda, as amended, was adopted
unanimously.
Res. #2980 There was presented Resolution No. 2980 appointing Council
Appoint Council Member John Stevenson to the Board of Directors of Tax
Member John Increment Reinvestment Zone No. 4, City of Fort Worth, Texas
Stevenson to (Southside TIF), effective August 19, 2003, and with a term expiring
Board of December 31, 2003, to fill a vacant position. Council Member Davis
Directors for Tax made a motion, seconded by Council Member Haskin, that the
Increment recommendation be adopted. The motion carried unanimously.
Reinvestment
Zone #4
(Southside TIF)
Res. #2981 There was presented Resolution No. 2981 approving the Fiscal
FY 2003-2004 Year 2003-2004 Tarrant County 9-1-1 District Budget. Council
Tarrant County Member Haskin made a motion, seconded by Council Member
9-1-1 District Davis, that the recommendation be adopted. The motion carried
Budget unanimously.
Res. #2982 There was presented Resolution No. 2982 creating the Citizens'
Create Citizens' Advisory Group and establishing its charge for the Southwest
Advisory Group Parkway (SH-121T). Council Member Silcox made a motion,
& Establish seconded by Council Member Stevenson, that the recommendation
Charge for be adopted. The motion carried unanimously.
Southwest
Parkway (SH-
121 T)
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 3 of 19
OCS-1367 There was presented Mayor and Council Communication No. OCS-
Claims 1367 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.
OCS-1368 There was presented Mayor and Council Communication No. OCS-
Res. #2983 1368 from the Office of the City Secretary recommending that the
Setting Regular City Council adopt Resolution No. 2983 setting the regular zoning
Zoning Hearing hearing for September 9, 2003. Council Member Stevenson made a
motion, seconded by Mayor Pro tempore McCloud, that the
recommendation be adopted. The motion carried unanimously
City Council Council Member Haskin stated that the Government and
Committee Neighborhood Relations Committee (GNRC) was accepting
Report applications for appointment to the Tarrant Appraisal District of
Tarrant County Board of Directors. She added interviews would be
conducted September 2, 2003, and applications should be provided
to the GNRC.
G-14056 There was presented Mayor and Council Communication No. G-
Settlement of 14056 from the City Manager recommending that the City Council
Lawsuit— approve the settlement of the claims of 13 individual plaintiffs; and
Stephen authorize the City Attorney to sign documents settling the lawsuit
Martinez et al v. entitled Stephen Martinez et al v. City of Fort Worth Water
City of Fort Department, Civil Action No. 4:03-CV-531-A in the amount of
Worth Water $37,050.00, which constitutes the payment of $2,850.00 to each of
Department, the plaintiffs, each check being made out to the plaintiff and their
Civil Action No. attorney of record, Richard L. Howard; and authorize the
4:03-CV-531-A appropriate City representatives to execute the documents,
including negotiable instruments, necessary to complete the
settlements. 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 to adopt an ordinance denying TXU Gas Company's
request for adjustments to local rates and charges. Mayor
Moncrief asked if there was anyone present desiring to be heard.
Mr. Danny Reed, representing the City Manager's Office, appeared
before Council, gave a staff report and called attention to Mayor
and Council Communication No. G-14057, as follows:
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 4 of 19
G-14057 There was presented Mayor and Council Communication No. G-
Ord. #15644 14057 from the City Manager recommending that the City Council
Deny TXU Gas adopt Ordinance No. 15644 denying the rates and charges
Company's requested by TXU Gas Company in its "Statement of Intent to
Request for Change Rates" as filed with the City on May 23, 2003; setting forth
Adjustments to findings by the City Council related thereto; confirming the
Local Rates & maximum permitted rates and charges that TXU Gas may continue
Charges to assess customers in the City of Fort Worth; providing that this
ordinance is cumulative; repealing all ordinances and sections of
ordinances in conflict herewith.
There being no one present desiring to be heard in connection with
the public hearing to adopt an ordinance denying TXU Gas
Company's request for adjustments to local rates and charges,
Council Member Haskin made a motion, seconded by Council
Member Moss, that the public hearing be closed and that Mayor
and Council Communication No. G-14057 be adopted. The motion
carried unanimously.
G-14058 There was presented Mayor and Council Communication No. G-
Confirm 14058 from the City Manager recommending that the City Council
Submission for confirm and authorize the submission of a Grant Application in the
Grant to Assist amount of $614,000.00 from the Department of Justice's
in Building an Community Orientated Policing Services Office to assist in
Interoperability building an Interoperability Communications Network for the
Communications Information Technology Solutions Department. Council Member
Network Davis made a motion, seconded by Council Member Stevenson,
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 designation of the Riverside area as a
Neighborhood Empowerment Zone and Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 11. Mayor Moncrief asked if
there was anyone present desiring to be heard.
Mr. Chris Anderson, representing the Housing Department,
appeared before Council, gave a staff report and called attention to
Mayor and Council Communication No. G-14059, as follows:
G-14059 There was presented Mayor and Council Communication No. G-
Res. #2984 14059 from the City Manager recommending that the City Council:
Ord. #15645 1. Adopt Resolution No. 2984 to designate the Riverside area
Designate as a Neighborhood Empowerment Zone (NEZ); and
Riverside Area
as N EZ &
FWNERZ #11
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 5 of 19
2. Hold a public hearing concerning the designation of the
Riverside area as Fort Worth Neighborhood Empowerment
Reinvestment Zone (FWNERZ) No. 11; and
3. Adopt Ordinance No. 15645 designating a certain area in the
City of Fort Worth as "Neighborhood Empowerment
Reinvestment Zone No. 11, City of Fort Worth, Texas";
providing the effective and expiration dates for the Zone and
a mechanism for renewal of the Zone; and containing other
matters related to the Zone.
There being no one present desiring to be heard in connection with
a public hearing for the designation of the Riverside area as a
Neighborhood Empowerment Zone and Fort Worth Neighborhood
Empowerment Reinvestment Zone No. 11, Mayor Pro tempore
McCloud made a motion, seconded by Council Member Stevenson,
that the public hearing be closed and that Mayor and Council
Communication No. G-14059 be adopted. The motion carried
unanimously.
G-14060 There was presented Mayor and Council Communication No. G-
Res. #2985 14060 from the City Manager recommending that the City Council
Revised adopt Resolution No. 2985 approving a revised schedule of
Schedule of standard fine amounts for parking offenses listed in the City Code.
Standard Fines Council Member Silcox made a motion, seconded by Council
for Parking Member Davis, that the recommendation be adopted.
Offenses
Council Member Moss expressed concerns relative to the 300-600
percent increase in fines for parking in tow away zones, parking
within 15 feet of a fire hydrant, and locking keys in a car.
Council Member Davis stated that students attending Texas
Christian University (TCU) routinely violated parking laws to
preclude them from having to pay the more costly fines on the
campus. She added that TCU also withheld transcripts of students
who did not pay multiple fines received on campus until such time
payment was received. She further stated that the increases would
encourage the students to park on the TCU campus and not
residential streets.
Council Member Haskin stated that half the cars stolen within the
City were because the keys were left inside the vehicle.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 6 of 19
The motion carried by the following vote:
AYES: Mayor Moncrief; Council Members Silcox,
Haskin, Picht, Stevenson, and Davis
NOES: Mayor Pro tempore McCloud and Council
Member Moss
ABSENT: Council Member Lane
L-13623 There was presented Mayor and Council Communication No. L-
Permanent 13623 from the City Manager recommending that the City Council
Drainage approve the acceptance of one permanent drainage easement
Easement described as A-78, J. Burleson Survey, Tarrant County, Texas, from
ClubCorp Golf of Texas for property located east of Lost Creek
Boulevard and north of Wind Creek Court needed for drainage
improvements in the Lost Creek Estates Addition, for a cost of
$1.00. It was the consensus of the City Council that the
recommendation be adopted.
L-13624 There was presented Mayor and Council Communication No. L-
Permanent 13624 from the City Manager recommending that the City Council
Drainage approve the acceptance of eight permanent drainage easements
Easements described as A-565, Milly Gilbert Survey, Tarrant County, Texas,
from Emerging Properties I, L.P. and Basswood/35 Partners, L.P.,
respectively, for property located east of IH35W and north of
Western Center Boulevard (DOE 4130) needed for the construction
and maintenance of drainage improvements to serve future
development, for a total cost of $8.00. It was the consensus of the
City Council that the recommendation be adopted.
L-13625 There was presented Mayor and Council Communication No. L-
Permanent 13625 from the City Manager recommending that the City Council
Drainage approve the acceptance of two permanent drainage easements
Easements described as A-265, J. Chireno Survey, Tarrant County, Texas, from
Harvest Ridge, LP for property located north of Keller-Haslet Road
and east of Caylor Road North (DOE 3993) needed as rights-of-way
for the purpose of construction and maintenance of a drainage
channel to serve the McPherson Ranch Addition, for a total cost of
$2.00. It was the consensus of the City Council that the
recommendation be adopted.
L-13626 There was presented Mayor and Council Communication No. L-
Pipeline License 13626 from the City Manager recommending that the City Council
Agreements authorize the City Manager to enter into two 25-year pipeline
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 7 of 19
license agreements with Burlington Northern and Santa Fe Railway
Company needed for construction of one 16-inch water pipeline
and one 36-inch water pipeline at Mile Post 336.25, between McCart
Avenue and Crowley Road in South Fort Worth (DOE 2968), for a
total cost of $7,000.00. It was the consensus of the City Council
that the recommendation be adopted.
L-13627 There was presented Mayor and Council Communication No. L-
Condemnation 13627 from the City Manager recommending that the City Council
of Permanent declare the necessity of taking an interest in two permanent water
Water Line line easements and two temporary construction easements
Easements & described as a portion of Tract 1 and Tract 2, Abstract No. 638 in
Temporary the John Hibbins Survey, City of Fort Worth, Texas, necessary for
Construction the construction, maintenance and operation of the Northside II
Easements water transmission main (DOE 4088) between the McCandless
Street and the Cantrell-Samson pump stations; and authorize the
City Attorney to institute condemnation proceedings to acquire the
interest in the land. It was the consensus of the City Council that
the recommendation be adopted.
L-13628 There was presented Mayor and Council Communication No. L-
Lease City- 13628 from the City Manager recommending that the City Council
Owned Property authorize the City Manager to execute a lease agreement for City-
owned property located at 525 Harmon Road with Thomas B.
Skinner (DOE 0668) for a monthly lease rate of $1,600.00; and
authorize this agreement to begin September 1, 2003, and expire
August 31, 2004, with options to renew the lease for two one-year
periods with the provision that the City may terminate this lease at
the conclusion of each term. It was the consensus of the City
Council that the recommendation be adopted.
L-13629 There was presented Mayor and Council Communication No. L-
Conveyance of 13629 from the City Manager recommending that the City Council
Tax Foreclosed authorize the conveyance of one tax foreclosed property located at
Property 502 Grand Avenue, Fort Worth, Texas to Wilborn Bill Carter Sr., aka
W. B. Carter (DOE 920), through a Quit Claim Deed; and authorize
the City Manager to execute an appropriate deed conveying the
property to Wilborn Bill Carter Sr., aka W. B. Carter, and record the
deed.
City Manager Jackson stated that the last sentence of paragraph 2
in the Discussion section of the M&C needed to be amended to
include "not" before "valid", making the end of the sentence read
"...the conveyance to the City is not valid."
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 8 of 19
Mayor Pro tempore McCloud made a motion, seconded by Council
Member Davis, that Mayor and Council Communication No. L-
13629 be adopted, as amended. The motion carried unanimously.
PZ-2496 There was presented Mayor and Council Communication No. PZ-
Heard with 2496 from the City Manager recommending that the City Council
ZC-03-151 institute and consider the adoption of an ordinance declaring
certain findings; providing for the extension of certain boundary
limits of the City of Fort Worth; providing for the annexation of
approximately 52 acres (.081 square miles) of land, more or less,
being a tract of land situated in the Louis C. King Survey, Abstract
No. 906, the James Matthews Survey, Abstract No. 1021 and the
Rufus King Survey, Abstract No. 905, Tarrant County, Texas; said
52.822 acres of land also being a portion of that certain first tract,
Tarrant County, Texas (Case No. AX-03-0004), 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 part 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 Dunaway Mr. Jim Dunaway, 777 Taylor Street, Suite 1040, requested that
Council consider this annexation case at the same time as Zoning
Docket No. ZC-03-151, the associated zoning case.
Mayor Moncrief stated that both cases would be heard during the
zoning hearing.
Public Hearing It appeared that the City Council, at its meeting of August 12, 2003,
continued the public hearing to adopt an ordinance designating
Tax Abatement Reinvestment Zone No. 44, City of Fort Worth,
Texas. Mayor Moncrief asked if there was anyone present desiring
to be heard.
Ms. Ardina Washington, representing the Economic and
Community Development Department, appeared before Council,
gave a staff report and called attention to Mayor and Council
Communication No. C-19709, as follows:
C-19709 There was presented Mayor and Council Communication No. C-
Ord. #15646 19709, dated August 12, 2003, from the City Manager
Designation of recommending that the City Council:
Tax Abatement
Reinvestment 1. Hold a public hearing concerning the designation of Tax
Zone #44 Abatement Reinvestment Zone No. 44, City of Fort Worth,
Texas; and
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 9 of 19
2. Adopt Ordinance No. 15646 designating a certain area in
the City of Fort Worth as "Tax Abatement Reinvestment
Zone No. 44, City of Fort Worth, Texas"; providing the
effective and expiration dates for the Zone and a
mechanism for renewal of the Zone; and containing other
matters related to the Zone.
There being no one present desiring to be heard in connection with
the public hearing to adopt an ordinance designating Tax
Abatement Reinvestment Zone No. 44, City of Fort Worth, Texas,
Council Member Davis made a motion, seconded by Council
Member Haskin, that the public hearing be closed and that Mayor
and Council Communication No. C-19709 be adopted. The motion
carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Haskin, Moss, Stevenson,
and Davis
NOES: Council Members Silcox and Picht
ABSENT: Council Member Lane
C-19710 There was presented Mayor and Council Communication No. C-
Coca-Cola 19710, dated August 12, 2003 from the City Manager
Enterprises recommending that the City Council authorize the City Manager to
execute Tax Abatement Agreements with Coca-Cola Enterprises
(CCE) for a three phase project; and find that the statements set
forth in the recitals of the Tax Abatement Agreements with CCE are
true and correct. Council Member Haskin made a motion,
seconded by Council Member Stevenson, that the recommendation
be adopted. The motion carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Haskin, Moss, Stevenson,
and Davis
NOES: Council Members Silcox and Picht
ABSENT: Council Member Lane
Mayor Moncrief expressed appreciation to Council Member Davis,
members of the Central City Revitalization and Economic
Development Committee, and Coca Cola representatives for their
hard work.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 10 of 19
Jerry Wade Mr. Jerry Wade, 3400 Fossil Creek Boulevard, Director of
Operations for the Coca Cola Company, appeared before Council
and expressed appreciation for the tax abatement. He commended
Tom Higgins and Ardina Washington from the Economic and
Community Development Department, and Assistant City Manager
Reid Rector for their help and professionalism on this project.
C-19714 There was presented Mayor and Council Communication No. C-
Benat, Inc. 19714 from the City Manager recommending that the City Council
authorize the City Manager to execute a contract with Benat, Inc. in
an amount not to exceed $62,500.00, with two one-year renewal
options. The contract will allow Benat, Inc. to conduct an audit of
the claims payment functions and performance of the City's self-
funded group health benefit plan. It was the consensus of the City
Council that the recommendation be adopted.
C-19715 There was presented Mayor and Council Communication No. C-
Res. #2986 19715 from the City Manager recommending that the City Council:
TxDOT 1. Adopt Resolution No. 2986 authorizing the execution of the
Maintenance Agreement with the Texas Department of
Transportation (TxDOT) for Lancaster Avenue from IH-35W
to Jones Street; and
2. Authorize the City Manager to execute the Maintenance
Agreement with TxDOT for the City to:
• Maintain Lancaster Avenue from IH-35W to Jones
Street; and
• Clear all utilities for the reconstruction of the roadway;
and
• Be responsible for any utility adjustment costs that
result from conflicts with the proposed construction;
and
• Be responsible for any contractor claims that may
result from delays or increased costs as a result of
utility conflicts during the proposed construction of
the roadway.
It was the consensus of the City Council that the recommendation
be adopted.
C-19716 There was presented Mayor and Council Communication No. C-
Tarrant County 19716 from the City Manager recommending that the City Council
authorize the City Manager to execute an Interlocal Agreement with
Tarrant County for the overlay of Oak Grove Road East from Forest
Hill-Everman Road to its intersection with Stone Road in Fort
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 11 of 19
Worth, Tarrant County, Precinct No. 1, at a total cost to the City not
to exceed $82,000.00. It was the consensus of the City Council that
the recommendation be adopted.
C-19717 There was presented Mayor and Council Communication No. C-
Cornerstone 19717 from the City Manager recommending that the City Council
Appraisal authorize the City Manager to execute a real estate appraisal
Company review contract with Cornerstone Appraisal Company for the Noise
Mitigation Program Phase IV-AA at Fort Worth Meacham
International Airport (DOE 3932) in an amount not to exceed
$3,000.00. It was the consensus of the City Council that the
recommendation be adopted.
C-19718 There was presented Mayor and Council Communication No. C-
John Burns 19718 from the City Manager recommending that the City Council
Construction authorize the City Manager to execute a contract with John Burns
Company of Construction Company of Texas, in the amount of $3,320,658.00
Texas and 325 calendar days, for construction of the Holly 54-inch Water
Main Extension, Phase I, Unit 2, Alternate "A", from Azle Avenue to
the Northside Pump Station. It was the consensus of the City
Council that the recommendation be adopted.
C-19719 There was presented Mayor and Council Communication No. C-
Ord. #15647 19719 from the City Manager recommending that the City Council:
Pate Engineers,
Inc. 1. Authorize the transfer of $133,876.74 from the Water and
Sewer Operating Fund to the Water Capital Project Fund in
the amount of $122,205.47, and the Sewer Capital Project
Fund in the amount of $11,671.27 from available funds; and
2. Adopt Appropriation Ordinance No. 15647 increasing
estimated receipts and appropriations in the Water Capital
Project Fund in the amount of $122,205.47 and the Sewer
Capital Project Fund in the amount of $11,671.27 from
available funds, for the purpose of funding an engineering
agreement with Pate Engineers, Inc. for Water and Sanitary
Sewer Replacement Contract 2003 STM-E; and
3. Authorize the City Manager to execute an engineering
agreement with Pate Engineers, Inc. in the amount of
$128,876.74 for Water and Sewer Replacement Contract 2003
STM-E.
It was the consensus of the City Council that the recommendation
be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 12 of 19
C-19720 There was presented Mayor and Council Communication No. C-
Ord. #15648 19720 from the City Manager recommending that the City Council
Amend CSC authorize the City Manager to execute an amendment to City
#28060 — Texas Secretary Contract No. 28060 with the Texas Commission on
Commission on Environmental Quality to operate and maintain PM 2.5 samplers for
Environmental the period September 1, 2003, through August 31, 2004; and adopt
Quality Appropriation Ordinance No. 15648 increasing estimated receipts
and appropriations in the Grants Fund in the amount of
$104,000.00, subject to receipt of an executed contract, for the
purpose of funding an amendment to City Secretary Contract No.
28060 with the Texas Commission on Environmental Quality to
operate and maintain particulate matter 2.5 samplers. It was the
consensus of the City Council that the recommendation be
adopted.
C-19721 There was presented Mayor and Council Communication No. C-
Ord. #15649 19721 from the City Manager recommending that the City Council:
Amendment #5 —
Dunaway & 1. Authorize the transfer of $59,185.00 from the Water and
Associates, Inc. Sewer Fund to the Water Capital Project Fund in the amount
of $32,385.00, and the Sewer Capital Project Fund in the
amount of $26,800.00; and
2. Adopt Appropriation Ordinance No. 15649 increasing
estimated receipts and appropriations in the Water Capital
Project Fund in the amount of $32,385.00 and the Sewer
Capital Project Fund in the amount of $26,800.00 from
available funds for the purpose of funding Amendment No. 5
to the engineering agreement with Dunaway and Associates,
Inc. for the design of water and sanitary sewer lines in the
vicinity of the Greenway Addition Model Block; and
3. Authorize the City Manager to execute Amendment No. 5
with Dunaway and Associates, Inc. for the design of water
and sanitary sewer lines in the vicinity of the Greenway
Addition Model Block, increasing the amount of the contract
by $59,185.00, from $335,482.80 to $394,667.80.
It was the consensus of the City Council that the recommendation
be adopted.
C-19722 There was presented Mayor and Council Communication No. C-
U.S. Geological 19722 from the City Manager recommending that the City Council
Survey authorize the City Manager to execute a joint funding agreement
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 13 of 19
for water resources investigations with the U.S. Geological Survey;
and authorize the payment of the City's share of the cost in the
amount of $25,010.00, for the 2003-2004 U.S. Geological Survey
monitoring and monitors. It was the consensus of the City Council
that the recommendation be adopted.
C-19723 There was presented Mayor and Council Communication No. C-
Moritz Interests, 19723 from the City Manager recommending that the City Council
Ltd. authorize the City Manager to execute a Community Facilities
Agreement with Moritz Interests, Ltd. for the installation of
community facilities for Brookwood Park, Phase I. Council
Member Silcox made a motion, seconded by Council Member
Stevenson, that the recommendation be adopted. The motion
carried unanimously.
C-19724 There was presented Mayor and Council Communication No. C-
Ord. #15650 19724 from the City Manager recommending that the City Council:
Texas
Commission on 1. Authorize the City Manager to execute an agreement with
Environmental the Texas Commission on Environmental Quality in the
Quality amount of $274,550.00 per year for air pollution control
services. The agreement term is for the two-year period
from September 1, 2003, through August 31, 2005; and
2. Authorize a non-interest bearing inter-fund loan from the
Environmental Management Operating Fund to the Grants
Fund in the amount of $68,638.00 for interim financing for
this grant pending contract execution; and
3. Authorize the use of $135,226.00 per year from the General
Fund as an in-kind match for this contract; and
4. Adopt Appropriation Ordinance No. 15650 increasing
estimated receipts and appropriations in the Grants Fund in
the amount of $819,552.00, subject to receipt of an executed
contract, for the purpose of funding an agreement with the
Texas Commission on Environmental Quality for air
pollution control services; and
5. Apply indirect costs at the most recently approved rate of
20.59 percent for the Environmental Management
Department not to exceed $56,530.00 per year, which is
included in the annual grant amount of $274,550.00.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 14 of 19
Council Member Davis made a motion, seconded by Council
Member Haskin, that the recommendation be adopted. The motion
carried unanimously.
C-19725 There was presented Mayor and Council Communication No. C-
Centex Homes, a 19725 from the City Manager recommending that the City Council
Nevada General authorize the City Manager to execute a Community Facilities
Partnership Agreement with Centex Homes, a Nevada General Partnership, for
the installation of water and sewer services to serve The Quarry.
Council Member Silcox made a motion, seconded by Council
Member Davis, that the recommendation be adopted. The motion
carried unanimously.
Public Hearing It appeared that the City Council set today as the date for the
Voluntary second public hearing for the proposed voluntary annexation of
Annexation of approximately 157 acres of land located north of North Oak
157 Acres Subdivision, south of Keller-Haslet Road, east of Caylor Road, and
Located North of west of the Keller city limits (Annexation Case No. AX-03-0006).
North Oak Mayor Moncrief asked if there was anyone present desiring to be
Subdivision, heard.
South of Keller-
Haslet Road, Ms. Cathy Davidson, representing the Development Department,
East of Caylor appeared before Council, gave a staff report and advised Council
Road, & West of that staff should be directed to prepare an annexation ordinance to
Keller City be adopted at the September 9, 2003 Council meeting.
Limits There being no one present desiring to be heard in connection with
AX-03-0006 the second public hearing for the proposed voluntary annexation
of approximately 157 acres of land located north of North Oak
Subdivision, south of Keller-Haslet Road, east of Caylor Road, and
west of the Keller city limits (Annexation Case No. AX-03-0006),
Council Member Stevenson made a motion, seconded by Council
Member Silcox, that the second public hearing be closed and that
staff prepare an annexation ordinance to be presented at the
September 9, 2003 Council meeting. The motion carried
unanimously.
Budget Hearing It appeared that the City Council set today as the date for the
hearing in connection with the proposed Fiscal Year 2003-2004
Appropriation Ordinance and Ad Valorem Tax Levy Ordinances.
Bob Lansford, Mr. Bob Lansford and Mr. Charlie Walter, 1501 Montgomery St.,
Charlie Walter representing the Fort Worth Museum of Science and History,
appeared before Council and requested a budget increase of
$50,252.00 to offset declining ticket sales at the Omni Theater and
depleted reserves in the operating fund.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 15 of 19
Mayor Moncrief asked City Manager Jackson to provide a report to
Council during a Budget Workshop relative to the issues presented
by Messers Lansford and Walter.
Mayor Moncrief stated that the hearing would remain open until the
budget was adopted.
ZC-03-086 It appeared that the City Council, at its meeting of August 12, 2003,
Continued for continued the hearing of the application of the City of Fort Worth
One Week for a change in zoning of property located in the 9200-9500 blocks
of Boat Club Road from "AG" Agricultural to "PD/SU" Planned
Development/Specific Use for boat, RV, truck and trailer storage,
bed and breakfast and residence, repair and storage of inoperable
vehicles prohibited, landscape buffer on southern and western
property lines, with waiver of site plan recommended, Zoning
Docket No. ZC-03-086. (See Letter of Appeal). Mayor Moncrief
asked if there was anyone present desiring to be heard.
Edna Neumann Ms. Edna Neumann, 8400 Lake Harbor Court, appeared before
Council in support of the zoning change.
Cyndi Seger Ms. Cyndi Seger, 9250 Boat Club Road, appeared before Council in
support of the zoning change and stated that she would like to see
a site plan submitted.
J. B. Hicks Mr. J. B. Hicks, 2401 Ellis Avenue, appeared before Council in
opposition of the zoning change. He stated that construction had
started on this property prior to annexation, that the facility was
200 feet off Boat Club Road, and surrounded by "AG" Agricultural.
There being no one else present desiring to be heard in connection
with the application of the City of Fort Worth, Council Member
Stevenson made a motion, seconded by Council Member Davis,
that the Zoning Hearing be closed and that Zoning Docket No. ZC-
03-086 be continued for one week. The motion carried
unanimously.
Council Member Davis requested that Council take action
simultaneously on Zoning Docket ZC-03-151 and Mayor and
Council Communication PZ-2496.
ZC-03-151 It appeared that the City Council, at its meeting of July 8, 2003,
Approved continued the hearing of the application of Hudgins Companies for
a change in zoning of property located at north of Lost Creek
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 16 of 19
Ranch North from Unzoned to "A-5" One-Family, Zoning Docket
No. ZC-03-151. 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 Hudgins Companies, Council Member Davis
made a motion, seconded by Mayor Pro tempore McCloud, that the
Zoning Hearing be closed and that Zoning Docket No. ZC-03-151 be
approved. The motion carried unanimously.
PZ-2496 There was presented Mayor and Council Communication No. PZ-
Ord. #15651 2496 from the City Manager recommending that the City Council
Annexation for institute and consider the adoption of Ordinance No. 15651
Full Purposes of declaring certain findings; providing for the extension of certain
52 Acres boundary limits of the City of Fort Worth; providing for the
Located North of annexation of approximately 52 acres (.081 square miles) of land,
Keller-Haslet- more or less, being a tract of land situated in the Louis C. King
Roanoke Road, Survey, Abstract No. 906, the James Matthews Survey, Abstract
South of Tarrant No. 1021 and the Rufus King Survey, Abstract No. 905, Tarrant
County-Denton County, Texas; said 52.822 acres of land also being a portion of
County Line, that certain first tract, Tarrant County, Texas (Case No. AX-03-
East of Old 0004), which said territory lies adjacent to and adjoins the present
Denton Road, corporate boundary limits of Fort Worth, Texas; providing that the
and West of territory annexed shall bear its pro rata part of taxes; providing that
Ridge Top Road the inhabitants thereof shall have all the privileges of all the
(Lost Creek citizens of Fort Worth, Texas; providing that this ordinance shall
Ranch North) amend every prior ordinance in conflict herewith. Council Member
AX-03-0004 Davis made a motion, seconded by Council Member Mayor Pro
tempore McCloud, that the recommendation be adopted. The
motion carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Silcox, Moss, Picht,
Stevenson, and Davis
NOES: Council Member Haskin
ABSENT: Council Member Lane
ZC-03-159 It appeared that the City Council, at its meeting of August 12, 2003,
Approved continued the hearing of the application of Lumberman's
Investment Corp. for a change in zoning of property located south
of McPherson Boulevard and west of West Cleburne Road from
"R1" Zero Lot Line/Cluster, "R2" Townhouse/Cluster, "E"
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 17 of 19
Neighborhood Commercial, "FR" General Commercial Restricted
and "C" Medium Density Multi-Family to "A-5" One-Family and "G"
Intensive Commercial, Zoning Docket No. ZC-03-159. 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 Lumberman's Investment Corp., Council Member
Picht made a motion, seconded by Council Member Davis, that the
Zoning Hearing be closed and that Zoning Docket No. ZC-03-159 be
approved with the following revision:
Revise the request for "G" Intensive Commercial to "PD/SU"
Planned Development/Specific Use for all uses in "F" Commercial
except:
1. Auto repair with 200 feet of the intersection of S. Hulen
and McPherson Road.
2. Bar, tavern, cocktail lounge, club, private or teen.
3. Tattoo parlor.
4. Sexually oriented business.
With waiver of site plan. The motion carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Silcox, Moss, Picht,
Stevenson, and Davis
NOES: Council Member Haskin
ABSENT: Council Member Lane
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 July 30, 2003. Mayor Moncrief asked if there was
anyone present desiring to be heard.
ZC-03-160 Council Member Picht made a motion, seconded by Council
Approved Member Davis, that the application of Don Valk for a change in
zoning of property located at 6812 West Cleburne Road from "E"
Neighborhood Commercial to "FR" General Commercial
Restricted, Zoning Docket No. ZC-03-160, be amended by changing
the zoning to "PD/SU" Planned Development/Specific Use to
accommodate auto part store and waiver of site plan. The motion
carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 18 of 19
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 Picht made a motion,
seconded by Council Member Davis, that the hearing be closed
and that the following ordinance be adopted:
ORDINANCE NO. 15652
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.
Executive It was the consensus of the City Council that they recess into
Session Executive Session at 11:39 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) One Trinity Garden, Inc. and Two Trinity Garden, Inc.
vs. the City of Fort Worth and the Building Standards
Commission, Cause No. 342-181330-99;
b) City of Fort Worth vs. Susan Bonner Mead, Amy Cole,
Griffin and Don Cole, Trustees of the Following Trust:
Mary Jane Marshall Trust, Martin Thomas Cole Trust,
William Ralph Cole Trust, Jack Lewis Cole Trust,
Cause No. ED-2003-00416;
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 19, 2003
PAGE 19 of 19
c) Legal issues concerning potential litigation to be
instituted by the City for code enforcement;
d) Legal issues concerning solid waste and recycling
collection contracts;
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 1:10 p.m.
Adjournment There being no further business, the meeting was adjourned at
1:10 P.M.
CITY S TARY MAYOR