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HomeMy WebLinkAbout2003/10/28-Minutes-City Council CITY COUNCIL MEETING OCTOBER 28, 2003 Date & Time On the 28th day of October, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:10 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, and John Stevenson; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Lane was temporarily absent and Council Member Davis was absent. With more than a quorum present, the following business was transacted. Invocation The invocation was given by Pastor Clyde Glazener, Gambrell Street Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Council Member Picht, the minutes of the regular meeting of October 21, 2003 were approved unanimously. Special Mayor Pro tempore McCloud presented a Proclamation for Public Presentations Administration Day. Council Members Moss and Haskin presented pins to the students from O.D. Wyatt, Eastern Hills, and Polytechnic High Schools, who were participants in a shadowing program sponsored by the North Texas Chapter of the National Forum of Black Public Administrators. Council Member Haskin invited the students to attend Youth Town Hall November 15, 2003, at the Fire and Police Training Center, 1000 Calvert. Council Member Lane assumed his chair. Council Member Haskin presented a Proclamation for Women's National Finals Rodeo Days. The event would be held at Cowtown Coliseum Friday, October 31, 2003 and Saturday, November 1, 2003 at 8:00 p.m. and Sunday, November 2, 2003 at 2:00 p.m. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. L-13687 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 2 of 16 Consent Agenda On motion of Council Member Silcox, seconded by Council Member Haskin, the consent agenda was adopted unanimously. Ord. #15723 There was presented Ordinance No. 15723 providing for the Issue General issuance of the General Purpose Refunding Bonds, Series 2003A, Purpose of the City of Fort Worth, Texas, in an aggregate principal amount Refunding not to exceed $55,000,000.00; establishing parameters regarding Bonds, Series the sale of he bonds; approving the execution of a Bond Purchase 2003A Agreement and an Escrow Agreement and all other instruments related thereto; repealing all ordinances in conflicts herewith; and providing that this ordinance shall be in force and effect from and after the date of its passage. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the ordinance be adopted. The motion carried unanimously. Ord. #15724 There was presented Eleventh Supplemental Ordinance No. 15724 Issuance & Sale authorizing the issuance and sale of City of Fort Worth, Texas of Water & Sewer Water and Sewer System Revenue Refunding Bonds, Series System Revenue 2003A; establishing parameters regarding the sale of the bonds; Refunding approving the execution of a Bond Purchase Contract and an Bonds, Series Escrow Agreement and other instruments related thereto; 2003A repealing all ordinances in conflict herewith; and providing that this ordinance shall be in force and effect from and after the date of its passage. Council Member Haskin made a motion, seconded by Council Member Silcox, that the ordinance be adopted. The motion carried unanimously. OCS-1380 There was presented Mayor and Council Communication No. OCS- Claims 1380 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-14134 There was presented Mayor and Council Communication No. G- Rezone 14134 from the City Manager recommending that the City Council Properties in authorize the City Manager to initiate rezoning of certain properties Berry/University located in the Berry/University Village in accordance with the 2003 Village Comprehensive Plan. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 3 of 16 G-14135 There was presented Mayor and Council Communication No. G- Reappoint 14135 from the City Manager recommending that the City Council Members to reappoint the following individuals to the City's Construction and Construction and Fire Prevention Board of Appeals, effective October 28, 2003 and Fire Prevention with terms expiring October 1, 2005: Board of Appeals Place 3 — Fire Protection Engineer Mr. Bradley Crow Place 7 — Hazardous Materials Mr. J. Mike Bright Place 9 — Master Plumber Mr. Gordon Pritchard Place 13 —Alternate Master Plumber Mr. Grady Kane Council Member Haskin made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14136 There was presented Mayor and Council Communication No. G- Ord. #15725 14136 from the City Manager recommending that the City Council Donation from authorize the City Manager to accept a donation in the amount of Lockheed Martin $5,000.00 from Lockheed Martin Aeronautics Company for the Aeronautics Environmental Management Department's education program; and Company for adopt Appropriation Ordinance No. 15725 increasing the estimated Environmental receipts and appropriations in the Environmental Management Management fund in the amount of $5,000.00 from available funds, for the Department's purpose of funding the Environmental Management Department's Education education program. Council Member Haskin made a motion, Program seconded by Council Member Picht, that the recommendation be adopted with appreciation. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing concerning the City of Fort Worth's participation in the Texas Enterprise Zone Program and nominating Bank One- Centerport, Pier 1, and RadioShack as Enterprise Projects. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 4 of 16 Ms. Ossana Hermosillo, representing the Economic and Community Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14137 as follows: G-14137 There was presented Mayor and Council Communication No. G- Continued One 14137 recommending the City Council: Week 1. Hold a public hearing concerning the designation of allowable enterprise zone incentives; and 2. Adopt an ordinance concerning the City of Fort Worth's participation in the Texas Enterprise Zone Program and Nominating Bank One-Centerport, Pier 1, and RadioShack as Enterprise Projects. 3. Find that the ordinance identifies all local incentives available in qualifying enterprise zone areas; and 4. Direct and designate the City's Business Development Coordinator to continue to act as liaison for communication with the Office of the Governor Economic Development and Tourism (ETD) to oversee Enterprise Zone activities and communication with qualified businesses; and 5. Authorize the City Manager to submit the appropriate applications to ETD for designation of Bank One's Checkprocessing Facility at Centerpoint Business Park and Pier 1's new corporate headquarters as enterprise projects, and RadioShack's new corporate campus as a double enterprise project. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the recommendation be continued for one week. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Member Lane, Silcox, Haskin, Moss, and Stevenson NOES: Council Member Picht ABSENT: Council Member Davis CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 5 of 16 P-9872 There was presented Mayor and Council Communication No. P- Emulsified 9872 from the City Manager recommending that the City Council Liquid Asphalt authorize a purchase agreement for emulsified liquid asphalt with Koch Asphalt Company for the Transportation and Public Works Department based on the only bid received with payments due 30 days after receipt of the invoice; and authorize this agreement to begin November 26, 2003, and expire November 25, 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-9873 There was presented Mayor and Council Communication No. P- Janitorial 9873 from the City Manager recommending that the City Council: Services and Supplies 1. Authorize a purchase agreement for janitorial service and supplies for EnVision Services, LLC for buildings occupied and funded by the Transportation and Public Works Department, Facilities Management Division, Police Department, Code Compliance Department, Cable Office, Construction Engineering, Electronics, Fire Department, and the Environmental Management Department based on the overall responsive low bid of unit prices listed below: a. Janitorial service and supplies shall be provided for $9.85 per hour; and b. Stripping and waxing of floors without moving furniture shall be provided for $.09 per square foot; and c. Stripping and waxing of floors with the moving of furniture shall be provided for $.10 per square foot; and d. Payment terms net 30 days; and 2. Authorize this agreement to begin October 28, 2003, and expire October 27, 2004, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9874 There was presented Mayor and Council Communication No. P- Police 9874 from the City Manager recommending that the City Council Department authorize a purchase agreement for a Model 20613-3 Helicopter for Helicopter the Police Department from Bell Helicopter; and authorize the City CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 6 of 16 Manager to execute a contract with All American Investment Group, LLC for lease-purchase financing up to $1.1 million to fund this purchase and necessary customization, subject to negotiating a mutually acceptable lease-purchase agreement. It was the consensus of the City Council that the recommendation be adopted. L-13681 There was presented Mayor and Council Communication No. L- Warranty Deed 13681 from the City Manager recommending that the City Council from Gary & approve the acceptance, filing and recording of a Warranty Deed Deborra Baker from Gary and Deborra Baker for property described as A-546, T. Freeman Survey, Tarrant County, Texas located north of Robertson Road, West of Boat Club Road (DOE 3864) necessary for the sanitary sewer lift station required to provide sanitary sewer service to the Ranch at Eagle Mountain development in the amount of $10.00. It was the consensus of the City Council that the recommendation be adopted. L-13682 There was presented Mayor and Council Communication No. L- Retaining Wall 13682 from the City Manager recommending that the City Council Maintenance approve the acceptance of a Retaining Wall Maintenance Agreement Agreement from RB-3 Associates for property described as Lot 1, Block A, Benderson Addition, Tarrant County, Texas, from RB-3 Associates needed for the purpose of constructing and maintaining a retaining wall within a floodplain area across the property located at the southwest corner of North Beach Street and North Tarrant County Parkway to Serve the Benderson Addition (DOE 4075) for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13683 There was presented Mayor and Council Communication No. L- Acquisition of 13683 from the City Manager recommending that the City Council Right-of-Way authorize the City Manager to approve the acquisition of right-of- way described as A-999 William McCowan Survey, Tarrant County, Texas from Guy Robert Buschman for the highway interchange at North Tarrant Parkway at IH-35W (DOE 4014) located along the west side of IH-35W near the existing right-of-way of North Tarrant Parkway (Project No. 0081-12-036) necessary to complete the highway improvements for a total cost of $79,137.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 7 of 16 L-13684 There was presented Mayor and Council Communication No. L- Sale of Tax 13684 from the City Manager recommending that the City Council Foreclosed approve the sale of one tax foreclosed property described as Lot Property 7R and abutting alley, middle section of Lot 2, (1528 East Vickery Boulevard) Glenwood Addition, in accordance with Section 34.05 of the Texas Tax Code (DOE 920) to the sole adjoining property owners Anthony and Barbara Vernon for the total amount of $2,174.21; and authorize the City Manager to execute the appropriate deed document conveying the property to complete the sale. It was the consensus of the City Council that the recommendation be adopted. L-13685 There was presented Mayor and Council Communication No. L- Permanent Water 13685 from the City Manager recommending that the City Council Main and approve the acquisition of a permanent water main easement and Temporary a temporary construction easement described as part of the A. F. Construction Albright Survey, Abstract No. 1849, from Keystone Equity Easement Partners, LLC for property located east of Old Decatur Road between northwest Loop 820 and Longhorn Road (DOE 4087) necessary for the construction, maintenance and operation of the Northside II water transmission main between McCandless Street and the Cantrell-Samson pump stations for $2,000.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13686 There was presented Mayor and Council Communication No. L- Permanent Water 13686 from the City Manager recommending that the City Council Line Easements approve the acceptance of two permanent water line easements described as Parcels G and H, Lot 1, Block 1, Northwest I.S.D. Addition, from Northwest Independent School District for property located south of State Highway 114 and west of FM156 (DOE 3900) necessary for the construction and maintenance of a water line to serve the Northwest I.S.D. Addition in southwest Denton County for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13687 There was presented Mayor and Council Communication No. L- Sale of Surplus 13687 from the City Manager recommending that the City Council Tax Foreclosed approve the sale of 46 surplus tax foreclosed properties in Properties accordance with Section 272.001 of the Texas Local Government Code for a total amount of $376,534.28; and authorize the City Manager to execute the appropriate deeds conveying the properties to the highest bidders complying with bid specifications. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 8 of 16 Mayor Pro tempore McCloud made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. L- 13687 be amended by withdrawing the properties reflected as "0 Belknap Street (E) L-14", "0 Belknap Street (E) L-15", "0 Handley Ederville Road", and changing the zoning from R to ER for property located at 3045 NE 28th Street. The motion carried unanimously. PZ-2510 There was presented Mayor and Council Communication No. PZ- Ord. #15726 2510 from the City Manager recommending that the City Council Annexation of institute and adopt Ordinance No. 15726 declaring certain findings; Approximately providing for the extension of certain boundary limits of the City of 109 Acres of Fort Worth; providing for the annexation of approximately 109.07 Land, Located acres (.1704 square miles) of land, more or less, being a tract of North of land situated in the Walter Houston Survey, Abstract No. 746, Westport Pkwy., Tarrant County, Texas, said tract being a part of a tract of land South of Tarrant described in deed to W. G. Powell and wife Alma Powell, County/Denton (Annexation No. AX-03-0005, Powell Property), which said territory County Line, lies adjacent to and adjoins the present corporate boundary limits East of Old of Fort Worth, Texas; providing that the territory annexed shall Denton Road, & bear its pro rata part of taxes; providing that the inhabitants West of Beach thereof shall have all the privileges of all the citizens of Fort Worth, Street North Texas. Council Member Lane made a motion, seconded by (Powell Property) Council Member Moss, that the recommendation be adopted. The AX-03-0005 motion carried unanimously. C-19824 There was presented Mayor and Council Communication No. C- United Cerebral 19824 from the City Manager recommending that the City Council Palsy of Tarrant approve the reallocation of $125,000.00 in HOME Investment County Partnership Program funds to United Cerebral Palsy of Tarrant County (UCP-TC) for homebuyers assistance, housing counseling, architecture barrier removal, and program operating support; authorize the City Manager to execute contracts with UCP-TC, not to exceed $125,000.00; authorize contract performance period for the contract to begin on the date of contract execution and end twelve months thereafter; authorize the City Manager to extend the contract, if UCP-TC requests an extension for up to one year; and authorize the City Manager to amend contracts, if necessary, to achieve project goals provided that the amendment is within scope of the project and in compliance with applicable laws and regulations. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 9 of 16 C-19825 There was presented Mayor and Council Communication No. C- Laughley Bridge 19825 from the City Manager recommending that the City Council & Construction, authorize the City Manager to execute an annual contract with Inc. Laughley Bridge & Construction, Inc. in the amount of $287,798.00 for the construction of sidewalks at various locations for fiscal year 2003-2004. It was the consensus of the City Council that the recommendation be adopted. C-19826 There was presented Mayor and Council Communication No. C- Ord. #15727 19826 from the City Manager recommending that the City Council: Wendy Lopez & Associates, Inc., 1. Authorize the transfer of $91,000.00 from the Water and d/b/a Sewer Fund to the Water Capital Project Fund in the amount LopezGarcia of $45,048.00 and the Sewer Capital Project Fund in the Group amount of $45,952.00 from available funds; and 2. Adopt Appropriation Ordinance No. 15727 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $45,048.00 and the Sewer Capital Project Fund in the amount of $45,952.00 from available funds for the purpose of funding an engineering agreement with LopezGarcia Group for water and sanitary sewer replacements on Lancaster Avenue from Lamar Street to Main Street; and 3. Authorize the City Manager to execute an agreement with Wendy Lopez & Associates, Inc. d/b/a LopezGarcia Group, in the amount of $88,000.00 for water and sanitary sewer replacements on Lancaster Avenue from Lamar Street to Main Street. It was the consensus of the City Council that the recommendation be adopted. C-19827 There was presented Mayor and Council Communication No. C- Ord. #15728 19827 from the City Manager recommending that the City Council: AUI Contractors, L.P. 1. Authorize the transfer of $1,058,401.50 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $300,066.00 and Sewer Capital Project Fund in the amount of $758,335.50; and CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 10 of 16 2. Adopt Appropriation Ordinance No. 15728 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $300,066.00 and the Sewer Capital Project Fund in the amount of $758,335.50 from available funds for the purpose of funding a contract with AUI Contractors, L. P. for M-1-1-1 Drainage Basin Sanitary Sewer and Water System Rehabilitation and Improvements, Phase 1; and 3. Authorize the City Manager to execute a contract with AUI Contractors, L. P. in the amount of $955,401.50 for M-1-1-1 Drainage Basin Sanitary Sewer and Water System Rehabilitation and Improvements, Phase 1. It was the consensus of the City Council that the recommendation be adopted. C-19828 There was presented Mayor and Council Communication No. C- Ord. #15729 19828 from the City Manager recommending that the City Council: Oscar Renda Contracting, Inc. 1. Authorize the transfer of $3,122,182.00 from the Water and Sewer Fund to the Commercial Paper-Water Fund in the amount of $1,765,861.00, and the Commercial Paper-Sewer Fund in the amount of $1,356,321.00; and 2. Adopt Appropriation Ordinance No. 15729 increasing the estimated receipts and appropriations in the Commercial Paper-Water Fund in the amount of $1,765,861.00 and in the Commercial Paper-Sewer Fund in the amount of $1,356,321.00 from available funds for the purpose of funding a contract with Oscar Renda Contracting, Inc. for water main and sanitary sewer main relocations on Rosedale Street (9t" Avenue to Alston Avenue), Contract 2, Unit 11; and 3. Authorize the City Manager to execute a contract with Oscar Renda Contracting, Inc. in the amount of $2,837,682.00 for water main and sanitary sewer main relocations on Rosedale Street (9t" Avenue to Alston Avenue), Contract 2, Unit 11. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 11 of 16 C-19829 There was presented Mayor and Council Communication No. C- Ord. #15730 19829 from the City Manager recommending that the City Council: Change Order#2 to CSC #28479, 1. Authorize the transfer of $355,770.00 from the Water and Oscar Renda Sewer Operating Fund to the Commercial Paper-Water Fund; Contracting, Inc. and 2. Adopt Appropriation Ordinance No. 15730 increasing the estimated receipts and appropriations in the Commercial Paper-Water Fund in the amount of $355,770.00 from available funds for the purpose of funding Change Order No. 2 to City Secretary Contract No. 28479 with Oscar Renda Contracting, Inc. for Water and Sanitary Sewer relocations and storm drain improvements on Rosedale Street (Forest Park Boulevard to 9t" Avenue), Contract 2, Unit 1; and 3. Authorize the City Manager to execute Change Order No. 2 to City Secretary Contract No. 28479 with Oscar Renda Contracting, Inc. in the amount of $355,770.00 to provide for additional and increased pay item quantities, thereby increasing the contract amount to $2,476,385.00. It was the consensus of the City Council that the recommendation be adopted. C-19830 There was presented Mayor and Council Communication No. C- Conatser 19830 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Conatser Inc. Construction, Inc. in the amount of $1,934,471.50 for Risinger Road — Southside II Water Transmission Main from Crowley Road to the proposed site of the McCart Avenue Pump Station and Ground Storage Tank. It was the consensus of the City Council that the recommendation be adopted. C-19831 There was presented Mayor and Council Communication No. C- Change Order#2 19831 from the City Manager recommending that the City Council to CSC #28334, authorize the City Manager to execute Change Order No. 2 to City BRB Secretary Contract No. 28334 with BRB Contractors, Inc., in the Contractors, Inc. amount of $225,230.41 to provide for increased and additional pay item quantities, thereby increasing the contract amount to $1,974,656.80. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 12 of 16 C-19832 There was presented Mayor and Council Communication No. C- Amend CSC 19832 from the City Manager recommending that the City Council #28047 and authorize the City Manager to execute addendums to City #28048, U. S. Secretary Contract Nos. 28047 and 28048, the interlocal Department of agreements with the Drug Enforcement Agency (DEA)/Multi- Justice, Drug Agency and DEA Dallas/Fort Worth Airport Task Forces for Enforcement FY2003-2004; and authorize the agreement to begin October 1, Administration 2003, and expire September 30, 2004. It was the consensus of the City Council that the recommendation be adopted. C-19833 There was presented Mayor and Council Communication No. C- United States 19833 from the City Manager recommending that the City Council Secret Service authorize the City Manager to execute a memorandum of understanding with the United States Secret Service's Southwest Financial Crimes Task Force to assist in official investigations and to receive reimbursement for expenses. This agreement shall continue until terminated by mutual agreement or upon 30 days written notice by either party to this agreement. It was the consensus of the City Council that the recommendation be adopted. C-19834 There was presented Mayor and Council Communication No. C- Change Order#1 19834 from the City Manager recommending that the City Council to CSC #28544, authorize the City Manager to execute Change Order No. 1 to City Archer-Western Secretary Contract No. 28544, a construction contract with Archer- Contractors, Ltd. Western Contractors, Ltd. for construction of North Side Pump Station and Ground Storage Reservoir in the amount of $528,784.97 thereby increasing the contract amount to $5,724,785.97. It was the consensus of the City Council that the recommendation be adopted. C-19835 There was presented Mayor and Council Communication No. C- Amendment #3 19835 from the City Manager recommending that the City Council to CSC #24223, authorize the City Manager to execute Amendment No. 3 to an Multatech engineering agreement with Multatech Engineering, Inc., City Engineering, Inc. Secretary Contract No. 24223, for the design of a digester gas fired turbine generator at the Village Creek Wastewater Treatment Plant, increasing the contract cost by $388,053.00, for a total contract amount not to exceed $1,521,560.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 13 of 16 C-19836 There was presented Mayor and Council Communication No. C- Ord. #15731 19836 from the City Manager recommending that the City Council: Amend CSC #28217, Toter, 1. Adopt Supplemental Appropriation Ordinance No. 15731 Inc. increasing the estimated receipts and appropriations in the Solid Waste Fund by $575,000.00 from available funds, for the purpose of funding a contract amendment to City Secretary Contract No. 28217 with Toter, Inc. for the sale, delivery, and financing of yard carts; and 2. Authorize the City Manager to negotiate and execute a contract amendment to City Secretary Contract No. 28217 with Toter, Inc. for the sale, delivery and financing of yard carts to begin October 1, 2003 through September 30, 2013. It was the consensus of the City Council that the recommendation be adopted. ZC-03-027 It appeared that the City Council, at its meeting of October 24, Approved as 2003, set today as the date for a Special Hearing of the application Amended of Mary Pena and Hilario Gomez for a change in zoning of property located at 920 Winnie Street from "B" Two-Family to "I" Light Industrial, Zoning Docket No. ZC-03-027. (See Letter of Appeal.) Mayor Moncrief asked if there was anyone present desiring to be heard. Mary Pena Ms. Mary Pena, 917 Winnie Street, applicant, appeared before Council in support of the zoning change to a PD/SU zoning so that they could keep their horses on the property. Douglas Perkins Mr. Douglas Perkins, 5324 Windowmere, appeared before Council in support of the zoning change. He expressed concern with stray dogs in the area during the evening hours. Robert Mr. Robert Hollingsworth, 2312 Oakland Boulevard, and Mr. Hollingsworth, Kenneth Bartz, 5416 Hampshire Boulevard South, appeared before Kenneth Bartz Council in opposition of the zoning change. They expressed concerns with the odor and drainage problem from this property. There being no one else present desiring to be heard in connection with the application of Mary Pena and Hilario Gomez, Council Member Moss made a motion, seconded by Council Member Lane, that Zoning Docket No. ZC-03-207 be approved by CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 14 of 16 amending the zoning to "PD/SU" Planned Development/Specific Use for all uses in "B" Two-Family, with the following conditions: 1) structure on site must comply with the City Building Codes 2) horses must be maintained in accordance with the Health Code 3) horses must be kept 100' from structures intended for human habitation 4) no commercial business, only horses owned by the Pena's can be housed on the property 5) no other animals could be on property, and 6) waiver of site plan recommended. Council Member Moss amended his motion from "B" Two-Family to "A-2.5A" Residential zoning for the property, with the other conditions previously mentioned. 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 Moss made a motion, seconded by Council Member Lane, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15732 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 OCTOBER 28, 2003 PAGE 15 of 16 Citizen Ms. Ann Walker, 2601 Rand, appeared before Council relative to Presentations the vacant Western Auto Parts store on Rand and Lancaster. She Ann Walker expressed concern with broken glass and alleged drug activity at this location. Mayor Moncrief stated that this matter would be referred to the Code Compliance Department for resolution. Jim Gardiner Mr. Jim Gardiner, P. O. Box 15366, appeared before Council relative to the restoration of property behind Benbrook Dam for use as a Soapbox Derby track. He requested Council's assistance to investigate the cost of restoring the track. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:10 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) Joseph P. Werthmann, et al. v. City of Fort Worth, No. 02-03-00122-CV (2nd Court of Appeals-Fort Worth); b) Harold Rich v. City of Fort Worth, et al, Cause No. 236- 183638-00; c) City of Fort Worth v. William J. Tucker and wife, Linda Marlene Lee Tucker, Cause No. 2001-002795-3; d) Legal issues concerning tax increment financing districts; e) Legal issues concerning City Secretary Contract No. 27454 with Conatser Construction for water and sewer replacement; f) Legal issues concerning the discharge of firearms in the city limits; g) Legal issues concerning the regulation of sexually oriented businesses; h) Legal issues concerning any item listed on today's City Council meeting agendas; and CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 28, 2003 PAGE 16 of 16 2. Discuss 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 12:10 p.m. Adjournment There being no further business, the meeting was adjourned at 12:10 p.m.