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HomeMy WebLinkAbout2002/02/19-Minutes-City Council CITY COUNCIL MEETING FEBRUARY 19, 2002 Date & Time On the 19th day of February, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 10:35 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Jim Lane was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Craig Roshaven, First Jefferson Unitarian Universalist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Haskin, the minutes of the regular meeting of February 12, 2002, were approved unanimously. Special Council Member Davis presented a Proclamation for the "Heart of Presentations the Cowtown Marathon" Day. Ms. Anne Moroneso, Chair of the Fort Worth Sister Cities Trier Committee, introduced guests from Trier, Germany, here for the Cowtown Marathon. Herr Johann Aubart expressed greetings to the City from the Mayor of Trier and presented Council with a bottle of wine from Germany. Council Member Picht accepted the wine on behalf of the Council and presented each guest with a City pin. Mayor Barr expressed the City's appreciation to these guests for the hospitality they afforded several citizens and Council Members who were visiting Trier during the September 11, 2001 tragedy. He asked the delegation to please extend greetings to their Mayor upon returning to Trier. Mayor Pro tempore McCloud presented a proclamation for Brotherhood/Sisterhood Week. Fernando Costa, Planning Department Director, accepted the proclamation on behalf of Tim Carter and the National Conference for Community and Justice. Announcements Council Member Moss announced that the unveiling of the Historic Wall at the Intermodal Transportation Center would be conducted February 24, 2002, from 2:00 p.m. to 5:30 p.m., and invited the public to attend. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 2 of 22 Council Member Picht announced that a Town Hall meeting would be conducted March 18, 2002, at 7:00 p.m. at Southwest High School located on Welch Street and Alta Mesa. He stated that additional meetings would be held in other areas of the city at later dates and invited everyone interested to attend. Council Member Haskin announced that on March 4, 2002, at 7:00 p.m., the final meeting of the Gateway Park master plan would be conducted at the East Regional Library. She invited the public to attend. Mayor Pro tempore McCloud expressed condolences to the families of Bertha Garcia and Bettye Rambo who recently passed. Mr. McCloud also announced that an African-American Health Fair would be conducted February 23, 2002, from 9:00 a.m. to 3:00 p.m. at Texas Wesleyan College. Council Member Wentworth stated that he attended a birthday party in the Como area on February 16, 2002, for Ms. Jewel Moore who was celebrating her 100th birthday. He asked that the Council request staff prepare a proclamation to be presented to Ms. Moore and her family in honor of the occasion. He also commended City Secretary Pearson for her attendance at the party. City Manager Jackson announced that the recruitment for the Assistant City Manager for Capital Improvements and Infrastructure would continue through March and culminate with a selection once interviews are completed in April. He added that Bridgette Garrett, Budget Administrator, had been appointed as the interim Assistant City Manager for this position until the selection process was completed. Mayor Barr congratulated Ms. Garrett on her appointment. Mayor Barr announced that 170 citizens attended the February 18, 2002 redistricting meeting where five redistricting plans developed by citizens and organizations were presented. He stated that another redistricting meeting would be conducted February 28, 2002, also at the Will Rogers Memorial Center Auditorium to obtain further citizen comment, and where redistricting plans developed by various Council Members would be presented. He added that submitted plans could be viewed by the public in the foyer of City Hall, on the City's website, the City Secretary's Office, Action Center, and East Regional and Southwest Regional Libraries, and that citizens could provide comments on the Redistricting Hotline CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 3 of 22 at (817) 871-7371. Mayor Barr further stated that redistricting plans from Council Members would be available for citizen review prior to the February 28, 2002 redistricting meeting. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-13531 be withdrawn from the agenda. Staff Consent Agenda On motion of Council Member Silcox, seconded by Council Member Moss, the consent agenda was adopted unanimously. OCS-1266 There was presented Mayor and Council Communication No. OCS- Claims 1266 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 Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1267 There was presented Mayor and Council Communication No. OCS- Res. #2808 1267 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2808 setting the regular zoning Zoning Hearing hearing for March 19, 2002. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-13526 There was presented Mayor and Council Communication No. G- Res. #2809 13526 from the City Manager recommending that the City Council Representation adopt Resolution No. 2809 authorizing the maximum amount to be for Texas paid to Gary Ingram of Jackson Walker, L.L.P. to represent the City Commission on of Fort Worth, in the Texas Commission on Human Rights Claims Human Rights of 13 employees, be increased to $30,000.00. It was the consensus Claims of the City Council that the recommendation be adopted. G-13527 There was presented Mayor and Council Communication No. G- Claims 13527 from the City Manager recommending that the City Council Settlement — approve the proposed settlement of claims to Steven J. Munoz in Steven J. Munoz the amount of $32,000.00 for Equal Employment Opportunity Commission (EEOC) Charge No. 310A20223; and authorize the appropriate City representatives to execute the documents necessary to complete the settlement. It was the consensus of the City Council that the recommendation be adopted. G-13528 There was presented Mayor and Council Communication No. G- Ord. #14974 13528 from the City Manager recommending that the City Council USA Tennis authorize the City Manager to apply for and accept, if awarded, 1-2-3 Grants USA Tennis 1-2-3 Grants for the Parks and Community Services CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 4 of 22 Department in the amount of $6,000.00; and adopt Appropriation Ordinance No. 14974 increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $6,000.00 from available funds for the purpose of funding application for and acceptance of USA Tennis 1-2-3 Grants. 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 regarding Tax Abatement Reinvestment Zone No. 40, City of Fort Worth, Texas. Mayor Barr asked if there was anyone desiring to be heard. Ardina Washington, representing Economic Development, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13529, as follows: G-13529 There was presented Mayor and Council Communication No. G- Ord. #14975 13529 from the City Manager recommending that the City Council Tax Abatement hold a public hearing concerning the designation of Tax Abatement Reinvestment Reinvestment Zone No. 40, City of Fort Worth, Texas; and adopt Zone No. 40 Ordinance No. 14975 designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone No. 40, City of Fort Worth, Texas". There being no one else present desiring to be heard in connection with Tax Abatement Reinvestment Zone No. 40, Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and Mayor and Council Communication No. G-13529 be adopted. The motion carried unanimously. G-13530 There was presented Mayor and Council Communication No. G- Ord. #14976 13530 from the City Manager recommending that the City Council Extension of adopt Ordinance No. 14976 extending a moratorium on acceptance Moratorium on of concept plans, preliminary plats, unified residential development Acceptance of site plans, and applications for building permits and other Applications for development permits for certain properties located in the vicinity of Development of the western shore of Lake Arlington, south of the 6100 Block of Certain Property Ramey Avenue, east of the 2800-5300 Blocks of Interstate Loop 820 and north of Interstate 20, pending consideration of rezoning of such properties. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 5 of 22 G-13531 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-13531, Supplemental Appropriation Ordinances for Fiscal Year 2001-2002 for Encumbrance Rollovers and Designated Expenditures, be withdrawn from the agenda. Public Hearing It appeared that the City Council set today as the date for a public hearing regarding the adoption of the 2002 Master Thoroughfare Plan and Street Development Standards. Mayor Barr asked if there was anyone present desiring to be heard. Joe Ternus, representing Transportation/Public Works, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13532, as follows: G-13532 There was presented Mayor and Council Communication No. G- 2002 Master 13532 from the City Manager recommending that the City Council Thoroughfare conduct a public hearing on the adoption of the 2002 Master Plan Thoroughfare Plan and Street Development Standards. Bob Templeton Mr. Bob Templeton, 405 Mineral Springs Court, Keller, Texas, representing the Keller Independent School District (KISD), appeared before Council and expressed KISD's support of the 2002 Master Thoroughfare Plan (MTP). Dick LeBlanc, Mr. Dick LeBlanc and Mr. Walter Damon, 5950 Bershire Lane #850, Walter Damon Dallas, Texas, developers of the Crawford Farms Subdivision, appeared before Council in support of the 2002 MTP. Council Member Lane assumed his chair at this time. Bob Needham Mr. Bob Needham, 12771 Old Weatherford Road, Aledo, Texas, President, Old Weatherford Road Neighborhood Association, appeared before Council in opposition of the 2002 MTP. Mr. Needham raised concerns relative to water tank supply and boundary lines as they applied to the Onken and Walsh properties. Mayor Barr stated that firm decisions had not been made on the plan and requested that he continue the dialogue with Mr. Jim Dunaway to reach a compromise on his concerns. Council Member Silcox requested that the Sid Richardson property be removed from the 2002 MTP pending further review and discussion. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 6 of 22 There being no one else present desiring to be heard in connection with the adoption of the 2002 Master Thoroughfare Plan and Street Development Standards, Council Member Silcox made a motion, seconded by Council Member Wentworth, that the public hearing be closed and Mayor and Council Communication No. G-13532 be adopted by amending the M&C to exclude the Outer Loop, Heritage Trace and the Sid Richardson property. The motion carried unanimously. G-13533 There was presented Mayor and Council Communication No. G- Compromise 13533 from the City Manager recommending that the City Council Settlement authorize the City Manager to execute a Compromise Settlement Agreement with Agreement with Cacharel Texas Hawaii, Ltd. concerning the Cacharel Texas Country Oaks mobile home park located on Nine Mile Bridge Road. Hawaii, Ltd. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-13534 There was presented Mayor and Council Communication No. G- Ord. #14977 13534 from the City Manager recommending that the City Council: Lighting Improvements to 1. Accept a $40,000.00 donation from the Fort Worth Adult Rolling Hills Soccer Association for soccer field lighting improvements; Park Soccer and Complex 2. Adopt Appropriation Ordinance No. 14977 increasing estimated receipts and appropriations in the Parks Improvement Fund by $40,000.00 from available funds for the purpose of accepting a donation for lighting improvements to the Rolling Hills Park soccer complex; and 3. Authorize the City Manager to apply these funds toward the proposed lighting improvements at the Rolling Hills Park soccer complex. Robin Shermer Ms. Robin Shermer, President, Fort Worth Adult Soccer Association, appeared before Council and expressed appreciation to Richard Zavala, Parks and Community Services Director, staff, and Mayor Pro tempore McCloud for their efforts in improving the City's soccer complexes. She presented the City with a check in the amount of $40,000.00. Mayor Pro tempore McCloud thanked the Fort Worth Adult Soccer Association for their patience, generosity, and for bringing attention to the condition of soccer fields in the City. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 7 of 22 Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted with appreciation. The motion carried unanimously. P-9546 There was presented Mayor and Council Communication No. P- Soccer Field 9546 from the City Manager recommending that the City Council Light Poles authorize a purchase agreement with Dealers Electrical Supply Company for nine soccer field light poles for the Transportation and Public Works Department for a total cost of $28,533.00. It was the consensus of the City Council that the recommendation be adopted. P-9547 There was presented Mayor and Council Communication No. P- Printing of the 9547 from the City Manager recommending that the City Council City Times authorize a purchase agreement with Gateway Direct for printing of the City Times; and authorize this agreement to begin March 1, 2002, and expire February 28, 2003, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9548 There was presented Mayor and Council Communication No. P- Emergency 9548 from the City Manager recommending that the City Council Repairs to Front confirm an emergency purchase with American LaFrance Aerials Line Aerial for repairs to three front line aerial ladder trucks for the Equipment Ladder Trucks Services and Fire Departments for the total estimated amount not to exceed $65,898.50, with payment due 30 days from the date the invoice is received. It was the consensus of the City Council that the recommendation be adopted. P-9549 There was presented Mayor and Council Communication No. P- Folding Tables 9549 from the City Manager recommending that the City Council and Caddies authorize purchase agreements with multiple vendors for folding tables and caddies for the Public Events Department for a cost not to exceed $118,349.54 based on the low bid meeting specifications with payment due 30 days after receipt of the invoice and freight included in unit cost: Bidder Item Total Midwest Folding Tables Item Nos. 1 and 2 $41,652.79 Monroe Tables Item Nos. 3 thru 8 $76,696.75 Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 8 of 22 P-9550 There was presented Mayor and Council Communication No. P- Reject Bids for 9550 from the City Manager recommending that the City Council Polygraph reject all bids for polygraph testing services for the Police Testing Services Department. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. Capt. Rick Reflogal, representing the Fort Worth Police Department, appeared before Council and stated that the City's Polygrapher retired approximately two years ago and since that time polygraph examinations had been performed by other organizations. The department went out for bids but this revealed an increase from $50,000.00 to $60,000.00 from previous service. He added that training a City employee to perform the examinations would take approximately one year and it was determined to be more cost effective to hire a polygraph technician. City Manager Jackson stated that Management was committed to saving the taxpayers' money by securing the most cost-effective method for polygraph services whether through out-sourcing or by a City employee. The motion carried unanimously. L-13245 There was presented Mayor and Council Communication No. L- Permanent 13245 from the City Manager recommending that the City Council Sanitary Sewer authorize the acquisition and acceptance of one permanent Easement and sanitary sewer easement and one temporary construction Temporary easement described as part of M. Arochas Survey, A-2, Tarrant Construction County, Texas, from W. C. Miller, required for Sewer Rehabilitation Easement Project, Contract No. 48 (DOE 2114), for a total cost of $2,001.00. It was the consensus of the City Council that the recommendation be adopted. L-13246 There was presented Mayor and Council Communication No. L- Right-of-Way 13246 from the City Manager recommending that the City Council Dedication Deed approve the acceptance of one right-of-way dedication deed described as A-457, J. Edmonds Survey, Tarrant County, Texas, from AIL Investment, LP (DOE 3491) for the purpose of construction, use, maintenance, repair and reconstruction of a public street at property located east of Ray White Road and south of Wall-Price Keller Road, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 9 of 22 L-13247 There was presented Mayor and Council Communication No. L- Permanent 13247 from the City Manager recommending that the City Council Easement and approve the acquisition of one permanent easement and one Temporary temporary construction easement described as Lot 10C4, Block 10, Construction Fort Worth Stockyards Addition, Tarrant County, Texas, from Easement Cheryl Rider, required for the rehabilitation of sanitary sewer Main L-2231 (DOE 1830) for a total cost of $11,500.00. It was the consensus of the City Council that the recommendation be adopted. L-13248 There was presented Mayor and Council Communication No. L- Permanent 13248 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as Blocks 9-12, Fox Run Addition, Phase 3, Tarrant County, Texas, from Irvin E. Frank and Daniel H. Zellgson, Trustees (DOE 2919) needed as a right-of-way for the purpose of construction, placement, operation, upgrade, repair and maintenance of an underground sanitary sewer line across properties located south of Southwest Loop 820 and east of West Cleburne Road, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13249 There was presented Mayor and Council Communication No. L- Sale of Lake 13249 from the City Manager recommending that the City Council Worth Lease authorize the City Manager to approve the Option to Purchase and Property Purchase Agreement contract, with the Lessees of the Lake Worth lease properties to facilitate the direct sale of eligible Lake Worth lease properties. Joe Waller Mr. Joe Waller, 2533 Castle Circle, Chairman of the Steering Committee on Lake Worth, appeared before Council in support of this issue. He commended Dale Fisseler, Doug Rademaker, Craig Matheny, and Council Member Wentworth on their work during this process. Clyde Jordan Mr. Clyde Jordan, 6325 Cahoba Drive, President, Lake Worth City Club, appeared before Council in support of this issue. He commended Council Member Wentworth on his leadership and stated that he looked forward to working with staff on the privatization of the lake. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 10 of 22 L-13250 There was presented Mayor and Council Communication No. L- Right-of-Way 13250 from the City Manager recommending that the City Council Easement and approve the acceptance of one right-of-way easement described as Sanitary Sewer Tract 5, Eagle-Mountain Roanoke, Tarrant County, Texas, from Line Easement Texas Utilities Electric Delivery Company and one sanitary sewer line easement described as Abstract No. 55, A C H & B Survey, Tarrant County, Texas, from Bond Ranch Investors, Ltd. (DOE 3537) for the purpose of constructing, laying, installing, maintaining, operating, and repairing a sanitary sewer line across the property located south along Boat Club Road at Lake Country Estates to the north and east through Harbour View Estates North, for a total cost of$20.00. Council Member Moss informed Council that he had a conflict with this issue, had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss PZ-2357 There was presented Mayor and Council Communication No. PZ- Consent 2357 from the City Manager recommending that the City Council Agreement with authorize the City Manager to enter into a standard Consent FW Baker Agreement with FW Baker Building, L.P. for the installation of an Building LP awning at 108 West 8t" Street. It was the consensus of the City Council that the recommendation be adopted. PZ-2358 There was presented Mayor and Council Communication No. PZ- Ord. #14978 2358 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 14978 vacating a 2.5-foot wide by 180-foot Vacation long utility easement as situated along the southern side of Lot 11, (VA-01-1011) Block 1, Section Five, Cooks Meadow Addition, to the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 11 of 22 C-18964 There was presented Mayor and Council Communication No. C- Midwest 18964 from the City Manager recommending that the City Council Wrecking authorize the City Manager to execute a contract with Midwest Company Wrecking Company for demolition and asbestos abatement services for twenty-one residences at Fort Worth Meacham International Airport for the Engineering Department, Real Property Services Division, in the amount of $118,075.00. It was the consensus of the City Council that the recommendation be adopted. C-18965 There was presented Mayor and Council Communication No. C- Ord. #14979 18965 from the City Manager recommending that the City Council: Ord. #14980 Falkenberg 1. Adopt Appropriation Ordinance No. 14979 increasing the Construction estimated receipts and appropriations in the Capital Company, Inc. Project Reserve Fund (CPRF) in the amount of $45,180.00 from the available funds for the purpose of funding a contract to Falkenberg Construction, Inc. for expansion of Fire Station No. 40; and 2. Authorize the transfer of $45,180.00 from the CPRF to the Fire Services Fund, Fire Station No. 40 Expansion project; and 3. Adopt Appropriation Ordinance No. 14980 increasing the estimated receipts and appropriations in the Fire Services Fund in the amount of $45,180.00 from the available funds for the purpose of funding a contract to Falkenberg Construction, Inc. for the expansion of Fire Station No. 40; and 4. Authorize the City Manager to execute a contract with Falkenberg Construction Company, inc. for the expansion of Fire Station No. 40 located in Lake Country Estates, in the amount of $38,800.00 and a duration of 60 calendar days. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 12 of 22 C-18966 There was presented Mayor and Council Communication No. C- Ord. #14981 18966 from the City Manager recommending that the City Council: Allison-Broyles Contractors 1. Authorize the transfer of $229,945.00 from the Water and Sewer Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14981 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $229,945.00 from the available funds for the purpose of funding a contract to Allison- Broyles Contractors for Polytechnic Heights Educational Corridor Infrastructure Improvements, Phase Two - Water Main Replacement on Avenues A, C, and E, Corner Avenue, and McKenzie Street; and 3. Authorize the City Manager to execute a contract with Allison-Broyles Contractors for Polytechnic Heights Educational Corridor Infrastructure Improvements Phase Two — Water Main Replacement on Avenue A, Avenue C, Avenue E, Conner Avenue, and McKenzie Street in the amount of$204,945.00. It was the consensus of the City Council that the recommendation be adopted. C-18967 There was presented Mayor and Council Communication No. C- Amendment #3 18967 from the City Manager recommending that the City Council to CSC #24784— authorize the City Manager to execute Amendment No. 3 to City Freese and Secretary Contract No. 24784 with Freese and Nichols, Inc. in the Nichols, Inc. amount of $48,100.00 for a 36-inch water line from Fossil Hill Estates to Harmon Road, thereby increasing the contract amount to $426,174.91. It was the consensus of the City Council that the recommendation be adopted. C-18968 There was presented Mayor and Council Communication No. C- Ord. #14982 18968 from the City Manager recommending that the City Council: RJN Group, Inc. 1. Authorize the City Manager to transfer $245,292.00 from the Water and Sewer Fund to the Sewer Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14982 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $245,292.00 from the CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 13 of 22 available funds for the purpose of funding an engineering agreement with RJN Group, Inc. for Sanitary Sewer Rehabilitation Contract LXV (65); and 3. Authorize the City Manager to execute an engineering agreement with RJN Group, Inc. in the amount of $235,292.00 for Sanitary Sewer Rehabilitation Contract LXV (65). It was the consensus of the City Council that the recommendation be adopted. C-18969 There was presented Mayor and Council Communication No. C- Ord. #14983 18969 from the City Manager recommending that the City Council: M. E. Burns Construction, 1. Authorize the transfer of $559,625.00 from the Water and Inc. Sewer Operating Fund to the Water Capital Project Fund in the amount of $485,079.00 and the Sewer Capital Project Fund in the amount of$74,546.00 from available funds; and 2. Adopt Appropriation Ordinance No. 14983 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $559,625.00 and the Sewer Capital Project Fund in the amount of $74,546.00 from the available funds for the purpose of funding a contract with M. E. Burns Construction, Inc. for Water and Sanitary Sewer Replacement Contract 99KK; and 3. Authorize the City Manager to execute a contract with M. E. Burns Construction, Inc. in the amount of $497,166.00 and 70 working days for Water and Sanitary Sewer Replacement Contract 99KK. It was the consensus of the City Council that the recommendation be adopted. C-18970 There was presented Mayor and Council Communication No. C- Calvary 18970 from the City Manager recommending that the City Council Cathedral authorize the City Manager to execute a Community Facilities International Agreement with Calvary Cathedral International for the installation of community facilities for Lot 2R, Block 1, Mid-Town Church of Christ Addition (Calvary Cathedral International was previously located at 1600 West 5 Street). Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 14 of 22 C-18971 There was presented Mayor and Council Communication No. C- Ord. #14984 18971 from the City Manager recommending that the City Council: Tarrant County 1. Authorize the City Manager to transfer $332,614.00 from the General Fund to the Contract Street Maintenance Fund; and 2. Adopt Appropriation Ordinance No. 14984 increasing estimated receipts and appropriations in the Contract Street Maintenance Fund in the amount of $332,614.00 from the available funds for the purpose of funding an Interlocal Agreement with Tarrant County for the reconstruction of Bonds Ranch Road; and 3. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the reconstruction of Bonds Ranch Road from 600-feet east of Wagley Robertson to US287 and Bonds Ranch Road from US287 to the Fort Worth city limits in Fort Worth, Tarrant County Precinct No. 3 at a total cost to the City not to exceed $332,614.00. Council Member Wentworth made a motion, seconded by Council Member Silcox that the recommendation be adopted. The motion carried unanimously. C-18972 There was presented Mayor and Council Communication No. C- Amendment to 18972 from the City Manager recommending that the City Council: CSC #20060, #20061, #23512 1. Authorize the City Manager to amend City Secretary and #23685 — Contract No. 20060, a Management Agreement with Alliance Alliance Air Air Management, Ltd. for the management, operation, and Management, maintenance of the Fort Worth Alliance Airport extending Ltd. the term and revising the compensation; and 2. Authorize an amendment to City Secretary Contract No. 20061, a Lease Agreement with Alliance Air Services, Inc. extending the term; and 3. Authorize an amendment to City Secretary Contract No. 23512, a Ground Lease for Parcels 2 and 5 at Fort Worth Alliance Airport extending the term; and 4. Authorize an amendment to City Secretary Contract No. 23685, a Ground Lease for Parcel 3 at Fort Worth Alliance Airport extending the term. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 15 of 22 Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. ZC-01-1081 It appeared that the City Council, at its meeting of February 12, Ord. #14985 2002, continued the hearing in connection with Zoning Docket No. Approved ZC-01-1081, Text Amendment changing requirements for property owners to nominate area for designation as Historic and Cultural Landmarks District and apply for removal of Historic and Cultural Landmarks District designation. Mayor Barr asked if there was anyone present desiring to be heard. J. R. Kimball, The following citizens appeared before Council in opposition of the Roger Ross, text amendment: John Maddux, Stuart Thomas Mr. J. R. Kimball 2211 Weatherbee Mr. Roger Ross 2236 Mistletoe Avenue Mr. John Maddux 2120 Ridgmar Boulevard #14 Dr. Stuart N. Thomas 2235 Huntington Jerre Tracy, The following citizens appeared before Council in favor of the text Dorothy Graves amendment: Ms. Jerre Tracy 2734 Colonial Parkway Ms. Dorothy Graves 2228 Mistletoe Boulevard There being no one else present desiring to be heard in connection with the recommended changes and amendments to the Text Amendment, Council Member Davis made a motion, seconded by Council Member Haskin, that Zoning Docket No. ZC-01-1081 be adopted. Council Member Silcox made a substitute motion, seconded by Council Member Wentworth, to deny Zoning Docket ZC-01-1081. The motion failed by the following vote: AYES: Council Members Silcox, Moss, Picht, and Wentworth NOES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, and Davis ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 16 of 22 The original motion and Ordinance No. 14985 Text Amendment carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, and Davis NOES: Council Members Silcox, Moss, Picht, and Wentworth ABSENT: None ORDINANCE NO. 14985 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TO AMEND SUBSECTION A, "NOMINATION" OF SECTION 4.503, "PROCEDURE FOR DESIGNATION OF PROPERTY", TO ALLOW A NOMINATION FOR DESIGNATION OF AN AREA AS A HISTORIC AND CULTURAL LANDMARKS DISTRICT BY THE OWNERS OF FIFTY PERCENT OR MORE OF THE INDIVIDUAL TRACTS, PARCELS OR PLATTED LOTS IN THE PROPOSED DISTRICT AND FIFTY PERCENT OR MORE OF THE LAND AREA IN THE PROPOSED DISTRICT; AMENDING SUBSECTION A "APPLICATION FOR REMOVAL OF DESIGNATION" OF SECTION 4.504, "PROCEDURE AND CRITERIA FOR REMOVAL OF DESIGNATION" TO REQUIRE SIGNATURES BY THE OWNERS OF FIFTY PERCENT OR MORE OF THE INDIVIDUAL TRACTS, PARCELS OR PLATTED LOTS IN THE DISTRICT AND FIFTY PERCENT OR MORE OF THE LAND AREA IN THE DISTRICT TO SUBMIT AN APPLICATION TO REMOVE A DESIGNATION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Recessed/ Mayor Barr recessed the meeting at 12:06 p.m. and reconvened at Reconvened 12:16 p.m. with eight members present and Council Member Davis temporarily absent. Regular Zoning It appeared to the City Council that Resolution No. 2798 was Hearing adopted on January 22, 2002, setting today as the date for the CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 17 of 22 hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on January 23, 2002. Mayor Barr asked if there was anyone present desiring to be heard. City Secretary Pearson informed Council that she had received a memo from City Attorney Yett stating that Council may want to hear Zoning Docket Nos. ZC-02-007 through ZC-02-037 together if there were no cards in opposition. Council Member Moss stated that he had a concern with ZC-02-007. Mayor Barr advised the City Council that ZC-02-007, ZC-02-012 and ZC-02-020 would be considered separately and that he had one card in opposition of ZC-02-032. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that Zoning Docket Nos. ZC-02-008 through ZC- 02-037, with the exception of ZC-02-007, ZC-02-012, ZC-02-020, and ZC-02-032, application of the City of Fort Worth Planning Department for a change in zoning of various properties from "B" Two-Family to "A-5" One-Family, be heard and voted by unanimous consent. The motion carried unanimously. ZC-02-007 Council Member Moss made a motion, seconded by Council Continued for Member Haskin, that the application of the City of Fort Worth Two Weeks Planning Department for a change in zoning of property located at 5212 Pinson Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. ZC-02-007, be continued for two weeks. The motion carried unanimously. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that Zoning Docket Nos. ZC-02-008 through ZC- 02-037, with the exception of ZC-02-007, ZC-02-012, ZC-02-020, and ZC-02-032, application of the City of Fort Worth Planning Department for a change in zoning of various properties from "B" Two-Family to "A-5" One-Family, be approved as follows: ZC-02-008 Zoning Docket No. ZC-02-008, 5521 Old Handley Road ZC-02-009 Zoning Docket No. ZC-02-009, 1617 Lindsey Street ZC-02-010 Zoning Docket No. ZC-02-010, 3227 Bideker ZC-02-011 Zoning Docket No. ZC-02-011, 1601 Langston Street CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 18 of 22 ZC-02-013 Zoning Docket No. ZC-02-013, 969 Elmwood Avenue ZC-02-015 Zoning Docket No. ZC-02-015, 1805 East Davis Avenue ZC-02-016 Zoning Docket No. ZC-02-016, 1017 East Lowden Street ZC-02-017 Zoning Docket No. ZC-02-017, 1121 East Harvey Avenue ZC-02-018 Zoning Docket No. ZC-02-018, 1728 East Arlington Avenue ZC-02-019 Zoning Docket No. ZC-02-019, 3343 Wilbarger Street ZC-02-021 Zoning Docket No. ZC-02-021, 2837 College Avenue ZC-02-022 Zoning Docket No. ZC-02-022, 5218 Blackmore Avenue ZC-02-023 Zoning Docket No. ZC-02-023, 5201 Helmick Avenue ZC-02-024 Zoning Docket No. ZC-02-024, 5132 Helmick Avenue ZC-02-025 Zoning Docket No. ZC-02-025, 5512 Fernander Drive ZC-02-026 Zoning Docket No. ZC-02-026, 5225 Farnsworth Avenue ZC-02-028 Zoning Docket No. ZC-02-028, 2966 Rosen Avenue ZC-02-029 Zoning Docket No. ZC-02-029, 2968 Rosen Avenue ZC-02-030 Zoning Docket No. ZC-02-030, 2224 Prospect Avenue ZC-02-031 Zoning Docket No. ZC-02-031, 3304 Strohl Street ZC-02-033 Zoning Docket No. ZC-02-033, 3100 Northwest 30th Street ZC-02-034 Zoning Docket No. ZC-02-034, 3025 Refugio Avenue ZC-02-035 Zoning Docket No. ZC-02-035, 2810 Northwest 17th Street ZC-02-036 Zoning Docket No. ZC-02-036, 3417 Chestnut Avenue ZC-02-037 Zoning Docket No. ZC-02-037, 2701 Hutchinson Street The motion carried unanimously. ZC-02-012 Council Member Moss made a motion, seconded by Council Approved Member Lane, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1612 Amanda Avenue from "B" Two Family and "E" Neighborhood Commercial to "E" Neighborhood Commercial be approved by amending the zoning to "ER" Restricted Commercial and no alcohol sales. The motion carried unanimously. ZC-02-020 Council Member Moss made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 1629 South Henderson Street from "C/HC" Medium Density Multi- Family/Historic and Cultural Landmark to "B/HC" Two- Family/Historic and Cultural Landmark, Zoning Docket No. ZC-02- 020, be approved. The motion carried unanimously. ZC-02-032 Mr. S. Sana, P. O. Box 810333, Dallas, Texas, appeared before Approved Council in opposition of this zoning change. He stated that he S. Sana owned Lots 1-3 and changing the zoning to "A-5" One Family would create an unfair burden. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 19 of 22 John Garfield, representing the Development Department, informed Council that there was a 35 foot supplemented building setback requirement along the north property line and that Mr. Sana would be restricted from building anything in this area or using it for parking. Council Member Lane made a motion, seconded by Council Member Davis, that the application of the City of Fort Worth Planning Department for a change in zoning of property located at 2607 Clinton Avenue from "E" Neighborhood Commercial to "A-5" One-Family, Zoning Docket No. ZC-02-032, be approved. The motion carried unanimously. Mayor Barr requested that staff speak with Mr. Sana to inform him of his building options on his property. ZC-02-049 It appeared to the City Council that Resolution No. 2798 was Ord. #14986 adopted on January 22, 2002, setting today at the date for the Approved hearing in connection with Zoning Docket No. ZC-02-049, Text Amendment providing for three alternate members on the Downtown Design Review Board. Mayor Barr asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the recommended Text Amendment, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Zoning Docket No. ZC-02-049 be adopted and that the following ordinance be approved: ORDINANCE NO. 14986 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SECTION 2.104 TO PROVIDE FOR THREE ALTERNATE MEMBERS ON THE DOWNTOWN DESIGN REVIEW BOARD; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 20 of 22 ZC-02-050 It appeared to the City Council that Resolution No. 2798 was Ord. #14987 adopted on January 22, 2002, setting today at the date for the Approved hearing in connection with Zoning Docket No. ZC-02-050, Text Amendment to extend the western boundary of the Central Business District. Mayor Barr asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the recommended Text Amendment, Council Member Davis made a motion, seconded by Council Member Lane, that Zoning Docket No. ZC-02-050 be adopted and that the following ordinance be approved: ORDINANCE NO. 14987 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 4.905(C) TO EXTEND THE WESTERN BOUNDARY OF THE AREA ELIGIBLE FOR "CENTRAL BUSINESS (`H') DISTRICT" ZONING NORTH OF SEVENTH STREET FROM HENDERSON STREET TO THE CENTER OF THE TRINITY RIVER; AMENDING SECTION 6.301(G) TO PROVIDE THAT CONSTRUCTION OR EXPANSION OF STRUCTURES IN THE "H" CENTRAL BUSINESS DISTRICT IS EXEMPT FROM LANDSCAPE REQUIREMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. ZC-02-051 Council Member Davis made a motion, seconded by Council Ord. # 14988 Member Lane, that the application of Calvary Cathedral Approved International by James Toal for Pier One for a change in zoning of property located at the Northwest and Northeast corner of West 5th and Penn Street from "D" High Density Multi-Family, "G" Intensive Commercial and "J" Medium Industrial to "H" Central Business District, Zoning Docket No. ZC-02-051, be approved. The motion carried unanimously. James Toal Mr. James Toal, 500 W. 7th Street, appeared before Council in support of the zoning change and expressed his appreciation to the City Council and staff, stating that this was the first step in keeping Pier One in downtown Fort Worth. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 21 of 22 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 Council Member Lane, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 14988 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 12:45 p.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: a) Cities of Denton, Texas, et al v. TXU Electric Service Company, et al, Cause No. 009383 (134th Judicial District, Dallas County); b) Team Commercial Real Estate, LLC v. City of Fort Worth, Cause No. 342-181398-99; c) City of Fort Worth v. Infinity Outdoor, Inc., et al, Cause No. 2000-004459-2; CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 19, 2002 PAGE 22 of 22 d) David Harold Davis, Jr. v. City of Fort Worth and Officer Ruben O. Ruiz, Civil Action No. 4:02-CV-0100- A; e) Legal issues concerning the provision of jail services; f) Legal issues concerning the sale of surplus and tax foreclosure property; g) Legal issues concerning any City Council agenda item; as authorized by Section 551.071 of the Texas Government Code; and 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; 3. Deliberate concerning economic development negotias authorized by Section 551.086 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 1:43 p.m. Adjournment There being no further business, the meeting was adjourned at 1:43 p.m. CRETARY MAYOR