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HomeMy WebLinkAbout2002/07/23-Minutes-City Council CITY COUNCIL MEETING J U LY 23, 2002 Date & Time On the 23rd day of July, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 10:05 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 absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Karen Granderson, Central Texas Conference/UMC. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of July 16, 2002, were approved unanimously. Announcements Council Member Picht stated that this morning he challenged the selection of a female trail boss for the Fort Worth Herd. He added that his aide had since provided him with history of many contributions of women in cattle drives and apologized for his inference. Council Member Haskin announced that she traveled to Toledo, Ohio, July 18, 2002, with representatives from Sister Cities International. She added that the Sister Cities program received an award for Best Overall Program and congratulated Bob Jameson and Mae Johnson for their hard work. Council Member Picht announced that he and Mayor Pro tempore McCloud attended a Vietnamese Cultural and Science Association function in Arlington, July 20, 2002, where salutatorians and valedictorians of Vietnamese decent were honored. He added they were a superior group of young people and saluted them for their achievement. Withdrawn from City Manager Jackson requested Mayor and Council Consent Agenda Communication No. P-9635 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested Mayor and Council Withdrawn By Communication Nos. G-13662 and P-9635 be withdrawn from the Staff agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 23, 2002 PAGE 2 of 14 Council Member Davis requested that staff provide the Council with the name of the contractor for the Dallas Central Expressway project and any special features contained in that contract. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. OCS-1295 There was presented Mayor and Council Communication No. OCS- Claims 1295 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-1296 There was presented Mayor and Council Communication No. OCS- Res. #2854 1296 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2854 setting the regular zoning Zoning Hearing hearing for August 13, 2002. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-13662 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-13662, dated July 2, 2002, Amendments to the Neighborhood Empowerment Zone Basic Incentives, be withdrawn from consideration. G-13662 Revised There was presented Mayor and Council Communication No. G- Amend NEZ 13662 Revised from the City Manager recommending that the City Basic Incentives Council approve the amendments to the Neighborhood Empowerment Zone (NEZ) Basic Incentives. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. G-13677 There was presented Mayor and Council Communication No. G- 2002 Local Law 13677 from the City Manager recommending that the City Council Enforcement authorize the City Manager to enter into a funding agreement with Block Grant Tarrant County on the 2002 Local Law Enforcement Block Grant; Disparity and approve contracts with Tarrant County ($132,457.00) for a Agreement support of the Adult Drug Treatment Court and for continuation of the Mental Health Liaison Program ($32,544.00). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 23, 2002 PAGE 3 of 14 G-13678 There was presented Mayor and Council Communication No. G- Amend TNRCC 13678 from the City Manager recommending that the City Council Permits authorize the City Manager to apply to the Texas Natural Resource Conservation Commission (TNRCC) to amend existing permits to appropriate state water to irrigate City golf courses by extending the terms of the permits. 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 for designation of Fort Worth Neighborhood Empowerment Reinvestment Zone No. 3 and Tax Abatement Agreement with J. Kline, LLC and WP South Acquisitions, LLC and related findings of fact by the City Council. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Elizee Michel, representing the Housing Department, appeared before Council, presented a staff report, and called attention to Mayor and Council Communications No. G-13679, as follows: G-13679 There was presented Mayor and Council Communication No. G- Ord. #15160 13679 from the City Manager recommending that the City Council: FWNERZ #3 & Tax Abatement 1. Hold a public hearing concerning the designation of 9.37 Agreement With acres of vacant land as Fort Worth Neighborhood J. Kline, LLC & Empowerment Reinvestment Zone (FWNERZ) No. 3; and WP South Acquisitions, 2. Adopt Ordinance No. 15160 designating a certain area in the LLC City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 3, 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; and 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with J. Kline, LLC on WP South Acquisitions, LLC are true and correct; and 4. Authorize the City Manager to enter into the Tax Abatement Agreement with J. Kline, LLC and WP South Acquisitions, LLC in accordance with the Neighborhood Empowerment Zone Basic Incentives, as amended. There being no one else present desiring to be heard in connection with the designation of Fort Worth Neighborhood Empowerment Reinvestment Zone No. 3 and Tax Abatement Agreement with J. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 23, 2002 PAGE 4 of 14 Kline, LLC and WP South Acquisitions, LLC and related findings of fact by the City Council, Council Member Wentworth made a motion, seconded by Council Member Davis, that the public hearing be closed and that Mayor and Council Communication No. G-13679 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Haskin, Moss, Wentworth, and Davis NOES: Council Members Silcox and Picht ABSENT: Council Member Lane Public Hearing It appeared that the City Council set today as the date for a public hearing to change the street name of the 1400 block to the 1800 block of Judd Street to Joe L. Talton, Sr., Ryan Southeast Addition, Fort Worth, Texas (SN-02-001). Mayor Barr asked if there was anyone present desiring to be heard. Linda Moore- Ms. Linda Moore-Evans, 3720 Burnice Drive, appeared before Evans Council in support of the street name change. Mr. John Garfield, representing the Development Department, appeared before Council, stated that the Fire Department recommended the street be changed to J. L. Talton Street, and called attention to Mayor and Council Communications No. G- 13680, as follows: G-13680 There was presented Mayor and Council Communication No. G- Ord. #15161 13680 from the City Manager recommending that the City Council Street Name adopt Ordinance No. 15161 changing the name of a portion of Change - 1400- "Judd Street" to "Joe L. Talton, Sr."; Ryan Southeast Addition. 1800 Block of Mayor Pro tempore McCloud stated that in an effort to better serve Judd Street to the community and the Fire Department, it was agreed upon to Talton Avenue change the name of the street to "Talton Avenue" and made a motion, seconded by Council Member Silcox, that the recommendation be adopted, as amended. The motion carried unanimously. P-9633 There was presented Mayor and Council Communication No. P- Demolition and 9633 from the City Manager recommending that the City Council Abatement authorize the purchase of demolition and abatement services with Services multiple vendors for eleven commercial properties for the Code Compliance Department for a total cost of $148,055.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 23, 2002 PAGE 5 of 14 P-9634 There was presented Mayor and Council Communication No. P- Computer-to- 9634 from the City Manager recommending that the City Council Plate Digital authorize the purchase of a computer-to-plate digital Platemaker/ platemaker/imagemaker from Heidelberg USA, Inc. for the Imagemaker Reprographics Division based on best value for a cost not to exceed $50,294.00, with payment due 30 days after receipt of the invoice and freight included in the unit price; and authorize a software and hardware maintenance agreement at an annual cost of $6,912.00 with three options to renew. The maintenance agreement will begin after the initial six-month warranty expires. It was the consensus of the City Council that the recommendation be adopted. P-9635 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. P-9635, Purchase Agreement with Phillips Landscape Management, Inc. to Provide Mowing and Grounds Maintenance at the Interstate 30 and Interstate 35 Highway Corridor for the Parks and Community Services Department, be withdrawn from the agenda. L-13357 There was presented Mayor and Council Communication No. L- Permanent 13357 from the City Manager recommending that the City Council Underground approve the acceptance of one permanent underground sanitary Sanitary Sewer sewer easement described as A-1868, S. T. Rhodes Survey, located Easement east of Alta Vista and north of Keller-Haslet Road, Tarrant County, Texas, from AIL Investment, LP for the Vista Greens Phase 1 project (DOE 3496) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13358 There was presented Mayor and Council Communication No. L- Permanent 13358 from the City Manager recommending that the City Council Easement approve the acquisition of a permanent easement described as Lot 2R, Block 90, Ridgmar Addition, located in West Fort Worth in the Ridgmar area, from Madelon L. Bradshaw for the rehabilitation and improvement of sanitary sewer 207R drainage area, Part 2 (DOE 200) for a cost of $8,120.60. It was the consensus of the City Council that the recommendation be adopted. L-13359 There was presented Mayor and Council Communication No. L- Permanent 13359 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer drainage Drainage easement described as Lot 1, Block 1 E, Mercantile Center Addition, Easement located north of Meacham Boulevard and east of Sylvania Avenue, Tarrant County, Texas, from Richard A. Griffin for the Mercantile CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 23, 2002 PAGE 6 of 14 Quorum Stream Relocation of LFC-2 Project (DOE 3182) for a cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. L-13360 There was presented Mayor and Council Communication No. L- Permanent 13360 from the City Manager recommending that the City Council Underground approve the acceptance of one permanent underground public Public Utility utility easement described as A-1690, Samuel P. Williams Survey, Easement located east of North Riverside Drive and west of North Beach Street, Tarrant County, Texas, from Hillwood Alliance Residential, LP for the Heritage Trace Parkway project (DOE 3641) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13361 There was presented Mayor and Council Communication No. L- Permanent 13361 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as Lot 1, Block 1, T. K. Hamby Survey, Tarrant County, Texas, from Gray & Company Realtors for the T. K. Hamby Addition near the intersection of Cooks Lane, south of IH30 (DOE 3747) for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13362 There was presented Mayor and Council Communication No. L- Right-of-Way 13662 from the City Manager recommending that the City Council Acquisition for authorize the City Manager to approve the purchase of one Highway property described as A-1455, Eli Shriver Survey, located on Old Improvement of Denton Road east of IH35W near the existing right-of-way of North North Tarrant Tarrant Parkway (Project No. 0902-48-194), Tarrant County, Texas, Parkway from Lazy F Inc. for highway improvement of North Tarrant Parkway from IH35W to US 377 (DOE 3577) for a total cost of $9,334.00. It was the consensus of the City Council that the recommendation be adopted. L-13363 There was presented Mayor and Council Communication No. L- Permanent 13363 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one 20-foot permanent sanitary sewer Easement easement described as A-457, John Edmonds Survey, Tarrant County, Texas, from Manhattan Marathon Investment, LP for Keller High School (DOE 3666) 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 JULY 23, 2002 PAGE 7 of 14 L-13364 There was presented Mayor and Council Communication No. L- Permanent 13364 from the City Manager recommending that the City Council Underground approve the acceptance of three permanent underground sanitary Sanitary Sewer line easements described as Lot 6A, Block 2, Lot 2, Block 1 and Lot Line Easements 6, Block 2, Alliance Gateway Addition, located at the corner of Independence Parkway and Victory Lane, Tarrant County, Texas, from TeraSpace Networks Alliance, Alliance Gateway, and ADL Development, LP, respectively, for sanitary sewer project (DOE 3641) for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2397 There was presented Mayor and Council Communication No. PZ- Ord. #15162 2397 from the City Manager recommending that the City Council Sanitary Sewer adopt Ordinance No. 15162 vacating a 15-foot wide by 161.55-foot Easement long sanitary sewer easement, located within Lot 1, Block 1, Vacation Vickers East Lancaster Site, Haines Place Addition, Fort Worth, (VA-02-036) Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2398 There was presented Mayor and Council Communication No. PZ- Ord. #15163 2398 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 15163 vacating a 25-foot wide by 299.82-foot Vacation long utility easement across Lots 1-AR and 2-AR, Block 20, (VA-02-056) Original Town of Handley Addition, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. C-19158 There was presented Mayor and Council Communication No. C- J&S Audio 19158 from the City Manager recommending that the City Council Visual authorize the City Manager to execute a three-year agreement with J&S Audio Visual as the exclusive provider for ballroom rigging and the preferred provider for audio visual services for exhibitors and facility users of the Fort Worth Convention Center based on the best rated proposal; and authorize the agreement to begin July 23, 2002, and expire July 22, 2005, with options to renew for three additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. C-19159 There was presented Mayor and Council Communication No. C- Gene A. Lusk 19159 from the City Manager recommending that the City Council authorize the City Manager to enter into a standard consent agreement with Gene A. Lusk to continue the existence of a building (gazebo) into the right-of-way of 31St Street at 3020 Lincoln Avenue. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 23, 2002 PAGE 8 of 14 C-19160 There was presented Mayor and Council Communication No. C- Carter & 19160 from the City Manager recommending that the City Council Burgess, Inc. authorize the City Manager to execute an engineering agreement with Carter & Burgess, Inc. for a fee not to exceed $114,595.00 to prepare plans and specifications for the Northside II 16-inch water main extension along North Tarrant County Parkway from IH35W to Park Vista Boulevard. It was the consensus of the City Council that the recommendation be adopted. C-19161 There was presented Mayor and Council Communication No. C- Terminate CSC 19161 from the City Manager recommending that the City Council #27557 -William authorize the City Manager to terminate City Secretary Contract No. J. Schultz, Inc. 27557 with William J. Schultz, Inc. d/b/a Circle "C" Construction d/b/a Circle "C" Company for Main C1C4B Drainage Area, Sanitary Sewer System Construction Rehabilitation and Improvements (Group 6, Contract 2), Part 15; Company and authorize the project to be rebid at the earliest possible convenience. It was the consensus of the City Council that the recommendation be adopted. C-19162 There was presented Mayor and Council Communication No. C- Supplemental 19162 from the City Manager recommending that the City Council Agreement #2 to authorize the City Manager to execute Supplemental Agreement CSC #21413 - No. 2 to City Secretary Contract No. 21413, merging all Federal FAA Aviation Administration (FAA) leases that serve runway 16L-34R at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-19163 There was presented Mayor and Council Communication No. C- Kimbell Art 19163 from the City Manager recommending that the City Council Museum authorize the City Manager to enter into a standard consent agreement with the Kimbell Art Museum authorizing use of the right-of-way for installation of communication conduits under the 1100 block of Arch Adams Street. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19164 There was presented Mayor and Council Communication No. C- Vandervoort's 19164 from the City Manager recommending that the City Council Dairies authorize the City Manager to enter into a standard consent agreement with Vandervoort's Dairies authorizing use of the right- of-way for an overhead cable at 100 West Terrell Street. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 23, 2002 PAGE 9 of 14 C-19165 There was presented Mayor and Council Communication No. C- Ord. #15164 19165 from the City Manager recommending that the City Council City of Saginaw approve Joint Ordinance and Boundary Agreement No. 15164 with the City of Saginaw to adjust the boundary between Fort Worth and Saginaw in the area west of Blue Mound Road and north of Bailey- Boswell Road in connection with development of the Creekwood Addition by Hillwood Enterprises, L.P.; and authorize the Mayor to execute the Joint Ordinance and Boundary Agreement. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19166 There was presented Mayor and Council Communication No. C- Sutton & 19166 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute a contract with Sutton & Associates, Inc. in the amount of $1,193,730.75 and 220 calendar days for the reconstruction of Camp Bowie Boulevard from Eldridge Street to Hulen Street. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-19167 There was presented Mayor and Council Communication No. C- West/Loop 820 19167 from the City Manager recommending that the City Council Partners authorize the City Manager to amend the Community Facilities Agreement with West/Loop 820 Partners by Orinda Capital to add funds for the installation of water and sewer services to serve Settlement Village Addition, Lots 1 and 2, Block 1. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Mayor Barr recognized visiting Fort Worth Independent School District Vital Links students seated in the audience. Public Hearing It appeared that the City Council set today as the date for a public 3121 hearing for the Appeal of the Order of the Building Standards Honeysuckle Commission regarding 3121 Honeysuckle Avenue. Mayor Barr Avenue asked if there was anyone present desiring to be heard. Continued Until October 1, 2002 Mr. Carl Smart, Code Compliance Director, appeared before Council, presented a staff report regarding property at 3121 Honeysuckle Avenue, and recommended Council uphold the decision of the Building Standards Commission by assessing a civil penalty of$2,360.00. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 23, 2002 PAGE 10 of 14 Clem Connally Mr. Clem Connally, 1705 Bluebonnet Drive, appeared before Council representing his mother, the owner of the property. He stated that funds were in place to repair the house and asked for an extension of 60 days to complete repairs. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 3121 Honeysuckle Avenue, Council Member Haskin made a motion, seconded by Council Member Davis, that the public hearing be continued until October 1, 2002, without any waiver of the fees. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 2828 South hearing for the Appeal of the Order of the Building Standards Grove Street Commission regarding 2828 South Grove Street. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Carl Smart, Code Compliance Director, appeared before Council, presented a staff report regarding property at 2828 South Grove Street, and recommended Council uphold the decision of the Building Standards Commission by assessing a civil penalty of $370.00. Lewis Hodge Mr. Lewis Hodge, 2836 S. Grove Street, appeared before Council in opposition of the civil penalty. He stated that a final inspection of the property was scheduled but the inspector did not show. He added that he should not be assessed a civil penalty when he was not at fault. Mr. Smart provided rebuttal and stated that the inspector was ill the day of the inspection. He added that a subsequent inspection could not be scheduled until June 19, 2002, as a Code Compliance officer could not find the owner at home until that time. Council Member Davis expressed concern with this property being in a substandard condition for 13 years before it was presented to the Building Standards Commission (BSC). She stated that proactive measures had to be implemented to ensure substandard structures were scheduled for BSC review soon after they were identified. City Manager Jackson directed Mr. Smart to provide a report back to him and the City Council relative to case management procedures that were currently in place that detailed the tracking system used, once property had been identified as substandard, to bring it to the attention to the BSC. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 23, 2002 PAGE 11 of 14 There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 2828 South Grove Street, Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the public hearing be closed, and that Council reduce the civil penalty to $37.00. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Moss, Picht, Wentworth, and Davis NOES: Council Member Haskin ABSENT: Council Member Lane Public Hearing It appeared that the City Council set today as the date for a public 760 Samuels hearing for the Appeal of the Order of the Building Standards Avenue and Commission regarding 760 Samuels Avenue and rear structure. Rear Mayor Barr asked if there was anyone present desiring to be heard. Continued for One Week Mr. Carl Smart, Code Compliance Director, appeared before Council, presented a staff report regarding property at 760 Samuels Avenue and rear structure, and recommended Council uphold the decision of the Building Standards Commission by assessing a civil penalty of $4,000.00. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 760 Samuels Avenue and rear structure, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be continued for one week. The motion carried unanimously. ZC-002-152 It appeared that the City Council, at its meeting of July 9, 2002, Ord. #15165 continued the hearing of the application of Jim Cozby for a change Approved in zoning of property located in the 8000 Block of Blue Mound Road from "AG" Agricultural to "A-5" One-Family, Zoning Docket No. ZC-002-152. Mayor Barr asked if there was anyone present desiring to be heard. Fred Balda Mr. Fred Balda, 17480 Dallas Parkway Suite 200, Dallas, Texas, representing Hillwood Residential, appeared before Council and stated that it was their intention to build a master plan style community with lot sizes ranging from 50 to 70 feet and a mandatory homeowners association. He requested Council's favorable consideration of the zoning change. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 23, 2002 PAGE 12 of 14 There being no one else present desiring to be heard in connection with the application of Jim Cozby, Council Member Silcox made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed, that Zoning Docket No. ZC-002-152 be approved, and that the following ordinance be adopted: ORDINANCE NO. 15165 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. ZC-002-160 It appeared that the City Council, at its meeting of July 16, 2002, Ord. #15166 continued the hearing in connection with Zoning Docket No. ZC- Text 002-160, Text Amendment requiring repair and body shops to Amendment provide screening from certain residential uses, and to enclose Approved vehicles accepted for repairs and dismantled or wrecked vehicles behind a screen fence or building after business hours, and limiting the time vehicles accepted for repairs can be stored on premises. Mayor Barr asked if there was anyone present desiring to be heard. John Firm Mr. John Firm, 3501 NE 28th Street, Tarrant County Chapter David Hinshaw President of the Auto Service Providers of Texas, and Mr. David R. Hinshaw, 1604 Janice Lane, appeared before Council in favor of the text amendment. They stated that they had worked diligently with City staff to design an ordinance that would benefit everyone and requested Council adopt the ordinance. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 23, 2002 PAGE 13 of 14 City Attorney Yett stated that on Page 5, Section 4 of the ordinance the compliance statement date needed to be reflected before passage of the ordinance. Council Member Silcox recommended the compliance date be January 1, 2003. There being no one else present desiring to be heard in connection with the recommended changes and amendments to the proposed Text Amendment, Council Member Silcox made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed, that Zoning Docket No. ZC-002-160 be approved, and the following ordinance be adopted: ORDINANCE NO. 15166 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 SECTION 5.104, "AUTOMOTIVE REPAIR; PAINT AND BODY SHOP" AND SECTION 5.304, "FENCES" TO REQUIRE A MINIMUM SIX FOOT SOLID SCREENING FENCE OR SOLID SCREEN EVERGREEN HEDGE ADJACENT TO OR WITHIN TWO HUNDRED FEET FROM ANY ONE OR TWO-FAMILY RESIDENTIAL USE; TO REQUIRE THAT ALL VEHICLES IN EXCESS OF TWO PER BAY OR REPAIR/INSPECTION STATION BE STORED OVERNIGHT BEHIND AN ENCLOSED SCREENING FENCE OR IN AN ENCLOSED BUILDING; TO LIMIT THE TIME VEHICLES CAN BE STORED ON THE PROPERTY TO SIXTY (60) DAYS; TO ALLOW AN EXCEPTION TO THE TIME LIMIT FOR THE REPAIR AND CONDITIONING OF ANTIQUE VEHICLES AND RACE CAR FABRICATION IN "I", "J", AND "K" DISTRICTS; TO AMEND CHAPTER 9, "DEFINITIONS" TO ADD A DEFINITION FOR DISMANTLED VEHICLES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Citizen Ms. Deborah Jackson, 3812 Harbour Creek Court, appeared before Presentations Council and expressed concerns with the proposed annexation Deborah relative to the Cost Benefit Analysis for her area and inquired why Jackson Bonds Ranch was not part of the annexation plan. Mayor Barr informed Ms. Jackson that the City Attorney would contact her and address her concerns. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 23, 2002 PAGE 14 of 14 Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:08 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) Michael R. Riggs v. City of Fort Worth, et al, Civil Action No. 4:00-CV-816-Y; b) Bradley Hickey et al v. City of Fort Worth, Cause No. 348-185345-00; c) Fort Worth Professional Fire Fighters Association et al v. City of Fort Worth, Cause No. 17-185635-00; d) Legal issues concerning sewer backup and tort claims; e) Legal issues concerning property tax revenues and exemptions; f) Legal issues concerning any City Council agenda item; 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 551.086 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 12:35 p.m. Adjournment There being no further business, the meeting was adjourned at 12:35 p.m.