Loading...
HomeMy WebLinkAbout2002/07/30-Minutes-City Council CITY COUNCIL MEETING J U LY 30, 2002 Date & Time On the 30th day of July, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 10:20 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 Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; Assistant City Secretary Sylvia Glover. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Rabbi Alberto Zeilocovich, Congregation Ahavath Shalom. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Lane, the minutes of the regular meeting of July 23, 2002, were approved unanimously. Special Mayor Pro tempore McCloud presented a Proclamation for Presentations National Night Out to Deputy Chief Patricia Kneblick. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication Nos. P-9638, L-13366, and L-13367 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication Nos. P-9638 be continued for one week, L-13366 Staff be withdrawn, and L-13367 be continued until September 3, 2002. Consent Agenda On motion of Council Member Davis, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. OCS-1297 There was presented Mayor and Council Communication No. OCS- Claims 1297 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. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 2 of 18 G-13681 There was presented Mayor and Council Communication No. G- Ord. #15167 13681 from the City Manager recommending that the City Council: Additional Grant Funds from 1. Authorize the City Manager to accept additional funds from TDHCA to the Texas Department of Housing and Community Affairs Provide (TDHCA) in the amount of $95,969.00 for the period January Weatherization 1, 2002, through August 31, 2002; and Measures in Tarrant County 2. Adopt Appropriation Ordinance No. 15167 increasing estimated receipts and appropriations in the Grants Fund in the amount of $95,969.00 from available funds, subject to grant receipt, for the purpose of funding weatherization measures in Tarrant County; and 3. Authorize the application of indirect costs at a rate of 12.02 percent. It was the consensus of the City Council that the recommendation be adopted. G-13682 There was presented Mayor and Council Communication No. G- Ord. #15168 13682 from the City Manager recommending that the City Council: Grant from NCTCOG for 1. Authorize the City Manager to submit a grant application to "Fort Worth the North Central Texas Council of Governments (NCTCOG) Proud" Education for the purpose of funding the "Fort Worth Proud" Brush Campaign and Bulky waste education campaign for the Environmental Management Department in the amount of $45,000.00; and 2. Authorize the City Manager to accept and execute the NCTCOG grant contract, if awarded; and 3. Authorize the use of $6,000.00 in personnel services from the Environmental Management Fund as an in-kind match for these grants; and 4. Adopt Appropriation Ordinance No. 15168 increasing estimated receipts and appropriations in the Grants Fund in the amount of $51,000.00, subject to the receipt of the grant, for the purpose of extending funding of the "Fort Worth Proud" education campaign. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 3 of 18 G-13683 There was presented Mayor and Council Communication No. G- Permit Fee 13683 from the City Manager recommending that the City Council Waiver for find that the improvements to be constructed on property owned Improvements on by Unlimited Faith II, LLC, located at 4515 Village Creek Road, are Property Owned feasible and practical and would be a benefit to the land and to the by Unlimited City in general; and authorize the City Manager to waive the permit Faith II, LLC fees associated with the improvements that Unlimited Faith II, LLC is planning to build on the property located at 4515 Village Creek Road. Council Member Moss made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. G-13684 There was presented Mayor and Council Communication No. G- Ord. #15169 13684 from the City Manager recommending that the City Council Sewer System adopt Appropriation Ordinance No. 15169 increasing estimated Subordinate Lien receipts and appropriations in the State Revolving Fund — Sewer Revenue Bond by $34,310,000.00 for the purpose of construction of Series 2002 improvements to the wastewater treatment system. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. P-9636 There was presented Mayor and Council Communication No. P- Exclusive 9636 from the City Manager recommending that the City Council Communications authorize an amendment to the term of the agreement with Smart Services (Voice & City Networks to provide exclusive communication services (voice Data) and data) for facility users and exhibitors at the Fort Worth Convention Center from a one-year agreement with five one-year options to renew, to a five-year agreement with five one-year options to renew, to be approved by the City Council; and authorize the term of the agreement to begin upon execution, and expire five years from the date of execution, with options to renew for five additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9637 There was presented Mayor and Council Communication No. P- Carpet Recycling 9637 from the City Manager recommending that the City Council authorize a purchase agreement for carpet recycling for the Transportation and Public Works Department with Commercial Marketing Associates, Inc.; and authorize this agreement to begin July 30, 2002, and expire July 29, 2003, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 4 of 18 P-9638 It was the consensus of the City Council that Mayor and Council Continued for Communication No. P-9638, Purchase Agreement with Trinity One Week Waste Services for Trash Container Service for the City of Fort Worth, be continued for one week. P-9639 There was presented Mayor and Council Communication No. P- HVAC Part and 9639 from the City Manager recommending that the City Council Units authorize a purchase agreement with The Trane Company to provide HVAC (heating, ventilation, and air-conditioning) parts and units for the City of Fort Worth based on the low bid meeting specifications, with payment due 30 days from the date of the invoice; and authorize this agreement to begin July 31, 2002, and expire July 30, 2003, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-9640 There was presented Mayor and Council Communication No. P- Liquid Polymer 9640 from the City Manager recommending that the City Council authorize a purchase agreement with Polydyne, Inc. to provide liquid polymer for the Water Department based on the low unit price bid of $0.447 per pound with payments due 30 days from the date of the invoice and freight cost included in the bid; and authorize this agreement to begin August 4, 2002, and expire August 3, 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-9641 There was presented Mayor and Council Communication No. P- Mowing & 9641 from the City Manager recommending that the City Council Grounds authorize a purchase agreement with Phillips Landscape Maintenance Management, Inc. to provide mowing and grounds maintenance at the Interstate Highway 30 and Interstate Highway 35 corridor for the Parks and Community Services Department based on the overall low bid of project areas received, with payment due 30 days from the date of the invoice; and authorize this agreement to begin July 30, 2002, and expire February 26, 2003, with options to renew for two successive one-year periods. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 5 of 18 L-13365 There was presented Mayor and Council Communication No. L- Ord. #15170 13365 from the City Manager recommending that the City Council: Purchase Property for 1. Authorize the transfer of $780,147.00 from a General Fund Development of escrow account to the General Fund operating budget; and LaGrave Field 2. Adopt Supplemental Appropriation Ordinance No. 15170 increasing estimated receipts and appropriations in the General Fund in the amount of $780,147.00 from available funds for the purpose of funding the current and previous purchases of property associated with LaGrave Field; and 3. Authorize the City Manager to execute all necessary documents to purchase approximately 75,000 square feet of land and improvements legally described as Lot 1, Block A- R, Union Land Company Addition (500 North Commerce Street) from Panther City Real Estate, LLC for the development of LaGrave Field for a full sale price of $155,983.00. It was the consensus of the City Council that the recommendation be adopted. L-13366 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. L-13366, Cancellation of Lake Worth Lease with Lessees Leslie and Tonja Kennedy for the City-owned Property located at 8124 Heron Drive (Lot 13, Block 31, Lake Worth Lease Survey), be withdrawn. L-13367 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. L-13367, Cancellation of Lake Worth Lease September 3, with Lessees Jeff Leathers and Patti Briggs for City-owned 2002 Property located at 8336 Shoreview Drive (Lot 17R, Block 31, Lake Worth Lease Survey), be continued until September 3, 2002. L-13368 There was presented Mayor and Council Communication No. L- Pipeline License 13368 from the City Manager recommending that the City Council Agreement with authorize the City Manager to enter into a pipeline license BNSF Railway agreement with the Burlington Northern and Santa Fe (BNSF) Co. for Railway Company for the Meadowcreek Lift Station needed for the Meadowcreek Lift proposed sewer main to serve Lot A, Block 1, Sycamore Point Station Addition located west of Crowley Road and south of Sycamore School Road in south Tarrant County for a cost of $3,550.00, which includes a $250.00 processing fee and an $800.00 charge for participation in the licensor's blanket insurance policy. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 6 of 18 L-13369 There was presented Mayor and Council Communication No. L- Pipeline Crossing 13369 from the City Manager recommending that the City Council Agreement with authorize the City Manager to enter into a pipeline crossing Union Pacific agreement with the Union Pacific Railroad Company at Milepost Railroad Co. for 240.75, Fort Worth Subdivision, Tarrant County, Texas, for Hemphill Hemphill Street/McPherson Boulevard water main extension in Street/McPherson south Tarrant County (DOE 3492) for a one-time cost of $1,500.00. Blvd. Water Main It was the consensus of the City Council that the recommendation Extension be adopted. L-13370 There was presented Mayor and Council Communication No. L- Cancellation of 13370 from the City Manager recommending that the City Council Lake Worth approve the cancellation of the 50-year lease with Rondon and Lease With Louise Shepherd for City-owned property described as Lot 33, Rondon & Louise Block 14, Lake Worth Lease Survey (7428 Love Circle). It was the Shepherd consensus of the City Council that the recommendation be adopted. L-13371 There was presented Mayor and Council Communication No. L- Condemnation of 13371 from the City Manager recommending that the City Council Permanent Water declare the necessity of taking an interest of one permanent water Main Easement & main easement and one temporary construction easement in Temporary south Tarrant County from TLH Realty Investments, Ltd. required Construction for construction of the Southside III 36-inch Water Line Project Easement (DOE 3416); and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. Council Member Picht made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. PZ-2399 There was presented Mayor and Council Communication No. PZ- Ord. #15171 2399 from the City Manager recommending that the City Council Annexation of approve Ordinance No. 15171 declaring certain finding; providing Approximately for the extension of certain boundary limits of the City of Fort 3.26 Acres of Worth; providing for the annexation of a certain 3.26 acres of land Land Out of (.00509 sq. miles), more or less, out of the William Evans Survey, Williams Evans Abstract No. 467, of which said tract being within unincorporated Survey Tarrant County, Texas, said tract being a portion of a tract deeded (AX-02-0002) to Havener Rupert Limited Partnership as recorded in Volume 12451, Page 1824 of the Deed Records, Tarrant County, Texas; said 3.26 acres of land (Case No. AX-02-0002) which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 7 of 18 thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. PZ-2400 There was presented Mayor and Council Communication No. PZ- Annexation of 2400 from the City Manager recommending that the City Council Approximately adopt an ordinance declaring certain findings; providing for the 28.209 Acres of extension of certain boundary limits of the City of Fort Worth; Land out of the L. providing for the annexation of a certain 28.209 acres of land Hansbrough & J. (.0440 sq. miles), more or less, out of the L. Hansbrough Survey, R. Knight Abstract No. 747, a part of the J. R. Knight Survey, Abstract No. Surveys 902, and being all of that land conveyed to Eldon D. Hill as (AX-02-0003) recorded in Volume 2857, Page 370, Tarrant County Deed Records (Case No. AX-02-0003), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Mayor Barr requested that PZ-2400 and Zoning Docket No. ZC-002- 151, application of Betty Hill for a change in zoning of property located in the 10100 Block of Ray White Road from "AG" Agricultural to "A-5" One-Family, Zoning Docket No. ZC-002-151, be heard concurrently. Jim Schell Mr. Jim Schell, 901 Fort Worth Club, appeared before Council and requested their favorable consideration of the zoning change. He stated that if the zoning change was denied that Council also not annex the property reflected in PZ-2400. Council Member Davis requested City Manager Jackson provide Council a presentation that shows the undeveloped property in the area, what the current zoning was and how Council might be able to support lower density land uses in a way that was more comprehensive in scope. PZ-2400 and After a lengthy discussion, Council Member Haskin made a ZC-002-151 motion, seconded by Council Member Davis, that Council institute Continued One annexation proceedings relative to PZ-2400, and that PZ-2400 Week annexation of approximately 28.209 acres of land situated in the L. Hansbrough Survey and a part of the J. R. Knight Survey, and Zoning Docket No. ZC-002-151 application of Betty Hill for a CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 8 of 18 change in zoning of property located in the 10100 Block of Ray White Road from "AG" Agricultural to "A-5" One-Family, be continued for one week. The motion carried unanimously. PZ-2401 There was presented Mayor and Council Communication No. PZ- Ord. #15172 2401 from the City Manager recommending that the City Council Street & Alley adopt Ordinance No. 15172 vacating the 4000 block of Halloran Vacation Street, a 60-foot wide by 266-foot long and a 16-foot wide by 1,000- (VA-02-042) foot long alley located within Blocks 81 and 368 of the Chamberlin Arlington Heights Addition, Tarrant County, Texas. 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 Silcox made a motion, seconded by Council Member Haskin, 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 C-19168 There was presented Mayor and Council Communication No. C- Change Order#1 19168 from the City Manager recommending that the City Council to CSC #27502 — authorize Change Order No. 1 to City Secretary Contract No. 27502 Durable to construct an additional new traffic signal at the intersection of Specialties, Inc. Bryant Irvin Boulevard and Libbey Street. This change order increases the contract amount by $42,995.00, to a total contract amount of $291,795.00, and increases the number of new signals from four to five. It was the consensus of the City Council that the recommendation be adopted. C-19169 There was presented Mayor and Council Communication No. C- TranSystems 19169 from the City Manager recommending that the City Council Corporation, Inc. authorize the City Manager to execute a contract with TranSystems Corporation, Inc. for traffic signal design and data collection services in the amount of $72,500.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 9 of 18 C-19170 There was presented Mayor and Council Communication No. C- Ord. #15173 19170 from the City Manager recommending that the City Council: Looney Ricks Kiss 1. Authorize the City Manager to accept contributions from multiple organizations for a City-wide historic preservation plan; and 2. Adopt Appropriation Ordinance No. 15173 increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $85,100.00 from available funds for the purpose of funding a contract with Looney Ricks Kiss; and 3. Authorize the City Manager to execute a contract in an amount not to exceed $140,000.00 with Looney Ricks Kiss to prepare the preservation plan. It was the consensus of the City Council that the recommendation be adopted. C-19171 There was presented Mayor and Council Communication No. C- Cleburne Utility 19171 from the City Manager recommending that the City Council Construction, Inc. authorize the City Manager to execute a contract with Cleburne Utility Construction, Inc. in the amount of $889,460.00 for the Water Main Replacements Contract 2002A. It was the consensus of the City Council that the recommendation be adopted. C-19172 There was presented Mayor and Council Communication No. C- Dannenbaum 19172 from the City Manager recommending that the City Council Engineering authorize the City Manager to execute an engineering agreement Corporation with Dannenbaum Engineering Corporation in the amount of $721,899.76 for Sanitary Sewer Main 257 and 325 Middle and Upper Village Creek Parallel Relief Alignment Study and Design. It was the consensus of the City Council that the recommendation be adopted. C-19173 There was presented Mayor and Council Communication No. C- Ord. #15174 19173 from the City Manager recommending that the City Council: Amendment #1 to CSC Amendment — 1. Authorize the transfer of $29,000.00 from the Water and A.N.A. Sewer Fund to the Sewer Capital Project Fund; and Consultants, 2. Adopt Appropriation Ordinance No. 15174 increasing L.L.C. estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $29,000.00 from available funds, for the purpose of funding an engineering agreement with A.N.A. Consultants, L.L.C. for Sanitary Sewer Rehabilitation Contract LIX (59); and CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 10 of 18 3. Authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 27555, an engineering agreement with A.N.A. Consultants, L.L.C. in the amount of $29,000.00 to provide for additional design and survey services, thereby increasing the contract amount to $134,160.00. It was the consensus of the City Council that the recommendation be adopted. C-19174 There was presented Mayor and Council Communication No. C- Amend CSC 19174 from the City Manager recommending that the City Council #27161 - authorize the City Manager to amend the contract for the provision City of Benbrook of fire services to the City of Benbrook, changing the language for Section 6: Liability. It was the consensus of the City Council that the recommendation be adopted. C-19175 There was presented Mayor and Council Communication No. C- Integrant, Inc. 19175 from the City Manager recommending that the City Council authorize the City Manager to execute an agreement with Integrant, Inc. to provide interim management services at the Fort Worth International Center for an amount not to exceed $47,250.00. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19176 There was presented Mayor and Council Communication No. C- FWISD 19176 from the City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with the Fort Worth Independent School District (FWISD) for the installation of community facilities for improvements to West Dashwood Street to serve Trimble Tech High School. 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. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 11 of 18 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 C-19177 There was presented Mayor and Council Communication No. C- One Prairie 19177 from the City Manager recommending that the City Council Meadows, Ltd. authorize the City Manager to execute a Community Facilities Agreement with One Prairie Meadows, Ltd. for the Installation of community facilities for Timberland Boulevard, Phase I. City Manager Jackson stated that the Discussion section, 4th paragraph, sentences 1 and 2 of the M&C, needed to be amended to read: "The developer's share for street improvements and sidewalks along both sides is $830,746.00, plus $16,615.00 for construction inspection fees. The City's share for seven feet of pavement width and median openings will be $212,888.00, plus construction fees, and $12,773.00 for engineering fees." Council Member Haskin made a motion, seconded by Council Member Lane, that the recommendation be adopted, as amended. The motion carried unanimously. C-19178 There was presented Mayor and Council Communication No. C- NAPA Auto Parts 19178 from the City Manager recommending that the City Council authorize the City Manager to execute an agreement with NAPA Auto Parts to provide parts, staffing, and systems for management of parts operations for Equipment Services Department maintenance facilities for the period October 1, 2002, through September 30, 2005. Council Member Picht made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-19179 There was presented Mayor and Council Communication No. C- Camp, Dresser & 19179 from the City Manager recommending that the City Council McKee, Inc. authorize the City Manager to execute an engineering agreement with Camp, Dresser & McKee, Inc. for construction management of the Village Creek Wastewater Treatment Plant High Rate Clarification Project, for a total fee not to exceed $1,807,131.00. Council Member Moss made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 12 of 18 C-19180 There was presented Mayor and Council Communication No. C- Amendment #6 to 19180 from the City Manager recommending that the City Council CSC #20565 — authorize the City Manager to execute Amendment No. 6 to City Freese & Nichols, Secretary Contract No. 20565 with Freese & Nichols, Inc. for the Inc. Integrated Wet Weather Wastewater Management Program, increasing the agreement amount by $1,100,000.00, thereby increasing the total fee to an amount not to exceed $15,677,315.12. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public Redistricting Plan hearing concerning the proposed City Council Redistricting Plan of July 23, 2002. Mayor Barr asked if there was anyone present desiring to be heard. Velia Lopez Ms. Velia Lopez, 2506 NW 26th, representing the Communities of Interest Redistricting Committee, appeared before Council and stated that the 10/1 plan would have been a better choice. Libby Willis Ms. Libby Willis, 2300 Primrose, appeared before Council and stated that the current redistricting plan was not comprehensive in scope and still had the Riverside area separated into three Council districts. She added that the Riverside community would best be served by being within one Council district. Rick Herring Mr. Rick Herring, 2501 Daisy Lane, appeared before Council and provided three options for redistricting of the Riverside area. Mayor Barr stated that today and for the next two weeks, Council would receive comments relative to the Redistricting Plan proposed by the Council at the July 23, 2002 Redistricting Workshop. He added that the plan had been posted on the City's website, forwarded to neighborhood organizations via the Internet, and was also available in the City Secretary's Office and the Action Center. Mayor Barr further emphasized that much energy and time had been devoted by the City Council over the last year in an effort to develop a plan to please everyone by addressing their concerns and interests. However, no such plan existed or was even possible that addressed all the diverse interests expressed in this process. He continued by stating there had been numerous public hearings and heard many opinions that were conflicting in nature and mutually exclusive, but that Council had listened and tried to address some part of each concern presented. He said that Mayor Pro tempore McCloud defined this CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 13 of 18 plan as the "Great Compromise", which was apropos; no one interest group could be accommodated completely; Council attempted to address each concern as much as possible and, as a result, the diverse interest groups were only partly accommodated. He stated that the merits of the plan were that all districts would achieve 100 percent contiguity; districts are as compact as possible; most district boundaries followed major thoroughfares, railroad lines, the river, and other geographic boundaries; population deviations were within a 10 percent band, being minus 4.54 percent to plus 5.21 percent; allowances were made for growth in districts where it could be anticipated; voting strengths of racial and language minorities had been preserved or enhanced; that there was opportunity for two predominately African-American districts and two majority Hispanic districts; and that only six neighborhood associations were split compared with thirteen splits in the current plan. Mayor Barr ended his comments by stating that there was almost something for every group in this plan. He continued the public hearing until August 8, 2002. Public Hearing It appeared that the City Council, at its meeting of July 23, 2002, 760 Samuels continued the public hearing for the Appeal of the Order of the Avenue Building Standards Commission regarding 760 Samuels Avenue and rear structure. 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 located 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. Joseph Yammin Mr. Joseph Yammin, 1701 Grand Avenue, appeared before Council in opposition of the civil penalty. He stated that repair to the structure had been completed and that he had already paid $17,600.00 in back taxes owed on this property. He added that he was repairing several homes in the City and had requested the Building Standards Commission provide him additional time to complete repairs to this structure, but the extension was not granted. Council Member Davis stated that this case was initiated September 1999. She added that the City did not need to get into the business of encouraging people to purchase property CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 14 of 18 requiring repairs, and then let the structures remain in disrepair for a few years until the owner has sufficient resources for the repair. She stressed that people who purchase such properties must have the finances to bring the property up to standard in a timely manner. 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 closed and that Council uphold the decision of the Building Standards Commission by assessing a civil penalty of $4,000.00. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Haskin, Picht, Wentworth, and Davis NOES: Council Members Lane, Silcox, and Moss ABSENT: None Public Hearing It appeared that the City Council set today as the date for the first Proposed public hearing for the proposed annexation of 171.805 acres of Annexation of land; being a tract of land situated in the Texas & Pacific Railroad 171.805 Acres of Company No. 29 Survey, Abstract No. 1568 and the Alexander, Land Out of Crain, Harris & Brooks Survey, Abstract No. 55, Tarrant County, Texas & Pacific Texas, being a portion of that same tract of land (Tract 1) as Railroad Co. #29 described in deed to Hicks Road Investors, Ltd., Tarrant County, Survey and Texas (Annexation Case No. AX-02-0004). Mayor Barr asked if Alexander, Crain, there was anyone present desiring to be heard. Harris & Brooks Survey Ms. Cathy Davidson, representing the Development Department, (AX-02-0004) appeared before the City Council, presented a staff report and advised Council that staff should be directed to publish notice setting August 13, 2002, as the second public hearing. There being no one present desiring to be heard in connection with the first public hearing for the proposed annexation of 171.805 acres of land; being a tract of land situated in the Texas & Pacific Railroad Company No. 29 Survey, Abstract No. 1568 and the Alexander, Crain, Harris & Brooks Survey, Abstract No. 55, Tarrant County, Texas, being a portion of that same tract of land CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 15 of 18 (Tract 1) as described in deed to Hicks Road Investors, Ltd., Tarrant County, Texas (Annexation Case No. AX-02-0004), Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the first public hearing be closed and that the second public hearing be set for August 13, 2002. The motion carried unanimously. Zoning Hearing It appeared to the City Council that Notice of Public Hearing set today as the date for the 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 July 18, 2002. Mayor Barr asked if there was anyone present desiring to be heard. ZC-02-109 Council Member Picht made a motion, seconded by Council Approved Member Silcox, that the application of Basswood Park, LP for a change in zoning of property located in the 6700 through 7400 Block of U.S. Highway 377 from "Unzoned" and "C" Medium Density Multi-Family to "A-5" One-Family, Zoning Docket No. ZC- 02-109, be approved. Council Member Haskin inquired if potential property owners would be notified that their homes would abut the railroad tracks and if the development had access to the Park Glen PID. Ottis Lee Mr. Ottis Lee, 1192 Boling Ranch Road, Azle, Texas, representing Civilworks Engineering, responded by stating that the lots adjacent to the track would be lowered and an 8-foot concrete fence built to reduce the noise level. He added that the development would have a homeowners association that would maintain the fence. He also stated that there was no access to the Park Glen PID and that access was through Basswood Boulevard. City Attorney Yett stated that there was not a mechanism through the zoning process to address notification of purchasers of property relative to the railroad track's location adjacent to this development. Mayor Barr stated that the Council needed some understanding of the School District's preferences and advised that it would be helpful for a representative of the school district to present them with information. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 16 of 18 Council Member Wentworth stated that it would be helpful for the City Manager to provide a summary of the size of lots, by size and sector zoned over the past year inasmuch as there appeared to be a preponderance of "A-5" zoning in this area of the City. The motion to approve Zoning Docket No. ZC-02-109 carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Picht, Wentworth, and Davis NOES: Council Member Haskin ABSENT: None There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Picht made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15175 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 JULY 30, 2002 PAGE 17 of 18 Citizen Ms. Brenda Scruggs, 8132 Hosta Way, appeared before Council Presentations and expressed concern with vandalism in the Hulen Heights area Brenda Scruggs as it applied to her residence, and added that she had been subjected to racial profiling. Mayor Barr recognized newly appointed Deputy Police Chief Mike Manning in the Council Chamber. Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:04 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) Howard Construction Company v. City of Fort Worth, Cause No. 342-181282-99; b) Legal issues concerning pending EEOC cases: Cubbage (No. 31A-A1-0195), Cummings (No. 39C-99- 1264), Hopper (No. 310-A1-0036), Milian (No. 310-A1- 0037), Munke (No. 310-A1-0038), Noyes (No. 310-A1- 0039), Weiler (No. 310-A1-0072); c) Legal issues concerning the proposed Mistletoe Heights historic zoning overlay (AC-002-139); d) 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 551.087 of the Texas Government Code; and CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 30, 2002 PAGE 18 of 18 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:10 p.m. Adjournment There being no further business, the meeting was adjourned at 1:10 P.M. k'c'- (e 1J-U-ATJ' fN�-� CITY S CRETARY MAYOR