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HomeMy WebLinkAbout2001/02/13-Minutes-City Council FoRTWORTH CITY COUNCIL MEETING FEBRUARY 13, 2001 Date & Time On the 13th day of February, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 7:06 p.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 Bob Terrell; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Khalil Abdulla, Iman Masjid Hassan of AL Islam. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore McCloud, seconded by Council Member Silcox, the minutes of the regular meeting of February 6, 2001, were approved unanimously. Special Council Member Davis presented a Proclamation for A Day for Presentations Hearts: Congenital Heart Defect Awareness Day to Ms. Erin Gonzales. Ms. Gonzales introduced her daughter Casey Gonzales, who was awaiting a heart transplant, and Jennie Pearson, both diagnosed with congenital heart defects. Ms. Gonzales thanked the Council for the proclamation and expressed appreciation for the recognition of a medical condition that had been overlooked for years. Council Member Davis added that she hoped that Casey and Jennie's presence would remind everyone of the importance of being organ donors. Council Member Silcox presented a Proclamation for Engineers Week to Candace Watkins. Ms. Watkins thanked the Council for the proclamation and accepted it on behalf of Texas Society of Professional Engineers. Announcements Council Member Silcox stated that there had been an editorial in the newspaper that commended the efforts of Assistant City Manager Charles Boswell for the Dell Project. Mr. Silcox also recognized the efforts of Assistant City Manager Mike Groomer, Economic Development Director Tom Higgins, Assistant City Attorney Peter Vaky, and all the City staff who were instrumental in the Dell Corporation Project. He added that he looked forward to CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 2 of 20 this project bringing continued prosperity to the City. Withdrawn from Council Member Davis requested that Mayor and Council Consent Agenda Communication Nos. C-18453 and C-18455 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda, as amended, was adopted unanimously. Ord. # 14512 There was presented Ordinance No. 14512 ordering an election by Calling Election the qualified voters of the City of Fort Worth, Texas, on Saturday, for Mayor and the 5t" day of May 2001, for the purpose of electing the Mayor and City Council Council Members for the City of Fort Worth. Mayor Pro tempore Members on McCloud made a motion, seconded by Council Member Silcox, that May 5, 2001 the ordinance be adopted. The motion carried unanimously. OCS-1190 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1190 from the Office of the City Secretary recommending that the City Council authorize the acceptance of these liability bonds, as follows: PARKWAY CONTRACTOR'S INSURANCE COMPANY Aardvark Contractors/David Hearn Merchants Bonding Company Addison-Harrington, Inc. Western Surety Company Advantage Concrete, Inc. Trinity Universal Insurance Co. All State Paving Old Republic Surety Company Anderson Concrete Construction Utica Mutual Insurance Company B& B Concrete Sawing Hartford Casualty Insurance Co. Jim Bronstad, Inc. Universal Surety of America C. E. G. Construction Company Employers Mutual Casualty Co. C & M Construction dba Charlie & Martha White RLI Insurance Company Can-Fer Construction Company Universal Surety of America Cheyenne Construction Insurors Indemnity Company Collins (Walter) Concrete Construction, Inc. RLI Insurance Company D F W Concrete, Inc. Western Surety Company Diamond "B" Fence &Concrete Co., Inc. Merchants Bonding Company Diaz (Monico) Concrete Western Surety Company Earthcrete dba James Holder Western Surety Company Eiler Construction, Inc. Old Republic Surety Company Ellison Construction Company Western Surety Company Estes Concrete Construction, Inc. State Farm Fire& Casualty Co. Garcia (Narciso) Western Surety Company GUS Construction Western Surety Company Hays (Hubert L.), Inc. Acceptance Insurance Company Hernandez(Armando) RLI Insurance Company J & M Contreras Concrete Western Surety Company JLS Construction Western Surety Company CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 3 of 20 JSM Construction Co., Inc. Western Surety Company Jones (R) Concrete Construction Hartford Casualty Insurance Co. K S Construction dba Kenneth Smethers Construction Company Trinity Universal Insurance Co. Lambrecht(T.J.) Construction, Inc. Continental Casualty Company Landon Banks Custom Homes, Inc. Western Surety Company Legacy Homes, Inc. Western Surety Company Lytle Concrete, Inc. Western Surety Company M 1 Contractors Western Surety Company MCB Enterprises Western Surety Company Mask&Sons Western Surety Company McCaslin-Hill Construction, Inc. Merchants Bonding Company Mendoza Concrete Western Surety Company North Texas Concrete RLI Insurance Company Orand Construction dba Rodney Orand Western Surety Company Paramount Paving Western Surety Company One Way Concrete C.N.A. Surety Osburn Contractors, Inc. United Pacific Insurance Company Pavement Services Corporation Western Surety Corporation Perry Homes Travelers Casualty and Surety Co. Ponder(S.D.) Concrete, Inc. Mid-Century Insurance Company Potter Concrete Co., Inc. Merchants Bonding Company RBR Construction, Inc. Hartford Fire Insurance Company Ratliff Masonry, Inc. Bituminous Casualty, Inc. Rog's Concrete-Texas, Inc. Western Surety Company Rosas (Jacob) Construction Merchants Bonding Company Rudloff(Ray) Amwest Surety Insurance Co. S&C Concrete Contractors Western Surety Company S & M Contractors Western Surety Company S &S Concrete Contractors, Inc. Gulf Insurance Company Schuff Concrete RLI Insurance Company Silvertree Commercial Inc. RLI Insurance Company Stovall Construction, Inc. RLI Insurance Company Striland Construction, Inc. Bituminous Casualty Corporation Tealstone Construction Old Republic Surety Company T.H.P. Contractors, L.C. United Pacific Insurance Company Turcios (Bernardo) Western Surety Company W.A.C. Concrete Construction, Inc. Liberty Mutual Insurance Co. WDD Corporation Western Surety Company W.F. Carter Construction, Inc. XL Specialty Insurance Company Wade Concrete Western Surety Company Walter(Jim) Construction State Farm Fire and Casualty Co. Weisheit(Leroy) Universal Surety of America White-Spunner Construction, Inc. Hartford Accident and Indemnity Wiser Building Services, Inc. (W.N. Cope) Insurors Indemnity Company It was the consensus of the City Council that the recommendation be adopted. OCS-1191 There was presented Mayor and Council Communication No. OCS- Claims 1191 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 4 of 20 injuries to the Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-13151 There was presented Mayor and Council Communication No. G- Res. # 2706 13151 from the City Manager recommending that the City Council Release of adopt Resolution No. 2706 confirming the City Manager's Confidential authorization for the Police and Fire Departments to release Personnel Files confidential personnel files to the City Manager's designees and the City Attorney and/or designees. It was the consensus of the City Council that the recommendation be adopted. G-13152 There was presented Mayor and Council Communication No. G- Temporary 13152 from the City Manager recommending that the City Council Closure of authorize the temporary closure of Mosier Valley Road from House- Mosier Valley Anderson Road to Raider Road from February 12, 2001, until Road December 31, 2001, to facilitate reconstruction of existing portions of Mosier Valley Road and Trinity Boulevard. It was the consensus of the City Council that the recommendation be adopted. G-13153 There was presented Mayor and Council Communication No. G- Assist Owners 13153 from the City Manager recommending that the City Council of San Roe authorize the City Manager to assist the owners of property in the Addition 4000 and 4100 Blocks of Forbes Street, Burton Street, and East Properties to Berry Street and in the 3000 Block of Miller Avenue with filing a File Joint joint application to rezone Block 7R, Lot 5R, San Roe Addition from Application for "PD-327" to "E" Neighborhood Commercial; and to rezone Block Rezoning and 6R, Lots 5, 6, 7 and 8, Block 7R, Lots 1 R, 2R, 3, 4A, 413, 6, 7, 8, 9, 10, Waive Fee 11, 12, and Block 5, Lots 8, 20, and 21 of the San Roe Addition from "PD-327" to "A-5" One-Family Residential and to waive the normal zoning application fee. It was the consensus of the City Council that the recommendation be adopted. G-13154 There was presented Mayor and Council Communication No. G- Verify Historic 13154 from the City Manager recommending that the City Council Sites Tax approve the owners' applications for verification of historic sites Exemption for tax exemption for 2135 Pembroke Avenue, designated as a Historic 2135 Pembroke and Cultural Landmark, and 1959 College Avenue, located in the Avenue and Fairmount Southside Historic District. It was the consensus of the 1959 College City Council that the recommendation be adopted. Avenue G-13155 There was presented Mayor and Council Communication No. G- Authorize 13155 from the City Manager recommending that the City Council: Payment for Acquisition of 1. Authorize the final settlement payment not to exceed CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 5 of 20 0.439 Acres of $1,478,353.86 which sum includes interest to Gramex Commercial Corporation et al, in lieu of proceeding further with litigation Land from on property located at Stardust Drive and Orion Drive and Gramex containing 0.439 acres situated in the City of Irving, County Corporation of Dallas, Texas, part of the J. A. Burdett Survey, Abstract No. 49 and being part of Lot 1, Block 6 (4204 Stardust Drive), Northstar IV, and 2. Authorize the City Manager to accept and record the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. G-13156 There was presented Mayor and Council Communication No. G- Accept Special 13156 from the City Manager recommending that the City Council Warranty Deed approve the acceptance of one special warranty deed on property described as Abstract No. 272, Antonio Castello Survey, Tarrant County, Texas, from Lumbermen's Investment Corporation, required for the construction of a Sanitary Sewer Lift Station located west of Cleburne Road and south of West Risinger Road (DOE 3107), for a total cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. G-13157 There was presented Mayor and Council Communication No. G- Ord. # 14513 13157 from the City Manager recommending that the City Council Sewer System adopt Ordinance No. 14513 increasing the estimated receipts and Revenue Bonds, appropriations in the State Revolving Fund-Sewer in the amount of Series 2001 $8,080,000.00 from available funds for the purpose of funding the construction of improvements to the Wastewater Collection and Treatment Systems. It was the consensus of the City Council that the recommendation be adopted. G-13158 There was presented Mayor and Council Communication No. G- Pooch and Pals 13158 from the City Manager recommending that the City Council Promenade approve the Public Health Department, Animal Services Division's second Pooch and Pals Promenade walk/run to benefit the City's animal shelter. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. Council Member Davis informed the audience that the walk/run would be on March 31, 2001 from 8:00 a.m. to 1:00 p.m. at the Health Department's Animal Services Division, 4900 Martin Street. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 6 of 20 G-13159 There was presented Mayor and Council Communication No. G- Ord. # 14514 13159 recommending that the City Council: Amend Ord. # 7323 Revising 1. Adopt Ordinance No. 14514 amending sections 2, 4, 6, and 7 Exterior of Ordinance No. 7323, as amended, by revising the exterior Boundaries of boundaries of Singlemember District Numbers 2, 4, 6 and 7 Council Districts to incorporate territory annexed by the City of Fort Worth; 2, 4, 6 and 7; and making this ordinance cumulative of all ordinances; Singlemember repealing all ordinances and provisions in conflict herewith; District Map in providing a severability clause; and providing an effective Council Districts date; and 2, 4, 5, 6 and 7 2. Approve amendment of the Singlemember District Map to reflect annexations and disannexations of territory in City Council Districts 2, 4, 5, 6 and 7. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-13160 There was presented Mayor and Council Communication No. G- Res. # 2707 13160 from the City Manager recommending that the City Council Approving adopt Resolution No. 2707 approving condemnation proceedings Condemnation by FW Sports Authority, Inc. to acquire property for local economic Proceedings development purposes, including, but not limited to, the construction of a baseball stadium, parking facilities and other related improvements. City Attorney Yett stated that the first paragraph in the discussion section of the M&C needed to be amended to change "...west of North Main Street..." to "...east of North Main Street...". Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation, be adopted as amended. The motion carried unanimously. G-13161 There was presented Mayor and Council Communication No. G- Res. # 2708 13161 from the City Manager recommending that the City Council Employ Legal authorize the City Manager to retain the firm of Decker, Jones, Council for McMackin, McClane, Hall & Bates, P.C. to represent the cities of Assistance in Fort Worth and Dallas in a condemnation proceeding to acquire the Condemnation leasehold estate of the Hyatt (West Tower) containing CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 7 of 20 of Leasehold approximately 310,376 square feet of land located at D/FW Interest at D/FW International Airport, Tarrant County, Texas, pursuant to Chapter VI, Section 3 of the City Charter, and adopt Resolution No. 2708 fixing in advance, as far as practicable, that the sum to be paid to Decker, Jones, McMackin, McClane, Hall & Bates, P.C. shall not exceed $150,000.00, and that this amount shall be reimbursed by the D/FW International Airport Board. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. P-9285 There was presented Mayor and Council Communication No. P- Purchase of 9285 from the City Manager recommending that the City Council Agriculture authorize the purchase of one agriculture tractor with articulated Tractor boom mower from Dallas Ford New Holland for a cost not to exceed $64,156.00 with payment due 30 days from the date of the invoice and the City takes ownership upon receipt, and freight is not charged. It was the consensus of the City Council that the recommendation be adopted. P-9286 There was presented Mayor and Council Communication No. P- Purchase 9286 from the City Manager recommending that the City Council Agreement for authorize a purchase with R & T Specialty, Inc. to furnish D.A.R.E. D.A.R.E. Tee tee shirts for the Police Department based on the low bid meeting Shirts specifications for a cost of $27,941.33, with payment due 30 days after receipt of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9287 There was presented Mayor and Council Communication No. P- Purchase of 9287 from the City Manager recommending that the City Council Global authorize the purchase of a Global Positioning System with Positioning accessories and software from Trimble Navigation for the System with Engineering Department using the State Catalogue Purchasing Accessories and Procedure for an amount not to exceed $100,200.00 with payment Software due 30 days from the date of invoice. It was the consensus of the City Council that the recommendation be adopted. P-9288 There was presented Mayor and Council Communication No. P- Ord. # 14515 9288 from the City Manager recommending that the City Council: Purchase Agreement for 1. Adopt Appropriation Ordinance No. 14515 increasing the Acquisition of estimated receipts and appropriations in the Water and Woodvale Water, Sewer Operating Fund in the amount of $41,000.00 and in the Inc. Water Capital Project Fund in the amount of $41,000.00 for the purpose of funding the acquisition of Woodvale Water, Inc.; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 8 of 20 2. Authorize the transfer of $41,000.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 3. Authorize the City Manager to purchase Woodvale Water, Inc. for the sum of $41,000.00; and 4. Authorize the acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. P-9289 There was presented Mayor and Council Communication No. P- Purchase 9289 from the City Manager recommending that the City Council Agreement for authorize a purchase agreement with Montague County Individual the Grounds Development Corporation through the Texas Industries for the Maintenance Blind and Handicapped to provide grounds maintenance services for the Parks and Community Services Department with payment due 30 days from the date of invoice and authorize this agreement to begin February 13, 2001, and end February 12, 2002. It was the consensus of the City Council that the recommendation be adopted. L-12990 There was presented Mayor and Council Communication No. L- Authorize 12990 from the City Manager recommending that the City Council Acquisition of authorize the acquisition of seven single-family residences from Properties for the individual owners in conjunction with the Meacham the Meacham International Airport Mitigation Program, find that the prices International offered in the total amount of $350,000.00 is just compensation for Airport the acquisition of the properties, and authorize the acceptance and Mitigation recording of the appropriate instruments. It was the consensus of Program the City Council that the recommendation be adopted. L-12991 There was presented Mayor and Council Communication No. L- Authorize Sale 12991 from the City Manager recommending that the City Council of Tax approve the sale of surplus tax foreclosure properties described as Foreclosure Lot 13, Block 75; Lot 15, Blocks 80 and 98; Lot 10, Blocks 99 and Property 107; and Lot 2, Block 106, Polytechnic Heights Addition, to Neighborhood Housing Services of Fort Worth, Inc. in accordance with Ordinance No. 13533; and authorize the City Manager to execute the appropriate deeds conveying the properties to Neighborhood Housing Services of Fort Worth, Inc., and record the necessary documents. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 9 of 20 L-12992 There was presented Mayor and Council Communication No. L- Release One 12992 from the City Manager recommending that the City Council Water Line release and abandon 3.28 feet of the 25-foot wide water line Easement easement dedicated to the City of Fort Worth by Hillwood/2500, Ltd., Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. L-12993 There was presented Mayor and Council Communication No. L- Lease Space at 12993 from the City Manager recommending that the City Council 3101 Avenue J authorize the City Manager to execute a lease of approximately 300 square feet of office space located at 3101 Avenue J, with United Community Centers to be used by East Division police officers at a cost of $1.00 per year and approve the lease term of one year beginning January 1, 2001, and expiring December 31, 2001, with five options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. L-12994 There was presented Mayor and Council Communication No. L- Accept Land 12994 from the City Manager recommending that the City Council Dedication accept the park dedication of 0.454 acres of land situated in the Z. D. Davis Survey, Abstract No. 1888, City of Fort Worth, Tarrant County, Texas being a part of 20.678 acres of land deeded to Lost Spurs Development Company, Inc., for the Lost Creek Ranch West subdivision. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. L-12995 There was presented Mayor and Council Communication No. L- Accept Land 12995 from the City Manager recommending that the City Council Dedication accept the park dedication of 17.831 acres of land described as Lot 14, Block 23, Abstract No. 265, Jose Chirino Survey, and Abstract No. 649, William Huff Survey — 11.033 acres, and Lot 30, Block 29, Abstract No. 265, Jose Chirino Survey — 6.798 acres, located north of Keller-Hicks Road, west of US Highway 377, south of Caylor Road West and east of Caylor Road North, City of Fort Worth, Tarrant County, Texas that will serve Woodland Springs. Council Member Haskin made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 10 of 20 C-18451 There was presented Mayor and Council Communication No. C- APAC-Texas, 18451 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with APAC-Texas, Inc. in the amount of $1,159,777.08 for 65 working days for hot mix asphalt concrete Surface Overlay 2000-13 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-18452 There was presented Mayor and Council Communication No. C- RPGA Design 18452 from the City Manager recommending that the City Council Group, Inc. authorize the City Manager to execute an agreement with RPGA Design Group, Inc. for a fee of $132,405.00 for the design of Fire Station No. 39 to be constructed at Bryant Irvin Road and Oakmont Boulevard. It was the consensus of the City Council that the recommendation be adopted. C-18453 There was presented Mayor and Council Communication No. C- Komatsu 18453 from the City Manager recommending that the City Council Architecture, authorize the City Manager to execute an agreement with Komatsu Inc. Architecture, Inc. for a fee of$202,828.00 including special services and expenses for the design of Fire Station No. 8. Council Member Davis asked that staff contact Komatsu Architecture, Inc. representatives and request they meet with the residents in the neighborhood to address any concerns relative to this structure. She made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. C-18454 There was presented Mayor and Council Communication No. C- Ed A. Wilson, 18454 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Ed A. Wilson, Inc. in the amount of $100,327.90 and 45 working days for Capital Improvement Program Intersection Improvements on Henderson Street from Pennsylvania Avenue to West Rosedale Street. It was the consensus of the City Council that the recommendation be adopted. C-18455 There was presented Mayor and Council Communication No. C- Continued Until 18455 from the City Manager recommending that the City Council: February 27, 2001 1. Authorize the City Manager to transfer $232,894.00 from the CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 11 of 20 Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $202,082.00 and the Sewer Capital Project Fund in the amount of $30,812.00; and 2. Adopt a proposed appropriation ordinance increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $202,082.00 and in the Sewer Capital Project Fund in the amount of $30,812.00 from available funds for the purpose of funding a contract with McClendon Construction Company, Inc. for pavement reconstruction and water and sanitary sewer replacements on Lipscomb Street (Magnolia to Ingram, Lipscomb (Magnolia to Jessamine), West Cantey Street (5t to College); West Lowden Street (Adams to Hemphill), and South Adams Street (West Jessamine to Elizabeth); and 3. Authorize the City Manager to execute a contract with McClendon Construction Company, Inc. in the amount of $1,091,325.75 for pavement reconstruction and water and sanitary sewer replacements on Lipscomb Street (Magnolia to Ingram), Lipscomb Street (Magnolia to Jessamine), West Cantey Street (5t" to College); West Lowden Street (Adams to Hemphill), and South Adams Street (West Jessamine to Elizabeth). Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that this issue be continued until February 27, 2001 to allow her time to meet with staff and the neighborhood representatives to discuss construction in this area. The motion carried unanimously. C-18456 There was presented Mayor and Council Communication No. C- Dunaway and 18456 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute an engineering agreement with Dunaway and Associates, Inc. in the amount of $509,997.13 for the Sanitary Sewer Main 1-1-1 Condition Assessment and Drainage Area Evaluation Study. It was the consensus of the City Council that the recommendation be adopted. C-18457 There was presented Mayor and Council Communication No. C- Ord. # 14516 18457 from the City Manager recommending that the City Council: Conatser Construction, 1. Authorize the transfer of $298,768.00 from the Water Inc. Operating Fund to the Water Capital Project Fund; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 12 of 20 2. Adopt Appropriation Ordinance No. 14516 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount if $298,768.00 from available funds for the purpose of funding a contract with Conatser Construction, Inc. for Water Replacement Contract 9911; and 3. Authorize the City Manager to execute a contract with Conatser Construction, Inc. in the amount of $265,571.00 and 60 working days for Water Replacement Contract 9911. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-18458 There was presented Mayor and Council Communication No. C- Bracy Williams 18458 from the City Manager recommending that City Council & Company authorize the City Manager to enter into a Federal Consultant Contract with Bracy Williams & Company for three months beginning retroactively to February 1, 2001, and ending April 30, 2001, for an amount not to exceed $48,351.00. Council Member Silcox expressed concerns relative to the length of time the City had utilized this company for consulting services. Mayor Barr responded by stating that the contract was being extended to allow the City to pursue a search for other consulting firms. Mayor Pro tempore McCloud made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. Z-00-103 It appeared that the City Council at its meeting of December 19, Continued Until 2001, continued the hearing of the application of Texas Housing & March 20, 2001 Economic Resources by H. Dennis Hopkins for a change in zoning of property located in the 4900 Block of Glen Eden from "C" Multi- Family and "F" Commercial to "A-5" One-Family, Zoning Docket No. Z-00-103. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be continued until March 20, 2001. The motion carried unanimously. Z-00-135 It appeared that the City Council at its meeting of January 9, 2001, Approved continued the hearing of the application of Quadrant North, LP & CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 13 of 20 Lazy, Inc. by Carter & Burgess for a change in zoning of property located at the Northwest Corner of North Tarrant Parkway and Southwest Park Vista Boulevard from "C" Multi-Family, "FR" Restricted Commercial, "E" Commercial and "R1" Residential to "A-5" One-Family, "C" Multi-Family and "CF" Community Facilities, Zoning Docket No. Z-00-135. Council Member Haskin requested that Mr. Hopkins brief the Council on the zoning change and development of this area. H. Dennis Mr. H. Dennis Hopkins, 6850 Manhattan Blvd. #406, representing Hopkins the developer, appeared before Council and provided a description of the area as it was currently zoned, the requested zoning change, and the planned development if the zoning change was approved. He added that the zoning change provided the benefit of a reduction of multi-family units, population, and vehicle traffic and respectfully requested Council approval of the change. Council Member Haskin stated that the development did not comply with the Comprehensive Plan and requested that Council either deny the request for a change in zoning and have the developer return to Council with plans that complied with the Comprehensive Plan, or to return the case to the City Zoning Commission for correction. Mr. Hopkins stated that this case had been continued on two previous occasions and that the contractor had attempted to satisfy all the requirements of the Comprehensive Plan. He added that the requested change was a reduction in the amount of land currently zoned for multi-family dwelling units and a reconfiguration of the current zoning boundaries would allow for a park to abut the single-family on the north, and across from the single-family on the east side. Mr. Jesse Torres, representing the Planning Department, appeared before Council and provided clarification of the zoning change. He added that the minor adjustment accommodated reconfiguration of "C" Multi-Family zoning. Council Member Haskin made a motion, seconded by Council Member Davis, that the application be returned to the City Zoning Commission for correction. Donald Mr. Donald Silverman, a managing principle for the development, Silverman appeared before Council and stated that the requested change was CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 14 of 20 a much better use of the area. He added that if the requested zoning change was denied that the area would be developed as it was currently zoned. The motion failed by the following vote: AYES: Council Members Lane, Haskin, and Davis NOES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Moss, Picht, and Wentworth ABSENT: None Council Member Silcox made a motion, seconded by Council Member Moss, to approve the application of Quadrant North, LP & Lazy, Inc. by Carter & Burgess for a change in zoning of property located at the Northwest Corner of North Tarrant Parkway and Southwest Park Vista Boulevard from "C" Multi-Family, "FR" Restricted Commercial, "E" Commercial and "R1" Residential to "A-5" One-Family, "C" Multi-Family and "CF" Community Facilities, Zoning Docket No. Z-00-135. Council Member Haskin made a substitute motion, seconded by Council Member Davis, to deny the application of Quadrant North, LP & Lazy, Inc., Zoning Docket No. Z-00-135 without prejudice. The motion failed by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Haskin, and Davis NOES: Mayor Barr; Council Members Lane, Silcox, Moss, Picht, and Wentworth ABSENT: None Mr. Silcox's motion 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 CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 15 of 20 Z-00-159 It appeared that the City Council at its meeting of January 9, 2001, Continued Until continued the hearing of the application of C & G Development March 20, 2001 Partners by H. Dennis Hopkins for a change in zoning of property located at the Northeast Corner of Alta Vista Road/Keller Haslet from Unzoned to "A-5" One-Family and "A-7.5" One-Family, Zoning Docket No. Z-00-159. Council Member Lane made a motion, seconded by Council Member Moss, that the hearing be continued until March 20, 2001. Council Member Davis informed Council that she had a conflict of interest with this case, that she would file a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting on this issue. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Picht, and Wentworth NOES: None ABSENT: None NOT VOTING: Council Member Davis It appeared to the City Council that Resolution No. 2699 was adopted on January 9, 2001, setting 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 January 24, 2001. Mayor Barr asked if there was anyone present desiring to be heard. Z-00-129 Council Member Haskin stated that she had met with the SP-01-001 neighborhood association and asked that the applicant respond to Approved their concerns relative to appearance and maintenance of the landscaping and property. Yasin Ali Master Mr. Yasin Ali Master, 10330 Harry Hines Blvd., and his brother, Mahboov Ali Master, appeared before Council and stated that they CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 16 of 20 had met with the Ryanwood Neighborhood Association. He assured them that the building's exterior would remain white, that although an automatic irrigation system would not be installed the landscaping would be watered frequently and in place prior to the Certificate of Occupancy being issued and that tire repair and storage of vehicles would not occur at the location. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the application of Yasin Ali Master for a change in zoning of property located at 1717 East Loop 820 from "PD-156" Planned Development/Specific Use for all uses in "E" Commercial plus outdoor auto detailing and cellular phone installation to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial plus tire sales and service, Zoning Docket No. Z-00-129 and Site Plan No. SP-01-001, be approved. The motion carried unanimously. Z-00-142 Mr. Hady Aghili, 514 Fox Glenn, Southlake, Texas, appeared before Approved Council and informed Council that he had addressed all the Tract A & B concerns from residents of the neighborhood relative to leaks, Hady Aghili gasoline spillage, and light design. He added that he had entered into a contract with the neighborhood relative to the development of the property. Clyde Jordan Mr. Clyde Jordan, 6325 Cahoba Drive, appeared before Council and stated that development around Lake Worth was a delicate and difficult matter. He added that Mr. Aghili was very responsive to their concerns. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the application of Hady Aghili and Jerry L. Barton for a change in zoning of property located in Tract A and B of the 7000 Block of Cahoba Drive from "A-5" One-Family to "F" Commercial, Zoning Docket No. Z-00-142, be approved. The motion carried unanimously. Z-00-142 Council Member Wentworth made a motion, seconded by Council Tract C Member Silcox, that the application of Hady Aghili and Jerry L. Denied Without Barton for a change in zoning of property located in Tract C of the Prejudice 7000 Block of Cahoba Drive from "A-5" One-Family to "F" Commercial, Zoning Docket No. Z-00-142, be denied without prejudice. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 17 of 20 Z-00-143 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of Marshall Tillman for a change in zoning of property located at 3600 Crestline Road and 3601 Watonga Avenue from "C" Multi-Family to "PD/SU" Planned Development/Specific Use for the following specific uses, Zoning Docket No. Z-00-143, be approved. 1. Museum or Cultural Facility 2. Professional Offices 3. Antique Shop 4. Book, Stationery Store 5. Clothing/Wearing Apparel Store 6. Furniture Sales, New in a Building 7. Photograph/Portrait or Camera Shop 8. Retail Sales/Jewelry/Art 9. Studio/Art Photography and approval shall be subject to the following as shown in the case file on record in the Development Department: 1. Provision of a 2' high brick wall with up to 3' high wrought iron fence, along Montgomery Street (height not to exceed 4' on Crestline Road and Watonga Street) with brick/rock painted the same color as the buildings; and 2. Provide a 6' Cedar Wooden Fence along the west property line; and 3. Provide a 4' high masonry metal rail wall along the frontage of lot 8 and on the west property line within the required front yard; and 4. Entry off Montgomery Street and Exit on Crestline Road, with T.P.W. approval; and 5. No vehicle access along Watonga Street; and 6. Landscaping islands as indicated; and 7. Provision of trees within the Montgomery Street ROW subject to City Forester approval. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 18 of 20 The motion carried unanimously. Z-00-163 It appeared to the City Council that Resolution No. 2699 was Ord. # 14517 adopted on January 9, 2001 setting today as the date for the Text hearing in connection with Zoning Docket No. Z-00-163, Text Amendment Amendment establishing regulations concerning permitted sizes Approved for attached on-premises signs. Mayor Barr asked if there was anyone desiring to be heard. There being no one else desiring to be heard in connection with the Test Amendment establishing regulations concerning permitted sizes for attached on-premises signs, Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that Zoning Docket No. Z-00-163 be adopted and that the following ordinance be approved: ORDINANCE NO. 14517 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, ESTABLISHING REGULATIONS CONCERNING PERMITTED SIZES FOR ATTACHED ON-PREMISES SIGNS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. In response to Council Member Silcox's question regarding if the Board of Adjustment would still be allowed to grant exceptions to the limitations of the 500 square feet, the answer was the Board could continue to grant such exceptions. The motion carried unanimously. Z-00-165 Council Member Haskin made a motion, seconded by Council Approved Member Picht, that the application of Hillwood Development Corp. by Carter & Burgess for a change in zoning of property located in the 10200-10300 Blocks of Old Denton Road from "Unzoned" to "J" Medium Industrial, Zoning Docket No. Z-00-165, be approved. The motion carried unanimously. Z-01-001 Council Member Davis recommended that the zoning be changed Approved to "PD/SU" Planned Development/Specific Use which permitted the sale of wine and beer at the restaurant, but would prevent a liquor CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 19 of 20 store or pawn shop from operating at this location should the business not succeed. She asked the applicant of the property to respond. M. D. Saldana Mr. M. D. Saldana, 1220 Crockett Drive, Burleson, Texas, representing the applicant, stated that he did not object to Ms. Davis' recommended change to PD/SU zoning. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the application of Dave Beckman by Monsels D. Saldana for a change in zoning of property located at 1175 East Seminary Drive from "FR" Restricted Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Commercial, with the exclusion of a liquor store and pawn shop, Zoning Docket No. Z-01-001, with waiver of site plan recommended, be approved. The motion carried unanimously. Z-01-005 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of Calmont Partners, Ltd. by Dunaway Associates, Inc. for a change in zoning of property located in the 5700 Block of Malvey Avenue and Calmont Avenue (1-30) from "B" Two-Family to "E" Commercial, Zoning Docket No. Z-01-005, be approved. The motion carried unanimously. Z-01-006 Council Member Davis asked that the applicant clarify his response Approved to the City Zoning Commission regarding the installation of a screening fence on the property. Tim Hammons Mr. Tim Hammons, 3453 McCart, appeared before Council and stated that he would install a screening fence on the property. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the application of Timothy and Sandra Hammons for a change in zoning of property located at 3461 McCart Avenue from "E" Commercial to "FR" Restricted Commercial, Zoning Docket No. Z-01-006, be approved. The motion carried unanimously. Z-00-124 Council Member Moss made a motion, seconded by Mayor Pro Denied Without tempore McCloud, that the application of Waterchase Land Prejudice Partners by H. Dennis Hopkins for a change in zoning of property located in the 8900 Block of Creek Run Road from "F" Commercial to "C" Multi-Family, Zoning Docket No. Z-00-124, be denied without prejudice. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 13, 2001 PAGE 20 of 20 Z-01-004 Council Member Moss made a motion, seconded by Council Denied Without Member Silcox, that the application of Casimiro Gutierrez for a Prejudice change in zoning of property located at 3100 Jimisons Lane from "MH" Mobile Home to "I" Light Industrial, Zoning Docket No. Z-01- 004, be denied without prejudice. The motion carried unanimously. There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Moss made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 14518 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 C7 T RUC T URES, T HE SIZE OF YARDS AND O 1 HCR OPCN 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. Adjournment There being no further business, the meeting was adjourned at 8:26 p.m. &4 t' 1`Q L1- Lei, CITY SECRETARY MAYOR