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HomeMy WebLinkAbout2001/07/17-Minutes-City Council CITY COUNCIL MEETING JULY 17, 2001 Date & Time On the 17th day of July, A.D., 2001, the City Council of the City of Fort Worth, Texas, met in regular session at 10:11 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, and Jeff Wentworth; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Members Jim Lane and Wendy Davis were absent. With more than a quorum present, the following business was transacted. Invocation The invocation was given by Pastor Gary Oliver, Tabernacle of Praise. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore McCloud, seconded by Council Member Wentworth, the minutes of the regular meeting of July 10, 2001, were approved unanimously. Special Ms. Lorie Hicks, Artistic Director of Kids Who Care, recognized Presentations foreign exchange students that were participating in Kids Who Care. Representatives from the different countries addressed the Council and expressed their appreciation to their hosts, Fort Worth, and Kids Who Care for the opportunity to visit the U.S. The children sang "Crossing Over" which was specifically written for Fort Worth. Ms. Jane Bass, Chairwoman of Nagoaka Committee for Fort Worth Sister Cities International, introduced students of the Harashin Scholar Program. A student presented the Council with a gift from Nagaoka and stated that they were happy to be in the United States. Mayor Pro tempore McCloud presented a Proclamation for Recreation and Parks Month to Ms. Jennifer Harnish, Chair of the Parks and Community Services Advisory Board. City Manager Jackson introduced Ms. Angelika Weber and Ms. Nadine Krepstakis from Germany who were interning with the City of Fort Worth. Ms. Weber presented a gift to the Council from Germany and thanked them for the internship opportunity. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 2 of 32 Announcements Mayor Barr stated that after the census the City started the process of redistricting and seeking citizen involvement and comment. He added that the first redistricting meeting was held in Districts 8 and 9. He added that the next meetings would be held on July 23, 2001 at the Handley-Meadowbrook Community Center, 6201 Beaty; July 24, 2001 at Trinity Valley School Auditorium, 7500 Dutch Branch Road at Bryant Irvin; and July 30, 2001 at North Fort Worth Baptist Church, 5800 Old Denton Road. Each meeting would have two sessions with the first session starting at 5:00 p.m. being an information session where citizens could obtain information on redistricting; the second would start at 7:00 p.m. and would be a public opinion session, with members of Council and staff present to answer questions. Mayor Barr advised citizens that a redistricting citizens guide had been printed in English and Spanish and could be picked up in the City Secretary's Office, and that GIS computers were now operating at the Central Library and both Regional Libraries. Citizens requiring further information should call (817) 871-7371. Mayor Pro tempore McCloud announced that there would be Public Information Meetings regarding the adaptive re-use of the Modern Art Museum tonight at 7:00 p.m. at the Southside Community Center and Wednesday, July 18, 2001 at 7:00 p.m. at the Modern Art Museum. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication Nos. P-9419, P-9423, and C-18667 be withdrawn from the consent agenda Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication Nos. G-13264, G-13313, P-9419, and C-18667 be Staff continued for one week. Consent Agenda On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the consent agenda, as amended, was adopted unanimously. Reappointment Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that Ms. Wyntress Ware be reappointed to the Tarrant County 911 District Board. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 3 of 32 Res. # 2752 There was presented Resolution No. 2752 concerning construction Construction of of a Traffic Roundabout at the intersection of University Drive, Traffic Camp Bowie Boulevard, West Seventh Street and Bailey Avenue. Roundabout at Council Member Wentworth made a motion, seconded by Mayor University Dr., Pro tempore McCloud, that the resolution and the attachment be Camp Bowie adopted. The motion carried by the following vote: Blvd., W. Seventh St. & AYES: Mayor Barr; Mayor Pro tempore McCloud; Bailey Ave. Council Members Haskin, Moss, Picht, and Wentworth NOES: Council Member Silcox ABSENT: Council Members Lane and Davis OCS-1225 There was presented Mayor and Council Communication No. OCS- Claims 1225 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1226 There was presented Mayor and Council Communication No. OCS- Res. No. 2753 1226 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 2753 setting the regular zoning Zoning Hearing hearing for August 14, 2001. Council Member Moss made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-13264 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-13264, dated June 5, 2001, Ordinance One Week Adjusting the Authorized Civil Service Staffing in the Fire Department by Adding One Fire Lieutenant Position, be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 4 of 32 G-13302 There was presented Mayor and Council Communication No. G- Ord. # 14696 13302 from the City Manager recommending that the City Council: Amend Fair Housing 1. Authorize the City Manager to accept an amendment to the Assistance FY2000 Fair Housing Assistance Program Cooperative Program Agreement between the Human Relations Commission and Cooperative the U.S. Department of Housing and Urban Development Agreement (HUD) to include an additional $150,000.00 for education and between Human outreach programs, thereby increasing the amount to be Relations paid to the Human Relations Commission from $186,224.00 Commission and to $336,224.00; and U.S. Dept. of HUD 2. Adopt Appropriation Ordinance No. 14696 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $150,000.00 from available funds for the purpose of funding an amendment of the agreement with the U.S. Department of Housing and Urban Development for the Fair Housing Initiative Program. It was the consensus of the City Council that the recommendation be adopted. G-13303 There was presented Mayor and Council Communication No. G- Ord. # 14697 13303 from the City Manager recommending that the City Council Amend Fort adopt Ordinance No. 14697 amending the Code of the City of Fort Worth City Code Worth (1986), as amended, by the amendment of Chapter 2 to Provide for "Administration," by adding a new Article X "Equipment Services". Equipment It was the consensus of the City Council that the recommendation Services Dept. be adopted. G-13304 There was presented Mayor and Council Communication No. G- Ord. # 14698 13304 from the City Manager recommending that the City Council Amend Fort adopt Ordinance No. 14698 amending the Code of the City of Fort Worth City Code Worth (1986), as amended, by the amendment of Appendix B to Provide for "Department of City Services", by renaming such Appendix Code "Department of Code Compliance", by deleting Article I in its Compliance entirety, by providing a new Article I "In General", by the Dept. amendment, in part, of Section 11A-6 "Authorization", Section 11A-7 "Definitions", definition of "Director", and Section 11A-24 "Miscellaneous Sanitation Nuisances", Subsection 6). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 5 of 32 G-13305 There was presented Mayor and Council Communication No. G- Ord. # 14699 13305 from the City Manager recommending that the City Council Amend Fort adopt Ordinance No. 14699 amending the Code of the City of Fort Worth City Code Worth (1986), as amended, by the amendment of Chapter 12.5 to Provide that "Environmental Protection and Compliance", Section 12.5-100 Solid Waste "Purpose", Subsection (a), Section 12.5-103 "Definitions", the Division Be definition of "Recycling Container", Section 12.5-107 "Authority of Made an Director of Environmental Management", Subsections (a)(9), Environmental (a)(10)(C), (a)(10)(D), and (b)(3), Section 12.5-111 "Enforcement Management Options" Subsections (a) and (b), Section 12.5-800 "Definitions", Division the definition of "Director", Section 12.5-801 "Administration and Enforcement", Section 12.5-831 "Commercial Waste Containers", and Section 12.5-851 "Privilege Agreement Application", Subsection (b)(6). It was the consensus of the City Council that the recommendation be adopted. G-13306 There was presented Mayor and Council Communication No. G- Local Law 13306 from the City Manager recommending that the City Council Enforcement authorize the City Manager to enter into a (disparity) funding Block Grant agreement with Tarrant County for the 2001 Local Law Disparity Enforcement Block Grant and approve contracts with Tarrant Agreement— County in the amount of $162,804.00 for support of the Adult Drug Year 6 Treatment Court and for continuation of the Mental Health Liaison Program for $40,000.00. It was the consensus of the City Council that the recommendation be adopted. G-13307 There was presented Mayor and Council Communication No. G- Ord. # 14700 13307 from the City Manager recommending that the City Council: Accept Funds for CSBG Through 1. Authorize the City Manager to accept funds in the amount of TDHCA $123,300.00 from the Texas Department of Housing and Community Affairs (TDHCA) for the year 2001 Community Services Block Grant (CSBG) program; and 2. Adopt Appropriation Ordinance No. 14700 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $123,300.00 upon receipt of the funds from the Texas Department of Housing and Community Affairs for the purpose of funding the 2001 Community Services Block Grant Program; and CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 6 of 32 3. Apply indirect cost rates in accordance with the City's Administrative Regulations 3-15, at a rate of 17.76 percent, which represents the most recently approved rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. G-13308 There was presented Mayor and Council Communication No. G- Reduction of Tax 13308 from the City Manager recommending that the City Council Abatement find that Minyard Food Stores, owned by Minyard Food Stores, Inc. Percentage in and Minyard Properties, Inc. is in default of commitments made in Tax Abatement its tax abatement agreement with the City (City Secretary Contract Agreement with No. 22814); authorize the City Manager to reduce the percentage Minyard Food amount of taxes to be abated from 75 percent to 55 percent for the Stores 2001 tax year; and direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. Council Member Silcox made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. G-13309 There was presented Mayor and Council Communication No. G- Reduction of Tax 13309 from the City Manager recommending that the City Council Abatement find that Southwest Office Systems, owned by Puente Brothers Percentage in Investments, LLC is in default of commitments made in its tax Tax Abatement abatement agreement with the City (City Secretary Contract No. Agreement with 21790); authorize the City Manager to reduce the percentage Southwest Office amount of taxes to be abated from 75 percent to 65 percent for the Systems 2001 tax year; and direct the City Manager to notify the Tarrant Appraisal District of the reduction in percentage amount of taxes to be abated. Council Member Silcox made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-13310 There was presented Mayor and Council Communication No. G- Reduction of Tax 13310 from the City Manager recommending that the City Council Abatement find that Star Uniform Rental Company, Inc. (Star Uniform), owned Percentage in by CCC Investments, is in default of commitments made in its tax Tax Abatement abatement agreement with the City (City Secretary Contract No. Agreement with 20757); authorize the City Manager to reduce the percentage Star Uniform amount of taxes to be abated from 100 percent to 30 percent for Rental Company, the 2001 tax year; and direct the City Manager to notify the Tarrant Inc. Appraisal District of the reduction in percentage amount of taxes CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 7 of 32 to be abated. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-13311 There was presented Mayor and Council Communication No. G- Waiver of Zoning 13311 from the City Manager recommending that the City Council Application Fee authorize a waiver of the $750.00 application fee for a zoning for 1812 Portland change for Block 8, Lot 8, (1812 Portland Street), Greenway Place Street Addition. Mayor Pro tempore McCloud made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. G-13312 There was presented Mayor and Council Communication No. G- Res. # 2754 13312 from the City Manager recommending that the City Council: Participation in City of Denton, 1. Adopt Resolution No. 2754 authorizing continued vs. Texas participation of the City of Fort Worth in the cause of action Utilities styled City of Denton, Texas vs. Texas Utilities Company Company and Lone Star Gas Company or such other causes of action Lawsuit as the "Steering Committee of Cities Participating in the TXU Franchise Litigation" may determine; seeking delinquent franchise fees from Texas Utilities Company ("TXU"), Lone Star Gas and other entities associated with TXU; and authorizing the increase in expenditure of funds for attorney and expert witness fees and other costs associated with such litigation; and 2. Authorize payment of $123,809.50 on or before August 1, 2001, to the Treasurer of the "Steering Committee of Cities Participating in the TXU Franchise Litigation". Council Member Moss advised Council that he had a conflict on this issue, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 8 of 32 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Picht, and Wentworth NOES: None ABSENT: Council Members Lane and Davis NOT VOTING: Council Member Moss G-13313 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-13313, Adoption of Contribution Rates for One Week Employee and Retiree Group Health Benefits Plan Participants for the FY-2001-2002 Plan Year, be continued for one week. G-13314 There was presented Mayor and Council Communication No. G- Res. # 2755 13314 from the City Manager recommending that the City Council: Ord. # 14701 Ord. # 14702 1. Adopt Resolution No. 2755 certifying the availability of Certify $21,250.00 in City funds for the purpose of paying 25 Availability of percent of the cost of the installation of an Automated City's Share of Weather Observing System at Fort Worth Spinks Airport; Installation and Costs for an Automated 2. Authorize the City Manager to accept, if offered, a grant Weather from the Texas Department of Transportation for an Observing Automated Weather Observing System in the amount of System $63,750.00; and 3. Adopt Appropriation Ordinance No. 14701 increasing the estimated receipts and appropriations in the Capital Projects Reserve Fund in the amount of $21,250.00 from available funds for the purpose of funding the installation of an Automated Weather Observation System at Spinks Airport; and 4. Approve the transfer of $21,250.00, which represents the City's 25 percent matching share, from the Capital Projects Reserve Fund to the Grants Fund, contingent upon receipt of the grant from the Texas Department of Transportation; and CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 9 of 32 5. Adopt Appropriation Ordinance No. 14702 increasing the estimated receipts and appropriations in the Grants Fund in the amount of $85,000.00 upon receipt of the grant from the Texas Department of Transportation for the purpose of funding the installation of an Automated Weather Observation System at Spinks Airport. Mayor Pro tempore McCloud made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. G-13315 There was presented Mayor and Council Communication No. G- Ord. # 14703 13315 from the City Manager recommending that the City Council Moratorium on adopt Ordinance No. 14703 establishing a 90-day moratorium on Acceptance of the acceptance of applications for Planned Development Zoning Applications for for the drilling and production of oil and gas pending Planned consideration of the adoption of oil and gas drilling and Development production regulations, providing an appeal procedure. Council Zoning for the Member Silcox made a motion, seconded by Council Member Drilling and Wentworth, that the M&C and ordinance be amended to reflect a Production of Oil 56-day moratorium, with the date that the ordinance should and Gas continue to be in effect changed to September 11, 2001. The motion carried unanimously. P-9415 There was presented Mayor and Council Communication No. P- Q2K Urban 9415 from the City Manager recommending that the City Council Assault, Level authorize the sole source purchase of ten Q2K Urban Assault, IIIA Ballistic Level IIIA ballistic vests from Frontline Tactical Systems, Inc. for Vests the Police Department based on a total bid not to exceed $14,000.00; freight included to the receiving point, and payment due 30 days from the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9416 There was presented Mayor and Council Communication No. P- Hydrated Lime 9416 from the City Manager recommending that the City Council authorize a purchase agreement for hydrated lime with Texas Lime Company for the Water Department based on the sole bid received of $69.87 per ton; freight included in the unit price when more than 24 tons are delivered; payment due 30 days from receipt of the invoice; and authorize the agreement to begin July 17, 2001, and expire July 16, 2002, 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 17, 2001 PAGE 10 of 32 P-9417 There was presented Mayor and Council Communication No. P- Software, 9417 from the City Manager recommending that the City Council Hardware, authorize the purchase of software, hardware, software annual Training, support, systems installation services, maintenance and user Installation and training from Class Software Solutions Ltd. for the Parks and Maintenance Community Services Department using the State of Texas Catalogue purchasing procedures for an estimated cost of $237,755.00; authorize financing of the software licenses for 60 months and a portion of hardware associated with the project for 36 months through IBM Credit Corporation for a cost of financing not to exceed $17,491.00 and utilizing State of Texas Catalogue purchasing procedures; and authorize this software annual support and training agreement to begin October 1, 2001, and expire September 30, 2002, with options to renew for four successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9418 There was presented Mayor and Council Communication No. P- Parts and 9418 from the City Manager recommending that the City Council Services to authorize the purchase of parts and services to rebuild two 1985 Rebuild Fire LTI 75-foot Quint Fire Trucks from LTI Ladder Towers, Inc. for the Trucks Fire Department based on documented sole source for an amount not to exceed $847,202.00, FOB destination with payments due after March 1, 2002. It was the consensus of the City Council that the recommendation be adopted. P-9419 It was the consensus of the City Council that Mayor and Council Continued for Communication No. P-9419, Purchase of a New Toyota Prius One Week Hybrid Electric Car from the Houston-Galveston Area Council for the Environmental Management Department, be continued for one week. P-9420 There was presented Mayor and Council Communication No. P- EMS First 9420 from the City Manager recommending that the City Council Responder authorize a sole source purchase agreement for EMS First Forms Responder Forms from the National Safety Council for the Fire Department at a cost of $53.29 per thousand with shipping included in the unit price and payment due 30 days from receipt of the invoice; and authorize this agreement to begin July 17, 2001, and expire July 16, 2002, 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 17, 2001 PAGE 11 of 32 P-9421 There was presented Mayor and Council Communication No. P- Telephone 9421 from the City Manager recommending that the City Council Equipment authorize a purchase agreement with Affiliated Telephone, Inc. for Preventive telephone equipment preventive maintenance and repair services Maintenance and for the Information Technology Solutions Department using the Repair Services State of Texas Catalogue purchasing procedures; and authorize this agreement to begin July 17, 2001, and expire July 16, 2002, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9422 There was presented Mayor and Council Communication No. P- Computers, 9422 from the City Manager recommending that the City Council Parts, Peripheral amend M&C P-7698 to purchase computers, parts, peripheral Equipment and equipment, software and services for the Information Technology Software Solutions Department from the State of Texas Qualified Information Systems Vendor Catalogue for an additional $2,000,000.00. It was the consensus of the City Council that the recommendation be adopted. P-9423 There was presented Mayor and Council Communication No. P- 1250 GPM 9423 from the City Manager recommending that the City Council Pumper Trucks authorize the purchase of five 1,250 GPM (gallons per minute) pumper trucks and supporting equipment from General Safety Equipment, LLC for the Fire Department based on the total low bid for a cost not to exceed $1,869,491.70 with payment due on the date of delivery and freight costs included in the unit price. City Manager Jackson stated that the M&C needed to be corrected to reflect that bidding occurred on March 1 and 8, 2000 and not March 1 and 8, 2001. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that recommendation be adopted as amended. The motion carried unanimously. L-13089 There was presented Mayor and Council Communication No. L- Permanent 13089 from the City Manager recommending that the City Council Waterline and approve the acquisition of one permanent waterline easement and Temporary one temporary construction easement described as Part of E. Construction Hopkins Survey, Abstract 646, Tarrant County, Texas, from Easements CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 12 of 32 Henry J. McGinnis, required for the construction of a 48-inch water transmission main near Blue Mound Road, Haslet, Texas (Northside II Water Transmission Main — DOE 1958), for a total cost of $19,000.00. It was the consensus of the City Council that the recommendation be adopted. L-13090 There was presented Mayor and Council Communication No. L- Ratify Sale of 13090 from the City Manager recommending that the City Council Tax Foreclosure ratify the sale of two tax foreclosure properties described as 3405 Properties and 3407 NW 30th Street, Fort Worth, Tarrant County, Texas by the Lake Worth Independent School District to Samuel Drysdale pursuant to Section 34.05 of the Texas Property Tax Code (DOE 920) for a total amount of $2,500.00; accept as payment of City taxes due on the two properties a proportional share of the purchase amount received on the properties, less court costs and fees; and authorize the City Manager to execute the appropriate deeds conveying the properties to Samuel Drysdale. It was the consensus of the City Council that the recommendation be adopted. L-13091 There was presented Mayor and Council Communication No. L- Sale of Tax 13091 from the City Manager recommending that the City Council Foreclosure approve the sale of tax foreclosure property described as Lot 18, Property Block 6, Worth Hills Addition, (3404 Pearl Avenue) to the adjoining property owner, Mr. Hubert Flowers as allowed by Texas Local Government Code Section 272.001(8)(1), for $2,526.00 and authorize the City Manager to execute the appropriate deed conveying the property to the adjoining property owner and record the deed. It was the consensus of the City Council that the recommendation be adopted. L-13092 There was presented Mayor and Council Communication No. L- Permanent 13092 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as Lot 3, Block 6, Rectors Addition, Tarrant County, Texas, from Midwestern Development Company (DOE 2969) necessary for the construction and rehabilitation of main M- 391 for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13093 There was presented Mayor and Council Communication No. L- Pipeline 13093 from the City Manager recommending that the City Council Crossing approve the acquisition of one pipeline crossing agreement from Union Pacific Railroad Company at Milepost 243.40, Dallas CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 13 of 32 Subdivision, Fort Worth, Tarrant County, Texas, required for reconstruction of a waterline (Water and Sanitary Sewer Replacement Contract 2000 WSM-E — DOE 3118) for a one-time acquisition cost of $5,043.00. It was the consensus of the City Council that the recommendation be adopted. L-13094 There was presented Mayor and Council Communication No. L- Acquisition of 13094 from the City Manager recommending that the City Council Residential authorize the acquisition of a single-family residence located at Property for 3502 Ross Avenue, Fort Worth, Texas (Parcel No. 608) from Catx Meacham Airport Properties, Inc. for the Meacham International Airport Mitigation Mitigation Program (DOE 3138); find that the price offered in the amount of Program $81,000.00 is just compensation; and authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13095 There was presented Mayor and Council Communication No. L- Permanent 13095 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement Easement described as Tract 2, James Smith Survey, Tarrant County, Texas from Texas Christian University (DOE 1810) required for the construction and maintenance of storm drainage facilities for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13096 There was presented Mayor and Council Communication No. L- Lease 13096 from the City Manager recommending that the City Council Agreement - authorize the City Manager to execute a terminal building office Fort Worth lease agreement with Mr. Rex Williams d/b/a Fort Worth Spinks Airport International Aviation for Suite "D" at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. L-13097 There was presented Mayor and Council Communication No. L- Lease 13097 from the City Manager recommending that the City Council Agreement— authorize the City Manager to execute a terminal building office Fort Worth lease agreement with Wings Above Aviation for Suite "F" at Fort Spinks Airport Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. L-13098 There was presented Mayor and Council Communication No. L- Permanent 13098 from the City Manager recommending that the City Council Easements and approve the conveyance of two permanent easements and right-of- Right-of-Way way described as Lot B-1, Block 1, Meacham Airport Addition at CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 14 of 32 Meacham International Airport (DOE 3407) to TXU Electric and Gas Company for the construction of distribution lines and transformer pad facilities to serve a new hanger being developed by APIAQ Limited Partnership, for a total cost of$2.00. Council Member Moss advised Council that he had a conflict on this issue, that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Picht, and Wentworth NOES: None ABSENT: Council Members Lane and Davis NOT VOTING: Council Member Moss PZ-2311 There was presented Mayor and Council Communication No. PZ- Ord. # 14704 2311 from the City Manager recommending that the City Council Annexation of approve Ordinance No. 14704 declaring certain findings; providing 226 Acres out of for the extension of certain boundary limits of the City of Fort the Jose Chirino Worth; providing for the annexation of a certain 226 acres (0.35 Survey— square miles) of land, more or less, out of the Jose Chirino Survey, A-01-02 Abstract No. 265, Tarrant County, Texas, 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 direct conflict herewith. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-18651 There was presented Mayor and Council Communication No. C- Ord. # 14705 18651 from the City Manager recommending that the City Council: S.H.U.C., Inc. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 15 of 32 1. Authorize the City Manager to transfer $187,514.70 from the Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $107,381.21, and the Sewer Capital Projects Fund in the amount of $80,133.49; and 2. Adopt Appropriation Ordinance No. 14705 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $107,381.21 and in the Sewer Capital Project Fund in the amount of $80,133.49 from available funds for the purpose of funding a contract with S.H.U.C., Inc. for Water and Sewer Replacement Contract 98HH; and 3. Authorize the City Manager to execute a contract with S.H.U.C., Inc. in the amount of $166,684.70, and 50 working days for Water and Sewer Replacements Contract 98HH. It was the consensus of the City Council that the recommendation be adopted. C-18652 There was presented Mayor and Council Communication No. C- Change Order 18652 from the City Manager recommending that the City Council No. 4 - Duininck authorize the City Manager to execute Change Order No. 4 with Brothers, Inc. Duininck Brothers, Inc. in the amount of $31,837.26 for Phase III Construction of Taxiway A and related storm drain and electrical work at Meacham International Airport, thereby increasing the contract amount to $5,078,061.46. It was the consensus of the City Council that the recommendation be adopted. C-18653 There was presented Mayor and Council Communication No. C- Ord. # 14706 18653 from the City Manager recommending that the City Council: Wendy Lopez & Associates, Inc. 1. Authorize the City Manager to transfer $108,969.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 14706 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $108,969.00 from available funds for the purpose of funding an engineering agreement with Wendy Lopez & Associates, Inc. for Water Replacement Contract 2001 STM-C; and CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 16 of 32 3. Authorize the City Manager to execute an engineering agreement with Wendy Lopez & Associates, Inc. in the amount of $102,969.00 for Water Replacement Contract 2001-STM-C. It was the consensus of the City Council that the recommendation be adopted. C-18654 There was presented Mayor and Council Communication No. C- Change Order 18654 from the City Manager recommending that the City Council No. 1 — CSC # authorize the City Manager to execute Change Order No. 1 to City 6530 - N.G. Secretary Contract No. 6530 with N.G. Painting, Inc. for the repair Painting, Inc. and repainting of Timberline 2MG elevated tank in the amount of $61,800.00, thereby increasing the contract amount to $900,800.00. It was the consensus of the City Council that the recommendation be adopted. C-18655 There was presented Mayor and Council Communication No. C- Ord. # 14707 18655 from the City Manager recommending that the City Council: Red River Construction 1. Authorize the transfer of $617,034.00 from the Sewer Capital Company Project Fund, Retail Sewer Impact Fee to the Commercial Paper-Sewer Fund; and 2. Adopt Appropriation Ordinance No. 14707 increasing the estimated receipts and appropriations in the Commercial Paper Sewer Fund in the amount of $617,034.00 from available funds for the purpose of funding a contract with Red River Construction Company for construction of Richardson Slough Sanitary Sewer Lift Station improvements; and 3. Authorize the City Manager to accept $361,856.00 from a developer to participate on the additional load contributed to Richardson Slough Sanitary Sewer Lift Station improvements; and 4. Approve the withdrawal of the bid received from G. P. Cooper Industries, Inc. due to a material mistake contained in its bid without recourse to the bid bond; and CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 17 of 32 5. Authorize the City Manager to execute a contract with Red River Construction Company in the amount of $889,900.00 for the construction of Richardson Slough Sanitary Sewer Lift Station improvements. It was the consensus of the City Council that the recommendation be adopted. C-18656 There was presented Mayor and Council Communication No. C- Ord. # 14708 18656 from the City Manager recommending that the City Council: Roots-Dresser, Inc. 1. Authorize the transfer of $288,988.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; and 2. Adopt Appropriation Ordinance No. 14708 increasing the estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $288,988.00 from available funds for the purpose of funding an agreement with Roots- Dresser, Inc., for blower repair at the Village Creek Wastewater Treatment Plant; and 3. Authorize the City Manager to execute a contract with Roots-Dresser, Inc. in the amount of $275,238.00 for the rebuilding of two centrifugal blowers at Village Creek Wastewater Treatment Plant. It was the consensus of the City Council that the recommendation be adopted. C-18657 There was presented Mayor and Council Communication No. C- Ord. # 14709 18657 from the City Manager recommending that the City Council: Ord. # 14710 S. L. Sibert 1. Authorize the transfer of $843,579.50 from the Lake Worth Company Infrastructure Escrow Account to Water and Sewer Operating Fund Revenue; and 2. Adopt Appropriation Ordinance No. 14709 increasing the estimated receipts and appropriations in the Water and Sewer Operating Fund in the amount of $843,579.50 from available funds for the purpose of funding a contract with S. L. Sibert Company for the construction of the Heron Road West water line; and CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 18 of 32 3. Authorize the transfer of $843,579.50 from the Water and Sewer Operating Fund to the Commercial Paper-Water Fund; and 4. Adopt Appropriation Ordinance No. 14710 increasing the estimated receipts and appropriations in the Commercial Paper Water Fund in the amount of $843,579.50 from available funds for the purpose of funding a contract with S. L. Sibert Company for the construction of the Heron Road West water line; and 5. Authorize the City Manager to execute a construction contract in the amount of $786,579.50 with the S. L. Sibert Company, Inc. for construction of the Heron Road West water line. It was the consensus of the City Council that the recommendation be adopted. C-18658 There was presented Mayor and Council Communication No. C- TXU 18658 from the City Manager recommending that the City Council Communications authorize the City Manager to execute a roadway use and Company maintenance agreement from the TXU Communications Company for sharing and access drive for future maintenance responsibility to a TXU regeneration site, which is next to an existing Fort Worth sanitary lift station. It was the consensus of the City Council that the recommendation be adopted. C-18659 There was presented Mayor and Council Communication No. C- City of White 18659 from the City Manager recommending that the City Council Settlement authorize the City Manager to execute contract amendments with the City of White Settlement providing for the construction of an additional wholesale water meter connection and wastewater connection to the Fort Worth system. It was the consensus of the City Council that the recommendation be adopted. C-18660 There was presented Mayor and Council Communication No. C- Justin Brands, 18660 from the City Manager recommending that the City Council Inc. authorize the City Manager to enter into a standard consent agreement authorizing the installation of an awning in the 300 block of Jennings Avenue. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 19 of 32 C-18661 There was presented Mayor and Council Communication No. C- Union Gospel 18661 from the City Manager recommending that the City Council Mission authorize the City Manager to enter into a standard consent agreement with the Union Gospel Mission authorizing use of the right-of-way for the installation of a pedestal mounted keypad at 1331 East Lancaster Street. It was the consensus of the City Council that the recommendation be adopted. C-18662 There was presented Mayor and Council Communication No. C- Accela, Inc. 18662 from the City Manager recommending that the City Council authorize amending M&C P-8728 for an additional $29,540.00 to complete the implementation of the PERMITSPLUS program for the Development Department and authorize the City Manager to execute an amendment to the PERMITSPLUS Software License and Maintenance Agreement with Accela, Inc. (formerly Sierra Computer Systems, Inc.) in order to address the additional services needed by the City to complete the implementation of the PERMITSPLUS program. It was the consensus of the City Council that the recommendation be adopted. C-18663 There was presented Mayor and Council Communication No. C- Southwestern 18663 from the City Manager recommending that the City Council Baptist authorize the City Manager to enter into a standard consent Theological agreement with Southwestern Baptist Theological Seminary for Seminary use of the right-of-way for the installation of conduits under the 4700 block of Stanley Avenue. It was the consensus of the City Council that the recommendation be adopted. C-18664 There was presented Mayor and Council Communication No. C- Amendment No. 18664 from the City Manager recommending that the City Council 2 —ANA authorize the City Manager to execute Contract Amendment No. 2 Consultants, with ANA Consultants, L.L.C. to provide additional design services L.L.C. for the Texas Department of Transportation improvements to the intersection of Granbury Road/Wabash Avenue between Trail Lake Drive and Seminary Drive for a lump sum fee of $77,000.00. It was the consensus of the City Council that the recommendation be adopted. C-18665 There was presented Mayor and Council Communication No. C- Ord. # 14711 18665 from the City Manager recommending that the City Council: Peachtree Construction CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 20 of 32 1. Authorize the City Manager to transfer $595,161.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $476,528.00 and to the Sewer Capital Projects Fund in the amount of$118,633.00; and 2. Adopt Appropriation Ordinance No. 14711 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $476,528.00 and in the Sewer Capital Project Fund in the amount of $118,633.00 from available funds for the purpose of funding a contract to Peachtree Construction for Hot Mix Asphaltic Concrete Overlay 2001-7 at various locations; and 3. Authorize the City Manager to execute a contract with Peachtree Construction in the amount of $1,066,322.00 for 155 working days for HMAC (hot mix asphaltic concrete) Surface Overlay 2001-7 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-18666 There was presented Mayor and Council Communication No. C- J. L. Steel, LP 18666 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with J. L. Steel, LP in the amount of $348,668.28 for Concrete Pavement Partial Reconstruction and Pavement Joint Repair Centreport Area (CPJR 2001-10). It was the consensus of the City Council that the recommendation be adopted. C-18667 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-18667, Appropriation Ordinance and One Week Approval of Amendment No. 2 to the Engineering Services Agreement with Black & Veatch Corporation, Mains D104D, D105, D105A, D109, L23, and L108 in the Central Business District, Fort Worth, be continued for one week. C-18668 There was presented Mayor and Council Communication No. C- Change Order 18668 from the City Manager recommending that the City Council No. 7 — CSC # authorize the City Manager to execute Change Order No. 7 to City 25244 - S. J. Secretary Contract No. 25244 with S. J. Louis Construction of Louis Texas, Ltd. LLP for the construction of the Southside II Water Construction of Transmission Main Contract 2 from the west side of Interstate Texas, LTD, LLP CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 21 of 32 Highway 35W to Lowden Street, in the amount of $70,276.64 to provide for increased pay item quantities, thereby increasing the contract amount to $3,493,524.64. It was the consensus of the City Council that the recommendation be adopted. C-18669 There was presented Mayor and Council Communication No. C- Amendment No. 18669 from the City Manager recommending that the City Council 1 — CSC # 26612- authorize the City Manager to execute Amendment No. 1 to City URS Greiner Secretary Contract No. 26612 with URS Greiner Woodward Clyde Woodward Clyde for design of drainage improvements at East Rosedale Street and proposed Fire Station No. 8 in the amount of $70,703.00, thereby increasing the contract amount to $106,702.00. It was the consensus of the City Council that the recommendation be adopted. C-18670 There was presented Mayor and Council Communication No. C- B. T. 18670 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with B. T. Inc. Construction, Inc. for Far Greater Northside Model Blocks concrete sidewalk improvements in the amount of $114,905.00. It was the consensus of the City Council that the recommendation be adopted. C-18671 There was presented Mayor and Council Communication No. C- Ord. # 14712 18671 from the City Manager recommending that the City Council: S. L. Sibert Company, Inc. 1. Authorize the City Manager to transfer $375,525.00 from the and Stabile & Water and Sewer Operating Fund to the Water Capital Winn, Inc. Project Fund in the amount of $227,406.00, and in the Sewer Capital Projects Fund in the amount of$148,119.00; and 2. Adopt Appropriation Ordinance No. 14712 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $227,406.00 and in the Sewer Capital Project Fund in the amount of $148,119.00 from available funds for the purpose of funding a contract with S. L. Sibert Company, Inc. for 1998 CIP Various Locations Contract 2001A Unit 1, Water and Sewer Replacements; and 3. Authorize the City Manager to execute a contract with S. L. Sibert Company, Inc. in the amount of $335,290.00 and 60 working days for 1998 Capital Improvement Program (CIP) Various Locations Contract 2001A Unit 1: Water and Sewer Replacements; and CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 22 of 32 4. Authorize the City Manager to execute a contract with Stabile & Winn, Inc. in the amount of $641,516.25 and 105 working days for 1998 CIP Various Locations Contract 2001A Unit II: Paving Improvements Alternate No. 1. It was the consensus of the City Council that the recommendation be adopted. C-18672 There was presented Mayor and Council Communication No. C- Communication 18672 from the City Manager recommending that the City Council Facility License authorize the City Manager to execute a Communications Facility Agreement - License Agreement with Sprint Spectrum for space on the City's Sprint Spectrum Rolling Hills Communications Tower. Council Member Haskin made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. C-18673 There was presented Mayor and Council Communication No. C- Community 18673 from the City Manager recommending that the City Council Facility authorize the City Manager to execute a Community Facilities Agreement - Agreement with Summer Creek Meadows, LP by Zena Summer Creek Development Corporation, its General Partner, for the installation Meadows, LP of community facilities for Summer Creek Meadows Addition, Phase IV. Council Member Wentworth made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. C-18674 There was presented Mayor and Council Communication No. C- Reject Bids 18674 from the City Manager recommending that the City Council authorize the City Manager to reject all bids submitted for the construction of joint repairs at various locations. Council Member Silcox made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. C-18675 There was presented Mayor and Council Communication No. C- N. G. Painting, 18675 from the City Manager recommending that the City Council Inc. confirm the award of contract and authorize the City Manager to execute a contract with N. G. Painting, Inc. for completion of repair and repainting of the 2.0 MG (million gallons) Meadowbrook elevated storage tank (Water Department Project No. PW77- 060770180120). Council Member Silcox asked staff if the City logo would be placed on the water tank. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 23 of 32 Mr. Jay Chapa, representing the Water Department, stated that the logo was placed on water tanks located in areas considered to be gateways to the City, but it was not considered cost effective to place the logo on the water tanks in other areas within the City. Council Member Silcox stated that a large sum of money had already been expended to have the water tank repaired and painted. He added that he would like to see the logo placed on this water tank and asked staff to provide information on the cost and the cost to date for other water tank projects of this nature. Council Member Wentworth made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Regular Zoning It appeared to the City Council that Notice of Public Hearing Hearing setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on July 2, 2001. Mayor Barr asked if there was anyone present desiring to be heard. Z-01-058 Council Member Silcox inquired if this was City owned property. Approved Mr. Bob Riley, Director of Development, stated that there were actually 13 properties, listed by City Council Districts. He advised them that they were all surplus properties. He further stated that a marketability survey had not been done and that the requested zoning changes would make the properties compatible with the adjacent areas and the Comprehensive Plan. Mayor Barr informed Council that the marketability of the properties would be reviewed in City Council Committee as discussed previously in Pre-Council. Council Member Moss made a motion, seconded by Council Member Haskin, that the application of City of Fort Worth Planning Department for a change in zoning of properties listed below from "B" Two-Family and "I" Light Industrial to "A-5" One-Family, Zoning Docket No. Z-01-058, be approved: CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 24 of 32 2807 NW 18th Street "B" Two-Family 2818 NW 18th Street "B" Two-Family 2820 NW 18th Street "B" Two-Family 2906 NW 19th Street "B" Two-Family 2513 NW 21St Street "B" Two-Family 2115 NW 31St Street "I" Light Industrial 3001 Columbus Avenue "B" Two-Family 3010 Columbus Avenue "B" Two-Family 3201 Columbus Avenue "B" Two-Family 3306 Roosevelt Avenue "B" Two-Family 3207 NW 28th Street "B" Two-Family The motion carried unanimously. Z-01-060 Council Member Haskin made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 3205 Williams Place from "B" Two-Family to "A-5" One-Family, Zoning Docket No. Z-01-060, be approved. The motion carried unanimously. Z-01-061 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 5017 Blackmore Avenue, 5424 Diaz Avenue, and 498 Broadleaf Drive from "B" Two-Family to "A-5" One Family, Zoning Docket No. Z-01- 061, be approved. The motion carried unanimously. Z-01-062 Council Member Moss made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 6851 and 6855 East Lancaster Avenue from "F" Commercial to "E" Commercial, 4511 Wichita Street, 3716 Wilbarger Street, and 5217 Willie Street from "B" Two-Family to "A-5" One Family, Zoning Docket No. Z-01-062, be approved with the amendment of 6851 and 6855 East Lancaster Avenue changed to "ER" Restricted Commercial. The motion carried unanimously. Z-01-063 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Haskin, that the application of City of Fort Worth Planning Department for a change in zoning of various properties described as below, Zoning Docket No. Z-01-063, be approved: CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 25 of 32 2313 Bomar Avenue, from "J" Medium Industrial to "E" Commercial 2601 E. 12th Street, from "B" Two-Family to "A-5" One-Family 3205 E. 4th Street, from "J" Medium Industrial to "E" Commercial 3217 and 3221 E. 4th Street, from "B" Two-Family to "A-5" One-Family 1500 Block of Belknap Street, from "J" Medium Industrial to "FR" Restricted Commercial 1430 E. Magnolia Avenue, 925 E. Humbolt Street, 908 and 1518 E. Terrell Avenue, from "B" Two-Family to "A-5" One-Family 308 S. Adams Street, from "J" Medium Industrial to "FR" Restricted Commercial 962 E. Daggett Avenue, from "J" Medium Industrial to "A-5" One-Family The motion carried unanimously. Z-01-064 Council Member Silcox made a motion, seconded by Council Approved Member Moss, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 1504 and 1510 5th Avenue, from "C/HC" Multi-Family/Historic and Cultural Landmark to "B/HC" Two-Family/Historic and Cultural Landmark and 3037 May Street and 3724 Bryan Avenue, from "B" Two-Family to "A-5" One-Family, Zoning Docket No. Z-01-064, be approved. The motion carried unanimously. Z-01-077 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of West Loop/820 Partners, C/O James Melino for a change in zoning of property located in the 9500-9600 Blocks of White Settlement Road from "G" Commercial to "C" Multi-Family, "I" Light Industrial to "A-5" One-Family, "C" Multi-Family to "PD/SU" Planned Development/Specific Use for all uses in "F" Commercial except nightclubs, taverns, bars, pool halls, tattoo parlors, and teen clubs, Zoning Docket No. Z-01-077, and waiver of site plan, be approved. The motion carried unanimously. Z-01-081 Council Member Haskin made a motion, seconded by Mayor Pro Approved tempore McCloud, that the application of City of Fort Worth Planning Department for a change in zoning of property located in the 2800 Block of E. Lancaster Avenue from "J" Medium Industrial to "E" Commercial and 3233 Tom Ellen Street from "B" Two-Family to "A-5" One-Family, Zoning Docket No. Z-01-081, be approved with the amendment of 2800 Block of E. Lancaster changed to "ER" Restricted Commercial. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 26 of 32 Z-01-082 Council Member Moss made a motion, seconded by Council Approved Member Haskin, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 3205 Oscar Avenue, 2911 Loving Avenue, 3308 Roosevelt Avenue and 2113 Chestnut Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. Z-01-082, be approved. The motion carried unanimously. Z-01-084 Council Member Wentworth made a motion, seconded by Council Approved Member Silcox, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 5536 Fernander Drive and 5600 Humbert Avenue, from "B" Two-Family to "A-5" One-Family, Zoning Docket No. Z-01-084, be approved. The motion carried unanimously. Z-01-086 Council Member Silcox made a motion, seconded by Council Approved Member Wentworth, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 3017 S. Jennings Avenue from "B" Two-Family to "A-5" One Family, Zoning Docket No. Z-01-086, be approved. The motion carried unanimously. Z-01-087 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Wentworth, that the application of Raymond Pereda for a change in zoning of property located in the 4700 Block of Freeman Drive from "CF" Community Facilities to "J" Medium Industrial, Zoning Docket No. Z-01-087, be approved. The motion carried unanimously. Z-01-088 Council Member Wentworth stated that although the zoning book SP-01-016 reflected that there was no opposition to this zoning change, Denied testimony given at the Zoning Commission meeting showed significant citizen opposition by a neighborhood association and several individuals because the requested zoning was not consistent with the existing zoning in the immediate neighborhood. He made a motion, seconded by Council Member Silcox, that the application of Academy Investments L.P.I. by Jerry Detwiler for a change in zoning of property located at 3712 through 3738 Clarke Avenue from "A-5" One-Family to "PD/SU" Planned Development/Specific Use for Residential with "AR" Residential Development Standards, Zoning Docket No. Z-01-088 and amended Site Plan No. SP-01-016, be denied. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 27 of 32 Z-01-089 Council Member Silcox made a motion, seconded by Council Approved Member Wentworth, that the application of Hillwood RLD by Carter & Burgess for a change in zoning of property located at the SE Corner of Harmon Road and Blue Mound Road (800-1800 Blocks of Harmon) from "A-5" One-Family, "AR" Residential, "R-2" Residential, "CR" Multi-Family, "E" Commercial, "ER" Restricted Commercial and "I" Light Industrial to "CF" Community Facilities, "A-5" One-Family and "E" Commercial, Zoning Docket No. Z-01- 089, be approved. The motion carried unanimously. Z-01-091 Mayor Barr stated that a letter had been received from Carter & Continued Until Burgess requesting a delay on this case until August 14, 2001. August 14, 2001 Council Member Silcox made a motion, seconded by Council Member Wentworth, that the application of Don W. Collins for a change in zoning of property located in the 3700-4100 Blocks of Keller Haslet Road (SE Corner of Alta Vista), from "Unzoned" to "A-5", "A-7.5" One-Family, "E" Commercial, and "ER" Restricted Commercial, Zoning Docket No. Z-01-091, be continued until August 14, 2001. The motion carried unanimously. Z-01-094 Council Member Silcox made a motion, seconded by Council Approved Member Haskin, that the application of Esbelda F. Gomez for a change in zoning of property located at 3601 Ellis Avenue from "E" Commercial to "A-5" One-Family, Zoning Docket No. Z-01-094, be approved. The motion carried unanimously. Z-01-095 It appeared to the City Council that Notice of Public Hearing Ord. # 14713 setting today as the date for the hearing in connection with Zoning Text Amendment Docket No. Z-01-095, Text Amendment amending the Zoning Approved 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, consolidating requirements concerning construction and approved materials for fences; establishing additional construction requirements for fences adjacent to freeways or arterial streets. had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on July 2, 2001. Mayor Barr asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the Text Amendment 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, CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 28 of 32 consolidating requirements concerning construction and approved materials for fences; establishing additional construction requirements for fences adjacent to freeways or arterial streets, Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that Zoning Docket No. Z-01-095, be approved and that the following ordinance be adopted: ORDINANCE NO. 14713 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, CONSOLIDATING REQUIREMENTS CONCERNING CONSTRUCTION AND APPROVED MATERIALS FOR FENCES; ESTABLISHING ADDITIONAL CONSTRUCTION REQUIREMENTS FOR FENCES ADJACENT TO FREEWAYS OR ARTERIAL STREETS. The motion carried unanimously. Z-01-083 Council Member Moss made a motion, seconded by Mayor Pro Approved/Denied tempore McCloud, that the application of City of Fort Worth as Reflected Planning Department for a change in zoning of various properties described below, Zoning Docket No. Z-01-083, be approved or denied, as reflected: 2701 Vogt Street, from "B" Two-Family to "A-5" One-Family, Approved 3704 Dillard Street, from "B" Two-Family to "A-21" One-Family, Approved 5416 Booker T Street, from "B" Two-Family to "A-5" One-Family, Approved 1604 Amanda Avenue, from "E" Commercial to "A-5" One-Family, Denied The motion carried unanimously. Z-01-085 Mayor Pro tempore McCloud made a motion, seconded by Council Approved/Denied Member Moss, that the application of City of Fort Worth Planning as Reflected Department for a changes in zoning of various properties described below, Zoning Docket No. Z-01-085, be approved or denied, as reflected. 724 North Freeway, from "0-1" Flood Zone to "A-5" One-Family, Approved 409 S. Rayner Street, 3625 Avenue G, and 1315 E. Davis Avenue, from "B" Two-Family to "A-5" One Family, Approved CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 29 of 32 1321 E. Cannon Street, from "CR" Multi-Family to "A-5" One-Family, Approved 1617 E. Rosedale Street, from "E" Commercial to "B" Two-Family, Denied 1311 E. 4th Street, from "J" Medium Industrial to "FR" Restricted Commercial, Denied The motion carried unanimously. Z-01-059 Council Member Silcox made a motion, seconded by Council Denied Member Haskin, that the application of City of Fort Worth Planning Department for a change in zoning of property located at 8141 Tanner Avenue from "B" Two-Family to "A-5" One-Family, Zoning Docket No. Z-01-059, be denied. The motion carried unanimously. Z-01-072 Messers Christopher Hailey, 2008 Hillcrest, and Gilbert Cable, 2004 SP-01-015 Ashland, appeared before Council in favor of this denial and Denied requested Council allow the integrity of the neighborhood to Christopher remain as it is presently. They provided a petition from Hailey, homeowners of the area requesting that Council deny the zoning Gilbert Cable change. Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the application of Peter R. and Elvire Young by James W. Schell for a change in zoning of property located at 2100 Ashland and 4411 Bryce Avenue from "B" Two- Family to "PD/SU" Planned Development/Specific Use for the continued use of a residential fourplex, Zoning Docket No. Z-01- 072, and Site Plan No. SP-01-015 be denied. The motion carried unanimously. Z-01-074 Messers Felipe Munoz, 1508 NE 38th Street, Jose Cardenas, 2049 Denied Without McCart Avenue, and Domingo Martinez, 3321 N. Hampton, Prejudice appeared before Council in opposition of the denial. They stated Felipe Munoz, that Mr. Munoz's restaurant had improved the appearance of the Jose Cardenas, neighborhood and that he did not understand that there was an Domingo appeal process. Martinez Mayor Barr stated that City Attorney Yett had advised him that a letter of appeal had not been filed and since that the time period to file an appeal had expired, the Council could only deny the request with prejudice or deny it without prejudice and waive the filing fee. He informed Mr. Munoz that there was bi-lingual staff available who could have explained the appeal process to him and asked CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 30 of 32 that he speak with Mr. Bob Riley, Director of Development, to determine what process to take. Mayor Barr also advised Mr. Munoz to speak with Council Member Lane. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the application of Felipe and Rosa Munoz for a change in zoning of property located at 1109 E. Long Avenue (3401 & 3403 N Hampton Street) from "E" Commercial to "FR" Restricted Commercial, Zoning Docket No. Z-01-074, be denied without prejudice and requested staff to waive the fee for refilling of the request. At this point a lengthy discussion ensued. Council Member Silcox then restated his motion, seconded by Mayor Pro tempore McCloud; that the application of Felipe and Rosa Munoz for a change in zoning of property located at 1109 E. Long Avenue (3401 & 3403 N Hampton Street) from "E" Commercial to "FR" Restricted Commercial, Zoning Docket No. Z- 01-074 be denied without prejudice. The motion carried unanimously. Z-01-047 It appeared that the City Council, at its meeting of July 10, 2001, continued the hearing of the application of Henry Rahmani by PCC Consulting Engineers Inc. for a change in zoning of property located in the 9200 Block of Crowley Road and the 2100 Block of Cunningham Road from "AG" Agricultural & "J" Medium Industrial to "A-5" One-Family, Zoning Docket No. Z-01-047. Mayor Barr asked if there was anyone present desiring to be heard. Trae Fowler Mr. Trae Fowler, 3220 Jane Lane, appeared before Council and requested favorable consideration of the zoning case; he outlined the plans for development of the area and the proposed park. He further stated that the developer was going to note in the deed restriction and/or covenant that the housing development was located next to industrial zoning. Mr. Bob Riley, Director of Development, appeared and advised Council that in the past we have made it a requirement that the developer place this type of notice or information in the platting record. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 31 of 32 Council Member Haskin informed the Council that Mr. Fowler was the former Mayor of Haltom City and requested that the developer provide a site plan for the proposed park land and that the site plan be made a part of the zoning requested zoning change. City Attorney Yett advised the Council that the agreement to dedicate the park property was a condition of the zoning case and that it was enforceable as a condition of the requested zoning change. The request was to waive the entire site plan, but a partial site plan was submitted that showed improvements to the park site and that would be enforceable as part of the conditions for the requested zoning change. There being no one else present desiring to be heard in connection with the application of Henry Rahmani by PCC Consulting Engineers Inc. for a change in zoning of property located in the 9200 Block of Crowley Road and the 2100 Block of Cunningham Road from "AG" Agricultural & "J" Medium Industrial to "A-5" One-Family, Zoning Docket No. Z-01-047, Council Member Picht made a motion, seconded by Council Member Silcox, that Zoning Docket No. Z-01-047 be approved with a map showing the park and housing development and a full site plan to be submitted for park land property for approval through the regular site plan process. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, the Zoning Hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 14714 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. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 17, 2001 PAGE 32 of 32 The motion carried unanimously. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:40 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: a) Legal issues concerning solicitation of funds in or near the public right-of-way; b) Fred Rogers v. City of Fort Worth, Cause No. 17- 177711-99; c) Legal issues concerning the U. S. Defense Research lease at Fort Worth Spinks Airport; d) Legal issues concerning any City Council agenda item; as authorized by Section 551.071 of the Texas Government Code; and 2. Discuss the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party. Reconvened The City Council reconvened into regular session at 12:30 p.m. Adjournment There being no further business, the meeting was adjourned at 12:30 p.m. CITY SECRETARY MAYOR