HomeMy WebLinkAbout2001/11/20-Minutes-City Council CITY COUNCIL MEETING
NOVEMBER 20, 2001
Date & Time On the 20th day of November, A.D., 2001, the City Council of the
City of Fort Worth, Texas, met in regular session at 10:31 a.m. in
the City Council Chamber, 1000 Throckmorton, with the following
members and officers present:
Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council
Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Jeff
Wentworth, and Wendy Davis; City Manager Gary Jackson; City
Attorney David Yett; City Secretary Gloria Pearson. Council
Member Clyde Picht was absent. With more than a quorum
present, the following business was transacted.
Invocation The invocation was given by Dr. Clyde Glazener, Gambrell Street
Baptist Church.
Pledge The Pledge of Allegiance was recited.
Minutes City Secretary Pearson informed Council that the Council Minutes
had been corrected on Page 23, Zoning Docket No. ZA-01-1061 and
SP-01-1022, to reflect Council Member Picht voted in opposition to
deny the zoning case.
On motion of Council Member Silcox, seconded by Council
Member Davis, the minutes of the regular meeting of November 13,
2001, were approved unanimously as corrected.
Special Brian Boerner, Environmental Management Department Director,
Presentations assisted by Council Member Haskin, presented the Winners for the
End-of-Season Employee Ozone Incentive Contest.
Council Member Davis presented the Food Drive Trophy to the
Parks and Community Services Department. Richard Zavala, Parks
and Community Services (PACS) Director, thanked the Council for
the trophy and recognized several PACS employees who worked
as co-chairs. He stated that in addition to the Food Bank, the food
would also assist two resource development centers in the area.
Mayor Barr congratulated the PACS Department for a job well
done.
Announcements Council Member Lane thanked each member of the Council and
Mayor Barr for his leadership in rebuilding LaGrave Field and
bringing the Cats back to Fort Worth. He also thanked Assistant
City Attorney Peter Vaky for his work with the Ripley Arnold
Apartments and LaGrave Field and Brian Boerner for his hard work
on the LaGrave Field project. Mayor Barr commended Mr. Lane on
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his vision to make LaGrave a reality and stated that there would be
a ground breaking December 3, 2001, at 2:00 p.m. at the old
LaGrave Field site and invited everyone to attend.
Mayor Pro tempore McCloud announced that he attended a
banquet last weekend where Mayor Barr was recognized as Citizen
of the Year by the City's senior citizens.
Council Member Silcox congratulated Fort Worth Explorers who
competed in a competition in Beaumont. Northside Post No. 55
received first place in the building search and second place in the
crime scene search; Eastside Post No. 57 received first place in
crime prevention; and Southside Post No. 58 received third place
in the building search and first place in the bomb scene search.
Council Member Moss announced that on November 27, 2001, at
7:00 p.m. at the Sunrise Elementary School, a Public Forum would
be conducted to address concerns of the community to include
industrialized housing and waste management. He invited anyone
interested to attend.
Mayor announced that the kickoff for Phase 2 of the redistricting
process would begin tonight at 7:00 p.m. in the Intel Lab of the
Central Library, 500 W. Third Street. He stated that City staff would
be available to assist citizens in developing their own redistricting
plans. He added that another opportunity for citizens to develop
their own plans would be on December 1, 2001, at 10:30 a.m., also
at the Central Library. He further stated that Computer Assisted
Drawing equipment would be available along with instructions in
Spanish and English and that more information was available on
the City's web page or by accessing the redistricting hot line at
(817) 871-7371. He informed citizens that submissions needed to
be turned in to the City Secretary's Office by the deadline, January
14, 2002, at 5:00 p.m.
Withdrawn from City Manager Jackson requested that Mayor and Council
Consent Agenda Communication Nos. L-13190, L-13191, and L-13194 be moved until
after the Executive Session. Council Member Moss requested that
Mayor and Council Communication No. L-13192 be withdrawn from
the consent agenda.
Continued/ City Manager Jackson requested that Mayor and Council
Withdrawn By Communication No. G-13276 be withdrawn from the agenda and
Staff that L-13180 be continued for two weeks.
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Consent Agenda On motion of Council Member Silcox, seconded by Council
Member Wentworth, the consent agenda, as amended, was
adopted unanimously.
Reappointment Council Member Haskin made a motion, seconded by Mayor Pro
tempore McCloud, that Karen Anisman be reappointed to the
Human Relations Commission effective November 20, 2001, with a
term to expire October 1, 2003. The motion carried unanimously.
Setting Salaries Mayor Barr continued setting salaries for the City Manager, City
for City Officials Attorney, City Secretary, and City Auditor until after the Executive
FY 2001-2002 — Session.
Continued Until
After Executive
Session
OCS-1249 There was presented Mayor and Council Communication No. OCS-
Claims 1249 from the Office of the City Secretary recommending that the
City Council refer notices of claims regarding alleged damages
and/or injuries to the Finance Department. It was the consensus of
the City Council that the recommendation be adopted.
OCS-1250 There was presented Mayor and Council Communication No. OCS-
Res. No. 2794 1250 from the Office of the City Secretary recommending that the
Setting Regular City Council adopt Resolution No. 2794 setting the regular zoning
Zoning Hearing hearing for December 11, 2001. Council Member Davis made a
motion, seconded by Council Member Haskin, that the
recommended be adopted. The motion carried unanimously.
G-13276 It was the consensus of the City Council that Mayor and Council
Withdrawn Communication No. G-13276, dated June 19, 2001, Authorization of
Execution of Unified Sign Agreement and Approval of Sign Plan
with Arnold Pent of Sundial Development Corporation and MJCH
Corporation for Landmark Lakes Center be withdrawn from the
agenda.
Public Hearing It appeared that the City Council set today as the date for a public
hearing to consider approval of a Unified Sign Agreement with
Arnold Pent of Sundial Development Corporation and MJCH
Corporation for Landmark Lakes Center located at 6400 N. W. Loop
820. Mayor Barr asked if there was anyone present desiring to be
heard.
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G-13276 Revised There was presented Mayor and Council Communication No. G-
Agreement with 13276 Revised from the City Manager recommending that the City
Sundial Council consider approval of a Unified Sign Agreement with Arnold
Corporation and Pent of Sundial Development Corporation and MJCH Corporation
MJCH for Landmark Lakes Center located at 6400 N. W. Loop 820.
Corporation
There being no one else present desiring to be heard in connection
with the approval of a Unified Sign Agreement with Arnold Pent of
Sundial Development Corporation and MJCH Corporation for
Landmark Lakes Center, Council Member Wentworth made a
motion, seconded by Council Member Silcox, that the public
hearing be closed and the recommendation be adopted. The
motion carried unanimously.
G-13441 There was presented Mayor and Council Communication No. G-
Settlement of 13441 from the City Manager recommending that the City Council
Claims of approve the proposed settlement of the lawsuit entitled William
William Fox, Jr. Fox, Jr. v. City of Fort Worth in the District Court of Wise County,
v. City of Fort Cause No. 00-01-035; and authorize payment of $45,000.00 to
Worth William Fox, Jr., with the check made payable to "William Fox, Jr.";
and authorize the appropriate City representatives to execute the
documents necessary to complete the settlement. It was the
consensus of the City Council that the recommendation be
adopted.
G-13442 There was presented Mayor and Council Communication No. G-
Ord. #14860 13442 from the City Manager recommending that the City Council
Volunteer adopt Ordinance No. 14860 revising and amending Section 10-18 of
Accessible Article II "Parking Violations Bureau" of Chapter 10 "Courts" of the
Parking Code of the City of Fort Worth, Texas (1986), as amended,
Enforcement expanding the definition of authorized parking enforcement agents
Program of the City of Fort Worth to include volunteers; authorizing
issuance of parking citations by first class mail to the registered
owner of the vehicle at his last known address; and authorizing the
City Manager to establish an Accessible Parking Volunteer
Enforcement Program. Council Member Silcox made a motion,
seconded by Council Member Davis, that the recommendation be
adopted. The motion carried unanimously.
G-13443 There was presented Mayor and Council Communication No. G-
Delayed Until 13443 from the City Manager recommending that the City Council
Prior to adopt an ordinance adopting a moratorium on acceptance of
Executive concept plans, preliminary plats and applications for building
Session permits and other development permits for properties located in
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the vicinity of the Western Shore of Lake Arlington, South of the
6100 Block of Ramey Avenue, East of the 2800-5300 Blocks of
Interstate Loop 820 and North of Interstate 20, pending
consideration of rezoning of such properties. Council Member
Moss made a motion, seconded by Council Member Davis, that
Mayor and Council Communication G-13443 be delayed until prior
to Executive Session. The motion carried unanimously.
G-13444 There was presented Mayor and Council Communication No. G-
Withdrawn 13444 from the City Manager recommending that the City Council
Adopt an Ordinance Amending Chapter 22 titled "Motor Vehicle
and Traffic" of the City Code Prohibiting Solicitation of
Employment Between an Occupant of a Motor Vehicle and a
Pedestrian in a Specified Area. Council Member Lane made a
motion, seconded by Council Member Haskin, that the
recommendation be adopted.
Council Member Davis expressed concerns relative to adopting
this ordinance prior to the Day Labor Center scheduled opening.
The City Attorney, after a brief discussion, advised the City
Manager to withdraw this item from the agenda.
P-9496 There was presented Mayor and Council Communication No. P-
Street Light 9496 from the City Manager recommending that the City Council
Poles and authorize the purchase of street light poles and luminaries from
Luminaries Dealers Electrical Supply Company for the Transportation and
Public Works Department based on the low bid meeting
specifications with payment due 30 days after receipt of the
invoice. It was the consensus of the City Council that the
recommendation be adopted.
P-9497 There was presented Mayor and Council Communication No. P-
Transmission 9497 from the City Manager recommending that the City Council:
Parts and
Rebuilt 1. Authorize a purchase agreement for OEM (original
Transmissions equipment manufacturer) Allison transmission parts and
rebuilt transmissions with Stewart & Stevenson for the
Equipment Services Department. An agreement will be
awarded based on the overall lowest prices. Payment is due
30 days from the date the invoice is received, the City takes
ownership at its City's facilities, and freight is not charged;
and
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• OEM Allison transmission parts, at manufacturer's list
price, less 25 percent discount
• OEM Allison rebuilt transmissions, at open market list
price, less 30 percent discount
2. Authorize this agreement to begin November 20, 2001, and
expire on November 19, 2002, with options to renew for two
additional one-year periods.
It was the consensus of the City Council that the recommendation
be adopted.
P-9498 There was presented Mayor and Council Communication No. P-
Breakaway 9498 from the City Manager recommending that the City Council
Transformer authorize a purchase agreement with Genlyte Sales-Dallas for
Bases breakaway transformer bases for the Transportation and Public
Works Department; and authorize this agreement to begin
November 20, 2001, and expire November 19, 2002, with options to
renew for two additional one-year periods. It was the consensus of
the City Council that the recommendation be adopted.
P-9499 There was presented Mayor and Council Communication No. P-
Treated Wood 9499 from the City Manager recommending that the City Council:
Utility Poles
1. Authorize a purchase agreement with International Paper
Company for the Transportation and Public Works
Department based on the low bid meeting specifications.
Payment is due 30 days after receipt of the invoice for the
following:
• 30-foot treated wood utility poles will be supplied for
$101.55 each; and
• 35-foot treated wood utility poles will be supplied for
$136.00 each; and
2. Authorize this agreement to begin November 20, 2001, and
expire November 19, 2002, with options to renew for two additional
one-year periods.
It was the consensus of the City Council that the recommendation
be adopted.
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L-13180 It was the consensus of the City Council that Mayor and Council
Continued for Communication No. L-13180, dated November 6, 2001, Authorize
Two Weeks the Sale of Tax Foreclosure Property Located at 2921 East Belknap
Street to BWJW, LLC in Accordance with Section 34.015 of the
Texas State Property Tax Code (DOE 920), be continued for two
weeks.
L-13183 It was the consensus of the City Council that Mayor and Council
Moved Until Communication No. L- 13183, dated November 6, 2001, Authorize
After Executive the Sale of Tax Foreclosure Property to the Friendly Temple
Session Church of God in Accordance with Section 34.015 of the Texas
Property Tax Code (DOE 920), be moved until after the Executive
Session.
L-13185 It was the consensus of the City Council that Mayor and Council
Moved Until Communication No. L- 13185, dated November 6, 2001, Authorize
After Executive the Sale of Tax Foreclosure Property Located at 904 Parkdale
Session Street to the Fort Worth Independent School District in Accordance
with Section 34.015 of the Texas State Property Code (DOE 920), be
moved until after the Executive Session.
L-13189 There was presented Mayor and Council Communication No. L-
Reinstatement 13189 from the City Manager recommending that the City Council
of Lease with approve the reinstatement of a lease with Gene Malone, Jr. for
Gene A. Malone, property described as Lot 16, Block 2 (6537 Cahoba Drive), Lake
Jr. Worth Survey, Tarrant County, Texas; and authorize the City
Manager to execute the necessary documents to complete
reinstatement of the lease. It was the consensus of the City
Council that the recommendation be adopted.
L-13190 It was the consensus of the City Council that Mayor and Council
Moved Until Communication No. L-13190, Authorize the Purchase of Property
After Executive Located at 809 and 813 South Freeway for the Development of the
Session Evans Avenue and Rosedale Street Business and Cultural District
(DOE 2886), be moved until after Executive Session.
L-13191 It was the consensus of the City Council that Mayor and Council
Moved Until Communication No. L-13191, Authorize the Purchase of Property
After Executive Located at 1050 Missouri Avenue for the Development of the Evans
Session Avenue and Rosedale Street Business and Cultural District (DOE
2886), be moved until after Executive Session.
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L-13192 There was presented Mayor and Council Communication No. L-
Three 13192 from the City Manager recommending that the City Council
Permanent accept three permanent easements and one right-of-way parcel
Easements described as A-319, C. Connelly Survey, Tarrant County, Texas,
from Martha V. Leonard, Madelon L. Bradshaw and TXU Electric
Company, respectively, and A-262, John Collett Survey, Tarrant
County, Texas, from Westworth Redevelopment Authority, for the
construction of a 12-inch water line (DOE 3461) for a total cost of
$4.00.
Council Member Moss informed Council that he had a conflict with
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 Council
Member Haskin, that Mayor and Council Communication No. L-
13192 be adopted. The motion carried by the following vote:
AYES: Mayor Barr; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Haskin,
Wentworth, and Davis
NOES: None
ABSENT: Council Member Picht
NOT VOTING: Council Member Moss
L-13193 There was presented Mayor and Council Communication No. L-
Two Permanent 13193 from the City Manager recommending that the City Council
Drainage approve the acceptance of two permanent drainage easement
Easements described as A-1455, Eli Shiver Survey, Tarrant County, Texas,
from Lazy F, Inc. (DOE 3422), necessary for the construction and
maintenance of drainage improvements on Meridian Lane and
Senator Drive for a total cost of $2.00. It was the consensus of the
City Council that the recommendation be adopted.
L-13194 It was the consensus of the City Council that Mayor and Council
Moved Until Communication No. L- 13194, Authorize the Purchase of Property
After Executive Located at 915 Missouri Avenue for the development of the Evans
Session Avenue and Rosedale Street Business and Cultural District (DOE
2886), be moved until after Executive Session.
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L-13195 There was presented Mayor and Council Communication No. L-
License 13195 from the City Manager recommending that the City Council
Agreement for approve the acquisition of a license agreement from Dallas Area
Sanitary Sewer Rapid Transit for a sanitary sewer pipeline crossing at Mile Post
Pipeline 621.60, Fort Worth, Tarrant County, Texas, for a total cost of
Crossing $500.00 (DOE 2114 — Sanitary System Rehabilitation and
Improvements — Contract No. 48). It was the consensus of the City
Council that the recommendation be adopted.
L-13196 There was presented Mayor and Council Communication No. L-
One Permanent 13192 from the City Manager recommending that the City Council
Drainage authorize the acquisition of one 20-foot permanent drainage
Easement easement described as a portion of the C. C. Whyte Survey,
Abstract No. 1611, from Routen Realty Company, Trustee for the
widening of North Beach Street for a cost of $1.00. It was the
consensus of the City Council that the recommendation be
adopted.
L-13197 It was the consensus of the City Council that Mayor and Council
Moved Until Communication No. L-13197, Consent to the Sale of Four Tax
After Executive Foreclosure Properties to the Fort Worth Area Habitat for
Session Humanity, Inc. Pursuant to Section 34.05 of the Texas Property
Code (DOE 920), be moved until after the Executive Session.
L-13198 It was the consensus of the City Council that Mayor and Council
Moved Until Communication No. L-13198, Consent to the Sale of Two Tax
After Executive Foreclosure Properties to Tony Braxton of C/CO Trust Pursuant to
Session Section 34.05 of the Texas Property Tax Code (DOE 920), be moved
until after Executive Session.
PZ-2338 There was presented Mayor and Council Communication No. PZ-
Ord. #14861 2338 from the City Manager recommending that the City Council:
Annexation of
42.04 Acres of 1. Institute the annexation of 42.04 acres of land out of the
Land Out of Charles Tyding Survey, Abstract No. 1276, and the W.
Charles Tyding Sample Survey, Abstract No. 1207, Denton County, Texas
Survey, Abstract into the corporate limits of the City of Fort Worth; and
No. 1276, and W.
Sample Survey, 2. Approve Ordinance No. 14861 declaring certain findings;
Abstract No. providing for the extension of certain boundary limits of the
1207, Denton City of Fort Worth; providing for the annexation of a certain
County, Texas 42.04 acres (0.066 square miles) of land, more or less, out of
AAX-01-1003 the Charles Tyding Survey, Abstract No. 1276, and the W.
Sample Survey, Abstract No. 1207, Denton County, Texas,
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NOVEMBER 20, 2001
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which said territory lies adjacent to and adjoins the present
corporate boundary limits of Fort Worth, Texas; providing
that the territory annexed shall bear its pro rata part of taxes;
providing that the inhabitants thereof shall have all the
privileges of all the citizens of Fort Worth, Texas; providing
that this ordinance shall amend every prior ordinance in
conflict herewith.
Council Member Lane made a motion, seconded by Council
Member Davis, that the recommendation be adopted. The motion
carried unanimously.
PZ-2339 There was presented Mayor and Council Communication No. PZ-
Ord. #14862 2339 from the City Manager recommending that the City Council
Boundary approved Joint Ordinance No. 14862 and Boundary Agreement
Agreement for with the City of Lake Worth for disannexation by Lake Worth and
Disannexation the annexation by Fort Worth of approximately 1.6 acres of land
by Lake Worth located north of Foster Drive and west of Rench Road; and
and Annexation authorize the Mayor to execute the Joint Ordinance and Boundary
by Fort Worth Agreement. Council Member Wentworth made a motion, seconded
by Council Member Silcox, that the recommendation be adopted.
The motion carried unanimously.
C-18837 There was presented Mayor and Council Communication No. C-
Riverside 18837, dated November 13, 2001, from the City Manager
Holding, Inc. recommending that the City Council authorize the City Manager to
enter into a standard consent agreement with Riverside Holding,
Inc. to allow the installation of combination signs and awnings
over the sidewalk on Fifth Street at 600 Houston Street. Council
Member Davis made a motion, seconded by Mayor Pro tempore
McCloud, that the recommendation be adopted. The motion
carried unanimously.
C-18839 There was presented Mayor and Council Communication No. C-
Ord. #14863 18839 from the City Manager recommending that the City Council:
Change Order#1
to CSC #26739 - 1. Authorize the City Manager to transfer $44,691.50 from the
M. E. Burns Water and Sewer Fund to the Water Capital Project Fund in
Construction, the amount of $4,175.00, and the Sewer Capital Project
Inc. Fund in the amount of$40,516.50; and
2. Adopt Appropriation Ordinance No. 14863 increasing the
estimated receipts and appropriations in the Water Capital
Project Fund in the amount of $4,175.00 and in the Sewer
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NOVEMBER 20, 2001
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Capital Fund in the amount of $40,516.50 from available
funds for the purpose of funding Change Order No. 1 to the
contract with M. E. Burns Construction for 1998 Capital
Improvement Projects Various Locations Contract 2001D
Unit I: Water and Sewer Replacements; and
3. Authorize Change Order No. 1 to City Secretary Contract
No. 26739 with M. E. Burns Construction, Inc. for 1998
Capital Improvement Program Various Locations, Contract
2000D, Unit I: Water and Sewer Replacements in the
amount of $41,491.50, thereby revising the total cost to
$330,524.25.
It was the consensus of the City Council that the recommendation
be adopted.
C-18840 There was presented Mayor and Council Communication No. C-
Christopher's 18840 from the City Manager recommending that the City Council
Gourmet, Inc. authorize the City Manager to execute a Concessionaire Agreement
with Christopher's Gourmet, Inc. for restaurant space in the
terminal building at Fort Worth Meacham International Airport. It
was the consensus of the City Council that the recommendation be
adopted.
C-18841 There was presented Mayor and Council Communication No. C-
Rescind 18841 from the City Manager recommending that the City Council
Contract With authorize the rescission of the award of contract to Architectural
Architectural Utilities, Inc., d/b/a AUI General Contractors for the Far North
Utilities, Inc. Community Park Phase I Improvements; and authorize the City
d/b/a AUI Manager to execute a contract with AUI Contractors, Inc. in the
General amount of $426,244.75 for the construction of four soccer fields
Contractors, Inc. and parking lot facilities at the Far North Community Park. It was
the consensus of the City Council that the recommendation be
adopted.
C-18842 There was presented Mayor and Council Communication No. C-
Ord. #14864 18842 from the City Manager recommending that the City Council:
Ord. #14865
Ord. #14866 1. Authorize the City Manager to transfer $1,558,362.58 from
Sutton & the General Fund to the Contract Street Maintenance Fund;
Associates, Inc. and
2. Adopt Appropriation Ordinance No. 14864 increasing the
estimated receipts and appropriations in the Contract Street
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NOVEMBER 20, 2001
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Maintenance Fund in the amount of $1,558,362.58 from
available funds for the purpose of funding the FY2001-02
Street Maintenance Program; and
3. Adopt Appropriation Ordinance No. 14865 increasing the
estimated receipts and appropriations in the Contract Street
Maintenance Fund in the amount of $4,993,849.00 based on
funds received from the Fort Worth Transportation Authority
for the purpose of funding the FY2001-02 Street
Maintenance Program; and
4. Authorize the City Manager to transfer $322,838.75 from the
Water and Sewer Fund to the Water Capital Project Fund in
the amount of $161,419.38, and the Sewer Capital Project
Fund in the amount of$161,419.37; and
5. Adopt Appropriation Ordinance No. 14866 increasing the
estimated receipts and appropriations in the Water Capital
Projects Fund in the amount of $161,419.38 and in the Sewer
Capital Project Fund in the amount of $161,419.37 from
available funds for the purpose of funding the FY2001-02
Contract Street Maintenance Program; and
6. Authorize the City Manager to execute a contract with
Sutton & Associates, Inc. in the amount of $576,477.50 for
365 calendar days for HMAC Surface Overlay 2002-1.
Council Member Silcox made a motion, seconded by Council
Member Lane, that the recommendation be adopted. The motion
carried unanimously.
Z-01-032 It appeared that the City Council, at its meeting of October 23,
Continued for 2001, continued the hearing of Zoning Docket No. Z-01-032, Text
One Week Amendment amending the Zoning Ordinance 13896, as amended,
codified as Appendix "A" of the Code of the City of Fort Worth, by
amending Chapter 9 to add definitions of food vendors, temporary
vendors, and transient vendors, amending Section 5.406 to
establish regulations concerning temporary vendors, amending the
Residential District Use Table in Section 4.603 to add vendor,
transient as a use by right under temporary uses starting with the
A-43 District, amending the Non-Residential Use Table in Section
4.603 to add mobile vendors under the temporary uses, to exempt
all event/activities/festivals approved by the Board of Adjustment
under Section 5.400 of the Zoning Ordinance entitled "Amusement,
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Outdoor (Temporary)", all events/activities/festivals open to the
public for the purpose of providing entertainment, food and/or
sales of merchandise that no longer than three days. Mayor Barr
asked if there was anyone present desiring to be heard.
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 Silcox made a motion,
seconded by Council Member Davis, that the Zoning Hearing be
closed and that Zoning Docket No. Z-01-032 be continued for one
week. The motion carried unanimously.
ZC-01-1056 It appeared that the City Council, at its meeting of November 13,
Approved 2001, continued the hearing of the application of Gary Baker
Construction Company for a change in zoning of property located
at the Southwest corner of Boat Club Road and Eagle Ranch from
"E" Neighborhood Commercial to "PD/SU" Planned
Development/Specific Use for all uses in "E" Neighborhood
Commercial plus automotive lubrication, tune-ups and minor
repair, hours limited to 7:00 a.m. to 6:00 p.m., Monday through
Friday, 7:00 a.m. to 5:00 p.m. on Saturday, closed Sunday, and
waiver of site plan recommended, Zoning Docket No. AZ-01-1056,
be approved. Mayor Barr asked if there was anyone present
desiring to be heard.
Mr. Eric Smith, representing Quick Industries, appeared before
Council and stated that he would like to have the business open on
Sundays from 12:00 p.m. to 5:00 p.m.
Mr. John Garfield, representing the Development Department,
advised the Council that they could return this case to the Zoning
Commission for reconsideration of the Sunday operating hours, or
schedule the case for a special hearing which would require
renotification of the residents in this area.
Council Member Silcox made a motion, seconded by Council
Member Wentworth, that the following language be included in the
ordinance scheduled to come before Council on December 19,
2001, and that the language also pertain to this zoning case: "All
vehicles stored overnight for repair must be within an enclosed
building or enclosed behind a six foot screening fence. No
vehicles retained for repairs may be stored for more than 45 days."
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NOVEMBER 20, 2001
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Council Member Davis expressed concern that this action could
delay this case for possibly two months which would negatively
impact this business. She inquired if it was possible to approve
the case as presented and then have the applicant file a modified
plan at another time to request Sunday operating hours. Mr.
Garfield stated that was a possibility.
There being no one else present desiring to be heard in connection
with the application of Gary Baker Construction Company, Council
Member Haskin made a substitute motion, seconded by Council
Member Davis, that the Zoning Hearing be closed and that Zoning
Docket No. ZC-01-1056 be approved as is with the provision that
there would be no outside storage of vehicles allowed after
business hours. The motion carried unanimously.
Z-01-017 It appeared that the City Council, at its meeting of November 13,
Approved 2001, continued the hearing of the application of the City of Fort
Worth by the Planning Department for a change in zoning of
property located in Tract 24, 4200 through 5900 Block of East Loop
820 South, 5400 through 5700 Block of David Strickland Road, 5400
through 6000 Block of Laster Road, 5400 through 5700 Block of
Vesta Farley Road, 5400 through 5600 Block of Sun Valley Drive,
and 5500 through 5700 Block of Kaltenbrun Road from "B" Two-
Family to "A-5" One-Family, Zoning Docket No. Z-01-017. Mayor
Barr asked if there was anyone present desiring to be heard.
There being no one else present desiring to be heard in connection
with the application of Gary Baker Construction Company, Council
Member Moss made a motion, seconded by Mayor Pro tempore
McCloud, that the Zoning Hearing be closed and that Zoning
Docket No. Z-01-017 be approved. The motion carried
unanimously.
It appeared to the City Council that Notice of Public Hearing set
today as the date for the hearing in connection with the
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 October 29, 2001. Mayor Barr asked if there was
anyone present desiring to be heard.
SP-01-1014 Council Member Davis made a motion, seconded by Mayor Pro
Approved tempore McCloud, that the application of Omni Group for a site
plan for the property located in the Southeast corner of 7 t" Street
CITY COUNCIL MEETING
FORT WORTH, TEXAS
NOVEMBER 20, 2001
PAGE 15 of
and Summit Avenue, Site Plan for convenience store with gasoline
sales, Zoning Docket No. SP-01-1014, be approved. The motion
carried unanimously.
Council Member Davis also thanked the Omni Group for working
with Downtown Fort Worth on this site plan.
i here Illy iung uni:) one &se Ilpresein't desiii fingto be Iheard liiin c onunec ion
i tt'ui 'the ui�ec on i n ieinded &hanges and an�iu c i uii�i c in s to ,on Iii in g
�°rd� �iunance o 1389(3 `oLiin6i�� ftui .iuL er ��)a0s ui iiiade a uii�°iiotio
seconded by Mayor teiii.iulll q) e III c `Illixi i, 'that the Iheariun g be
&ll o sed a n i is at t h e °Ilf''o i 111 o i un g o rd� ii in a n ce be ad q:) te&
ORDINANCE NO. 14867
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.
""'I""'he ui .iio io can''ied Lflna6iiuim.ii4xi ly
Public Hearing It appeared that the City Council set today as the date for a public
2309 Dalford hearing for the Appeal of the Order of the Building Standards
Street Commission regarding 2309 Dalford Street. Mayor Barr asked if
Continued for there was anyone present desiring to be heard.
Two Weeks
Mr. Paul Bounds, representing Code Compliance, appeared before
the City Council, presented a staff report regarding property
located at 2309 Dalford Street, and recommended Council uphold
the decision of the Building Standards Commission by assessing a
CITY COUNCIL MEETING
FORT WORTH, TEXAS
NOVEMBER 20, 2001
PAGE 16 of
civil penalty of$4,400.00.
John Riley Mr. John Riley, 11883 County Road 2141, Kemp, Texas, appeared
before Council in opposition of the civil penalty. He stated that he
had recently purchased the property from his brother and attended
the October 22, 2001 Building Standards Commission meeting to
present a plan of action for repair. However, the Commission did
not let him present his plan and imposed the civil penalty. He
added that assessment of the civil penalty was counterproductive
to completing the repairs for the house. He asked the Council to
grant him 120 days to repair the house that belonged to his family.
Council Member Lane asked staff what could be done to hold the
fine in abeyance until the property was repaired.
Mr. Bounds replied that Council could return the case to the
Building Standards Commission and Mr. Riley would have the
opportunity to present his plan of action for repair. He added that
Council also had the option of modifying the order.
Mr. Riley stated that repairs to the house would cost approximately
$7,000.00.
There being no one else present desiring to be heard in connection
with the Appeal of the Order of the Building Standards
Commission regarding 2309 Dalford Street, Council Member Lane
made a motion, seconded by Council Member Silcox, that the
public hearing be continued for two weeks to allow staff and the
applicant to work out a repair plan for the property. The motion
carried unanimously.
Public Hearing It appeared that the City Council set today as the date for a public
1601-03 Birdell hearing for the Appeal of the Order of the Building Standards
Street Commission regarding 1601-03 Birdell Street. Mayor Barr asked if
Continued for there was anyone present desiring to be heard.
Two Weeks
Mr. Paul Bounds, representing Code Compliance, appeared before
the City Council, presented a staff report regarding property
located at 1601-03 Birdell Street, and recommended Council
uphold the decision of the Building Standards Commission by
assessing a civil penalty of $2,600.00.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
NOVEMBER 20, 2001
PAGE 17 of
Leavern Ms. Leavern Rollerson, 1601 Birdell, appeared before Council in
Rollerson opposition of the civil penalty. She stated that City staff had
informed her that the windows had to be replaced and that this had
been done. She added that at this point the outside of the house
had been painted, curtains added to the interior, and the plumbing
and electrical repairs should be completed in two weeks. The
house would be ready to be occupied at that time.
Mr. Bounds provided rebuttal and stated that all repairs were to be
completed in 30 days from September 25, 2001. He added that the
issue is failure to complete Phase 2 of the repair process and that
Ms. Rollerson was 26 days past due of making the repairs. He
asked Council to uphold the civil penalty of $2,600.00.
Council Member Moss stated that abatement of the problem was
most important to him.
There being no one else present desiring to be heard in connection
with the Appeal of the Order of the Building Standards
Commission regarding 1601-03 Birdell Street, Council Member
Moss made a motion, seconded by Mayor Pro tempore McCloud,
that the public hearing be continued for two weeks. The motion
carried unanimously.
Public Hearing It appeared that the City Council set today as the date for a public
2613 East hearing for the Appeal of the Order of the Building Standards
Vickery Commission regarding 2613 East Vickery Boulevard & Rear. Mayor
Boulevard & Barr asked if there was anyone present desiring to be heard.
Rear
Mr. Paul Bounds, representing Code Compliance, appeared before
the City Council, presented a staff report regarding property
located at 2613 East Vickery Boulevard & Rear, and recommended
Council uphold the decision of the Building Standards
Commission by assessing a civil penalty of$7,200.00.
Elijah Ragira Mr. Elijah Ragira, 5009 E. Lancaster, appeared before Council in
opposition of the civil penalty. He stated that work on the house
had been completed and that he was unaware of the requirement
for separate inspections from Code Compliance and the
Development Department. He requested Council grant him two
weeks to schedule and complete the final inspections.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
NOVEMBER 20, 2001
PAGE 18 of
Mr. Bounds provided rebuttal stating that Mr. Ragira was instructed
to call the Development Department for the final inspection. He
added that the plumbing and electrical inspections were done on
October 16, 2001, but that the building permit and final inspection
still needed to be done.
Mr. Ragira, in rebuttal, stated that he understood that Code
Compliance only needed to do the inspections.
There being no one else present desiring to be heard in connection
with the Appeal of the Order of the Building Standards
Commission regarding 2613 East Vickery Boulevard & Rear, Mayor
Pro tempore McCloud made a motion, seconded by Council
Member Moss, that the public hearing be closed and that a civil
penalty of $800.00 be assessed immediately and that if the
inspections have not been completed within two weeks, the
remainder of the $7,200.00 civil penalty would be imposed. The
motion carried unanimously.
Public Hearing It appeared that the City Council set today as the date for a public
4225 Killian hearing for the Appeal of the Order of the Building Standards
Street Commission regarding 4225 Killian Street. Mayor Barr asked if
there was anyone present desiring to be heard.
Mr. Paul Bounds, representing Code Compliance, appeared before
the City Council, presented a staff report regarding property
located at 4225 Killian Street, and recommended Council uphold
the decision of the Building Standards Commission by assessing a
civil penalty of$2,600.00.
Henry Young Mr. Henry T. Young, owner of the property, appeared before
Council in opposition of the civil penalty. He stated that the
electrical and plumbing work had been completed and that he was
waiting for the Development Department this morning to perform
their inspection. He asked Council to waive the civil penalty as he
still had to pay $6,300.00 in taxes due on the property.
Mr. Bounds stated that if repairs had been completed that it would
be appropriate to waive the civil penalty.
Council Member Moss stated that staff needed to develop a system
to ensure that every citizen received clear understanding of the
inspection process. He noted that Mr. Young had already
completed repair to this property although he had been given until
December 21, 2001 to do so.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
NOVEMBER 20, 2001
PAGE 19 of
There being no one else present desiring to be heard in connection
with the Appeal of the Order of the Building Standards
Commission regarding 4225 Killian Street, Council Member Moss
made a motion, seconded by Mayor Pro tempore McCloud, that the
public hearing be closed and that the civil penalty be imposed if
final inspection on this property had not been completed by
December 21, 2001. The motion carried unanimously.
Citizen Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council
Presentations regarding good will and further expressions of good faith.
G-13443 Assistant City Attorney Marcella Olson informed Council that the
Ord. #14868 ordinance also included Tract 24 from Zoning Docket No. Z-01-017.
Acceptance of She requested Council permit her to delete all references to Tract
Applications for 24.
Development of
Certain Property There was presented Mayor and Council Communication No. G-
13443 from the City Manager recommending that the City Council
adopt Ordinance No. 14868 adopting a 95-day moratorium expiring
February 22, 2002, on acceptance of concept plans, preliminary
plats and applications for building permits and other development
permits for properties located in the vicinity of the Western Shore
of Lake Arlington, South of the 6100 Block of Ramey Avenue, East
of the 2800-5300 Blocks of Interstate Loop 820 and North of
Interstate 20, pending consideration of rezoning of such
properties. Council Member Moss made a motion, seconded by
Council Member Lane, that the recommendation be adopted as
amended. The motion carried unanimously.
Executive It was the consensus of the City Council that they recess into
Session Executive Session at 12:33 p.m. to:
1. Seek the advice of its attorneys concerning the following
pending or contemplated litigation or other matters that are
exempt from public disclosure under Article X, Section 9 of
the Texas State Bar Rules, as authorized by Section 551.071
of the Texas Government Code:
a) S. N. Livingston, et al v. City of Fort Worth, Cause No.
352-176354-98; and
b) Bradley W. Hickey, et al v. City of Fort Worth, Cause
No. 348-185345-00; and
CITY COUNCIL MEETING
FORT WORTH, TEXAS
NOVEMBER 20, 2001
PAGE 20 of
c) Fort Worth Professional Fire Fighters Association, Jim
Tate, J. R. Sullivan, Landon Stallings, Pat Vasquez,
and Don Westmoreland, Jr. v. City of Fort Worth,
Cause No. 17-185635-00; and
d) Noemi Robles, Individually, and as Heir of Cassandra
Robles v. Arturo Garza, Juanita Garza, and the City of
Fort Worth, Cause No. 141-174337-98; and
e) City of Denton, et al v. TXU Electric Company, et al,
Cause No. 009383 (Dallas County, 134th Judicial
District); and
f) Legal issues concerning the provisions of jail
services; and
g) Legal issues concerning the sale of City-owned
surplus real property; and
h) Legal issues concerning any City Council agenda
item; and
2. Deliberate the purchase, sale, lease, or value of real property
in accordance with Section 551.072 of the Texas Government
Code. Deliberation in an open meeting would have a
detrimental effect on the position of the City in negotiations
with a third party; and
3. Deliberate concerning Economic Development negotiations
as authorized by Section 551.086 of the Texas Government
Code; and
4. Deliberate the deployment, or specific occasions for
implementation of security personnel or devices, in
accordance with Section 551.076 of the Texas Government
Code; and
CITY COUNCIL MEETING
FORT WORTH, TEXAS
NOVEMBER 20, 2001
PAGE 21 of
5. Deliberate concerning the annual performance evaluations
of the following City Council-appointed officials:
a) City Manager
b) City Attorney
c) City Secretary
d) City Auditor
in accordance with Section 551.074 of the Texas Government
Code.
Reconvened The City Council reconvened into regular session at 3:22 p.m.
Setting Salaries Mayor Pro tempore McCloud made a motion, seconded by Council
for City Officials Member Davis, that the City Manager, City Secretary, and City
— FY 2001-2002 Auditor receive a 5 percent raise and the City Attorney receive a 10
percent raise. The motion carried unanimously.
L-13183 There was presented Mayor and Council Communication No. L-
Sale of Tax 13183, dated November 6, 2001, from the City Manager
Foreclosure recommending that the City Council authorize the sale of tax
Property foreclosure property described at Lot 15, Block 2 (1737 East Davis
Avenue), Belmont Addition, Tarrant County, Texas, to the Friendly
Temple Church of God in accordance with Section 34.015 of the
Texas Property Tax Code (DOE 920); and authorize the City
Manager to execute the appropriate deed conveying the property to
Friendly Temple Church of God, and record the deed. Mayor Pro
tempore McCloud made a motion, seconded by Council Member
Haskin, that the recommendation be adopted. The motion carried
unanimously.
L-13185 There was presented Mayor and Council Communication No. L-
Sale of Tax 13185, dated November 6, 2001, from the City Manager
Foreclosure recommending that the City Council authorize the sale of tax
Property foreclosure property described as Lot 24, Block A (904 Parkdale
Street), Ocie Speer Addition, Tarrant County, Texas, to the Fort
Worth Independent School District in accordance with Section
34.015 of the Texas State Property Code (DOE 920); and authorize
the City Manager to execute the appropriate deed conveying the
property to the Fort Worth Independent School District, and record
the deed. Council Member made a motion, seconded by
Council Member , that the recommendation be adopted. The
motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
NOVEMBER 20, 2001
PAGE 22 of
Council Member Moss informed Council that he had a conflict with
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 Council
Member Lane, that Mayor and Council Communication No. L-13192
be adopted. The motion carried by the following vote:
AYES: Mayor Barr; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Haskin,
Wentworth, and Davis
NOES: None
ABSENT: Council Member Picht
NOT VOTING: Council Member Moss
L-13190 There was presented Mayor and Council Communication No. L-
Purchase 13190 from the City Manager recommending that the City Council
Property for approve the purchase of property described as Lots 3 and 4, Block
Development of 6 (809 and 813 South Freeway), Alvord and Veals Addition, Tarrant
Evans Avenue County, Texas, from Rudolph Wilkinson, for $30,000.00 plus
and Rosedale estimated closing costs for the development of the Evans Avenue
Street Business and Rosedale Street Business and Cultural District (DOE 2886);
and Cultural and authorize the City Manager to execute the appropriate closing
District documents, and allow the Engineering Department, Real Property
Division to file the deed in the City's name. Mayor Pro tempore
McCloud made a motion, seconded by Council Member Moss, that
the recommendation be adopted. The motion carried unanimously.
L-13191 There was presented Mayor and Council Communication No. L-
Purchase 13191 from the City Manager recommending that the City Council
Property for approve the purchase of property described as Lot 17, Block 3
Development of (1050 Missouri Avenue), Evans South Addition, Tarrant County,
Evans Avenue Texas, from James E. Guinn III, for $41,500.00 plus estimated
and Rosedale closing costs for the development of the Evans Avenue and
Street Business Rosedale Street Business and Cultural District (DOE 2886); and
and Cultural authorize the City Manager to execute the appropriate closing
District documents, and allow the Engineering Department, Real Property
Division to file the deed in the City's name. Mayor Pro tempore
McCloud made a motion, seconded by Council Member Davis, that
the recommendation be adopted. The motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
NOVEMBER 20, 2001
PAGE 23 of
L-13194 There was presented Mayor and Council Communication No. L-
insert proper 13194 from the City Manager recommending that the City Council
M&C description approve the purchase of property described as the West 65-feet of
Lot 4, Block 1 (915 Missouri Avenue), Evans South Addition,
Tarrant County, Texas, from Elvin Tatum, for $22,500.00 plus
estimated closing costs for the development of the Evans Avenue
and Rosedale Street Business and Cultural District (DOE 2886);
and authorize the City Manager to execute the appropriate closing
documents, and allow the Engineering Department, Real Property
Division to file the deed in the City's name. Mayor Pro tempore
McCloud made a motion, seconded by Council Member that the
recommendation be adopted.
L-13197 There was presented Mayor and Council Communication No. L-
Sale of Four Tax 13197 from the City Manager recommending that the City Council
Foreclosure consent to the sale of four tax foreclosure properties to the Fort
Properties Worth Area Habitat for Humanity, Inc. in accordance with Section
34.05 of the Texas Property Code (DOE 920) for a total cost of
$10,000.00; and accept, as payment of City taxes due on the
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 four
properties to the Fort Worth Area Habitat for Humanity, Inc.
Council Member Davis made a motion, seconded by Council
Member Moss, that the recommendation be adopted. The motion
carried unanimously.
L-13198 There was presented Mayor and Council Communication No. L-
Sale of Two Tax 13198 from the City Manager recommending that the City Council
Foreclosure consent to the sale of two tax foreclosure properties located at
Properties 2809 and 2821 N.W. 19th Street, Fort Worth, Tarrant County, Texas,
from Lake Worth Independent School District, in accordance with
Section 34.05 of the Texas Property Tax Code (DOE 920) for a total
amount of $4,000.00; and accept as payment of City of Fort Worth
taxes due on the two properties a proportional share of the
purchase amount received, less court costs and fees; and
authorize the City Manager to execute the appropriate deeds
conveying the properties to Mr. Tony Braxton of C/CO Trust.
Council Member Davis made a motion, seconded by Mayor Pro
tempore McCloud, that the recommendation be adopted. The
motion carried unanimously.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
NOVEMBER 20, 2001
PAGE 23 of 23
and authorize the City Manager to execute the appropriate closing
documents, and allow the Engineering Department, Real Property
Division to file the deed in the City's name. Mayor Pro tempore
McCloud made a motion, seconded by Council Member that the
recommendation be adopted.
L-13197 There was presented Mayor and Council Communication No. L-
Sale of Four Tax 13197 from the City Manager recommending that the City Council
Foreclosure consent to the sale of four tax foreclosure properties to the Fort
Properties Worth Area Habitat for Humanity, Inc. pursuant to Section 34.05 of
the Texas Property Code (DOE 920) for a total cost of $10,000.00;
and accept, as payment of City taxes due on the 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 four
properties to the Fort Worth Area Habitat for Humanity, Inc.
Council Member Davis made a motion, seconded by Council
Member Moss, that the recommendation be adopted. The motion
carried unanimously.
L-13198 There was presented Mayor and Council Communication No. L-
Sale of Two Tax 13198 from the City Manager recommending that the City Council
Foreclosure consent to the sale of two tax foreclosure properties located at
Properties 2809 and 2821 N.W. 19th Street, Fort Worth, Tarrant County, Texas,
from Lake Worth Independent School District, pursuant to Section
34.05 of the Texas Property Tax Code (DOE 920) for a total amount
of $4,000.00; and accept as payment of City of Fort Worth taxes
due on the two properties a proportional share of the purchase
amount received, less court costs and fees; and authorize the City
Manager to execute the appropriate deeds conveying the
properties to Mr. Tony Braxton of C/CO Trust. Council Member
Davis made a motion, seconded by Mayor Pro tempore McCloud,
that the recommendation be adopted. The motion carried
unanimously.
Adjournment There being no further business, the meeting was adjourned at
3:25 p.m.
L i (. (e
CITY
RETARY MAYOR