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HomeMy WebLinkAbout1995/08/15-Minutes-City Council August 15, 1995 Attendance Invocation Pledge August 8, 1995 minutes approved Youth Crime Crime Comm. Day C-14972 cont . two weeks Consent agenda adopted Budget CITY COUNCIL MEETING AUGUST 15 , 1995 On the 15th day of August , A.D. , 1995 , the City Council of the City of Fort Worth, Texas , met in regular session, at 10 : 34 a.m. , with the following members and officers present : Mayor Pro tempore Virginia Nell Webber; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Eugene McCray, Jewel Woods , Bill Meadows, and Kenneth Barr; City Manager Bob Terrell ; City Attorney Wade Adkins; City Secretary Alice Church. Mayor Granger was temporarily absent . With more than a quorum present , the following business was transacted: The invocation was given by Dr. K. Wayne Day, First United Methodist Church. The Pledge of Allegiance was recited. On motion of Council Member Haskin, seconded by Council Member Woods , the minutes of the regular meeting of August 8 , 1995 , were approved unanimously. Ms . Patsy Thomas appeared before the City Council and presented a report from America Youth Crime Commission and Council Member Meadows presented a proclamation for Americorp Youth Crime Commission Day. City Manager Terrell requested that Mayor and Council Communication No. C-14972 be continued for two weeks . On motion of Council Member Lane, seconded by Council Member Woods, the consent agenda was adopted unanimously. On August 8, 1995 , City Manager Terrell delivered to each of the City Council members a _opy of the proposed budget for Fiscal Year 1995-96 . 0 Ord. No. 12074 Council Member McCray introduced Ordinance No. 12074 on first reading setting forth an itemized estimate of the expense of conducting each department , division and office of the municipal government of the City of Fort Worth for the ensuing Fiscal Year beginning October 1 , 1995, and ending September 30 , 1996, and appropriating money for the various funds and purposes of such estimate; appropriating money to pay interest and principal sinking fund requirement on all outstanding general indebtedness; providing for public hearings upon this ordinance before the entire City Council sitting as a Committee of the Whole; and providing a savings clause for the repeal of all ordinances and appropriations in conflict with the provisions of this ordinance; and for the publication and final passage thereof . Council Member Meadows seconded the motion, and it carried unanimously. It was the consensus of the City Council that the City Council sit as a Committee of the Whole to hear any complaints , suggestions , or observations that any citizen, taxpayer, or interested person may desire to make with reference to the proposed budget of the City of Fort Worth for the 1995-96 Fiscal Year and continue to deliberate at each successive regular City Council meeting until the public has been given sufficient opportunity to be heard. The proposed ordinance levying Ad Valorem Taxes for the 1995-96 Fiscal Year Budget based on the City Manager's estimate was introduced. Res. No. 2086 There was presented proposed Resolution No. 2086 setting a public public hearing hearing on a proposal to increase total tax revenues from properties on the tax roll in 1995 by 5. 51 percent . Council Member Meadows made a motion, seconded by Council Member Barr , that the resolution be adopted. The motion carried by the following vote: AYES: Mayor Pro tempore Webber; Council Members Lane, Haskin, McCray, Woods , Meadows , and Barr NOES: Council Member Silcox ABSENT: Mayor Granger Council Member Haskin introduced Mr. Sergio Braga who visited with her over the last month from Brazil , while performing his internship with the YMCA. P/Hearing FY A public hearing was held on the FY 1995-96 budget , but no one 1995-96 Budget wished to speak. OCS-738 There was presented Mayor and Council Communication No. OCS-738 claims 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. G-11188 There was presented Mayor and Council Communication No. G-11188, dated August 8 , 1995 , from the City Manager recommending that the City Council : Adopt Ord. 1 . Adopt Ordinance No. 12075 regulating the rates and No. 12075 charges of all persons, firms, corporations or rates & associations of persons engaged in the business of charges furnishing, distributing, or delivering Natural Gas to residential and commercial customers in the City of Fort Worth, Texas; and Lone Star 2 . Lone Star Gas Company be invoiced to reimburse the Gas City of Fort Worth for the funds expended to engage the consultant , in an amount not to exceed $26,000 .00 Mr . Gary Cumbie, 1550 Dalewood Ct. , appeared before the City Council and advised Council that Lone Star Gas Company did accept the rate that was set by the Council . Tuesday, August 15, 1995 555 Council Member Meadows made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. G-11188 be adopted. The motion carried by the following vote: AYES: Mayor Pro tempore Webber; Council Members Lane, Haskin, McCray, Woods , Meadows, and Barr NOES: Council Member Silcox ABSENT: Mayor Granger G-11189 There was presented Mayor and Council Communication No . G-11189 appoint Ms. from the City Manager recommending that the City Council appoint Ms. Dorothy Dorothy DeBose who lives at 5713 Humbert, Fort Worth, 76107 , Council DeBose Discpl . District 7 , to fill the unexpired term of Ms . Arlene Shorter on the Appeals Disciplinary Appeals Board. It was the consensus of the City Council Board that the recommendation be adopted. G-11190 There was presented Mayor and Council Communication No. G-11190 from the City Manager recommending that the City Council : Appr. assess. 1 . Approve the final assessment roll for the paving Bourine St. of Bourine Street from Blackmore Avenue to Geddes Avenue, and Auth. issuance 2 . Authorize the issuance of certificates as evidence of certificates of the special assessments levied against the abutting property owners on Bourine Street . It was the consensus of the City Council that the recommendation be adopted. G-11191 There was presented Mayor and Council Communication No. G-11191 adopt Ord. from the City Manager recommending that the City Council adopt No. 12076 Ordinance No. 12076 amending Chapter 35, "Water and Sewers" by amending Water 5 Section 35-37 and by adding sections 35-57 . 1; 35-57 . 2 ; 35-57 . 3; 35- Sewer Tap 57 . 4; 35-57 . 5; 35-57 . 6; 35-57 .7 ; 35-57 . 8; and 35-57 . 9; dealing with Connections Water Meters; Sanitary Sewers; Water and Sewer Taps and Connections, and charges for installation of Water and Sewer Tap and Connections . Don Davis Mr. Don Davis, Sales Manager for Rotor Rooter, 4600 Marsalis , appeared appeared before the City Council and stated his objection of the implementation of the new policy. He advised Council that. a letter was sent out by the City to all master plumbers stating that a City crew would respond first in cases of emergency. Lee Bradley Mr. Lee Bradley, Interim Director of Water, appeared before the appeared City Council and advised Council that it was not the City's intention to respond to calls on private service lines , but that if it was an emergency, the City's crew would go onto private property to check out the line blockage. Linda Nelson Ms . Linda Nelson appeared and stated that the City Crews would appeared respond to clear the City' s lines first , and stop the overflow from entering the storm drains,but that no more calls are expected than under the current policy. City Manager Terrell stated that this issue could be corrected and featured in both the City Page and the City Times . Council Member McCray asked staff to look into sewer back-ups at the corner of Maceo Lane and Victoria that occur every year during the rains . Council Member Silcox made a motion, seconded by Council Member McCray, that Mayor and Council Communication No. G-11191 be adopted. The motion carried unanimously. . 556 Tuesday, August 15, 1995 G-11192 auth. There was presented Mayor and Council Communication No. G-11192 installation from the City Manager recommending that the City Council authorize the of banners in City Manager, or his designee, to enter into a consent agreement with the right-of- Texas Christian University; such agreement permitting installation of way banners in the right-of-way. Council Member Barr informed Council that the map attached to Mayor and Council Communication No. G-11192 was revised and stated that a new map had been passed out to the City Council , but advised Council that he had an amendment to increase the boundary on University Drive between Park Hill and Berry and on Berry Street between W. Bellaire to the east down Berry Street as far as Cleburne. Road. The motion was seconded by Council Member Meadows . The motion carried unanimously. P-7528 There was presented Mayor and Council Communication No. P-7528 auth. a purch. from the City Manager recommending that the City Council authorize a agree. to purchase agreement to provide screenings disposal service for the Water screenings dis- Department with USA Waste Services, Inc. on the overall low bid, posal service meeting City specifications, of unit prices for a total amount not to USA Waste exceed $185 , 450 .00 net, with term of agreement to begin August 17 , Services, Inc. 1995, and end August 16, 1996, with the option to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-7529 There was presented Mayor and Council Communication No. P-7529 auth. purch. from the City Manager recommending that the City Council authorize a agree. gloves, purchase agreement for gloves, safety vests and back supports for the safety vests & City of Fort Worth with Safety Supply Incorporated based on low bid of back supports unit prices, terms net 30 days, f . o.b. destination, freight no charge, Safety Supply with term of agreement to begin August 17 , 1995, and end August 16, Incorporated 1996, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. P-7530 There was presented Mayor and Council Communication No. P-7530 auth. purch. from the City Manager recommending that the City Council authorize a agree, vertical purchase agreement to provide vertical pump repair for the City of Fort pump repair Worth with Johnston Pump Co. , the sole bidder, with payment terms of Johnston Pump net 30 days, f .o.b. destination, freight no charge, with term of Co. agreement to begin August 18, 1995, and end August 17 , 1996 with two one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-7531 There was presented Mayor and Council Communication No. P-7531 auth. purch. from the City Manager recommending that the City Council authorize a agree. manhole purchase agreement for manhole frames & lids for the City of Fort Worth frames & lids with Bass & Hays Foundry, Inc. on the overall low bid of unit prices Bass & Hays meeting specifications with payment terms of net 30 days, f .o.b. Foundry, Inc. destination, freight allowed, with term of agreement to begin August 15 , 1995 , and end August 14, 1996, with two one year options to renew. It was the consensus of the City Council that the recommendation be adopted. P-7532 There was presented Mayor and Council Communication No. P-7532 auth. purch. from the City Manager recommending that the City Council authorize the of one tug purchase of one tug tractor from American Lift Truck and Tractor Co. on tractor low bid meeting specifications of $22 ,362 .00 and on skid steer loader American Lift from Mega Equipment Co. on low bid of $10 , 200 . 00 , for a total amount Truck & not to exceed $32, 562 .00 f .o.b. destination, freight no charge and Tractor Co. payment terms of net 10 days for American Lift Truck and Tractor Co. and net 30 days for Mega Equipment Co. It was the consensus of the City Council that the recommendation be adopted. P-7533 auth. purch. of computer & hardware various vendors There was presented Mayor and Council Communication No. P-7533 from the City Manager recommending that the City Council authorize the purchase of computer and hardware for a Pinnacle system for the City Manager' s Department from various vendors, on low bid per unit meeting City specifications, not to exceed $86,503 . 95 , net 30 days, f . o.b. destination, freight no charge. It was the consensus of the City Council that the recommendation be adopted. � I 557 P-7534 There was presented Mayor and Council Communication No. P-7534 reject all from the City Manager recommending that the City Council reject all bids garbage bids received for bid quotation 95-0269 for garbage bags for the Parks bags and Community Services Department , and allow for re-bid. It was the consensus of the City Council that the recommendation be adopted. P-7535 There was presented Mayor and Council Communication No. P-7535 exercise from the City Manager recommending that the City Council exercise the ren. opt. remaining renewal option of the purchase agreement for latex gloves for punch. agree. the Fire and Police Departments with Biosafety Systems, Inc . , at $ . 318 latex gloves per pair, f . o.b. destination, net 30 days, with term of agreement to Biosafety begin July 13, 1995, and end July 12 , 1996. It was the consensus of Systems Inc. the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. P-7536 P-7536 exer. from the City Manager recommending that the City Council exercise the ren. opt. remaining renewal option of the purchase agreement to provide litter purch. agree. removal service for the Parks and Community Services Department with litter removal Texas Industries for the Blind and Handicapped, with term of agreement serv. Texas to begin August 1, 1995, and end July 31, 1996, with no further renewal Indust. for the options remaining. It was the consensus of the City Council that the Blind 6 Handcp. recommendation be adopted. P-7537 There was presented Mayor and Council Communication No. P-7537 exer. renew from the City Manager recommending that the City Council exercise the purch. agree. first option to renew a purchase agreement for traditional firefighting trad. fire- helmets for the Fire Department with Morning Pride Manufacturing Inc. fighting helmets at $178 . 50 each with payment terms of net 30 days , freight no charge, Morning Pride with term of agreement to begin June 21, 1995 , and end on June 20 , Manufacturing 1996, with one option remaining. It was the consensus of the City Council that the recommendation be adopted. L-11610 There was presented Mayor and Council Communication No . L-11610 auth. sale of from the City Manager recommending that the City Council authorize the twenty-four (24) sale of twenty-four (24) properties in Irving, Texas, more fully properties in described on the attachment that was included in the Council Irving, Texas Proceedings File of this meeting; declare each of the properties to be D/FW Airport surplus to the needs of the City of D/FW Airport; authorize each property to be advertised for sale by sealed bids at various minimum bid amounts, with retention of necessary avigation easements; and authorize the acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-11611 There was presented Mayor and Council Communication No. L-11611 auth. fee from the City Manager recommending that the City Council authorize the simple acqu. fee simple acquisition of 22 properties in Irving, Texas, more fully 22 properties described on the attachment that was included in the Council in Irving, Proceedings File of this meeting; find that the purchase prices offered Texas D/FW by the Airport are just compensation for property acquired from various Airport owners and required for the expansion of D/FW Airport; and authorize the acceptance and recording of the appropriate instruments . It was the consensus of the City Council that the recommendation be adopted. L-11612 There was presented Mayor and Council Communication No. L-11612 approve sale from the City Manager recommending that the City Council approve the of surplus sale of 17,527 .0 sq. ft. of surplus right-of-way on Pecan Street (east right-of-way one half) , between 4th Street and 5th Street , and the east one half of Pecan Street 5th Street between its intersection with the centerline of Pecan Street Tindall Prop. and the Atchison, Topeka and Santa Fe right-of-way, to Tindall Ltd. Properties , Ltd. , for the sum of $13 , 145 . 25, subject to the retention, by the City, of all existing easements to the City of Fort Worth, and authorize the City Manager to execute the appropriate instrument conveying the property. It was the consensus of the City Council that the recommendation be adopted. 558 Tuesday , August 15 , 1995 - n L-11613 There was presented Mayor and Council Communication No . L-11613 approve from the City Manager recommending that the City Council approve the acquisition acquisition of permanent easements in various lots and blocks of the of permanent Chamberlin Arlington Heights 1st and 2nd Filing; find that $1 . 00 is easements just compensation for each easement acquired from various owners , Chamberlin required for the construction and maintenance of 8-inch sanitary sewer Arlington lines , L-5584 and L-6179 and L-2485 Contract XXII ; and authorize the Heights City Manager to accept and record the conveyance instruments . It was the consensus of the City Council that the recommendation be adopted. L-11614 There was presented Mayor and Council Communication No . L-11614 approve the from the City Manager recommending that the City Council approve the sale surplus sale of 10 ,882 .0 sq. ft . of surplus right-of-way on Pecan Street (west right-of-way one half) between 4th Street and 5th Street , between its intersection Tindall Record with the centerline of Pecan Street and Spur 280 , to Tindall Record Storage Storage for the sum of $8 , 161. 50 , subject to the retention, by the City, of all existing easements to the City of Fort Worth, and authorize the City Manager to execute the appropriate instrument conveying they property. It was the consensus of the City Council that the recommendation be adopted. PZ-1824 adopt Ord. No. 12077 vac. aband. clos. ten (10) foot utility easement Summer- fields Addition PZ-1825 adopt Ord. No. 12078 vac. aband. cl 15 ft. wd. san sew. a/meat & a 20 ft. wd. san. sw. em. PZ-1826 auth. standard consent agree. Harris-Methodis' Hospital utilit; tunnel in 6th Avenue C-14960 auth. cont. Circle "C" Cons. Inc. Sanit. Sewer Main M-311 C-14961 Approve a loan/grant combination HOME Contract CAN HOME There was presented Mayor and Council Communication No. PZ-1824 from the City Manager recommending that the City Council adopt Ordinance No. 12077 vacating, abandoning, closing and extinguishing a ten (10) foot wide utility easement located within the Summerfields Addition to the City of Fort Worth, Texas , providing for reversion of fee in said land. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. PZ-1825 from the City Manager recommending that the City Council adopt Ordinance No. 12078 vacating, abandoning, closing and extinguishing a fifteen (15) foot wide sanitary sewer easement and a twenty (20) foot wide sanitary sewer easement located within the River Park Addition to the City of Fort Worth, Texas . It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. PZ-1826 from the City Manager recommending that the City Council authorize the appropriate Assistant City Manager to enter into a standard consent agreement with Harris-Methodist Hospital ; such agreement permitting the installation of a utility tunnel in 6th Avenue. On motion of Council Member Woods, seconded by Council Member Haskin, the recommendation was adopted unanimously. There was presented Mayor and Council Communication No. C-14960 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Circle "C" Construction, Inc. , in the amount of $2 ,587 ,085 . 50 for Sanitary Sewer Main M-311 Replacement and Drainage Area Rehabilitation, Part III . It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-14961 from the City Manager recommending that the City Council : I 1 . Approve a loan/grant combination in an amount up to $150 ,000 .00 ($100 ,000 .00 loan and up to $50 ,000 .00 grant) in HOME Investment Partnerships Program funds to Cornerstone Assistance Network (CAN) to rehabilitate a facility for a Section 8 Moderate Rehabilitation Single Room Occupancy (SRO) project for the homeless , and 2 . Authorize the City Manager to execute a contract with CAN in the amount not to exceed $150 ,000 . 00 in HOME Investment Partnerships Program funds from the U. S. Department of Housing and Urban Development (HUD) to rehabilitate a facility for a Section 8 Moderate Rehabilitation Single Room Occupancy project, and 559 Tuesday, August 15 , 1995 3 . Authorize the Department of Housing to submit periodic requests for reimbursement to HUD for wire transfer to the Bank of America Local HOME Investment Trust Fund Account . It was the consensus of the City Council that the recommendation be adopted. C-14962 There was presented Mayor and Council Communication No. C-14965 There was presented Mayor and Council Communication No. C-14962 auth. eng. from the City Manager recommending that the City Council : from the City Manager recommending that the City Council authorize the serv. agree. 1. Authorize the City Manager to transfer $20 , 439.00 City Manager to execute an engineering services agreement with Turner Turner, Collie from Water and Sewer Operating Fund to the Water Collie & Braden, Inc. , in the amount of $304, 985 . 00 to prepare plans & Braden, Inc. Capital Projects Fund in the amount of $13 ,035.00 and specifications for the design of Sanitary Sewer Main 126 and Main plans & spec. and to the Sewer Capital Projects Fund in the 250 Drainage Area Rehabilitation and Sewer Improvements . (Group 3 , for san. sew. amount of $7 , 404 . 00 , and Contract 3) . It was the consensus of the City Council that the Main 126 2 . Adopt Appropriations Ordinance No . 12079 recommendation be adopted. C-14963 increasing the estimated receipts and There was presented Mayor and Council Communication No . C-14963 auth. eng. appropriations in the Water Capital Projects Fund from the City Manager recommending that the City Council authorize the agree. Wade b in the amount of $13,035 .00 for the purpose of City Manager to execute an engineering agreement with Wade & Assoc. Inc. funding an engineering agreement with Teague, Nall Associates , Inc. , in the amount of $142, 385.00 for the Sanitary Sewer San. Sew. Main & Perkins, consulting engineers, for street Main 207 and 207A Drainage Area Rehabilitation and Sewer Improvements 207 & 207A reconstruction and water and sewer replacement on (Group 3 , Contract 4) . It was the consensus of the City Council that Drain Area Reh. Inverness Avenue I-20 Service Road to Lanark, the recommendation be adopted. C-14964 Walden Avenue (I-20 Service Road to Selkirk) and There was presented Mayor and Council Communication No. C-14964 auth. cont. Whitfield Avenue (South Drive to Walden Avenue) ; from the City Manager recommending that the City Council authorize the Moore Const. and Ordinance No. 12080 increasing the estimated City Manager to execute a contract with Moore Construction, Inc . , in Inc. Diamond receipts and appropriations in the Sewer Capital the amount of $46,892 . 25 for renovation of the Diamond Hill Community Hill Comm. Projects Fund in the amount of $7 , 404.00 for the Center parking lot . It was the consensus' of the City Council that the Center park. lot 11 recommendation be adopted. C-14965 There was presented Mayor and Council Communication No. C-14965 from the City Manager recommending that the City Council : Auth. transfer 1. Authorize the City Manager to transfer $20 , 439.00 Water & Sewer from Water and Sewer Operating Fund to the Water Operating Fund Capital Projects Fund in the amount of $13 ,035.00 and to the Sewer Capital Projects Fund in the amount of $7 , 404 . 00 , and Adopt Approp. 2 . Adopt Appropriations Ordinance No . 12079 Ord. No. 12079 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $13,035 .00 for the purpose of funding an engineering agreement with Teague, Nall & Perkins, consulting engineers, for street reconstruction and water and sewer replacement on Inverness Avenue I-20 Service Road to Lanark, Walden Avenue (I-20 Service Road to Selkirk) and Whitfield Avenue (South Drive to Walden Avenue) ; Ord. No. 12080 and Ordinance No. 12080 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $7 , 404.00 for the purpose of funding an Engineering Agreement with Teague, Nall & Perkins , consulting engineers, for street reconstruction and water and sewer replacement on Inverness Avenue I-20 service road to Lanark, Walden Avenue ( I-20 Service Road to Selkirk) and Whitefield Avenue (South Drive to Walden Avenue) , and Auth. eng. 3 . Authorize the City Manager to execute an serv. agree. engineering services agreement with Teague, Nall & Teague, Nall b Perkins, Consulting Engineers , Fort Worth, Texas, Perkins design for a fee not to exceed $61 , 260 . 00 , to prepare of pavement, plans and specifications for the design of storm drain , pavement , storm drain, water and sanitary sewer water & san. facilities for Inverness Avenue I-20 Service Road sew. fac. to Lanark, Walden Avenue ( I-20 Service Road to Selkirk) and Whitfield Avenue (South Drive to Walden) . 560 C-14966 Adopt Ord. No. 12081 Ord. No. 12082 Auth. eng. sery agree. uunwal Assoc. Inc. plans & spec. design pavement storm drain, water & sanit. sewer fac. C-14967 auth. eng. serv. agree. Halff & Assoc. Inc. plans & spec. C-14968 Adopt Ord. No. 12083 Approve fund transfer Adopt Approp. Ord. No. 12084 It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-14966 from the City Manager recommending that the City Council : 1 . Authorize the City Manager to transferl*$37 , 719.00 from Water and Sewer Operating Fund to the Water Capital Projects Fund in the amount of $35,028 .00 and Sewer Capital Projects Fund in the amount of $2 , 619 .00 , and 2 . Adopt Ordinance No. 12081 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $35,028 .00 for the purpose of funding an Engineering Services Agreement with Dunway Associates, Inc. , Consulting Engineers, for Street Reconstruction and Water and Sewer Replacement on Blackmore Avenue, Libbey Avenue, and Merrick Street, and adopt Ordinance No. 12082 increasing the estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $2 , 619 .00 for the purpose of funding an engineering services agreement with Dunway Associates, Inc. , consulting engineers, for street reconstruction and water and sewer replacement on Blackmore Avenue, Libbey Avenue, and Merrick Street , and 3 . Authorize the City Manager to execute an engineering services agreement with Dunway Association, Inc . , 1501 Merrimac Circle, Fort Worth, Texas , for a fee not to exceed $74 ,235.00 to prepare plans and specifications for the design of pavement, storm drain, water and sanitary sewer facilities for Blackmore Avenue, Libbey Avenue, and Merrick Street . It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-14967 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering services agreement with Halff & Associates, Inc. , 4000 Fossil Creek Blvd. , Fort Worth, Texas, for a fee not to exceed $88,028 .00 to prepare plans and specifications for the design of Martha Lane Channel (Milam to Sandy) improvements, pavement restoration and utility relocations. It was the consensus of the City Council that the recommendation be adopted. There was presented Mayor and Council Communication No. C-14968 from the City Manager recommending that the City Council : 1. Adopt Appropriation Ordinance No. 12083 increasing estimated receipts and appropriations in the Special Assessment Fund by $13 ,232 . 25, and 2 . Approve a $13, 232 . 25 fund transfer for the property owners' share of construction costs from the Special Assessments Fund to the Street Improvements Fund, and 3 . Adopt Appropriation Ordinance No. 12084 increasing estimated receipts and appropriations in the Street Improvements fund by $13,232 . 25 from increased revenues for the purpose of the reconstruction of Dickson from Hemphill to 6th Avenue, and 661 Tuesday, August 15, 1995 Auth. cont . 4 . Authorize the City Manager to execute a contract McClendon with McClendon Construction, Inc. , in the amount Const . Inc. of $514,194. 85 for the reconstruction of Dickson rec. Dickson from Hemphill to 6th Avenue. It was the consensus of the City Council that the recommendation be adopted. • C-14969 There was presented Mayor and Council Communication No. C-14969 from the City Manager recommending that the City Council : Auth. transfer 1 . Authorize the City Manager to transfer $474, 423 . 10 from Water and Sewer Operating Fund to the Water Capital Projects Fund, and Adopt Approp. 2 . Adopt Appropriations Ordinance No. 12085 Ord. No. 12085 increasing the estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $475, 423 .10 for the purpose of funding the execution of a contract with JRB Construction, Inc . , for Water Rehabilitation Contract Z (Part III ) , and Auth. contract 3 . Authorize the City Manager to execute a contract JRB Const. Inc. with JRB Construction, Inc. , in the amount of Water Rehab. $483, 809.10 for Water Rehabilitation Contract Z Cont. Z Pt. III (Part II ) . It was the consensus of the City Council that the recommendation be adopted. C-14970 There was presented Mayor and Council Communication No . C-14970 auth. reject from the City Manager recommending that the City Council authorize the all bids City Manager to reject all bids received for the construction of park park imprv. improvements at Titus Pausel Park. It was the consensus of the City at Titus Pausel Council that the recommendation be adopted. C-14971 There was presented Mayor and Council Communication No. C-14971 auth. cont. Revised from the City Manager recommending that the City Council Linder Stahl authorize the City Manager to execute a contract with Linder Stahl Const. Co. Inc. Construction Co. , Inc . for improvements to the Waverly Park Drainage imprv. Waverly Channel in the amount of $1,501 .159 . 50 and 200 working days . Motion Park Drainage was made by Council Member Silcox, seconded by Council Member Meadows Channel to adopt the recommendation. The motion carried unanimously. C-14972 It was the consensus of the City Council that consideration of cont. for Mayor and Council Communication No. C-14972 , Terminate Contracts with two weeks Vision Contractor' s Inc. for the Demolition of Substandard Structures, be continued for two weeks. C-14793 City Manager Terrell advised Council that Mayor and Council cont. until Communication No. C-14793 , Airline/Airport Use and Lease Agreement with after exec. SkyTeam Airlines, Inc. , at Fort Worth Meacham International Airport, session should be continued until after executive session. Z-95-013 Ms. Ann Kovich, Director of Development Department, appeared cont. before the City Council and advised Council that there was a letter September received from Jim Dunaway requesting that Zoning Docket No. Z-95-013, 12, 1995 Rall Ranch Co. Tenancy, 6400 Block of Bryant Irvin Road and Zoning Docket No. Z-95-031 , Rall Ranch Co. Tenancy, 6800 Block of Bryant Irvin Road be continued until September 12 , 1995 . Council Member Silcox made a motion, seconded by Council Member Z-95-031 Lane, that the applications of Rall Ranch for a change in zoning of cont. properties located in the 6400 Block of Bryant Irvin Road and the 6800 September Block of Bryant Irvin Road from "E" Commercial and "G" Commercial to 12, 1995 "A" One-Family District, Zoning Docket No. Z-95-013, and from "E" Commercial to "A" One-Family, Zoning Docket No. Z-95-031, be continued until September 12 , 1995 . The motion carried unanimously. 562 Tuesday, August 15 , 1995 Council Member Lane made a motion, seconded by Council Member Haskin, that the application of Star Enterprise for a change in zoning of property located at 1908 Yucca Avenue from "F-R" Restricted Z-95-042 Commercial to "PD/SU" Planned Development/Specific Use for all uses in cont . the "F-R" Restricted Commercial District and gasoline sales and alcohol September sales for off premise consumption, Zoning Docket No. Z-95-042, (See 12, 1995 PDSP-95-008 for site plan) , be continued until September 12 , 1995 . The motion carried unanimously. PZ-1827 The related Public Hearing for approval of Planned Development cont. Site Plan (PDSP-95-008) Oakhurst Addition, Block 30 , 1908 Yucca Avenue September (Star Enterprise - Texaco) (See M&C PZ-1827 ) was continued to September 12, 1995 12 , 1995 . It appeared to the City Council that Resolution No. 2076 was adopted on July 18, 1995, setting today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 3011 . Mayor Granger asked if there was anyone present desiring to be heard. Zoning Appls. approved There being no one else present desiring to be heard in connection with recommended changes and amendments to Zoning Ordinance No. 3011 , Council Member Meadows made a motion, seconded by Council Member Baskin, that the hearing be closed and that the following zoning applications and ordinance be approved: Z-95-043 HARRIS METHODIST HOSPITAL 902-930 Southlake Street 917-931 West Sixth Street From "C-F" Community Facility, "E-R" and "F-R" Restricted Commercial and "D" Multi- Family to "G" Commercial . Z-95-048 LEWIS BLEDSOE 3249 North Beach Street From "E" Commercial to "PD/SU" Planned Development/Specific Use to permit all uses in the "E" Commercial District plus sale of used furniture. No outside storage is permitted. Waiver of site plan recommended. Z-95-049 MARTIN S. MOORE 4212 - 4216 East Loop 820 South From "B" Two-Family to "I" Light Industrial Z-95-050 HOUSTON PLACE LOFT 910 Houston Street From "H" Business District to "H-HC" Business-Historic and Cultural Overlay Subdistrict Z-95-051 PM AG PRODUCTS, INC. 5200 Block of Blue Mound From "AG" District to Industrial Agricultural "K" Heavy 563 Ms . Ann Kovich, Director of the Development Department , appeared before the City Council and advised Council that there was not a buffer requirement on the application of Martin S. Moore for a change in zoning of property located at 4212-4216 East Loop 820 South from "B" Two-Family to "I" Light Industrial , Zoning Docket No. Z-95-049, since it was not adjacent to residential property. ORDINANCE NO. 12086 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 3011 , AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF 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 OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULATIONS AND SHOWING SUCH DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A . SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Council Member Barr made a motion, seconded by Council Member Z-95-052 Meadows, 'that the zoning application of Phoenix Property Co. , for a end of the change in zoning of property located at 200-400 Blocks of Henderson; zoning hearing 1000-1400 Blocks of West 5th Street; and 1000-1400 Blocks of West 7th Street, Zoning Docket No. Z-95-052, be moved to the end of the zoning hearing. The motion carried unanimously. Ramona Rivera Ms. Ramona Rivera, 1815 Homan, appeared before the City Council appeared regarding the request for a change in zoning of property located at Z-95-054 1815 Homan Avenue from "B" Two-Family District to "PD/SU" Planned Development/Specific Use for a beauty salon, with waiver of site plan recommended, Zoning Docket No. Z-95-054, and advised Council that she was unaware of the procedure and she was under the impression that once it was approved by the City Zoning Commission, it was finished. Aliene Pokluda, Ms . Aliene Pokluda, 2410 Loving; and Jacquelyn Frias , 1818 Homan Jacquelyn Frias Avenue, appeared before the City Council and expressed opposition to appeared the change in zoning of property located at 1815 Homan Avenue from "B" opposition Two-Family District to "PD/SU" Planned Development/Specific Use for a Z-95-054 beauty salon, with waiver of site plan recommended, Zoning Docket No. Z-95-054. c• Council Member Lane stated that the requested commercial zoning use was not compatible with the neighborhood and stated that , since there was some miscommunication between staff and Ms . Rivera, her money should be returned. Ms . Ann Kovich, Director of Development Department, appeared before the City Council and advised Council that the proper notifications were made prior to the Zoning Commission hearing and stated that staff usually explains to the applicants in general terms what options they have available. Mayor Pro tempore Webber suggested that the process be put in writing for future applicants, so that miscommunication does not occur. Council Member McCray suggested that this be discussed during the Council ' s retreat on Friday. 564 Z-95-054 Council Member Lane made a motion, seconded by Council Member denied with Silcox, that the application of Ramona Rivera for a change in zoning of prejudice property located at 1815 Homan Avenue from "B" Two-Family District to "PD/SU" Planned Development/Specific Use for a beauty salon, with waiver of site plan recommended, Zoning Docket No. Z-95-054, be denied with prejudice. The motion carried unanimously. Reimbursed Council Member Lane made a motion, seconded by Council Member application Silcox, that Ms . Rivera be reimbursed her $750 . 00 application fee. The fee motion carried unanimously. Mr. Jim Dunaway appeared before the City Council and advised Council that Zoning Docket No. Z-95-055 , Downtown Fort Worth, was disposed of on July 25, 1995 . Ms . Ann Kovich, Director of Development Department , appeared before the City Council and explained the proposed Text Amendment . Z-95-057 II Council Member Barr made a motion, seconded by Council Member Ord. No. Silcox, that Zoning Docket No. Z-95-057 , Text Amendment be approved, 12087 adopted and Ordinance No. 12087 adopted, as follows : ORDINANCE NO. 12087 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDE D, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986) , AS AMENDED, BY AMENDING SECTION 2-H, " 'P-D' PLANNED DEVELOPMENT DISTRICT", BY REPEALING SUBSECTION 2- H. I (7 ) AND ADDING A NEW SUBSECTION 2-H. I (7 ) TO ADD REQUIREMENTS FOR LANDFILL, RECYCLING AND OTHER MATERIALS RECOVERY AND PROCESSING FACILITIES; AMENDING SECTION 9 , " 'E" COMMERCIAL DISTRICT" TO ALLOW OUTSIDE STORAGE OF CERTAIN CONTAINERS FOR RECYCLING; AMENDING SECTION 20 , "BOARD OF ADJUSTMENT" , BY ALLOWING A SPECIAL EXCEPTION FOR SMALL COLLECTION FACILITIES FOR RECYCLING CANS, GLASS AND OTHER MATERIALS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. Ms . Ann Kovich, Director of Development Department, appeared before the City Council and explained the proposed Text Amendment . Margaret Ms . Margaret DeMoss , Chair of the Scenic Preservation Commission, DeMoss appeared appeared before the City Council and presented the Commission's recommendation for off-premise signs . Mayor Pro tempore Webber expressed concern regarding the composition of the Landmarks Commission, and urged the Council to preserve the minority representation on the Scenic Preservation Commission. Mayor Granger assumed her chair at the Council table, at this time. Art Brender Mr. Art Brender, representing the West Meadowbrook Association, 4121 Hampshire, appeared before the City Council and requested that the corridor on I-30 from 820 east to the city limits of Arlington be included as a scenic corridor. Council Member Barr made a motion, seconded by Council Member Silcox, that Zoning Docket No. Z-95-059, Text Amendment be approved. Council Member Haskin made a substitute motion, seconded by Council Member Lane, that Zoning Docket No. Z-95-059, Text Amendment, be approved, as amended, to include I-30 from 820 to the City limits of Arlington, as a scenic corridor. 565 Tuesday, August 15, 1995 Assistant City Attorney Marcella Olson appeared before the City Council and advised Council that this amendment could not be done without proper notification of affected property owners and described the process that would need to be followed. After further discussion, the substitute motion was withdrawn. Z-95-059 appr. The motion to approve Zoning Docket No. Z-95-059, Text Amendment , Ord. No. 12088 was approved and Ordinance No. 12088 was adopted, as follows : . ORDINANCE NO. 12088 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDE D, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986) , TO AMEND SECTION 17a, "OFF-PREMISE SIGNS", BY AMENDING SECTION 17A(H) (1)-(5) CONCERNING THE CREATION AND DUTIES OF THE SCENIC PRESERVATION COMMISSION; ADDING A NEW SECTION 17A(H) (6) CONCERNING THE DESIGNATION OF AREAS OF THE CITY AS SCENIC, CULTURAL, ARCHITECTURAL OR HISTORIC AREAS WHEREIN THE LOCATION, ERECTION AND MAINTENANCE OF OFF-PREMISE SIGNS ARE PROHIBITED; PROVIDING FOR PENALTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. Council Member Barr made a motion, seconded by Council Member Silcox that the application of William Rosenberg for a change in zoning of property located at 3733 Oak Street (13200 Trinity Boulevard) from "AG" Agricultural to "J" Light Industrial , Zoning Docket No. Z-95-040 , Z-95-040 which application was recommended for denial by the City Zoning denied Commission, be upheld. The motion carried unanimously. Raymond L. Mr. Raymond L . Anderson, 321 N. Chandler, appeared before the City Anderson Council and requested that the City Council uphold the recommendation appeared of the Zoning Commission for the denial of the application of Craig Cartwright for a change in zoning of property located at 320 North Chandler Avenue from "B" Two-Family District to "PD/SU" Planned Development - amending PD#89 to include auto repair, with waiver of site plan requested, Zoning Docket No. Z-95-053 . Council Member Barr made a motion, seconded by Council Member Z-95-053 Silcox that the application of Craig Cartwright for a change in zoning denied of property located at 320 North Chandler Avenue from "B" Two-Family District to "PD/SU" Planned Development/Specific Use-Amending PD No. 89 to include auto repair, waiver of site plan requested, Zoning Docket No. Z-95-053 , which application was recommended for denial by the City Zoning Commission, be upheld. The motion carried unanimously. Council Member Barr made a motion, seconded by Council Member Z-95-056 Silcox that the application of Harold and Iona Frank for a change in denied zoning of property located at 2531 Carter Avenue from "B" Two-Family District to "E" Commerical District, Zoning Docket No. Z-95-056 , which application was recommended for denial by the City Zoning Commission, be upheld. The motion carried unanimously. Council Member Barr made a motion, seconded by Council Member Z-95-058 Silcox, that the Text Amendment Ordinance, as amended by amending denied Section 12 , "H" Business District, by changing the title of Section 12 from "H" Business District" to "H" Central Business District; amending Section 12 .0 concerning the boundaries of the "H" Central Business District, Zoning Docket No. Z-95-058, which application was recommended for denial by the City Zoning Commission, be upheld. The motion carried unanimously. 566 It appeared to the City Council that on July 11 , 1995 , they continued the Special Hearing for today for the application of J&W Z-95-021 Systems , for a change in zoning of property located at 11650 Mosier Valley from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for a concrete crushing facility, with site plan required, Zoning Docket No . Z-95-021 , to give every interested citizen an opportunity to be heard. Mayor Granger asked if there was anyone desiring to be heard . Mr . Jim Schell , 901 Fort Worth Club Bldg. , appeared before the Jim Schell City Council representing the applicant , J & W Systems , for a change in appeared zoning of property located at 11650 Mosier Valley from "AG" a revised Agricultural to "PD/SU" Planned Development/Specific Use for a concrete site plan crushing facility, with site plan required, Zoning Docket No. Z-95-021 . Mr . Schell presented the Council with a list of ten restrictions that were proposed by his client, and presented a revised site plan. Assistant City Manager Mike Groomer appeared before the City Mike Groomer Council and advised Council that he had not discussed the modified plan appeared with the City of Euless , but advised Council they were in opposition prior to this modification. Council Member Meadows suggested that on Item 10 of the restrictions , a committee could be formed after consultation with the Council and the City Manager, but stated that he did not feel that the Council should be making appointments without knowing the scope of duties of the committee. Benny Tucker, Messrs . Benny Tucker, 3404 Fite Street; Robert Gilmore, 3325 Fite Robert Gilmore, Street; and Walter Morse, 3601 Frazier Court, Euless , appeared before Walter Morse the City Council and expressed opposition to the change in zoning of appeared property located at 11650 Mosier Valley from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for a concrete crushing facility, with site plan required, Zoning Docket No. Z-95-021 . Council Member McCray made a motion, seconded by Mayor Pro tempore Z-95-021 Webber, that the application of J & W Systems , for a change in zoning denied of property located at 11650 Mosier Valley from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for a concrete crushing facility, with site plan required, Zoning Docket No. Z-95-021, be adopted. A voice vote was taken and City Secretary Church said that she could not tell how the vote went and asked the Mayor to have the Council please use the electronic voting board. The motion failed by the following vote: AYES: Mayor Pro tempore Webber; Council Members McCray, Meadows, and Barr NOES: Mayor Granger; Council Members Lane, Silcox, Haskin, and Woods ABSENT: None The related Public Hearing for consideration of Planned PZ-1814 Development Site Plan (PDSP-95-003) J. J. Wingfield Survey, Abstract No. denied 1634 , Tracts 1-4 , 11650 Mosier Valley Road, (See M&C PZ-1814) was denied. Mr. Jim Dunaway, representing the applicant , Phoenix Property Co. , Jim Dunaway 1501 Merrimac Circle, appeared before the City Council and presented Phoenix information in favor of the change in zoning of property located in the Property Co. 200-400 Block of Henderson; 1000-1400 Blocks of West 5th Street; and appeared 1000-1400 Blocks of West 7th Street from "J" Industrial and "G" Commercial to "PD/SU" Planned Development/Specific Use for the uses contained in the "H" Business District with a height limit of 120 ' . Waiver of site plan recommended subject to provision of a Unified Residential Plan per review procedures of Section 16A and provision of parking per Section 16A, Subsection D. 4 (Footnote #3) . 567 Tuesday, August 15, 1995 Mr. Norman Higgins, 2411 Shirley, appeared before the City Council Norman Higgins and requested that the City Council give favorable consideration for appeared I the zoning application of Phoenix Property Co. Mr. Hugo Malanga, Director of the Transportation and Public Works Hugo Malanga Department, appeared, before the City Council and advised Council that appeared the realignment of I-30 should have no effect on Lake Street . Mr. Paul Koeppe, 6516 Malvey Avenue, appeared before the City Paul Koeppe Council and expressed concern regarding the preservation . of the appeared Firestone Building and Meadows Olds Buildings and other historic properties which may be impacted by the Phoenix project . Messrs . T. Mastin IV, 1009 Henderson and Tom Mastin, Jr. , 901 Lake T. Mastin IV Street appeared before the City Council and expressed opposition to the Tom Mastin, Jr. closure of Lake Street . appeared Ms . Johnibel Roberts, 912 West 2nd St . , appeared before the City Johnibel Roberts Council and expressed her ingress/egress concerns resulting from the appeared Phoenix Property project . Mr. Don Penny, 1411 Natches Drive, appeared before the City Don Penny Council and advised Council that he represented the Mastins, and urged appeared the Council to perform a traffic impact analysis for the area. Council Member Barr made a motion, seconded by Council Member Z-95-052 Woods, that the application of Phoenix Property Co. , for a change in adopted zoning of property located in the 200-400 Blocks of Henderson; 1000- as amended 1400 Blocks of West 5th Street; and 1000-14000 Blocks of West 7th Street, from "J" Industrial and "G" Commercial to "PD/SU" Planned Development/Specific Use for the uses contained in the "H" Business District with a height limit of 120 ' . Waiver of site plan recommended subject to provision of a Unified Residential Plan per review procedures of Section 16A and provision of parking per Section 16A, Subsection D. 4 (Footnote #3) , Zoning Docket No. Z-95-052 , be adopted as amended, from "J" Industrial and "G" Commercial to "PD/SU" Planned Development/Specific Use for the uses contained in the "H" Business District with a height limit of 120 ' , subject to the following conditions : (1) Phoenix Property Company of Texas, Inc . , and its successors and assigns shall use the Firestone Service Store located at 1001 W. Seventh Street in connection with development of the project and shall rehabilitate the Firestone Service Store in a manner consistent with the historic character of the structure; (2) Neither Phoenix Property Company of Texas, Inc. nor its successors or assigns shall demolish the Firestone Service Store in its entirety or destroy any part of the structure which would permanently impair the structural , historic or architectural integrity of such structure, or permit any third party under their control to do so; 568 Tuesday, August 15, 1995 (3) Phoenix Property Company of Texas, Inc. or its successors or assigns shall file a restrictive covenant prohibiting demolition of the Firestone Service Store in its entirety or demolition of any part of the structure which would permanently impair the structural , historic or architectural integrity of such structure in the Tarrant County real property records. The restrictive covenant shall be filed concurrently with the filing of a final plat resulting from Preliminary Plat No. PP- 95-016, approved on June 28 , 1995 , by the City Plan Commission. Such covenant shall run with the land, shall be binding on all subsequent owners of the Firestone Service Store and shall be in form and substance satisfactory to the City of Fort Worth. Parking same as zoning. Site plan required. The motion carried unanimously. This ordinance shall be filed with the City Secretary upon delivery of proof to the City Attorney that title to all property subject to this ordinance has been transferred to Phoenix Property of Texas, Inc. or its successors or assigns . PZ-1828 There was presented Mayor and Council Communication No. PZ-1828 Ord. No. 12089 from the City Manager recommending that the City Council adopt vac. aband. , Ordinance No. 12089 vacating, abandoning, closing and extinguishing a clos. row portion of West Second Street , Lake Street and Lexington Street , street adopted as rights-of-way located within the Smith, Rector and Jennings West amended Addition to the City of Fort Worth, Texas. On motion of Council Member Barr, seconded by Council Member Woods , the recommendation was adopted with amendments , by substituting the following language in Section 3 of the ordinance: "That the vacation, abandonment, closure and extinguishment of the above described portion of the street rights-of-way, and the release and reversion of the City's right, title, and interest in and to the land therein, shall be subject to and conditioned upon (i) the approval by the City of the final plat resulting from Preliminary Plan No. PP-95-016, approved on June 28 , 1995 , by the City Plan Commission, (ii ) the filing of said final plat in the Tarrant County Plat Records within three hundred sixty-five (365) days following the adoption of this ordinance, and (iii) filing by Phoenix Property Company of Texas , Inc . , or its successor or assign of a restrictive covenant prohibiting demolition of the Firestone Service Store located at 1001 W. Seventh Street in its entirety or demolition of any part of the structure which would permanently impair the structural , historic or architectural integrity of such structure in the Tarrant County real property records . The restrictive covenant shall be filed in the Tarrant County real property records concurrently with filing the final plat described above. Such covenant shall run with the land, shall be binding on all subsequent owners of the Firestone Service Store and shall be in form and substance satisfactory to the City of Fort Worth. In the event that such final plat is approved and filed for record in the Tarrant County Plat Records within the prescribed time, then a copy of aid final plat shall be attached as Exhibit "B" to this ordinance, as same is filed in the Office of the City Secretary of the City of Fort Worth; and the attachment of said final plat as Exhibit "B" shall constitute evidence of the occurrence of conditions (i) and (ii) . In the event that the restrictive covenant is filed for record in the Tarrant County real property records within the prescribed time, then a file-marked copy of such restrictions shall be attached as Exhibit "C" to this ordinance, as same is filed in the Office of the City Secretary of the City of Fort Worth; and the attachment of the restrictions as Exhibit "C" shall constitute evidence of the occurrence of condition (iii) . In the event that conditions (i ) , (ii) and (iii) have not been satisfied within three hundred sixty five (365) days following the adoption of this ordinance, then this ordinance shall become null and void, the same as if it i %t Tuesday . August 15 . 1995 had never been adopted; and the vacation, abandonment , closure and extinguishment of the street rights-of-way, and the release and reversion of the right , title and interest in and to the land therein shall not take effect . " The motion was carried unanimously. P/Hear FY It appeared to the City Council that a public hearing was set for 1995-96 Crime today to receive comments regarding the Fiscal Year 1995-1996 Crime Control & Prev. Control and Prevention District Budget . Mayor Granger asked if there Dist. & Prev. was any one present desiring to be heard. Libby Watson Assistant City Manager Libby Watson appeared before the City appeared Council and presented a staff report and advised Council that there would be no action required by the Council on today and that a resolution would be placed on next weeks agenda regarding the Fiscal Year 1995-96 Crime Control and Prevention District Budget . Closed II It was the consensus of the City Council that they meet in closed session session at 1 : 40 p.m. for the following purposes : a. to seek the advice of its attorney regarding the following matters which are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules : Proposed transfer of cable television franchise from Sammons of Fort Worth to Marcus Cable as authorize by Section 551. 071 of the Texas Government Code. b. to discuss the lease or purchase of real property, as authorized by Section 551 .072 of the Texas Government Code. The public discussion of this matter would have a detrimental effect on the position of the City in negotiations with a third party. Reconvened 11 The City Council reconvened in open session at 2 : 40 p.m. Recess to Council Member Barr made a motion to recess this meeting until 8-17-95 1 : 30 p.m. Thursday, August 17 , 1995 to consider Mayor and Council Communication No. C-14973 . Council Member Woods seconded the motion and the motion carried unanimously . RECONVENING OF RECESSED COUNCIL MEETING OF AUGUST 15, 1995 August 17, 1995 II On the 17th day of August , A.D. , 1995, the City Council of the reconvened City of Fort Worth, Texas, reconvened to regular session of Tuesday, August 15, 1995, with the following members present, to wit : Attendance Mayor Kay Granger; Mayor Pro tempore Virginia Nell Webber; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Eugene McCray, Jewel Woods , Bill Meadows, and Kenneth Barr; City Manager Bob Terrell ; City Attorney Wade Adkins; and Assistant City Secretary Gloria Pearson. With more than a quorum present , the following business was transacted: Closed It was the consensus of the City Council that it meet in closed session session at 1 : 48 p.m. to discuss the lease or purchase of real property, as authorized by Section 551 . 072 of the Texas Government Code. The public discussion of the matter would have a detrimental effect on the position of the City in negotiations with a third party. Reconvened 11 Reconvened from closed session at 2 : 25 p.m. C-14973 There was presented Mayor and Council Communication No . C-14973 from the City Manager recommending that the City Council authorize the City Manager to execute an Airline/Airport Use and Lease Agreement with Skyteam Airlines, Inc. for the use of Meacham International Airport for intrastate air passenger service . W Council Member Lane made a motion, seconded by Council Member approved as Haskin, that Mayor and Council Communication No. C-14973 and: the amended subject Airline/Airport Use and Lease Agreement with Skyteam Airlines, Inc . , be approved subject to the amendment to Paragraph 26 to include the following language: "Taxes and assessments in no way obligates the City of Fort Worth to give airline a tax abatement . " The recommendation, as amended, was adopted unanimously. Silcox Council Member Silcox requested that the City Council reconsider requested Zoning Docket No. Z-95-021 J & W Systems for a change of zoning of reconsider property located at 11650 Mosier Valley from "AG" Agricultural to Z-95-021 "PD/SU" Planned Development Specific Use for a concrete crushing facility. Site plan required. Adkins Attorney Adkins advised the City Council that is was his opinion advised that the Council could not as a general rule, vote to reconsider action taken on a Zoning Case. Attorney Adkins further stated that after viewing the tape of Tuesday's meeting and notes taken by the City Secretary concerning Zoning Docket Case No. Z-95-021 , it is unclear exactly what action was taken by the Council on the first motion. The voting lights were used on the second motion and the action taken by the Council on this motion was quite clear . Mr . Schell , apparently under the impression that the first motion passed, addressed the Council to clarify some issues regarding the appointments to the committee and if the use of the money was to be done through the City or privately. Attorney Adkins reported that the video tape further reflected that Council Member McCray restated the motion, including additional information. Whether this was a clarification of his previous motion, or a second motion to amend the first motion is unclear and could not be determined after viewing the tape . Attorney Adkins concluded that in the past Council has been advised not to reconsider a zoning case without prior notification of affected citizens for the reason that it was not in compliance with the state law and was inappropriate for Council to reconsider a zoning case after the affected citizens left with a certain understanding that a decision had been made, and thereafter change the decision without benefit of citizen participation. Attorney Adkins advised the Council that the Council could at next Tuesday's Council meeting clarify the action that they took at the time that the minutes of this meeting are considered and that all people concerned with the case thereafter could be contacted and informed that this item would be discussed at a later scheduled meeting. He advised the Council that it was the Council 's decision to make but, if the Council reconsidered the item, then notice would have to be given to all affected parties . Z-95-021 be coat. until September 12, 1995 Council Member Silcox made a motion, seconded by Council Member Meadows , to reconsider Z-95-021 . The motion carried by the following vote: AYES: Mayor Pro tempore Webber; Council Members Silcox, McCray, Meadows, and Barr NOES: Mayor Granger; Council Members Lane, Haskin and Woods ABSENT: None Council Member Silcox made a motion, seconded by Council Member Barr, that Zoning Docket No. Z-95-021 be continued until September 12, 1995, at which time the matter would be reconsidered. The motion carried by the following vote followed by instructions that all affected parties be given notice of the scheduled reconsideration as required by state law. AYES: Mayor Pro tempore Webber; Council Members Lane, Silcox, McCray, Woods , Meadows, and Barr NOES: Mayor Granger and Council Member Haskin ABSENT:- None Tuesday, August 15, 1995 Mr. Joe Orr introduced a delegation of Chinese officials visiting the City of Fort Worth. C-14793 Council Member Barr made a motion, seconded by Council Member reconsidered Meadows , that Mayor and Council Communication No. C-14793 be date reconsidered only to the extent that the date reflected on Mayor and August 15, 1995 Council Communication No. C-14793 should read "August 15 , 1995" , instead of "August 22 , 1995 . " The motion to reconsider for that purpose carried unanimously. Council Member Lane made a motion, seconded by Council Member Silcox that recommendation be adopted as corrected. The motion carried unanimously . Adjourned 11 There being no further business , the meeting was adjourned at 2 : 50 p.m. CITY SECRETARY 571