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HomeMy WebLinkAbout2006/03/28-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:17 a.m. on Tuesday, March 28, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Espino temporarily absent. Agenda Item H The invocation was given by Reverend Charlie Singleton, First Missionary Invocation Baptist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Mayor Pro tem Silcox, seconded by Council Member Approval of Wheatfall, the minutes of the regular meeting of March 21, 2006, and the City Minutes Council Bus Tour of Council Districts 2 and 7 of March 23, 2006, were approved eight(8) ayes to zero (0) nays, with Council Member Espino absent. Agenda Item V Council Member Hicks presented a Proclamation for American Red Cross Special Month, to Mr. Don Pierson, Chisholm Trail Chairman of the Board, and Mr. Presentations Carlos Coscia, Board Member. Council Member Davis presented a Proclamation for FitFuture Month, to Mr. Cordell Musch, representing Barclay Berdan, President of Harris Methodist Hospital-Fort Worth, and President of the Healthy Tarrant County Collaboration. Mr. Daniel Reimer, Director of the Public Health Department, expressed appreciation to the various partners for their contributions to this program. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 2 of 31 (Council Member Espino assumed his chair at the dais.) Mayor Moncrief recognized U.S. Army Lieutenant Scott Combest, his Commander, Captain Patrick D. Nolan, and Sergeant Major William Brown, from the 36th Infantry Division. They expressed their commitment to serve not only the Army, but also the Fort Worth community and offered their services and facilities to the Council in various capacities. They presented each Council Member with a medallion presented to individuals for valor in recognition of the City's continued support of service members, and lapel pins for "Defender of Freedom" and the "National Guard Team". Council Member Hicks expressed appreciation for the presentation and stated they were heroes in the community. She added that she looked forward to working with them in various capacities in District 8. Council Member Jordan stated that approximately 20 percent of the armed forces are comprised of men and women from Texas. He added that never let it be forgotten that the greatest gift members of the armed forces had given to us was the ability for freedom. Mayor Moncrief stated that the spouses of members of the armed forces were also heroes and recognized Mrs. Combest for her dedication and sacrifices. He commended these servicemen for wanting to contribute to the community and added that young people needed role models and mentors. He stated that the City would definitely look into ways of taking advantage of the opportunities the service men offered. Agenda Item VI Council Member Hicks expressed appreciation to the Code Compliance Announcements Department for starting a Southside Pride Initiative to clean up the Southside. She stated that she had a very good presentation with the Morningside Community this weekend and that she looked forward to working with others on this initiative because she thought they realized it would only work if the community was involved with the initiative as well. She also announced that the Mexican Inn would have a grand reopening on March 31, 2006, from 6:00 p.m. to 9:00 p.m. at 2700 E. Lancaster and stated that it was good to see a business reinvesting on that major thoroughfare on the east side. She further stated that she proudly served on the Board of AIDS Outreach Center and stated that she placed at each Council Member's position at the dais information on the 14th Annual AIDS Walk at Texas Christian University on March 26, 2006, at 3:00 p.m. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 3 of 31 Mayor Pro tem Silcox recognized Mr. Dylan Pruitt from Boy Scout Troop No. 95, Longhorn Council and his sister, Ms. Tanner Pruitt from Circle T Girl Scout Troop No. 2518, and their mother Adrainne Pruitt. He stated that Dylan was attending the meeting working on his Citizenship in the Community Badge and Tanner was working on her Model Citizen Badge. Each of them were presented with a Molly pin in recognition of their attendance. Council Member Davis announced that she and Council Members Espino and Jordan had formed a bowling team to help raise money for the Big Brothers and Big Sisters organization that would be held the later part of April. She added that the name of the team was the "Council Cuties" as they would be joined by three young people who were little sisters and brothers waiting to be adopted by a Big Brother or Sister. She further stated that they were accepting donations on behalf of the organization and had raised $2,300.00 and hoped that everyone would come out and support the event. Council Member Espino stated that last week District 2 had two very important events take place, one was a Town Hall meeting for the communities of Northside, Far Northside and Diamond Hill and he thanked all the City staff who participated in the meetings. He also stated that on March 18, 2006, the first organizational meeting of the Alliance of Far North Fort Worth Neighborhoods was held and stated they would meet in one more month to consider bylaws and have the communities report back. He expressed appreciation to the Community Relations Department for sending a representative to be part of that process. He referred to the many students, some from Polytechnic High School, who were demonstrating today in the downtown area exercising their first amendment rights to oppose the Immigration Bill being deliberated by the Senate today in Washington, D.C. He added that he hoped the students turned the experience into a Civic or Social Studies lesson and understood that under the federal form of government the people they needed to be advocating to were U.S. Senators and he encouraged them to attend some of the meetings with U.S. Senators and Congress representatives. Council Member Burdette expressed appreciation to Sandy Oliver from the Budget and Management Services Department and other members of the City staff for conducting a very successful and informative City Council bus tour of Districts 2 and 7 on March 23, 2006. He stated that it was very important that all Council Members to see areas of concern in each Council district. Agenda Item VII There were no items withdrawn from the consent agenda. Withdrawn from Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 4 of 31 Agenda Item VIII There were no items continued or withdrawn by the staff. Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Jordan, seconded by Mayor Pro tem Consent Agenda Silcox, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended. Council Member Wheatfall requested that Council reconsider the consent agenda, as he realized that he needed to remove an item for clarification by staff. Reconsideration of Mayor Pro tem Silcox made a motion, seconded by Council Member Haskin, Consent Agenda that the Consent Agenda be reconsidered. The motion carried unanimously. Council Member Wheatfall requested that Mayor and Council Communication No. P-10344 be withdrawn from the consent agenda for individual explanation and consideration. Upon a motion made by Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and amended and as follows: OCS-1546 M&C OCS-1546 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-15130 M&C G-15130— Authorizing the City Manager to retain Charles Gunter with Res. No. 3326-03- the law firm of Whitaker, Chalk, Swindle and Sawyer, L.L.P., as outside 2006 counsel, pursuant to Chapter VI, Section 3 of the City Charter, in order to Retain Charles provide legal consultation to the City Attorney's Office concerning the federal Gunter for Legal trademark registration of the Fort Worth & Design Service Mark; and adopting Consult Resolution No. 3326-03-2006 designating in advance, as far as practicable, that the amount to be paid to Whitaker, Chalk, Swindle and Sawyer will not exceed $1,500.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 5 of 31 G-15131 M&C G-15131 —Adopting Ordinance No. 16864-03-2006 amending Ordinance Ord. No. 16864-03- No. 16818 to reflect waiver of Planned Development Site Plan for Zoning Case 2006 No. ZC-06-007 for property located at 4949 Bryant Irvin Road North. Amend Ord. No. 16818 Concerning ZC-06-007 for 4949 Bryant Irvin Road North G-15132 M&C G-15132 —Adopting Ordinance No. 16865-03-2006 amending Ordinance Ord. No. 16865-03- No. 16731 creating separate property description for ZC-05-224, ZC-05-225 2006 and ZC-05-226 and reflecting metes and bounds for Zoning Case No. ZC-05- Amend Ord. No. 226; the total acreage for Zoning Case Nos. ZC-05-224 and ZC-05-225 was 16731 Concerning included in ZC-05-226. ZC-05-226 to Separate Property Descriptions for ZC- 05-224,ZC-05-225 and ZC-05-226 G-15133 M&C G-15133 — Approving Resolution No. 3327-03-2006 requesting the Res. No. 3327-03- Texas Transportation Commission to remove Belknap and Weatherford Streets 2006 between Henderson and Grove Streets from the State Highway System. Remove Belknap and Weatherford Streets Between Henderson and Grove Streets from State Highway System G-15134 M&C G-15134 — Authorizing the City Manager to apply for and accept, if Ord. No. 16866-03- awarded, a grant from the Federal Aviation Administration (FAA) in the 2006 amount of$752,860.00 to design and construct various improvements, conduct Grant from FAA for noise testing and analysis, and purchase an Aircraft Rescue Firefighting Vehicle Various at Fort Worth Alliance Airport; authorizing the use of land credits in the Improvements, amount of $39,624.21 for the City's in-kind local match of five percent of the Noise Testing and Analysis, and project cost; and adopting Appropriation Ordinance No. 16866-03-2006 Aircraft Rescue increasing estimated receipts and appropriations in the Airport Grants Fund in Firefighting Vehicle the amount of $792,484.21, subject to receipt of the grant from the Federal Aviation Administration, for the purpose of funding the design and construction of various improvements, conduct noise testing and analysis, and purchase an Aircraft Rescue Firefighting Vehicle at Fort Worth Alliance Airport. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 6 of 31 G-15135 M&C G-15135 — Authorizing the City Manager to apply for and accept, if Ord. No. 16867- awarded, a grant from the Federal Aviation Administration (FAA) in an amount 03-2006 up to $20,000,000.00 for Phase VII of the runway extension project at Fort Grant from FAA Worth Alliance Airport; authorizing the use of land credits in an amount up to for Phase VII of $1,052,631.00 for the City's in-kind local match of five percent of the project Runway Extension cost; and adopting Appropriation Ordinance No. 16867-03-2006 increasing Project estimated receipts and appropriations in the Airport Grants Fund in the amount of $21,052,631.00, subject to receipt of the grant from the Federal Aviation Administration, for the purpose of funding Phase VII of the runway extension project at Fort Worth Alliance Airport. P-10343 M&C P-10343 — Authorizing the purchase of two playground units for Echo Playground Units Lake Park through the Texas Association of School Boards' Buyboard Contract with Southwest Parks and Playgrounds for the Parks and Community Services Department for an amount not to exceed $66,932.00, with payment due 30 days from the invoice date. Qt v. Description Amount 1 Game Time Modular Powerscape Plus $34,035.93 Includes: 2 bay swing with swing seat packages, 1 saddlemate with C spring inground mount,2 seat buck- about with saddleseats,mats and freight 1 Game Time Modular Powerscape Plus $32,895.23 Includes: 2 bay swing with swing seat packages,2 saddlemates with C spring inground mount,mats and freight TOTAL $66,931.16 P-10345 M&C P-10345 — Authorizing the purchase of new heavy duty trucks utilizing a Heavy Duty State of Texas contract for the City of Fort Worth as listed below for a cost not Trucks to exceed $973,903.58 with payment due 30 days from the invoice date. Freight is included in the unit price. Otv. GVWR Description Department Unit Price Extended Total State of Texas 070-A1, ATC Freightliner 1 ea. 50.0 Rotoboom truck Environmental $120,504.46 Management 1 ea.26.0 Chipper Forestry Parks&Community $ 73,176.47 truck Services 1 ea. 26.0 Bulky Waste Parks&Community $ 68,976.47 truck Services 1 ea. 26.0 Aerial Bucket Transportation& $111,516.08 truck Public Works CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 7 of 31 2 ea.32.0 Ser.truck& Water $112,960.11 $225,920.22 backhoe,compressor,crane 1 ea.32.0 Cab&Chassis Transportation& $ 51,093.80 Public Works 3 ea.60.0 Cab&Chassis Transportation& $ 80,679.02 $242,037.06 Public Works 1 ea. 60.0 Cab&Chassis Water $ 80,679.02 TOTAL $973,903.58 C-21362 M&C C-21362 — Authorizing the City Manager to enter into an Encroachment University Retail, Agreement with University Retail, L.P., authorizing use of the right-of-way for L.P. installation of a wheelchair ramp on Norwood Street and 3000 West 7th Street. C-21363 M&C C-21363 — Authorizing the City Manager to enter into an Encroachment Texas Christian Agreement with Texas Christian University for use of the right-of-way for University installation of data conduits and water irrigation at 3051 Odessa Avenue. C-21364 M&C C-21364 — Authorizing the City Manager to execute an Encroachment Sid W. Richardson Agreement with the Sid W. Richardson Foundation authorizing the continued Foundation use of the right-of-way for a cornice and door swing at 309 Main Street. C-21365 M&C C-21365 — Authorizing the City Manager to enter into an Encroachment Sundance West Agreement for signs and awnings with Sundance West Partners, L.P., Partners, L.P. authorizing use of the right-of-way for installation of a new sign and new awning (with lettering) at 209 West Second Street, between Houston Street and Throckmorton Street. C-21366 M&C C-21366 —Recommending that the City Council: Res. No. 3328-03- 2006 1. Adopt Resolution No. 3328-03-2006 closing a portion of the 2200 block Ord. No. 16868- of Jennings Avenue, from Carlock Street to a point 60 feet south of 03-2006 Carlock Street, adjacent to the Hemphill Heights Addition, Fort Worth, Ord. No. 16869- Texas. The actual recommended physical closure is adjacent to both 03-2006 sides of the Burlington Northern & Santa Fe Railway Company (BNSF Texas Department Railway)railroad crossing; of Transportation and Burlington 2. Authorize the City Manager to enter into an agreement with the Texas Northern Santa Fe Department of Transportation (TxDOT) and the BNSF Railway to close Railway the railroad crossing on Jennings Avenue to the vehicular and pedestrian traffic in which TxDOT would reimburse the City up to $150,000.00 to be used for the installation of roadway closure barricades and street improvements, and also for additional railroad crossing improvements CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 8 of 31 in conjunction with the future North Central Texas Council of Governments Railroad Crossing Reliability Partnership Program Grant (NCTCOG Railroad Grant); 3. Authorize the City Manager to accept a donation of$50,000.00 from the City of Duncanville for use as matching funds toward the future NCTCOG Railroad Grant; 4. Adopt Appropriation Ordinance No. 16868-03-2006 increasing estimated receipts and appropriations in the Street Light and Signal Improvements Fund in the amount of$200,000.00 from available funds for the purpose of funding an agreement with the Texas Department of Transportation and the Burlington Northern Santa Fe Railway to close the railroad crossing on a portion of the 2200 block of Jennings Avenue, from Carlock Street to a point 60 feet south of Carlock Street, adjacent to the Hemphill Heights Addition; 5. Authorize the City Manager to accept a donation of $35,000.00 from BNSF Railway for use on Transportation and Public Work railroad and other project expenses; and 6. Adopt Supplemental Appropriation Ordinance No. 16869-03-2006 increasing appropriations in the General Fund in the amount of $35,000.00 from available funds for the purpose of funding an agreement with the Texas Department of Transportation and Burlington Northern Santa Fe Railway to close the railroad crossing on a portion of the 2200 block of Jennings Avenue, from Carlock Street to a point 60 feet south of Carlock Street, adjacent to the Hemphill Heights Addition. C-21367 M&C C-21367 —Recommending that the City Council: Ord. No. 16870- 03-2006 1. Authorize the transfer of $73,264.50 from the Water and Sewer Tarrant County Operating Fund to the Water Capital Projects Fund; 2. Adopt Appropriation Ordinance No. 16870-03-2006 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $73,264.50 from available funds for the purpose of funding an Interlocal Agreement with Tarrant County for the overlay of portions of Golden Triangle Boulevard, Harmon Road, Katy Road, Keller Haslet Road East, Keller Haslet Road West, Keller Hicks Road and Blue Mound Road in Fort Worth and Tarrant County, Precinct No. 3; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 9 of 31 3. Authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the overlay of: a) Golden Triangle Boulevard from IH-35 W to Harmon Road for a distance of 2,027 linear feet; b) Harmon Road, from Golden Triangle Boulevard to Keller Hicks Road for a distance of 3,216 linear feet; c) Katy Road, from Keller Hicks Road to Caylor Road West for a distance of 5,160 linear feet; d) Keller Haslet Road East from Caylor Road North to US 377 (excluding the County's section)for a distance of 3,216 linear feet; e) Keller Haslet Road West from Alta Vista Road to Caylor Road North for a distance of 3,057 linear feet; f) Keller Hicks Road from Harmon Road to IH-35 W (excluding the County's section) for a distance of 2,835 linear feet; and g) Blue Mound Road, from US 287 to FM 156 (excluding the County's and Haslet's sections) for a distance of 10,926 linear feet for a total cost to the City not to exceed $710,925.00. C-21368 M&C C-21368 —Recommending that the City Council: Ord. No. 16871- 03-2006 1. Authorize the transfer of $54,921.76 from the Water and Sewer Baird, Hampton & Operating Fund to the Water Capital Projects Fund in the amount of Brown, Inc. $44,208.76 and Sewer Capital Projects Fund in the amount of $10,713.00; 2. Adopt Appropriation Ordinance No. 16871-03-2006 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$44,208.76 and the Sewer Capital Projects Fund in the amount of $10,713.00 from available funds for the purpose of funding an engineering agreement with Baird, Hampton & Brown, Inc., for pavement reconstruction and water and sanitary sewer main replacement on Clairemont Avenue (East Lancaster Avenue to Hawlet Street), Chicago Avenue (East Lancaster Avenue to Panola Avenue) and East Ramsey Avenue (New York Avenue to Beverly Avenue); and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 10 of 31 3. Authorize the City Manager to execute an engineering agreement with Baird, Hampton & Brown, Inc., in the amount of $139,204.00 for pavement reconstruction and water and sanitary sewer main replacement on Clairemont Avenue (East Lancaster Avenue to Hawlet Street), Chicago Avenue (East Lancaster Avenue to Panola Avenue) and East Ramsey Avenue (New York Avenue to Beverly Avenue) (City Project No. 00295). C-21369 M&C C-21369 —Authorizing the City Manager to execute Change Order No. 3 Change Order No. to City Secretary Contract No. 31206, for construction of the Holly 54-inch 3 to CSC No. Water Main Extension, Phase I, Unit 3-Section A, with Oscar Renda 31206—Oscar Contracting, Inc., in the amount of$568,365.55, thereby increasing the contract Renda amount to $5,872,430.55. Contracting, Inc. C-21370 M&C C-21370 — Authorizing the City Manager to execute a contract with Stabile & Winn, Stabile & Winn, Inc., in the amount of $384,190.50 for Pavement Inc. Reconstruction of Prewett Road (Project No. 00018), from North Beach Street to Silver Sage Drive. C-21371 M&C C-21371 — Authorizing the City Manager to execute an Interlocal Tarrant County Agreement renewal with Tarrant County to continue the provision of Sexually- Transmitted Disease clinical services for Fiscal Year 2005-2006 in Fort Worth for an amended amount not to exceed $85,002.00. C-21372 M&C C-21372 — Authorizing the City Manager to enter into an agreement with American Airlines American Airlines to purchase their lease hold interest in 6.93 acres of land at Fort Worth Alliance Airport. C-21373 M&C C-21373 — Authorizing the City Manager to execute an Unimproved Clendenen Ground Lease Agreement with mandatory improvements with Clendenen Development Development Company and Westside Two, LLC, for construction of a 42,000 Company and square foot hangar facility located on the west side of Fort Worth Spinks Westside Two, Airport. LLC C-21374 M&C C-21374 — Authorizing the City Manager to execute an Unimproved Clendenen Ground Lease Agreement with mandatory improvements with Clendenen Development Development Company and Westside Three, LLC, for construction of a 73,200 Company and square foot hangar complex located on the west side of Fort Worth Spinks Westside Three, Airport. LLC CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 11 of 31 The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council Agenda Item XI Mr. Ralph McCloud, Commission Chair from the Mayor's Advisory Committee Commission on Homelessness presented the results of the January 26, 2006, Presentations City-wide and County-wide homeless count. Agenda Item XIII There was presented a resolution concerning the use of the proceeds of bonds Resolutions issued by the North Central Texas Health Facilities Development Corporation Res. No. 3329-03- for the benefit of Baylor All Saints Medical Center. 2006 Issue Bonds for Council Member Davis made a motion, seconded by Council Member Burdette, Baylor All Saints that Resolution No. 3329-03-2006 be adopted. The motion carried Medical Center unanimously nine (9) ayes to zero (0) nays. Res. No. 3330-03- There was presented a resolution authorizing the City Manager to seek and 2006 distribute state funds, pursuant to Chapter 398 of the Local Government Code, Distribute State in support of the Appaloosa Horse Club World Championship Show. Funds for Appaloosa Horse Council Member Burdette made a motion, seconded by Council Member Davis, Club World that Resolution No. 3330-03-2006 be adopted. The motion carried Championship unanimously nine (9) ayes to zero (0) nays. Show Agenda Item XIV There was presented an ordinance amending Ordinance Nos. 16780-01-2006, Ordinances 16802-01-2006, 16823-02-2006 and 16841-03-2006 ordering a special election Ord. No. 16872- to be held in the City of Fort Worth on May 13, 2006, for the purpose of 03-2006 electing a City Council member for City Council District 4 to serve the Amend Ord. Nos. remainder of an unexpired term to change early voting locations, change 16780-01-2006, election day voting locations and one precinct. 16802-01-2006, 16823-02-2006 and City Attorney Yett stated that an amendment to this ordinance and the next 16841-03-2006 ordinance, both relative to the May 13, 2006, elections were required. He Ordering Special requested Assistant City Attorney Cynthia Garcia to advise the Council of the Election on May changes. 13, 2006, for District 4 Ms. Garcia stated that Tarrant County Elections Administration had again notified the City Secretary's Office that there were some additional changes to polling locations for the May 13, 2006, Joint Election, as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 12 of 31 Early Voting Polling Place Change: Removed: Added: Blue Mound City Hall Grand Prairie Development Center 301 Blue Mound Road 206 W. Church Street Blue Mound, TX 76131 Grand Prairie, TX 75050 This change was made due to the City of Blue Mound cancelling their election and Grand Prairie being first on the list to add an early voting location. Election Day Polling Place Changes: New Precinct Added to District 5 Precinct 1604 has been added to District 5 at the Handley Middle School Election Day voting location. This precinct was previously a split precinct with the City of Arlington and there were no registered voters in Fort Worth. Now there are registered voters in Fort Worth and the precinct has become just a precinct in Fort Worth. District 6—Precinct 1265 Removed: Added: Genesis United Methodist Church Ambassadors of Christ 7635 South Hulen Street 4640 Sycamore School Road Fort Worth, TX 76133 Fort Worth, TX 76133 This change was necessary as the Genesis United Methodist Church is undergoing renovation and the construction will not be completed in time for Election Day. District 7—Precincts: 4497, 4020, and 4204 Removed: Added: Birchman Baptist Church Fire Station No. 23 9100 North Normandale Street 3201 Portales Court Fort Worth, TX 76116 Fort Worth, TX 76116 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 13 of 31 This change was necessary as Birchman Baptist Church has a large ceremony scheduled on Election Day and there is no space available to conduct the election. District 9—Precinct 4084 moved to new location Moved From: Moved To: Southside Church of Christ E. M. Daggett Elementary School 2101 Hemphill Street 958 Page Avenue Fort Worth, TX 76110 Fort Worth, TX 76110 District 3—Precinct 4518 moved to new location Moved From: Moved To: Luella Merritt Elementary R.D. Evans Community Center 7325 Kermit Avenue 3242 Lackland Road Fort Worth, TX 76116 Fort Worth, TX 76116 Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that Ordinance No. 16872-03-2006 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. Ord. No. 16873- There was presented an ordinance amending Ordinance Nos. 16797-01-2006, 03-2006 16824-02-2006 and 16842-03-2006 ordering a special election to be held in the Amend Ord. Nos. City of Fort Worth on May 13, 2006, for the purpose of submitting to the 16797-01-2006, qualified voters of said City, for adoption or rejection, proposed amendments to 16824-02-2006 and the existing Charter of the City of Fort Worth to change early voting locations, 16842-03-2006 change election day voting locations and add precincts. Ordering Special Election on May Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, 13, 2006, for that Ordinance No. 16873-03-2006 be adopted as amended. The motion carried Charter unanimously nine (9) ayes to zero (0) nays. Amendment CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 14 of 31 AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15136 There was presented Mayor and Council Communication No. G-15136 from Settlement of the City Manager recommending that the City Council authorize the City of Claims—Marcus Fort Worth, as a member of the consortium of eight cities (Burleson, Benbrook, Cable Associates, Duncanville, Fort Worth, Hurst, Keller, North Richland Hills and Southlake) to L.L.C., d/b/a settle the Consortium's claims against Charter Communications for its alleged Charter failure to comply with franchise-imposed customer service requirements Communications regarding telephone answering time; and authorize the City Manager to execute all documents necessary to complete the settlement. Council Member Davis inquired about the language of the M&C regarding the use of the fund that would be set up through the settlement amount. She stated that it had been characterized as "...to provide programming for the benefit of cable subscribers..." and stated that it was very general. She added that she wanted to make sure that the City was keeping available the opportunity for the Council to have input on the use of those funds and not locking the City into by the particular language on the M&C. City Manager Boswell stated that staff would provide a recommendation on the use of these funds and added that Council could take action on this issue today. Mayor Pro tem Silcox referred to an e-mail received relative to a signed confidentiality agreement being reflected on the City's website and asked City Manager Boswell to look into this matter. City Manager Boswell stated that he believed the reference was to the M&C and offered to get with representatives of the company to see what was confidential. Mayor Pro tem Silcox also advised the Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. Council Member Haskin stated in regards to the other line of the funding, that the City had a meeting with the Keller Independent School District and was made aware of the northwest and other school districts that also had Charter Cable, did not get any of the City of Fort Worth channels for their information. She added that being able to use these funds to create a more balanced information base would be great. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 15 of 31 Council Member Espino made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15136 be approved. The motion carried eight (8) ayes to zero (0) nays, with Mayor Pro tem Silcox abstaining. G-15137 There was presented Mayor and Council Communication No. G-15137 from Settlement of the City Manager recommending that the City Council authorize settlement of Claim—Atmos the claim by Atmos Energy Corporation for damage to a low-pressure natural Energy gas line (relating to a water main break on December 11, 2005), resulting in Corporation damage to approximately 140 homes located in the Ryan Place neighborhood; authorize the City Manager to expend the sum of $121,914.50 for the settlement agreed to by representatives of the City Manager's Office, Water Department and the Risk Management Division of the Finance Department; and authorize the check to be issued as follows: $121,914.50 to Atmos Energy Corporation. Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. G-15137 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15138 There was presented Mayor and Council Communication No. G-15138 from Res. No. 3331-03- the City Manager recommending that the City Council adopt a resolution 2006 appointing the following persons, representing the following organizations, to Appoint Members the Fort Worth Commission for Women for terms beginning October 1, 2005, to Fort Worth and expiring on October 1, 2006: Commission for Women Place Individual Organization 11 Kathy Lanier Harris Methodist Health Foundation 14 Sue Ann Martinez Hispanic Women's Network 17 Adela Gonzalez University of North Texas Health Science Center 18 Shari Macioch Business & Professional Women, Region 4 Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15138 be approved and Resolution No. 3331-03-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 16 of 31 G-15139 There was presented Mayor and Council Communication No. G-15139 from Partial Approval the City Manager recommending that the City Council approve the applications of Historic Site from multiple property owners for partial approval of the Historic Site Tax Tax Exemption Exemption pertaining to historically designated properties located at 2260 6th Avenue, 1617 South Adams Street, 1316 Alston Avenue, 1320 Alston Avenue, 2208 Alston Avenue, 1515 Fairmount Avenue, 1905 through 1907 Fairmount Avenue, 2113 Fairmount Avenue, 6303 Greenway Road, 2012 Hurley Avenue, 800 Ingram Street and 1426 North Main Street. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15139 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15140 There was presented Mayor and Council Communication No. G-15140 from Verification of the City Manager recommending that the City Council approve the applications Historic Site Tax from multiple property owners for verification of the Historic Site Tax Exemption Exemption for 1323 5th Avenue, 1719 6th Avenue, 1102 Clara Street, 2256 College Avenue, 4630 Collinwood Avenue, 2113 Fairmount Avenue, 1632 South Henderson Street, 1415 Hurley Avenue, 1717 Hurley Avenue, 1957 Lipscomb Street, 2001 Pembroke Drive, 2201 Washington Avenue and 210 St. Louis Avenue. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15140 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15141 There was presented Mayor and Council Communication No. G-15141 from Ord. No. 16874- the City Manager recommending that the City Council approve a mid-year 03-2006 amendment of$199,660.00 to the FY 2005-2006 Crime Control and Prevention Mid-Year District (CCPD) budget to fund the purchase of the second phase of the Sig Amendment to Sauer Weapon Replacement Plan; and adopt a supplemental appropriation CCPD Budget for ordinance increasing appropriations in the Crime Control and Prevention Police Department District Fund in the amount of $199,660.00 and decreasing the reserved, Sig Sauer Weapon undesignated fund balance by the same amount for the purpose of funding the Replacement Plan second phase of the Sig Sauer Weapon Replacement Plan for the Police Department. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15141 be approved and Supplemental Appropriation Ordinance No. 16874-03-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays (Council Member Davis stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 17 of 31 G-15142 There was presented Mayor and Council Communication No. G-15142 from Continued for One the City Manager recommending that the City Council consider and adopt the Week findings and opinions of City staff as presented herein; and adopt an ordinance amending Ordinance No. 15882 to suspend the grant of privilege to Continental Limousines, Inc., for failure to pay fees to operate five (5) limousines upon the streets, alleys and public thoroughfares of the City for noncompliance with Article VI, Chapter 34-222 of the Code of the City of Fort Worth (1986), until the company default has been corrected. The following individuals appeared before Council in opposition of suspending the grant of privilege to Continental Limousines, Inc., and to Silver West Limousines. They stated that the City of Fort Worth's fees were unreasonable and were almost ten times the amount Dallas/Fort Worth (D/FW) International Airport required. They asked that the City not penalize the companies who consistently complied with requirements and that the City enforced the requirements on the companies who were always in non-compliance. They requested that the City of Fort Worth recognize the City of Dallas permit inspection to preclude repetition and reduce the number of inspections. Bruno Texixeria, Mr. Bruno A. Texixeira 7025 Briercliff Court Gary Olson Mr. Gary Olson 6901 Serrano Drive (Council Member Davis returned to her chair at the dais.) Richard Weinel Mr. Richard Weinel 8615 Directors Row, Dallas, TX Mayor Moncrief requested Mr. Weinel provide details of the inspection process for both Dallas and D/FW International Airport. He also requested information on the fees as compared to Fort Worth. Mr. Weinel provided information on the inspections, permit fees, background checks, and literacy tests of the drivers. He recommended Fort Worth not duplicate these requirements but utilize the background checks from other agencies. Council Member Davis discussed with Mr. Weinel his input on how the City of Fort Worth should approach compliance of the other companies that were operating and did not register with the City. Mark Shrayber Mr. Mark Shrayber, 5225 Norwood Road, Dallas, Texas, President of the Limo Association, appeared before Council also in opposition of this issue. He advised the Council of his involvement with the City on a new ordinance that would address the duplication of processes and fees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 18 of 31 City Manager Boswell advised the Council that one course of action on this issue would be to suspend action and that another would be to develop a strategy or game plan for enforcement of those companies not in compliance. He requested that the Council provide direction to staff on how to proceed. Mayor Moncrief suggested that the Council not take action on this issue until the City had a better handle of the process. He added that if the City was owed money, there should be a way of enforcing and collecting that fee. Council Member Haskin made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. G-15142 be continued for one week until the April 4, 2006, City Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15143 There was presented Mayor and Council Communication No. G-15143 from Continued for One the City Manager recommending that the City Council consider and adopt the Week findings and opinions of the City staff as presented herein; and adopt an ordinance to amend Ordinance No. 15882 to suspend the grant of privilege to Silver West, Inc., d/b/a Silver West Limousines for failure to pay annual street rental fees to operate eleven (11) limousines upon the streets, alleys and public thoroughfares of the City for noncompliance with Article VI, Chapter 34-222 of the Code of the City of Fort Worth (1986), until the company default has been corrected. Council Member Haskin made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. G-15143 be continued for one week until the April 4, 2006, City Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15144 There was presented Mayor and Council Communication No. G-15144 from Ord. No. 16875- the City Manager recommending that the City Council: 03-2006 Ord. No. 16876- 1. Approve the Small Capital Projects Crew Work Plan for inclusion in the 03-2006 Parks and Community Services (PACS) Department's FY 2005-06 PACS Department Capital Projects Work Plan; Small Capital Projects Plan for 2. Adopt an appropriation ordinance increasing estimated receipts and FY 200s Plan appropriations in the Park Gas Lease Project Fund in the amount of $129,054.42 from Gas Well Bonus Revenues for the purpose of funding Small Capital Projects at Quanah Parker Park; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 19 of 31 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Park Gas Lease Project Fund in the amount of $250,750.00 from Gas Well Royalty Revenues for the purpose of funding playground renovation projects at Kraus-Baker and Arcadia Parks and Walk and Trail Replacement at Marine Creek Park. Council Member Wheatfall made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. G-15144 be approved and Appropriation Ordinance Nos. 16875-03-2006 and 16876-03-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing for G-15145 the approval of the 2006-2007 Consolidated Action Plan grant application 2006-2007 (CDBG, HOME, ADDI, ESG and HOPWA grants) for submission to the U.S. Consolidated Department of Housing and Urban Development. Mayor Moncrief opened the Action Plan Grant public hearing and asked if there was anyone present desiring to be heard. Delayed Action Until April 4, 2006 Ms. Deidra Emerson, Assistant Housing Director, appeared before Council, gave a staff report, requested that Council delay action on this M&C until April 4, 2006, and called attention to Mayor and Council Communication No. G- 15145, as follows: There was presented Mayor and Council Communication No. G-15145 from the City Manager recommending that the City Council: 1. Conduct a public hearing to allow citizen input and consideration of the 2006-2007 Consolidated Action Plan; 2. Authorize the use of $520,000.00 in estimated program income from the CDBG & HOME repayments and interest earned and Revolving Loan Funds; 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $11,494,189.00 ($6,787,504.00 for Community Development Block Grant (CDBG) Program funds, $520,000.00 in estimated program income, $289,087.00 in Emergency Shelter Grant Program funds, $3,020,899.00 in HOME Investment Partnerships Program funds, $63,699.00 in American Dream Down Payment Initiative Program funds and $813,000.00 in CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 20 of 31 Housing Opportunities for Persons with HIV/AIDS Program funds), from the U.S. Department of Housing and Urban Development subject to receipt of the Consolidated Plan Grant; and 4. Apply indirect cost rates, as applicable, for the Grants Fund in accordance with the City's Administrative Regulations. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that action on Mayor and Council Communication No. G-15145 be delayed for one week. The motion carried unanimously nine (9) ayes to zero (0) nays P-10344 There was presented Mayor and Council Communication No. P-10344 from the In-Car Video City Manager recommending that the City Council authorize the purchase of in- Systems and car video systems and backseat microphones from Mobile Vision, Inc., for the Backseat Police Department using the Texas Building & Procurement Commission's Microphones Agreement 840-A3, for a total cost not to exceed $37,275.00 with payment due 30 days after receipt of invoice and freight included in unit price. Council Member Wheatfall asked that staff clarify how this particular system operated inside the vehicle. Mr. Robert Combs, Purchasing Director, stated that in the Pre-Council Worksession he described the operation of the in-car video system being manual and that the officer in the patrol vehicle could manually evoke the operation of the video system at any time. However, he added that he had subsequently learned that the normal mode of operation was when the vehicle went into the pursuit mode, the in-car video system was automatically turned on and operated until the officer manually shut it off. Council Member Wheatfall made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. P-10344 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 21 of 31 Public Hearing It appeared that the City Council, at its meeting of February 28, 2006, L-14168 continued the public hearing to authorize the conversion of Meadows West Convert Meadows Park for the subsurface drilling and extraction of natural gas from an off site West Park for location. Mayor Moncrief opened the public hearing and asked if there was Subsurface anyone present desiring to be heard. Drilling and Extraction for Mr. Harold Pitchford, Acting Assistant Director, Parks and Community Natural Gas Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14168, as follows: There was presented Mayor and Council Communication No. L-14168, dated February 28, 2006, from the City Manager recommending that the City Council: 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; 2. Find that no feasible or prudent alternative exists to drilling and extracting gas from underneath this park site; 3. Find that the proposed conversion includes all reasonable planning to minimize harm to the parkland; and 4. Close the public hearing and authorize the City Manager to convert the dedicated parkland for subsurface drilling and the extraction of natural gas from land situated in Meadows West Park, located in the J. Rogers Survey, Abstract No. 1264, being Blocks 16 and 17, Meadows West Addition, Tarrant County, Texas. George Hawkins Mr. George Hawkins, 5112 Trinity Landing Drive West, President of the Bellaire Homeowners' Association, appeared before Council in support of this issue. He expressed appreciation to the Council for delaying action until the neighborhood received clarification on the drilling procedures, and to Mayor Pro tem Silcox for arranging the meeting with the neighborhood. He expressed concern with the degradation of parkland and pointed out the verbiage of signage posted on the land as misleading and that the signage stated that the "...park was being considered for conversion for non-recreational use...". Mr. Hawkins also raised concern with distance requirements of the wells at 300 feet and noise abatement in residential areas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 22 of 31 City Attorney Yett stated that the signage was required to comply with State law. He added that a review of the wording on the sign would be conducted to make the signage more informative and not misleading. Mayor Pro tem Silcox suggested City staff find wording that would erase the confusion while still complying with State law. (Council Member Espino stepped away from the dais.) There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. L-14168 be approved. The motion carried eight (8) ayes to zero (0) nays, with Council Member Espino absent. L-14177 There was presented Mayor and Council Communication No. L-14177 from the Right-of-Way for City Manager recommending that the City Council authorize the payment of Southwest $675,000.00 to Clover Vickery Joint Venture to acquire real property for right- Parkway (S.H. of-way of the Southwest Parkway (S.H. 121) (DOE 3777) and estimated 121) closing costs of$6,000.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase located at 4027- 4033 West Vickery Boulevard, Fort Worth, Texas, Parcel No. 66. Council Member Davis clarified for public understanding on this M&C as well as M&C No. 14178, 14179, and 14180, that the City reached Cooperative Agreements with the property owners in terms of price paid for the property in these acquisitions. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication Nos. L-14177 be approved. The motion carried eight (8) ayes to zero (0) nays, with Council Member Espino absent. L-14178 There was presented Mayor and Council Communication No. L-14178 from the Right-of-Way for City Manager recommending that the City Council authorize the payment of Southwest $287,054.00 to John B. McClane and Nancy Dean McClane to acquire real Parkway (S.H. property for right-of-way of the Southwest Parkway (S.H. 121) (DOE 3777) 121) and estimated closing costs of $3,000.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase of the property described as Parcel 82, Lot 13R, Block 2, Factory Place Addition, Tarrant County, Texas, also known as 4333 West Vickery Boulevard, Fort Worth, Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 23 of 31 Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication Nos. L-14178 be approved. The motion carried eight (8) ayes to zero (0) nays, with Council Member Espino absent. L-14179 There was presented Mayor and Council Communication No. L-14179 from the Right-of-Way for City Manager recommending that the City Council authorize the payment of Southwest $1,197,994.00 to Law Offices of Terry K. Fleming, P.C., a Texas professional Parkway (S.H. corporation, to acquire real property for right-of-way of the Southwest Parkway 121) (S.H. 121) (DOE 3777) and estimated closing costs of $11,000.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase located at 4425 West Vickery Boulevard, Fort Worth, Texas, Parcel No. 87. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication Nos. L-14179 be approved. The motion carried eight (8) ayes to zero (0) nays, with Council Member Espino absent. L-14180 There was presented Mayor and Council Communication No. L-14180 from the Right-of-Way for City Manager recommending that the City Council authorize the payment of Southwest $116,098.00 to Law Offices of Terry K. Fleming, P.C., a Texas professional Parkway (S.H. corporation, to acquire real property for right-of-way of the Southwest Parkway 121) (S.H. 121) (DOE 3777) and estimated closing costs of$2,500.00; and authorize the appropriate City representatives to execute the documents necessary to complete the purchase located at 4507 West Vickery Boulevard, Fort Worth, Texas, Parcel No. 89. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication Nos. L-14180 be approved. The motion carried eight (8) ayes to zero (0) nays, with Council Member Espino absent. PZ-2669 There was presented Mayor and Council Communication No. PZ-2669 from the Amend Fire City Manager recommending that the City Council adopt an amendment to the Protection Section Fire Protection section of the 287 Zone service plan adopted on November 8, of Adopted Service 2005, with Ordinance No. 16704, changing the location of the first permanent Plan for 287 Zone fire station to be constructed from the Business 287 corridor to Willow Springs Road. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 24 of 31 Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. PZ-2669 be approved. The motion carried eight (8) ayes to zero (0) nays, with Council Member Espino absent. The motion carried eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-21375 There was presented Mayor and Council Communication No. C-21375 from the Continued for One City Manager recommending that the City Council: Week 1. Authorize an amendment to City Secretary Contract No. 20111 with the Fort Worth Convention and Visitors Bureau for the payment of additional funds for incentives; 2. Authorize payment to $150,000.00 to the Fort Worth Convention and Visitors Bureau; and 3. Adopt a supplemental appropriation ordinance increasing estimated receipts and appropriations in the Culture and Tourism Fund in the amount of $150,000.00 from available funds for the purpose of an amendment to City Secretary Contract No. 20111 with the Fort Worth Convention and Visitors Bureau to offer incentives to scheduled events that have been displaced due to shortage of hotel rooms and parking from the construction of the Omni Hotel and Convention Center garage. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-21375 be approved. Council Member Burdette pointed out the importance of this amendment as the City did not have a sufficient amount of hotel rooms to meet convention needs. He added that these funds would assist the Convention and Visitors Bureau to make other accommodations and assistance to travelers and conventions that may come to the City. He further stated that it was extremely important that the City do this so that no business is lost until the City's full complement of hotel rooms is operating. Council Member Haskin inquired if Council had ever received a briefing on this issue before. Mr. Kirk Slaughter, Public Events Department Director, stated that staff had not provided a briefing to the Council. He stated that through the next year and a half the City had hotel rooms out of inventory due to renovations. He added this funding would help those conventions committed to stay in Fort Worth and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 25 of 31 have a good experience and return in the future the next time the City bids for those conventions. He added that one of the more popular considerations would be to help with transportation issues being that the Ramada Plaza and Clarion Hotel closed down and the new Hilton Hotel was permanently closing 225 guest rooms for renovations. He further stated that some groups had commitments at those hotels and that the Visitor and Convention Bureau was working to find accommodations at different hotels throughout Fort Worth that would require some considerations at assisting those groups with transportation issues. Mayor Moncrief stated that a memorandum to the Council would have been helpful prior to this issue coming before the Council. He added that he understood the challenge because these commitments needed to be addressed. Council Member Hicks stated that the National Black Public Administrators would be here in April 2006 and attendees had to go to four different hotels, some of which were outside of downtown. She added that 1,500 people would be coming into the City and it would be quite an undertaking trying to get all the attendees together. Council Member Jordan pointed out during the deliberations of the various hotel rehabilitation projects, it was requested of the City staff in a Pre-Council Worksession to come before the Council with a plan to address the downsizing of the hotels. Council Member Jordan made a substitute motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21375 be continued for one week until the April 4, 2006, City Council meeting pending a presentation to the Council. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21376 There was presented Mayor and Council Communication No. C-21376 from the Ord. No. 16877- City Manager recommending that the City Council: 03-2006 JLB Contracting, 1. Authorize the transfer of $749,706.76 from the Water and Sewer LP Operating Fund to the Water Capital Project Fund in the amount of $469,679.71 and Sewer Capital Project Fund in the amount of $280,027.05; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 26 of 31 2. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $469,679.71 and the Sewer Capital Project Fund in the amount of $280,027.05 from available funds for the purpose of funding a contract with JLB Contracting, LP, for pavement reconstruction and water and sewer replacement on Dennis Avenue (Roaring Springs Road to Burton Hill Road), Fursman Avenue (Roaring Springs Road to Burton Hill Road) and Mattison Avenue (Virginia Place to Washington Terrace); and 3. Authorize the City Manager to execute a contract with JLB Contracting, LP, in the amount of $1,419,334.46 for pavement reconstruction and water and sewer replacement on Dennis Avenue (Roaring Springs Road to Burton Hill Road), Fursman Avenue (Roaring Springs Road to Burton Hill Road) and Mattison Avenue (Virginia Place to Washington Terrace) (2004 CIP Project No. 00024). Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. C-21376 be approved and Appropriation Ordinance No. 16877-03-2006 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21377 There was presented Mayor and Council Communication No. C-21377 from the S. J. Louis City Manager recommending that the City Council authorize the City Manager Construction of to execute a contract with S. J. Louis Construction of Texas, Ltd., in an amount Texas, Ltd. of $3,314,838.69 for Construction of Sanitary Sewer Main M244-A Village Creek Parallel Collector— Contract 3 (DOE 5113). Council Member Wheatfall made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. C-21377 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21378 There was presented Mayor and Council Communication No. C-21378 from the Risinger Deer City Manager recommending that the City Council authorize the City Manager Creek, L.P., a to execute a Community Facilities Agreement with Risinger Deer Creek, L.P., a Texas Limited Texas Limited Partnership, by D.L.H., Jr., Land Company, its General Partner, Partnership, by for the installation of offsite water services to serve Deer Creek North Addition, D.L.H., Jr., Land a future single-family development, located in far south Fort Worth. Company, its General Partner CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 27 of 31 Council Member Jordan made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. C-21378 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21379 There was presented Mayor and Council Communication No. C-21379 from the Steve Hawkins City Manager recommending that the City Council authorize the City Manager Custom Homes, to execute a Community Facilities Agreement with Steve Hawkins Custom Inc. Homes, Inc., for the installation of water and sewer services to serve Marine Creek Hills V, Phase I, a future single-family development located in far northwest Fort Worth. Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. C-21379 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21380 There was presented Mayor and Council Communication No. C-21380 from the Texas Department City Manager recommending that the City Council authorize the City Manager of Transportation to execute a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation in the amount of$1,160,501.00 for the reconstruction of portions of the westbound and eastbound frontage roads along IH 20 east of Anglin Drive. Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. C-21380 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-213 It appeared that the City Council, at its meeting of February 28, 2006, Denied Without continued the hearing of the application of Harish D. Dand for a change in Prejudice zoning of property located at 7950 Calmont Avenue, the 2700 block of Shenandoah Road and the 2600 block of Cherry Lane from "E" Neighborhood Commercial to "A-5" One-Family Residential, Zoning Docket No. ZC-05-213. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Assistant City Manager stated that Council had several options on this zoning case and that if the Council decided to deny the request, staff requested that the application fee be waived as the owner had been working with the Chamber of Commerce and others to try and reach a solution and agreed to apply for the zoning change within six months. He added that if the Council decided to deny CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 28 of 31 without prejudice, the recommended action would be to deny without prejudice and provide a waiver of the zoning application fee for the same property and application being made within six months. There being no one else present desiring to be heard in connection with the application of Harish D. Dand, Mayor Pro tem Silcox made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-213 be denied without prejudice and waive the zoning application fee for the same property and application being made within six months. The motion carried unanimously nine (9) ayes to zero (0) nays. Item XV Mr. Todd Bennett, 2435 Stadium Drive, appeared before Council relative to Citizen train whistles from the Union Pacific Centennial Yard on Rogers Road being a Presentations nuisance. He stated that the train whistles blow non-stop at the construction Todd Bennett yard, even when there is no construction taking place. He added that he was informed that some of the locomotives were on beltpack and trip switches automatically; however, nothing had been done to abate the noise. He suggested that a way to abate the noise was to curb the working hours. He requested that the Council speak with other people in the neighborhood to see if anyone else had a problem with the noise. Council Member Davis advised Mr. Bennett that he was not the only person with this problem. She stated that this problem did not exist prior to a little over a year ago when in the internal yard a new crossing was created for the purposes of Union Pacific (UP) employees coming off of Rogers Road. She added that when the internal crossing was created, they put trip wires onto the track and most of the trains were coming in without an engineer; at that point the trains were on automatic drive and the trains are tripping the horns as soon as they come in. She further stated that the City did organize a meeting with UP approximately 10 months ago and was assured the trip wires were going to be moved back in a way so that it would not be blowing quite so often, and also a quiet zone was discussed. She added that the City only had some limited authority because it was within their yard. If it were a crossing on a public street, the City could have more influence; however, in regard to the creation of the quiet zone the City did need to obtain UP's permission in terms of implementing that zone. She pointed out that the City did ask them not to blow the whistles, but they felt their employees would not be safe in that situation because they were crossing the yard at that point. She stated that Mr. Bennett's presence was a good reminder that another meeting needed to be scheduled to talk about all the commitments that were made by UP to decrease that noise in the prior meeting. She offered to introduce Mr. Bennett to some of his CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 29 of 31 neighbors and asked him to be present at the meeting. She asked Assistant City Manager Marc Ott to work with the Transportation/Public Works Department to organize the meeting and keep in contact with Mr. Bennett. Joe Don Brandon Mr. Joe Don Brandon, P.O. Box 325, Euless, Texas, appeared before Council relative to police misconduct and civil right issues. He requested the City Police Department back off of enforcement in the homeless community. Mr. Brandon stated that he had been working with Lieutenant Jones from the Adams Precinct and with Ms. Brewer on community issues. He addressed homeless issues and summarized the positive changes being made in the homeless community by the homeless community. Council Member Hicks stated that the City was very aware of the improvements in the homeless community and referred to the presentation provided earlier from the Homeless Task Force and encouraged him to get involved with that committee. Mr. Brandon indicated that he disagreed with the figures that had been presented. Marty Bitter Mr. Marty Bitter, 4813 Barberry Drive, President of the Meadows of Candleridge Neighborhood Association. He referred to his presentation in the summer of 2005 about the unacceptable work being performed in his neighborhood in regard to a microsurfacing street repair program. He stated that with the assistance of Council Member Jordan, the street repair had been completed. He also expressed appreciation to Mr. Andy Anderson, Engineering Department, for his interest and follow up. However, he added that the City's response to this situation was frustrating and suggested that the City make changes to the way contractors were selected. He stated that the City should set high standards and hire only quality contractors, and if the contractors did not perform up to standards, that fines should be imposed. Gene Putnam Mr. Gene Putnam, 5501 Lubbock, appeared before Council relative to receiving a ticket on the southside of Fort Worth. He stated that he decided to challenge the ticket and came down to the court on the day the weather service predicted inclement weather. He added that he did not have any problem getting into the City and when he arrived at Municipal Court, he was informed that it was closed. He summarized his many telephone calls to Municipal Court that were not returned and his frustrated attempts to resolve the issue with court personnel to no avail. He further stated that his ticket should be dismissed, but that he had another Court date on April 12, 2006. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 28, 2006 PAGE 30 of 31 Mayor Moncrief stated that he understood Mr. Putnam's frustrations; however, the Court would decide on the dismissal of his ticket. He also agreed with Mr. Putnam that he should have received return phone calls. He added that the City tried to be proactive with closures and delays during inclement weather and sometimes that created some inconvenience. Mr. Putnam suggested that notice should be placed on the reverse side of the ticket that addressed inclement weather issues. Mayor Moncrief agreed with the suggestion and referred him to Acting Assistant City Manager Richard Zavala to resolve this issue. City Attorney Yett stated that walk-ins were accepted at Municipal Court, but if a person wanted to contest his ticket a trial date had to be scheduled to ensure the issuing officer could be present. Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 1:55 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) Legal issues concerning a proposed metal recycling regulatory ordinance; b) Legal issues concerning the retention of outside legal counsel; c) Legal issues concerning beverage contract proposal; d) Legal issues concerning DFW Airport; e) Legal issues concerning jail service contracts; f) In re: Birch Telecom, Inc., et al., Bankruptcy Cause No. 05- 12237—Delaware Bankruptcy Court; and g) Legal issues concerning any item listed on today's City Council meeting agendas; and CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING MARCH 28,2006 PAGE 31 of 31 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 2:43 p.m. Agenda Item XVII There being no further business,the meeting was adjourned at 2:43 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 4t' day of April, 2006. Attest: Approve . G Marty Hen ix Mi hae J. oncri City Secretary Mayor