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HomeMy WebLinkAbout2006/10/17-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 Absent Council Member Donavan Wheatfall, District 5 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 10:13 a.m. on Tuesday, October 17, 2006, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Scarth temporarily absent. Agenda Item H The invocation was given by Pastor David Gilliland, Alta Mesa Church of Invocation Christ. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Espino, the minutes of the regular meeting of October 10, 2006, were approved Minutes unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Scarth absent. (Council Member Scarth assumed his place at the dais.) Agenda Item V Council Member Espino presented a Proclamation for Texas Trail Hall of Fame Special Day to Hub Baker, Vice President and owner of Texas Trail of Fame, George Presentations Westby, Treasurer and owner of Texas Trail of Fame, and Brent Morton, Executive Director, Texas Trail of Fame. Mr. Baker invited the Council to the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 2 of 22 induction ceremony on October 28, 2006, at 10:00 a.m. in front of the Livestock Exchange. He added that Secretary of State Roger Williams would be the main speaker and that the ceremony was open to the public. Mr. Westby provided a brief history of the Texas Trail of Fame which started in 1996 and continues to educate children on the City's western heritage. Mr. Morton provided the names of the newest inductees as follows: John Butterfield, Pioneer Ephraim Merrell Daggett, Father of City of Fort Worth Don Edwards, Famous Cowboy Singer Charles McFarland, Founder of Fort Worth Livestock Show Tom B. Saunders IV, Cowboy/Rancher Allen Short, Founder, Texas Trail of Fame "Midnight", Bucking Bronc Hank Thompson, Cowboy Musician Agenda Item VI Council Member Jordan announced that there would be a Police Forum held on Announcements October 24, 2006, at Great Commission Baptist Church on McCart Street at 7:00 p.m. He also announced that on November 13, 2006, a Town Hall Meeting would be held at North Crowley High School at 6:30 p.m. where various City agencies would have information booths present. Council Member Espino announced that early voting for the November 7, 2006, General Election and the City's Meet and Confer Election would begin October 23, 2006, and continue through November 3, 2006. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from C-21765 be withdrawn from the consent agenda. Consent Agenda 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 Silcox, seconded by Council Member Consent Agenda Espino, the Council voted eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 3 of 22 OCS-1580 M&C OCS-1580 - 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-15445 M&C G-15445 - Authorizing the City Manager to exercise the first of four one- Purchase Aircraft year renewal options for the purchase of aircraft insurance coverage (police Insurance and helicopters) from the Key & Piskuran Insurance Agency for the period of Airport Liability October 1, 2006, to September 30, 2007, for the annual premium cost of Insurance $98,876.00; and authorizing the City Manager to exercise the first of four one- year renewal options for the purchase of airport liability insurance from the Key & Piskuran Insurance Agency for the period of October 1, 2006, to September 30, 2007, for the annual premium cost of$51,675.00. G-15446 M&C G-15446 - Approving an extension of injury leave-of-absence pay Extend Injury benefits for Police Sergeant Gary W. Wilson through March 1, 2007. Leave-of-Absence Pay Benefits for Police Sergeant Gary W. Wilson G-15447 M&C G-15447 - Authorizing the transfer of $299,957.19 from the Light and Ord. No. 17233- Signal Improvements Fund to the Grants Fund in order to reimburse the Traffic 10-2006 Signal System Grant from the Texas Department of Transportation (TxDOT) Reimburse Traffic for a revenue shortfall in the grant; and adopting Appropriation Ordinance No. Signal System 17233-10-2006 increasing estimated receipts and appropriations in the Grants Grant from Fund in the amount of $299,957.19 from a transfer from the Light and Signal TxDOT for Fund, for the purpose of funding a reimbursement to the Texas Department of Revenue Shortfall Transportation Traffic Signal System Grant due to a revenue shortfall. G-15448 M&C G-15448 - Authorizing the temporary closure of Northeast 29th Street Temporary between North Commerce Street and North Terry Street for the construction of Closure of Portion Drainage Improvements to Tony's Creek Drainage System from October 17, of Northeast 29th 2006, to April 10, 2007. Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 4 of 22 G-15449 M&C G-15449 - Adopting Appropriation Ordinance No. 17234-10-2006 Ord. No. 17234- increasing estimated receipts and appropriations in the Special Trust Fund in 10-2006 the amount of $25,000.00 from available funds for the purpose of funding the Renew CSC No. renewal of City Secretary Contract No. 32248 with Aramark Sports & 32248 for Food Entertainment Services of Texas, Inc., for food and beverage concession and Beverage services at Will Rogers Memorial Center (WRMC) for the Public Events Concession Department; and authorizing the use of these funds in accordance with the Services at City's purchasing and expenditure guidelines. WRMC G-15450 M&C G-15450 - Adopting Appropriation Ordinance No. 17235-10-2006 Ord. No. 17235- increasing estimated receipts and appropriations in the Special Trust Fund in 10-2006 the amount of $25,490.77 from available funds for the purpose of funding the Fund Remaining remaining obligation of City Secretary Contract No. 19610 with Ken Moore Obligation of CSC Enterprises, Inc., for food and beverage concession services at Will Rogers No. 19610 for Memorial Center (WRMC) for the Public Events Department; and authorizing Food and the use of these funds in accordance with the City's purchasing and expenditure Beverage guidelines. Concession Services at WRMC G-15451 M&C G-15451 - Considering and adopting the findings and opinions of the Ord. No. 17236- City Staff as presented herein; finding that the public necessity and convenience 10-2006 require the operation of four limousines upon the city streets, alleys and Grant Use of thoroughfares; and adopting Ordinance No. 17236-10-2006 granting Gorgi Streets,Alleys and Group Limo Service, LLC, the privilege to use the streets, alleys and public Thoroughfares to thoroughfares of the City in the conduct of its limousine business, which shall Gorgi Group Limo consist of the operation of four (4) limousines for a three year period beginning Service, LLC on the effective date; specifying the terms and conditions of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by Gorgi Group Limo Service, LLC, and providing an effective date, complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth (1986), as amended. The three year period shall commence on the effective date, which shall be the first day following the acceptance by the grantee and completion of the publication requirement as determined by Article XXV, Section 2 of the Charter of the City of Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 5 of 22 G-15452 M&C G-15452 - Accepting a grant from the Federal Aviation Administration Ord. No. 17237- (FAA) for the purchase of an Aircraft Rescue Firefighting Vehicle in the 10-2006 amount of $550,000.00; authorizing the use of additional land credits in the Grant from FAA amount of$28,947.00 for the City's in-kind local match of the project cost; and to Purchase adopting Appropriation Ordinance No. 17237-10-2006 increasing estimated Aircraft Rescue receipts and appropriations in the Airport Grants Fund in the amount of Firefighting $578,947.00, subject to receipt of the grant from the Federal Aviation Vehicle for Fort Administration, for the purpose of funding the purchase of an Aircraft Rescue Worth Alliance Firefighting Vehicle at Fort Worth Alliance Airport. Airport P-10465 M&C P-10465 - Authorizing purchase agreements with Raptor Controls, Ltd., Traffic Signal McCain, Inc., and Consolidated Traffic Controls, Inc., for traffic signal parts for Parts the Transportation/Public Works Department; a. McCain, Inc., awarded items 1 and 12 b. Consolidated Traffic Controls, Inc., awarded items 2 and 11 c. Raptor Controls, Ltd., awarded items 3 through 10 Authorizing these agreements to begin October 17, 2006, and expire October 16, 2007, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other entities to participate in the bid award in accordance with the Texas Government Local Code, Chapter 271.102, "Cooperative Purchasing". P-10466 M&C P-10466 - Authorizing a purchase agreement for plastic water meter Plastic Water boxes and cast iron lids with Texas Water Products for the Water Department Meter Boxes and based on best value with freight included and payment due 30 days after receipt Cast Iron Lids of invoice; and authorizing this agreement to begin October 17, 2006, and expire October 16, 2007, with options to renew for two additional one-year periods. P-10467 M&C P-10467 - Authorizing a purchase agreement for hydrofluosilicic acid Hydrofluosilicic with Harcros Chemicals, Inc., for the Water Department based on best value Acid with freight included and payment due 30 days after receipt of invoice; and authorizing this agreement to begin October 10, 2006, and expire October 9, 2007, with options to renew for two additional one-year periods. P-10468 M&C P-10468 - Authorizing the purchase of new dump truck beds and Dump Truck spreaders from the Texas Department of Criminal Justice for the Water and the Beds, Spreaders, Transportation & Public Works (T/PW) Departments as listed below for a cost Toolboxes & not to exceed $240,232.00 with payment due 30 days from the invoice date. Hydraulics Freight is included in the unit prices. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 6 of 22 Qtv. &Description Department Unit Price Extended Total 3 ea. 10 yard dump truck beds, T/PW $17,253.00 $ 51,759.00 spreaders&hydraulics 1 ea. 10 yard dump truck bed, T/PW $ 20,668.50 toolbox&hydraulics 1 ea.6 yard dump truck bed, T/PW $ 22,758.50 spreader,toolbox&hydraulics 6 ea. 10 yard dump truck beds, T/PW $21,653.00 $129,918.00 spreader,toolbox&hydraulics 1 ea. 10 yard dump truck bed Water $ 15,128.00 Total $240,232.00 P-10469 M&C P-10469 - Authorizing a sole source purchase of the Introduction to Introduction to Electronics for Explosives Technicians Course from Allen-Vanguard Electronics for Corporation for the Fire Department for a cost not to exceed $50,000.00 with Explosives payment due 30 days after receipt of invoice. Technicians Course L-14256 M&C L-14256 - Approving the sale of surplus tax foreclosure properties as Sale of Surplus described below, in accordance with Section 272.001 of the Texas Local Tax Foreclosure Government Code for a total of $64,754.97; and authorizing the City Manager Properties to execute the appropriate deeds conveying the properties to the highest bidder complying with bid specifications. Bidder Address Legal Description Juan Lopez 3300 29h St. (NE) Lot 4,Block 1,Riverside Estates Addition Jose Rivas 1117 Blodgett Ave. Lots 7 and 8,Block 3,Fairview Heights Addition Mo Peracha/West Crest 0000 Greer St. Lot 11, Cranfill Sub Addition Partners,LLC Teodoro Santillian 2510 Las Brisas St. Lot 6,Block 6,Las Brisas Subdivision Mo Peracha/West Crest 102 Live Oak St. Lot 3,Live Oak Addition Partners,LLC Juan Lopez, 1224 Meriwether Lot 7,Block 1,Weisenberger#4 Montgomery Custom Ave. Addition Homes,LLC Juan Lopez,Linda L. 4725 Trueland Dr. Lot 13A,Block 9,Trueland Atkins,Irene B. Addition Gregorian,London Funding,LLC CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 7 of 22 Bidder Address Legal Description Irene B. Gregorian, 3904 Wayside Ave. Lot 2,Block 35,Homeland London Funding,LLC, Addition Linda L. Atkins, Carlos G.Del Vecchio L-14257 M&C L-14257 - Authorizing the sale of 12 tax-foreclosed parcels listed below Sale of Tax located in Southeast Fort Worth, adjacent to the Titus Paulsel Park, in Foreclosed Parcels accordance with Section 34.05 of the Texas State Property Tax Code to the City of Fort Worth for the total amount of $13,659.00; and authorizing the City Manager to execute and record the appropriate documents conveying the properties to complete the sale. Address Legal Description 2050 Thrall Street Lot K, Block 112, Polytechnic Heights Addition 2050 Thrall Street Lot L, Block 112, Polytechnic Heights Addition 2050 Thrall Street Lot M, Block 112, Polytechnic Heights Addition 2050 Thrall Street Lot N, Block 112, Polytechnic Heights Addition 2050 Thrall Street Lot O, Block 112, Polytechnic Heights Addition 2050 Thrall Street Lot P, Block 112, Polytechnic Heights Addition 2050 Thrall Street Lot Q, Block 112, Polytechnic Heights Addition 2050 Thrall Street Lot R, Block 112, Polytechnic Heights Addition 2050 Thrall Street Lot S, Block 112, Polytechnic Heights Addition 2800 Avenue L Lot A, Block 112, Polytechnic Heights Addition 2802 Avenue L Lot B, Block 112, Polytechnic Heights Addition 2804 Avenue L Lot C, Block 112, Polytechnic Heights Addition C-21763 M&C C-21763 - Authorizing the City Manager to execute a contract in the Alliance for amount of $63,998.00 with the Alliance for Children to perform services to Children combat child abuse. C-21764 M&C C-21764 - Authorizing the City Manager to renew the contract with North Texas North Texas Business Opportunities for Leadership Diversity (BOLD) BOLD Initiative Initiative at a cost of $25,000.00, for the development and promotion of minorities and women in Fort Worth's corporate workforce. C-21766 M&C C-21766 - Authorizing the City Manager to execute a contract in the Latin Arts amount of$60,000.00, with the Latin Arts Association of Fort Worth, Inc., for Association of Fort promotion of the Rose Marine Theatre. Worth, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 8 of 22 C-21767 M&C C-21767 - Authorizing the City Manager to execute a contract in the Arts Council of amount of $280,000.00 with the Arts Council of Fort Worth and Tarrant Fort Worth and County for the Neighborhood Arts Program. Tarrant County C-21768 M&C C-21768 - Authorizing the City Manager to execute a contract with Safe Safe Haven of Haven of Tarrant County at a cost of$90,000.00 for the provision of services to Tarrant County the citizens of Fort Worth affected by family violence. C-21769 M&C C-21769 - Authorizing the City Manager to execute a contract with the Tarrant Council Tarrant Council on Alcoholism and Drug Abuse at a cost of $50,000.00, for on Alcoholism and youth alcohol and substance abuse prevention/intervention programs. Drug Abuse C-21770 M&C C-21770 - Authorizing the City Manager to execute a contract with Mental Health Mental Health Mental Retardation of Tarrant County for the Tarrant County Mental Youth Recovery Campus at a cost of$51,000.00. Retardation of Tarrant County C-21771 M&C C-21771 - Authorizing the City Manager to execute a contract in the World Affairs amount of$33,000.00, with the World Affairs Council of Greater Fort Worth to Council of Greater promote Fort Worth in the international arena. Fort Worth C-21772 M&C C-21772 - Approving a joint transfer agreement for a total amount of up Texas Workforce to $403,867.00 with the Texas Workforce Commission (TWC) beginning Commission October 1, 2006, and ending September 30, 2007, as part of the Title VI Persons Responsibility and Work Opportunity Reconciliation Act of 1996 for the Child Care Development Program; and authorizing the City Manager to execute contracts with the following organizations to provide additional child care services, contingent upon approval and receipt of adequate funding from the TWC. All contracts will begin October 1, 2006, and expire September 30, 2007; YWCA of Fort Worth and Tarrant County in an amount not to exceed $141,334.00; Clayton YES in an amount not to exceed$58,663.00; Child Care Associates in an amount not to exceed $60,739.00; YMCA of Metropolitan Fort Worth in an amount not to exceed $113,621.00; and Fort Worth Housing Authority, for the AMAKA Learning Center, in an amount not to exceed $29,510.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 9 of 22 C-21773 M&C C-21773 - Authorizing the City Manager to enter into an Encroachment Christ Chapel Agreement with Christ Chapel Bible Church authorizing use of the right-of- Bible Church way for underground computer and telephone conduits at 3721 Birchman Avenue. C-21774 M&C C-21774 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 32428 with Oscar Renda Contracting, Inc., for 1 to CSC No. construction of the Holly 54-inch Water Main Extension, Phase I, Unit 3 - 32428 - Oscar Section (B) Project No. 00281, in the amount of $127,086.30, thereby Renda increasing the contract amount to $6,082,817.30. Contracting, Inc. C-21775 M&C C-21775 - Authorizing the execution of one Storm Water Facility 90 North Fort Maintenance Agreement from 90 North Fort Worth, Ltd., for property located Worth, Ltd. in north Fort Worth(DOE 5097). C-21776 M&C C-21776 - Rescinding authorization to participate in a cooperative Rescind purchasing program with the Texas Department of Transportation (TxDOT) as Participation in granted by M&C C-21649 on August 29, 2006; and authorizing the City Cooperative Manager to execute an agreement with Intercon Environmental, Inc., based Purchasing upon Intercon's Texas Building Procurement Commission contract for asbestos Program with abatement and demolition services of the identified structures located in the TxDOT and Vickery Corridor for right-of-way for the Southwest Parkway (SH 121) (DOE Execute 3777)project area in the amount of$1,577,117.25. Agreement with Intercon Environmental, Inc. C-21777 M&C C-21777 - Authorizing the City Manager to execute a Mutual Aid Law University of Enforcement Agreement with the University of Texas at Arlington, Fort Worth Texas at Arlington Campuses, to respond to requests for police assistance. C-21778 M&C C-21778 - Authorizing the City Manager to accept additional funding for Ord. No. 17238- an existing grant contract (M&C C-21279) with the Texas Department of State 10-2006 Health Services, for $20,000.00 to be used to provide training in Texas Department English/Spanish for promoter(s) and community health workers on the of State Health Community Physical Activity curriculum from September 1, 2006, to August Services 31, 2007; adopting Appropriation Ordinance No. 17238-10-2006 increasing estimated receipts and appropriations in the Grants Fund in the amount of $20,000.00, subject to receipt of the grant from the Texas Department of State CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 10 of 22 Health Services, for the purpose of funding the Community Physical Activity Promotion Training curriculum of community health workers; and waiving the indirect cost rate to allow maximum use of funds for delivery of services to the community. C-21779 M&C C-21779 - Authorizing the City Manager to execute a contract with The The Rogers Group Rogers Group for the production and airtime of a 30 second, generic "Recycle and Buy Recycled" video with animated graphics for the Solid Waste Division of the Department of Environmental Management at a cost not to exceed $135,000.00. C-21780 M&C C-21780 - Adopting Appropriation Ordinance No. 17239-10-2006 Ord. No. 17239- increasing estimated receipts and appropriations in the Water and Sewer Fund 10-2006 in the amount of$106,000.00 from available funds for the purpose of executing HDR Engineering an engineering agreement with HDR Engineering for the development of water and wastewater utilities growth management and extension policies for the Extraterritorial Jurisdiction; and authorizing the City Manager to execute a contract with HDR Engineering in the amount of $106,000.00 to assist the Water Department in assessing the near and long term effects of providing water and wastewater service to special utility districts and in developing appropriate assessment tools and policies to strategically manage the provision and extension of water and wastewater utility service in its Extraterritorial Jurisdiction. C-21781 M&C C-21781 - Authorizing the City Manager to execute Change Order No. 3 Change Order No. to City Secretary Contract No. 32059 with William J. Schultz, Inc., d/b/a Circle 3 to CSC No. "C" Construction Company for construction of the Lake Worth south shore low 32059 -William J. pressure system in the amount of $49,432.00, thereby increasing the contract Schultz, Inc., d/b/a amount to $1,334,032.00. Circle "C" Construction Company C-21782 M&C C-21782 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 City Secretary Contract No. 15712 for the City of White Settlement's to CSC No. 15712- Wholesale Wastewater Contract. City of White Settlement CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 11 of 22 C-21783 M&C C-21783 - Authorizing the City Manager to execute a license agreement Forest Park Rides, with Forest Park Rides, Inc., for the operation of a miniature train ride in Forest Inc. and Trinity Parks. C-21784 M&C C-21784 - Authorizing the City Manager to execute Change Order No. 2 Change Order No. to City Secretary Contract No. 32647 with Archer Western Contractors, Ltd., in 2 to CSC No. the amount of $97,805.00 for the fabrication and installation of site signage at 32647 -Archer the Fort Worth Water Gardens. Western Contractors, Ltd. C-21785 M&C C-21785 - Authorizing amendments to City Secretary Contract No. Amend CSC No. 29988 with the Youth Sports Council of Fort Worth, Inc., to allow the Youth 29988 -Youth Sports Council to hire, schedule, and pay the game officials and scorekeepers Sports Council of and to provide increased oversight of the Youth Sports Program. Fort Worth, Inc. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Silcox, Presentations by that the following individuals be reappointed as appropriate to boards and City Council commissions as indicated effective October 17, 2006, and with terms expiring Appointments as reflected: Library Advisory Board,Place 2 Expiration Dates Ms.Keith Reardon October 1,2008 Appeals Board,Place 2 September 30,2008 Martha.Lunday Historic and Cultural Landmarks Commission,Place 2 Doyle Willis,Jr. October 1,2008 Golf Advisory Committee,Place 2 Louis Ayala October 1,2008 City Plan Commission,Place 2 Mark Barnes October 1,2008 City Zoning Commission, Fort Worth Alliance Zoning Commission and Scenic Preservation&Design Review Commission,Place 2 Neftali Ortiz October 1,2008 The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 12 of 22 Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution re-appointing members to serve on the Resolution to Mayor's Advisory Commission on Homelessness and appointing two new Appoint and members effective October 17, 2006, and with terms expiring September 30, Re-Appoint 2008, as follows: Members to Mayor's Advisory NAME PLACE Commission on Mike Doyle 2 Homelessness Joseph DeLeon 10 Continued for One Tony Guinn 12 Week Sheryl Kenny 14 Inell Hawkins 16 Jason Hall 18 Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan, that the resolution be continued for one week to the October 24, 2006, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Res. No. 3422-10- There was presented a resolution of the City Council of the City of Fort Worth, 2006 Texas, canceling and changing various dates of the regularly scheduled City Cancel and Council meetings for the months of January through March 2007, as follows: Change Various Dates of Regularly The City Council meeting of Tuesday, January 2, 2007, is hereby canceled due Scheduled City to the New Year's holiday. Council Meetings for January The City Council meeting of Tuesday, January 16, 2007, is hereby changed to through March Thursday, January 18, 2007, at 10:00 a.m. due to the Martin Luther King, Jr. 2007 holiday. The City Council meeting of Tuesday, February 27, 2007, is hereby canceled due to Tarrant County Days in Austin. The City Council meeting of Tuesday, March 13, 2007, is hereby canceled due to the National League of Cities Congressional City Conference in Washington, D.C., scheduled for March 10th through March 14tH CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 13 of 22 Council Member Jordan made a motion, seconded by Council Member Davis, that Resolution No. 3422-10-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15453 There was presented Mayor and Council Communication No. G-15453 from Ord. No. 17240- the City Manager recommending that the City Council accept donations to the 10-2006 Cowtown Brush Up Program totaling $25,256.00; and adopt an appropriation Accept Donations ordinance increasing estimated receipts and appropriations in the Special Trust to Cowtown Brush Fund in the amount of$8,643.00, as donations are received, for the purpose of Up Program funding the Housing Department's Cowtown Brush Up Program. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15453 be approved with appreciation and Appropriation Ordinance No. 17240-10-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15454 There was presented Mayor and Council Communication No. G-15454 from Adjust Salaries for the City Manager recommending that the City Council authorize a four (4) Substitute percent performance adjustment to the compensation of the Municipal Judges, Municipal Judges, Deputy Chief Judge and Chief Judge effective October 1, 2006. It is further Municipal Judges, recommended that the City Council authorize a 2.5 percent forecast pay Deputy Chief adjustment to the compensation of the Substitute Municipal Judges effective Judge and Chief October 1, 2006. Judge Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15454 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15455 There was presented Mayor and Council Communication No. G-15455 from Appoint Fire Chief the City Manager recommending that the City Council confirm the appointment in Interim of Deputy Chief Rudolph Jackson, Jr., as Fire Chief in an interim capacity Capacity effective at 5:01 p.m., October 20, 2006. Deputy Chief Jackson expressed appreciation to the Council, City Manager, and Assistant City Managers for their support and stated that it was an opportunity of a lifetime to serve as the Interim Fire Chief. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 14 of 22 Mayor Moncrief stated that the City was very fortunate to have someone of Chief Jackson's experience and caliber and wished him the very best from the Council. He also expressed appreciation to Acting Fire Chief Hugo Esparza for his service and wished him well in his new position as the City of Plano Fire Chief. Acting Fire Chief Esparza stated that one of the best things that ever happened to him was to be a firefighter for the City of Fort Worth and expressed appreciation for being selected to serve as Interim Fire Chief for the past three weeks. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15455 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15456 There was presented Mayor and Council Communication No. G-15456 from Ord. No. 17241- the City Manager recommending that the City Council adopt an ordinance 10-2006 appointing Raul A. Canez, Kim Marie Catalano, Larry K. Montgomery and Appoint Substitute Nancy Ellen Tyler as Substitute Municipal Judges for the unexpired portion of Municipal Judges a one-year term commencing October 17, 2006, and ending March 31, 2007, or for Unexpired until a successor is qualified and appointed in accordance with state law. Portion of One- Year Term Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15456 be approved and Ordinance No. 17241-10-2006 be adopted. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. Council Member Burdette acknowledged each of the judges who were present in the Council Chamber. G-15457 There was presented Mayor and Council Communication No. G-15457 from Confirm the City Manager recommending that the City Council confirm the appointment Appointment to of the following individual to the Disciplinary Appeals Board, for a three year Disciplinary term, expiring on October 1, 2009: Appeals Board Name Address Council District Linda(Nguyen)Garcia 11901 Blue Creek Road, Fort 3 Worth, TX 76008 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 15 of 22 Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15457 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15458 There was presented Mayor and Council Communication No. G-15458 from Res. No. 3423-10- the City Manager recommending that the City Council adopt a resolution 2006 amending the City's Tax Abatement Policy (Res. No. 3363-06-2006) governing Amend Tax subsequent tax abatement agreements. Abatement Policy Mr. Tom Higgins, Economic and Community Development Department Director, provided the Council with an explanation of the proposed amendment. He stated that the only changes being made to the policy were in the "Definitions" section. He added that under the "Minority/Women Business Enterprise (M/WBE)" section a classification of "Disadvantaged Business Enterprise (DBE)" was added as a number of the small companies that wanted to be considered for contracts in the City were DBEs. He stated that definition of a Fort Worth company was expanded and the definition on "Principle Office" was also added. He pointed out that these were improvements to the policy which did not affect the substance of the policy and that the changes were initiated by both of the minority Chambers of Commerce and the M/WBE Advisory Committee. Council Member Davis made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15458 be approved and Resolution No. 3423-10-2006 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15459 There was presented Mayor and Council Communication No. G-15459 from Initiate Zoning the City Manager recommending that the City Council authorize the City Changes for Manager to initiate certain zoning changes for annexation areas in the Far North Annexation Areas Sector from unzoned to "A-5" One-Family and "K" Heavy Industrial, in in Far North accordance with the Comprehensive Plan. Sector in Accordance with Council Member Espino made a motion, seconded by Council Member Davis, Comprehensive that Mayor and Council Communication No. G-15459 be approved. The Plan motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 16 of 22 G-15460 There was presented Mayor and Council Communication No. G-15460 from Continued for One the City Manager recommending that the City Council authorize the City Week Manager to initiate certain zoning changes for the Historic Carver Heights neighborhood from various to "A-5" One-Family, in accordance with the 2006 Comprehensive Plan. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15460 be continued for one week to the October 24, 2006, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15461 There was presented Mayor and Council Communication No. G-15461 from Approve the City Manager recommending that the City Council approve the applications Application for for partial approval of the Historic Site Tax Exemption for properties, as Partial Approval follows: of Historic Site Tax Exemption Owner Location A.D. Sparlin &Glenn Nolley 1646 South Adams Street Michael & Susan Hiett 1009 Hawthorne Avenue A.D. Sparlin &Glenn Nolley 1617 South Henderson Street Sandra Leigh Denke 1816 6th Avenue Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15461 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15462 There was presented Mayor and Council Communication No. G-15462 from Approve the City Manager recommending that the City Council approve the applications Application for for verification of the Historic Site Tax Exemption for properties, as follows: Verification of Historic Site Tax Owner Location Exemption Christopher Neher&M. Jackson 1629 South Henderson Street Melissa Jackson 1651 South Adams Street Paul Michael Kippes 1519 Washington Avenue Deanna Cook 1419 Lipscomb Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 17 of 22 Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15462 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15463 There was presented Mayor and Council Communication No. G-15463 from Name Art Area of the City Manager recommending that the City Council authorize the City Fort Worth Public Manager to name the art area at the Fort Worth Central Public Library the Betty Library the Betty and Hardy Sanders Art Study Area. and Hardy Sanders Art Study Council Member Davis made a motion, seconded by Council Member Espino, Area that Mayor and Council Communication No. G-15463 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Council Member Davis expressed appreciation to Gleniece Robinson, Library Director, and other members of Fort Worth Public Library Foundation for moving this forward. She added that Mr. and Mrs. Sanders were long supporters of the community and that it was an honor to have an area of the library named for them. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15464 consider a request for variance from Section 4-4 of the City Code to allow the Variance to Allow sale of alcoholic beverages at the Celaborelle Phoenician Buffet located at 2257 Sale of Alcoholic Hemphill Street. Mayor Moncrief opened the public hearing and asked if there Beverages at 2257 was anyone present desiring to be heard. Hemphill Street (AA06-00004) Mr. Bob Riley, Development Department Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15464, as follows: There was presented Mayor and Council Communication No. G-15464 from the City Manager recommending that the City Council consider the request from Mr. Youssef Hedary with Hedary Investments, Inc., for a variance from Section 4-4 of the City Code prohibiting the sale of alcoholic beverages within 300 feet of a school at the Celaborelle Phoenician Buffet located at 2257 Hemphill Street(AA06-00004). Council Member Davis stated that she had worked with the community on this variance and that the school was not opposed to the variance and that the Hemphill Corridor Task Force and surrounding neighborhoods were in support CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 18 of 22 of this issue. She pointed out that the restaurant had been on Hemphill for a number of years and was under good management and ownership. She added that it was a"bring your own bottle" establishment for quite some time and this was something that would help them increase their revenues. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-15464 be approved. The motion carried unanimously eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent. Mayor Pro tem Hicks requested to know the hours of operation. City staff advised they were not certain and Council Member Davis indicated that she thought it closed at 10:00 p.m. L-14258 There was presented Mayor and Council Communication No. L-14258 from the Ord. No. 17242- City Manager recommending that the City Council adopt an ordinance vacating 10-2006 and extinguishing a portion of unnamed street right-of-way approximately 50 Unnamed Street feet by 200 feet situated in the Jud Rowland Survey, Abstract No. 1355, City of Right-of-Way Fort Worth, Tarrant County, Texas, to provide for the development of the Vacation Clifford Retail Center; and waive the purchase fee of$42,686.34. (VA-06-021) City Attorney Yett stated that the ordinance needed to be amended to correct dimensions of the street from "200 feet" to "220 feet". Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14258 be approved and Ordinance No. 17242-10-2006 be adopted as amended. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-21765 There was presented Mayor and Council Communication No. C-21765 from the Imagination City Manager recommending that the City Council authorize the City Manager Celebration Fort to execute a contract in the amount of$50,000.00 with Imagination Celebration Worth Fort Worth for educational outreach programs. Mayor Pro tem Hicks advised the Council that she would abstain from voting on this issue as she served on the board for this organization. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 19 of 22 Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21765 be adopted. The motion carried seven (7) ayes to zero nays, with Mayor Pro tem Hicks abstaining and Council Member Wheatfall absent. C-21786 There was presented Mayor and Council Communication No. C-21786 from the Amend CSC No. City Manager recommending that the City Council authorize the City Manager 31847 - Safe City to execute a contract amendment to City Secretary Contract No. 31847 for Commission $235,195.00 with the Safe City Commission to extend the term of the agreement for FY 2006-2007 to continue operation of a community advocacy for crime prevention program. Mayor Moncrief advised the Council that he would abstain from voting on this issue as he served on the board for this organization. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-21786 be approved. The motion carried seven (7) ayes to zero (0) nays, with Mayor Moncrief abstaining and Council Member Wheatfall absent. C-21787 There was presented Mayor and Council Communication No. C-21787 from the Clear Channel City Manager recommending that the City Council authorize a sole source Outdoor purchase and execution of an agreement for outdoor advertising services from Clear Channel Outdoor for the Environmental Management Department with an amount not to exceed $51,900.00. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21787 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on September 26, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 20 of 22 ZC-06-234 It appeared that the City Council set today as the date for a Zoning Hearing for Ord. No. 17243- Zoning Docket No. ZC-06-234, Text Amendment for Board of Adjustment 10-2006 limitation of reapplication. Mayor Moncrief opened the public hearing and Approved asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the Text Amendment, Council Member Espino made a motion, seconded by Council Member Jordan, that the Zoning hearing be closed, Zoning Docket No. ZC-06- 234 be approved and the following ordinance be adopted: ORDINANCE NO. 17243-10-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND SECTION 3.406, "LIMITATION ON REAPPLICATION" OF ARTICLE 4, "VARIANCES" OF CHAPTER 3, "REVIEW PROCEDURES" TO CLARIFY WHEN THE TWENTY-FOUR MONTH DELAY PERIOD FOR NEW APPLICATIONS BEGINS WHEN A BOARD OF ADJUSTMENT DECISION IS APPEALED TO DISTRICT OR COUNTY COURT AND TO PLACE A LIMITATION ON THE ACCEPTANCE OF AN APPLICATION FOR A VARIANCE AFTER A DECISION OF THE DISTRICT OR COUNTY COURT UPHOLDING THE BOARD OF ADJUSTMENT RULING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. ZC-06-235 It appeared that the City Council set today as the date for a Zoning Hearing for Ord. No. 17244- Zoning Docket No. ZC-06-235, Text Amendment for Chapter 8 "Additional 10-2006 Enforcement". Mayor Moncrief opened the public hearing and asked if there Approved was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the Text Amendment, Council Member Jordan made a motion, seconded by Council Member Espino, that the Zoning hearing be closed, Zoning Docket No. ZC-06- 235 be approved and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17, 2006 PAGE 21 of 22 ORDINANCE NO. 17244-10-2006 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), TO AMEND CHAPTER 8, "ENFORCEMENT," TO ADD ADDITIONAL ENFORCEMENT, PENALTY AND REMEDIES LANGUAGE FROM THE TEXAS LOCAL GOVERNMENT CODE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Item XVI Mr. Joe Don Brandon, 1415 East Lancaster, appeared before Council relative to Citizen dropping tickets and warrants on court cases 120 days old. Mr. Brandon Presentations advised the Council of a ticket he was issued on September 21, 2005, and a Joe Don Brandon court date set for October 27, 2006. Mr. Brandon stated that the elapsed time was excessive and asked how the issuing Police Officer or witnesses could remember issuing a ticket over a year old. He suggested that tickets 120 days or older should be dropped if they could not be scheduled for a hearing within that timeframe. Mayor Moncrief asked Mr. Brandon to provide a copy of the ticket to Mayor Pro tem Hicks and himself. Mr. Brandon expressed concern with the temporary employment selection process at the Day Labor Center. Mayor Pro tem Hicks stated that she enjoyed seeing Mr. Brandon at the Hopefest event on October 14, 2006, at Sycamore Park. She added that it was a wonderful program and expressed appreciation to Reverend Cole, the Parks and Community Services Department, the Health Department and others for doing a great job to help the community. She further stated that she had met with Mr. Brandon on several issues and she recalled that during the budget process in August, several Council members raised the issue of the timespan between the time a ticket was issued and when it was scheduled for a hearing. She added that she was concerned with the length of time this process entailed and would appreciate to receive some information on this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 17,2006 PAGE 22 of 22 Agenda Item XVII It was the consensus of the City Council that they recess into Executive Session Executive Session at 10:50 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules, as authorized by Section 551.071 of the Texas Government Code: a) Love Terminal Partners, L.P., et al. v. The City of Dallas, Texas, et al., Cause No. 306-CV 1279-D; b) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 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 11:02 a.m. Agenda Item There being no further business, the meeting was adjourned at 11:02 a.m. XVIII Adjournment These minutes approved by the Fort Worth City Council on the 24th day of October, 2006. Attest: Approved: Marty He rix J. Michae oncrief City Secretary Mayor