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HomeMy WebLinkAbout2005/02/01-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 1, 2005 Date & Time On the 75t day of February, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 7:02 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present; Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Jim Lane was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Mayor Pro tempore Ralph McCloud. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Wheatfall, the minutes of the regular meeting of January 25, 2005,were approved unanimously. Special Mayor Pro tempore McCloud presented a Proclamation for Presentations Homelessness Awareness Day to Mr. Neale Mansfield, Executive Director of Feed by Grace and to Flora Brewer, Chairman of the Mayor's Committee on the Homeless. Mr. Mansfield Spoke before the Council on the issue that there were numerous service providers for the homelessness; however, there was no action plan to coordinate efforts and address the duplication of services provided. Mr. Mansfield advised of the work of the Homelessness Prevention Committee -to create the necessary action plan. He pointed out the creation of a park area to be located at 1401 E. Presidio, between the night shelter and the Union Gospel Mission. He explained that the park was the work of the Coalition for Unity in the Community and "Unity Park" would be dedicated on Homelessness Awareness Day. Mr. Mansfield requested that the Council support the adoption of an ordinance that would restrict the street feeding of the homeless to only certain designated areas, which would be the Unity Park area. (Council Member Lane assumed his chair at the dais.) Council Member Haskin presented a Proclamation for Wear Red for Women Day to Mr. Douglas Dunsavage, Public Advocacy Director for the Dallas/Fort Worth American Heart Association. Ms. Jennifer Sierra, representing the City's Wellness Committee, invited all City employees to a Go Red for Women Walk around City Hall on CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 1, 2005 PAGE 2 of 11 February 4, 2005 at 12:00 noon, and a Go Red for Women brown bag lunch on February 11, 2005 at 11.30 a.m. at the Fort Worth Public Health Center, 1800 University. Announcements Council Member Picht announced that on January 29, 2005, the Friends of the Public Library opened a bookstore in the Wedgewood Shopping area. He encouraged everyone to go by and visit the bookstore. He expressed appreciation to Assistant City Manager Libby Watson for attending the opening. Council Member Silcox announced that early voting for the Crime Control and Prevention District election ended at 7:00 p.m. today. He informed the audience that only one day was left to vote and that was February 5, 2005 and polls would be open from 7:00 a.m. to 7:00 p.m. He added that thus far, only one percent of the registered voters had voted and reminded everyone that this was a most important election that would generate over $40,000,000.00 over the next five years to fund crime-fighting efforts. Council Member Davis complimented Robert Goode, Transportation and Public Works (TIPW) Director and the TIPW staff for the installation of a sidewalk on Forest Park Boulevard along the park leading up to Park Hill. She stated that they now have a seamless connection between Berkley-Mistletoe Heights and the Park Hill neighborhoods and that she had received many favorable comments about the sidewalk since its installation. Council Member Haskin reminded everyone that the second meeting of the Woodhaven Redevelopment Committee would be held on February 2, 2005 at 6:00 p.m. at the East Regional Library. Council Member Lane stated that the sight of five longhorn cattle walking down Broadway in New York City on January 26, 2005 was incredible. He stated that there would be a presentation on February 17, 2005 to recognize everyone who was involved in planning the drive and complimented Mayor Moncrief and the cowboys on projecting a very favorable image of Fort Worth. He acknowledged the efforts of City Manager Boswell, the Convention and Visitors Bureau, and Parks and Community Services Department. Mayor Pro tempore McCloud announced that the Crime Control and Prevention District election would also fund after school programs in the City. He stated that these programs were one of the best crime fighting initiatives and encouraged everyone to go out and vote in support of the continuation of the CCPD. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 1, 2005 PAGE 3 of 11 Mayor Moncrief recognized Benjamin Boerner, son of Brian Boerner, Environmental Management Department Director, from Boy Scout Troop 1910, Mustang District, who was attending the Council meeting to earn his Citizenship in the Community badge. He also stated that he had received a letter from another Boy Scout who was also working on his Citizenship in the Community Badge that stated it would be a good idea if the Crime Control and Prevention District election passed. Mayor Moncrief also announced that a large donation box had been placed on the northside of City Hall to receive books as part of the City's half-price book program to benefit the Half Pint Library program. He encouraged City employees and residents to donate new or gently used books to this effort that would provide books to children being treated at Parkland Hospital, in Dallas and Cook Children's Medical Center in Fort Worth Withdrawn from There were no items removed from the consent agenda. Consent Agenda Continued/ City Manager Boswell requested that Mayor and Council Withdrawn By Communication Nos. G-14660 and C-20511 withdrawn. Staff (Council Member Lane stepped away from the dais.) Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda was adopted unanimously. Presentations by Council Member Silcox made a motion, seconded by Mayor Pro City Council tempore McCloud, that Marissa Berenson be appointed to the Appointments Youth Advisory Council effective February 1, 2005. The motion carried unanimously. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1464 There was presented Mayor and Council Communication No. OCS- Claims 1464 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14660 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-14660, dated January 25, 2005, Adoption of and Authorization to Implement Amendments to Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives, be withdrawn. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 1, 2005 PAGE 4 of 11 G-14662 There was presented Mayor and Council Communication No. G- Ord. #16276-01- 14662 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16276-01-2005 suspending implementation of Suspend Rate the rate adjustments proposed by Atmos Energy Corp., Mid-Tex Adjustments by Division, as reflected in the "Annual Gas Reliability Infrastructure Atmos Energy Rate Adjustment" filed by Atmos Energy Corp., Mid-Tex Division Corp. and Retain on December 17, 2004; authorizing the participation in a steering Consultants and committee of other cities analyzing similar rate adjustment flings Attorneys to by Atmos Energy Corp., Mid-Tex Division and the hiring of Study Propriety consultants and attorneys therewith; directing that Atmos Energy of Rate Corp., Mid-Tex Division reimburse the City for all such reasonable Adjustments expenses; adopting declarations and findings in the preamble and direct any administrative proceedings or litigation associated with the Interim Rate Adjustments filed with the City or with the Railroad Commission. It was the consensus of the City Council that the recommendation be adopted. G-14663 There was presented Mayor and Council Communication No. G- Res.#3162-01- 14663 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3162-01-2005 authorizing the City's Authorize intervention before the Railroad Commission of Texas, Gas Utility Intervention in Docket No. 9530 regarding the fling of a gas cost prudence review Atmos Energy by Atmos Energy Corporation, formerly TXU Gas Company, Corp. before designating a representative of the City to serve on a steering Railroad committee of intervening cities; and requiring reimbursement by Commission, Company of reasonable legal and consultant expenses. It was the Gas Utility consensus of the City Council that the recommendation be Docket No. 9530 adopted. G-14664 There was presented Mayor and Council Communication No. G-14664 Settlement of from the City Manager recommending that.the City Council authorize Lawsuit Styled the City Manager to approve the proposed settlement of the claims of City of Fort Mary M. Phiripes, Individually and as the representative of Steven G. Worth v. Phiripes, Deceased, the Steven G. Phiripes Estate Trust, Mary Modine Mary M. Phiripes, Kitchens Phiripes, and the surviving wife of Steven G. Phiripes, Individually and Deceased (Phiripes), in the condemnation lawsuit; authorize the as payment of $90,000.00 to the Phiripes consisting of $42,640.00 Representative previously deposited in the registry of the court and a check made of Steven G. payable for $47,360.00 to Mary M. Phiripes, Individually and as the Phiripes, representative of Steven G. Phiripes, Deceased, the Steven G. Phiripes Deceased, Estate Trust, Mary Modine Kitchens Phiripes, and the surviving wife of Tarrant County, Steven G. Phiripes, Deceased, and attorney, Douglas H. Conner; and Cause No. 2001- authorize the appropriate City representative to execute the 002794-2 documents necessary to complete the settlement It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 1, 2005 PAGE 6of11 G-14666 There was presented Mayor and Council Communication No. G-14665 Settlement of from the City Manager recommending that the City Council approve Lawsuit Styled the proposed settlement of the lawsuit arising from the claims by Tindall Tindall Properties, Ltd.; authorize the payment of$7,500.00 to Tindall Properties, Ltd. Properties, Ltd., with the check made payable to "Tindall Properties, v. City of Fort Ltd., and Law, Snakard & Gambill, P.C."; and authorize the Worth, Case No. appropriate City representative to execute the documents necessary 352-182062-00 to complete the settlement It was the consensus of the City Council that the recommendation be adopted. G-14666 There was presented Mayor and Council Communication No. G-14666 Ord. #16277-01- from the City Manager recommending that the City Council adopt 2005 Appropriation Ordinance No. 16277-01-2005 increasing estimated Ord. #16278-01- receipts and appropriations in the Capital Projects Reserve Fund in the 2005 amount of$195,000.00 from available funds for the purpose of funding Transfer Funds a transfer to the General Fund; authorize the transfer of $195,000.00 for HVAC from the Capital Projects Reserve Fund to the General Fund; adopt Improvements, Supplemental Appropriation Ordinance No. 16278-01-2005 increasing Ceiling and estimated receipts and appropriations in the General Fund in the Lighting amount of$195,000.00 from available funds, for the purpose of funding Improvements HVAC, ceiling, and lighting improvements and roof replacement at and Roof various City facilities; and approve the use of up to $195,000.00 for Replacement at HVAC improvements, ceiling and lighting improvements and roof Various City replacement at various City facilities. It was the consensus of the City Facilities Council that the recommendation be adopted. G-14667 There was presented Mayor and Council Communication No. G- Regional 14667 from the City Manager recommending that the City Council Integrated Storm authorize participation in the regional Integrated Storm Water Water Management program for FY 2004-2005 at a cost not to exceed Management $28,838.00. It was the consensus of the City Council that the Program FY recommendation be adopted. 2004-2005 G-14668 There was presented Mayor and Council Communication No. G- Condemn 14668 from the City Manager recommending that the City Council Permanent Sewer declare the necessity of taking an interest in a portion of a parcel Line Easement, of land owned by NMR Properties, Inc., part of the A. Stinson Temporary Survey, Abstract 1413, Tarrant County, Texas, which is required to Construction establish one permanent sanitary sewer easement, one temporary Easement and construction easement and a temporary right of entry; and Temporary Right authorize the City Attorney to institute condemnation proceedings of Entry for Land to acquire an interest in the land. It was the consensus of the City Owned by NMR Council that the recommendation be adopted. Properties, Inc. (DOE 3569) CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 1, 2005 PAGE 6 of 11 G-14669 There was presented Mayor and Council Communication No. G- Appoint 14669.from the City Manager recommending that the City Council Richard Skipper authorize the City Manager to appoint Mr. Richard Skipper to Place and Alan 10 and Mr. Alan Katchinska to Place 12 of the City's Construction Katchinska to and Fire Prevention Board of Appeals effective February 1, 2005 City's and with terms expiring October 1, 2006. Council Member Davis Construction made a motion, seconded by Mayor Pro tempore McCloud, that the and Fire recommendation be adopted. The motion carried unanimously. Prevention Board of Appeals G-14670 There was presented Mayor and Council Communication No. G- Extend Injury 14670 from the City Manager recommending that the City Council Leave-of- approve an extension of injury leave-of-absence pay benefits for Absence Pay Police Officer Carl Pollack. Council Member Silcox made a motion, Benefits for seconded by Council Member Stevenson, that the recommendation Police Officer be adopted. The motion carried unanimously. Carl Pollack P-1 0082 There was presented Mayor and Council Communication No. P- Two-Part Epoxy 10082 from the City Manager recommending that the City Council Adhesive authorize a purchase agreement for two-part epoxy adhesive with Roadrunner Traffic Supply, Incorporated, for the Transportation and Public Works Department based on best value with 30 day payment terms; authorize this agreement to begin February 1, 2005 and expire January 31, 2006, with options to renew for two additional one-year periods; and authorize the City Manager to execute Interlocal. Agreements allowing other public entities to participate in this bid award in accordance with the Texas Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". It was the consensus of the City Council that the recommendation be adopted. P-10083 There was presented Mayor and Council Communication No. P- Preformed 10083 from the City Manager recommending that the City Council Traffic Markers authorize a purchase agreement for preformed traffic markers with 3M Company (Items 1, 3, 5-17, &19), Centerline Supply, LTD (items 39 & 40), and items not to be awarded (2, 4, 18, 20-38), based on low bids meeting specifications with payment due in 30 days and freight included in unit prices; and authorize this agreement to begin February 1, 2005 and expire January 31, 2006, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 1, 2005 PAGE 7 of 11 P-10084 There was presented Mayor and Council Communication No. P- Vehicle 10084 from the City Manager recommending that the City Council Detection authorize a purchase agreement for vehicle detection systems with Systems Texas Highway Products, Ltd., for the Transportation and Public Works Department using the Texas Building and Procurement Commission Contract; and authorize this agreement to begin February 1, 2005 and expire October 21, 2005, with options to renew for one additional one-year period. It was the consensus of the City Council that the recommendation be.adopted. P-10085 There was presented Mayor and Council Communication No. P- Trash Can 10085 from the City Manager recommending that the City Council Liners authorize a one-time purchase for trash can liners through the Texas Procurement Center for the Parks and Community Services and Public Events Departments based on best value with payment due upon receipt of invoice for a total cost not to exceed $31,713.00. It was the consensus of the City Council that the recommendation be adopted. P-10086 There was presented Mayor and Council Communication No. P- Digital 10086 from the City Manager recommending that the City Council Microwave authorize the City Manager to enter into a purchase agreement with Radio Alcatel Wireless Transmission Division for digital microwave radio Communications communications equipment for the new Western Communications Equipment Tower for the Information Technology Solutions Department at a cost not to exceed $744,806.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2568 There was presented Mayor and Council Communication No. PZ- Ord. #16279-01- 2568 from the City Manager recommending that the City Council 2005 adopt Ordinance. No. 16279-01-2005 vacating and extinguishing a Vacate Portion portion of an alley located between Lots 7 through 12 and Lots 13 of Alley Located through 18, Block 196 of Rosen Heights, Second Filing, Fort Worth, in Block 196 of Tarrant County, Texas, it ordained by the City Council of the City of Rosen Heights, Fort Worth, Texas. It was the consensus of the City Council that Second Filing the recommendation be adopted. C-20504 There was presented Mayor and Council Communication No. C- Jack Weimer 20504, dated January 25, 2005, from the City Manager recommending and Mark that the City Council authorize the City Manager to enter into a Tax Weimer— Abatement Agreement with Jack and Mark Weimer for the property Denied located at 3127 Waits Avenue in the Berry/University Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives; find that the statements set CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 1, 2005 PAGE 8of11 forth in the Tax Abatement Agreement with .lack and Mark Weimer are true and correct; and approve a five-year Municipal Property Tax Abatement for a property located at 3127 Waits Avenue in the Berry/University NEZ owned by.lack and Mark Weimer. Natalie Weimer Ms. Natalie Weimer, 204 Arbor Lane, Haslet, Texas, appeared before Council in support of the Tax Abatement Agreement, She stated that the City had approved the application for this structure and that based on that approval the previous structure had been demolished. She added that she and her husband had met with Council Member Davis to discuss the possibility of the duplex having rear entry garages. Ms. Weimer stated that the rear entry garages were not economically feasible and that it would delay the construction by having to have the plans redrawn. She asked that Council approve the Tax Abatement with the front entry garages. (Council Member Lane returned to his chair at the dais.) Council Member Davis acknowledged that Ms. Weimer and her husband were committed to investing in the BerrylUniversity Empowerment Zone. She stated that she could not support this Tax Abatement with front entry garages as the City would initiate an ordinance in the near future that would prevent this type of structure design from being used in the future. Council Member Davis made a motion, seconded by Council Member Wheatfall, that the recommendation be denied. The motion carried unanimously. C-20505 There was presented Mayor and Council Communication No. C- BSG Pipeline, 20505 from the City Manager recommending that the City Council Ltd. authorize the City Manager to execute a Public Right-of-Way Use Agreement with BSG Pipeline, Ltd. (BSG), that grants BSG a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. C-20506 There was presented Mayor and Council Communication No. C- CPS Executive 20506 from the City Manager recommending that the City Council Search authorize the City Manager to execute a contract with CPS Executive Search for executive search consultant services for the recruitment and selection of a Director of the Water Department, for an amount not to exceed $19,000.00 for professional services and $10,000.00 for related expenses. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 1, 2005 PAGE 9 of 11 C-20507 There was presented Mayor and Council Communication No. C- Burlington 20507 from the City Manager recommending that the City Council Northern and authorize the City Manager to enter into a pipeline license Santa Fe agreement with the Burlington Northern and Santa Fe Railway Railway Company for Water and Sanitary Sewer Main Replacement Company Contract 2002 STM-O (DOE 3991), for a one-time total cost of $3,500.00, which includes a $1,000.00 charge for participation in the licensor's blanket insurance policy. It was the consensus of the City Council that the recommendation be adopted. C-20508 There was presented Mayor and Council Communication No. C- Conatser 20508 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Conatser Inc. Construction, Inc., in the amount of $1,320,049.00 for water and sanitary sewer line extension for Broadmoor Addition, Unit 1 (Sections A and B) and Unit 2. It was the consensus of the City Council that the recommendation be adopted. C-20509 There was presented Mayor. and Council Communication No. C- Amendment#1 20509 from the City Manager recommending that the City Council to CSC #30629, authorize the City Manager to execute an amendment to City Texas Secretary Contract Number 30629 with the Texas Commission on Commission on Environmental Quality for the operation of Local Air Pollution Environmental Monitors extending the contract term from September 22, 2004 to Quality December 31, 2005. It was the consensus of the City Council that the recommendation be adopted. C-20510 There was presented Mayor and Council Communication No. C- Amendment to 20510 from the City Manager recommending that the City Council CSC #28384 & authorize the City Manager to amend City Secretary' Contract No. Cancel CSC 28384, a Hangar Lease Agreement with Trajen Flight Support, for #28390, Trajen Hangar 11-N at Fort Worth Meacham International Airport; and Flight Support cancel City Secretary Contract No. 28390, a Ground Lease Agreement with Trajen Flight Support, for 12-N and 14-N at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-20511 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20511, Adopt Appropriation Ordinances to Fund the FY 2004-2005 Street Maintenance Program and Authorize Execution of Contract to Vegetation Management Specialist, Inc., for the 2006 Herbicide Treatment Program (2005-1), be withdrawn. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 1, 2005 PAGE 10 of 11 C-20512 There was presented Mayor and Council Communication No. C- Parents of Bear 20512 from the City Manager recommending that the City Council Creek BMX authorize the City Manager to enter into a License Agreement with Association Parents of Bear Creek BMX Association for use of a portion of Pecan Valley Park formerly known as Derby Downs. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. ZC-04-298 It appeared that the City Council, at its meeting of January 18, 2005, Continued Until continued the hearing of the application of Bill J. Markham for a March 1, 2005 change in zoning of property located at 3613 Thompson Road; from "PD-427" Planned Development to "I" Light Industrial, Zoning Docket No. ZC-04-298. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Bill J. Markham, Council Member Lane made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed and. that Zoning Docket No. ZC-04-298 be continued until March 1, 2005 to allow the neighborhood to have a meeting with the applicant to resolve their concerns and to see if a compromise could be reached. The motion carried unanimously. Bob Riley, Development Department Director, stated that the meeting would be conducted February 3, 2005 at 4;00 p.m. in the Development Department conference room. Citizen Mr. Toby Rose, 1927 Hemphill, representing - Haven of Rest Presentations Ministries, appeared before Council and briefed them on their Toby Rose ministry to provide transitional living for the homeless. Mandy Roper Ms. Mandy Roper, 16169 Cowboy Trail, Justin, Texas, appeared before Council relative to poor emergency response times from the Police and Fire Departments and the ambulance service. Mayor Moncrief asked Ms. Roper to meet with City Manager Boswell and City staff after the Council meeting to resolve her concerns. Grandolyn Ms. Grandolyn Sharpe, temporarily living at 4128 Donnelly, Sharpe appeared before Council relative to obtaining assistance on how to inform the public of the dishonest business practices of two contractors she hire_ d for renovation to her home. She stated that she owned a home at 3809 Hardeman and had hired and fired the two contractors due to their failure to complete the work. She CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 1, 2005 PAGE 11 of 11 summarized her experience with both contractors and requested Council's assistance on how to inform other citizens on their performance and practices so that others are not subjected to their poor business practices. City Manager Yett stated that he would meet with Ms. Sharpe after the meeting and provide information on what agencies she could contact relative to this issue. Council Member Wheatall asked if City staff could also place a fact sheet on the City's website that reflected what agencies citizens could contact who had similar concerns. City Attorney Yett stated that he would get the information posted to the website. Adjournment There being no further business, the meeting was adjourned at 8:00 p.m. These minutes approved by the Fort Worth City Council on the 8t' day of February, 2005. Attest: Approved: k-�LibEn aAJ Marty Hendri Mic ael J. ncrief City Secretary Mayor