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HomeMy WebLinkAbout2005/02/17-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 Date & Time On the 17th day of February, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 10: 14 a.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 Jim Lane, 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, With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Robert Heimsoth, Trinity Lutheran Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Stevenson, the minutes of the regular meeting of February 8, 2006,were approved unanimously. Special Mayor Moncrief expressed appreciation to everyone who Presentations participated in the success of "The Big Drive of 2005". He explained this unique marketing event was held in Times Square in New York City where the Fort Worth Herd and Wranglers were along side two NASCAR cars that race at the Texas Motor Speedway, along with drivers. A marketing video produced by the Fort Worth Convention and Visitor's Bureau was presented for viewing by the audience. Kristen Liggett, Trail Boss for the Fort Worth Herd, introduced Ramiro Ochoa, Wrangler (part-time Drover), Jim Miller, (Drover), Doug Holt, Wrangler (part-time Drover), and Harold Abram, (Drover), members of the herd that participated in the drive, as well as members who remained in Fort Worth to continue operations, Brenda Taylor (Drover), Tommy Bishop (Wrangler), Mike Paparo, (Wrangler), Nate Vance, (Wrangler), Leonard Williams (Wrangler). CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 2 of 20 Douglas Harmon, Executive Director of the Fort Worth Visitors and Convention Bureau, introduced the following individuals who organized and assisted with the success of this event: John Dial, Acting District Superintendent for Parks Debra Rose, Senior Administrative Assistant Ronnie Horton, Public Education Specialist Segi Desta, Vice President and Chief Operation Officer Greg Staley, Director of Marketing Communication Troy Myatt, Art Director Mayor Moncrief also recognized Equine Express - Pilot Point Company that hauled the livestock from Texas to New York and thanked the owners Mr. and Mrs. Joe McGee. He further expressed appreciation to the drivers, who were unable to attend, Wayne Blagg and Justin Bowen. Mayor Moncrief expressed his appreciation to Eddie Gossage and Bruton Smith at Texas Motor Speedway and requested that Tom Krampitz, Director of Government Relations and General Counsel, take back this message of heartfelt gratitude also to the racers who accompanied the City of Fort Worth representatives in New York. He also introduced and expressed appreciation to Lanny Lancarte, Jr., Grant Poston, and Allen Crumley of Joe T. Garcia's Restaurant and Jason George and Lowell Brown of Angelo's Barbecue who accompanied them to New York. Council Members Picht and Lane presented a Proclamation for U.S. Marine Corps Battle of Iwo Jima Veterans Day to United States Marine Corps (USMC) World War 11 veteran A. L. McCluney and six USMC WWII veterans. (Council Member Lane stepped away from the dais.) Council Member Picht presented a Proclamation for Engineer's Week. (Council Member Lane returned to his chair at the dais.) Council Member Davis presented a Proclamation for Entrepreneur Month to Dorothy Wing, Economic Diversification Division Manager, on behalf of Catherine Simpson Executive Director of the Women's Business Center, and Arleen Llewellyn, Certified Financial Planner with Northwestern Mutual Financial Network. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 3 of 20 Announcements Council Member Picht stated that he had received an e-mail from one of his constituent's who supported the tax benefit for Cabela's. He added that the person was upset because he had received a Cabela's catalog that reflected it was the Dallas/Fort Worth store and that Dallas had not provided any tax benefits to Cabela's. Mayor Moncrief stated that he was aware of the catalog and that Cabela's acknowledged the reference and stated it was a marketing error. He further stated that the reference had been corrected. Council Member Silcox responded to a .February 12, 2005 Fort Worth Star-Telegram article entitled "Worth the Price". He stated that the-article reflected incorrect information relative to how the election costs for the Crime Control and Prevention District tax could have been used for other City projects. He added that it could not be used to fund playground equipment, books for the library, or to construct sidewalks as these were funded though the City's general fund allowance, not the crime tax. He added that the City could have saved approximately half of the cost of the election if the February 5, 2005 election would have been held in conjunction with the Council election on May 7, 2005; however, Council did not want to take the chance of the crime tax not passing at that time and thought it was best to hold a separate . election. He expressed disappointment at the poor voter turnout of 11,012 voters being that there were over 296,000 registered voters in a City of almost 600,000 people. Mayor Moncrief stated that although it was a small voter turnout, it was nonetheless a strong sentiment for approval. Council Member Lane expressed appreciation to Police Chief Ralph Mendoza, Detective Dean, Officer Salinas, the men and women of the Fort Worth Police Department, Tim Curry, and the Sheriff's Department for trying to put a closure to the shootings at his and Janet's house. He asked they keep in mind how comforting it is to victims of crime that they be kept informed of what is being done to resolve the crime. 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 No. C-20530 and Zoning Docket No. ZC-05-021 and Staff Site Plan No. SP-05-005 be continued until February 22, 2005. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 4 of 20 City Attorney Yett requested that Item X (4) be withdrawn. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Stevenson, the consent agenda was adopted unanimously. Presentations by Council Member Lane made a motion, seconded by Council City Council Member Wheatfall, that Angela Herron be appointed to the Youth Appointments Advisory Council effective February 17, 2005. The motion carried unanimously. Res. #3166-02- There was presented Resolution No. 3166-02-2005 supporting the 2005 campaign to restore the Children's Health Insurance Program Support (CHIP). Council Member Davis made a motion, seconded by Mayor Campaign to Pro tempore McCloud, that the resolution be adopted. The motion Restore CHIP carried unanimously. Mayor Moncrief stated that as of February 2005, Tarrant County had a population of 27,901 children and that 19,504 children were enrolled in this program. Mayor Pro tempore McCloud encouraged everyone to contact their legislator and urge them to restore this important program. Res. #3167-02- There was presented Resolution No. 3167-02-2005 supporting the 2005 Keller Independent School District's (KISD) 2005 School Bond Support KISD Election. Council Member Wheatfall made a motion, seconded by 2005 Bond Council Member Haskin, that the resolution be adopted. The Election motion carried unanimously. Ratify Lawsuit It was the consensus of the City Council that the resolution for Against North ratification of the City's lawsuit against North Western Excavation Western & Dirt Landfill L.L.P., et al Pursuant to Chapter 54 of the Texas Excavation & Local Government Code, be withdrawn. Dirt Landfill L.L.P. Withdrawn Support Bill to There was presented a resolution supporting a Bill to be enacted Repeal Section by the Texas State Legislature Repealing Section 143.3015 of the 143.3015, Texas Texas Local Government Code and amending the current language Local of Section 143.311 of the Texas Local Government Code. Council Government Member Lane made a motion, seconded by Mayor Pro tempore Code McCloud that the resolution be withdrawn. Withdrawn CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 5 of 20 Council Member Silcox requested that the City Manager prepare a resolution for Council's consideration at the February 22, 2005 Council meeting, to place the "meet and confer" provision on the ballot for the May 7, 2005 election. Reconsider Council Member Haskin stated that she was requesting Zoning Case ZC- reconsideration of this case as she had been advised by the 04-302 and Set Development Department that there had been a failure to notify the Special Hearing neighborhood of the zoning request. She made a motion, for March 8, 2005 seconded by Council Member Davis, that Zoning Case ZC-04-302 (Texas National Theaters, 3715 NE 28th Street) be reconsidered and that the case be set for a Special Hearing Date of March 8, 2005. The motion carried unanimously. Committee Council Member Davis provided clarification of an article that Presentations appeared in the Fort Worth Star-Telegram entitled "Step Away from the Trough." She stated that the Central City Revitalization and Economic Development Committee had voted to forward the issue regarding Texas Motor Speedway for the collection of sales & bed taxes for the weekend of the race to the full Council for consideration, with the caveat that additional information be provided relative to the net cost of the race. Assistant City Manager Dale Fisseler stated that an agenda item would be prepared for executive session February 22, 2005 and that an M&C would follow the next week, with a discussion item for Pre-Council Work Session. OCS-1466 There was presented Mayor and Council Communication No. OCS- Claims 1466 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. OCS-1467 There was presented Mayor and Council Communication No. OCS- Res. #3168-02- 1467 from the Office of the City Secretary recommending that the 2005 City Council adopt Resolution No. 3168-02-2005 setting the regular Setting Regular zoning hearing for March 8, 2005. Council Member Davis made a Zoning Hearing motion, seconded by Council Member Silcox, that the resolution be adopted. The motion carried unanimously. (Council Member Picht stepped away from the dais.) CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 6 of 20 G-14679 There was presented Mayor and Council Communication No. G- Continued Until 14679, dated February 8, 2005, from the City Manager February 22, recommending that the City Council declare the necessity of taking 2005 an interest in one temporary access and construction easement across a portion of Lots 1, 2 and 3, Block 17, Texas & Pacific Railway Company's Addition, Tarrant County, Texas, near the Central Business District and owned by Cleopatra Investments, Ltd., (DOE 4007); and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. Council Member Davis advised Council that she was in receipt of a letter from Ola Assem, owner of the T&P warehouse structure that this applied to. She stated that she had two concerns. (1) that the easement does not have a defined date stated within and it puts forth challenges for her receiving a loan as a result of that opened- ended easement; (2) she was concerned about protection for any damages caused to her property as a result of the contractor being on her property during that time period while the easement was in place. Council Member Davis asked that the Law Department work with Ms. Assem to resolve her concerns. Council Member Davis noted that the City was paying $39,000.00 to temporarily condemn and use of a portion of Ms. Assem's property for the purpose of the construction related to the Lancaster Corridor improvements. She advised Council that this issue would be brought before the Central City Revitalization and Economic Development Committee for the consideration of a proposed public/private partnership for the revitalization of the building. Council Member Davis made- a motion, seconded by Council Member Silcox, that the recommendation be continued until February 22, 2006. The motion carried unanimously. G-14680 There was presented Mayor and Council Communication No. G- Reduce Pet 14650 from the City Manager recommending that the City Council Registration Tag continue support of annual low cost rabies vaccination clinics in Fee for Low Cost Community Development Block Grant target areas and other low- Rabies income areas of the City by reducing the Public Health Vaccination Department's pet registration tag fee during FY 2004-2005 from Clinics $7.00 to $4.00 at these vaccination clinics. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 7 of 20 G-14681 There was presented Mayor and Council Communication No. G- Ord. #16292-02- 14681 from the City Manager recommending that the City Council 2005 Receipt of adopt Appropriation Ordinance No. 16292-02-2005 increasing Section 108 estimated receipts and appropriations in the Grants Fund in the Loan for Evans amount of$7,500,000.00, subject to receipt of the Section 108 Loan Avenue/ Guarantee from the U.S. Department of Housing and Urban Rosedale St. Development (HUD), for the purpose of funding the Evans Avenue/ Business and Rosedale Street Business and Cultural District Project; authorize Cultural District the City Manager to enter into a contract with HUD for the receipt Project& Enter and payment of the Section 108 Loan; and authorize a non-interest into a Contract bearing inter-fund loan from the General Fund to the Grants Fund with HUD in the amount of $1,500,000.00 for interim financing of this grant project pending contract .execution. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. (Council Member Picht returned to his chair at the dais.) G-14682 There was presented Mayor and Council Communication No. G- Ord. #16293-02- 14682 from the City Manager recommending that the City Council 2005 adopt Supplemental Appropriation Ordinance No. 16293-02-2005 Fiscal Year increasing appropriations by the indicated amounts in the 2004-2005 for indicated funds for encumbrance rollovers and designated Rollover expenditures: Encumbrances and Designated C General Fund by $1,832,978.00 and decreasing the Expenditures unreserved, undesignated fund balance by the same amount; 2. Crime Control and Prevention District Fund by $1,788,378.00 and decreasing the unreserved, designated fund balance by the same amount; 3. Water and Sewer Fund by $310,219.00 and decreasing the unreserved, undesignated retained earnings by the same amount; 4. Solid Waste Fund by $258,197.00 and decreasing the unreserved, undesignated retained earnings by the same amount; and 5. Property and Casualty Insurance Fund by $200,000.00 and decreasing the unreserved, undesignated retained earnings by the same amount. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 8 of 20 Council Member Lane made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously. G-1 4683 There was presented Mayor and Council Communication No. G- Extend Injury 14683 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 James Nickel. Mayor Pro tempore McCloud made a Benefits for motion, seconded by Council Member Lane, that the Police Officer recommendation be adopted. The motion carried unanimously. James Nickel G-14684 There was presented Mayor and Council Communication No. G- Ord. #16294-02- 14684 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16294-02-2005 authorizing the issuance and Sale of City of sale of $7,700,000.00 City of Fort Worth, Texas, Water and Sewer Fort Worth System Subordinate Lien Revenue Bonds, Series 2005 to the Texas Water and Sewer Water Development Board. System Subordinate City Manager Boswell stated that the M&C needed to be amended Lien Revenue as follows: Bonds, Series 2005 In the Title and Recommendation portion of the M&C, change the dollar amount from "$7,700,000.00" to "$7,890,000.00". Add the following sentence at the end of the Recommendation paragraph, "$190,000.00 of this amount will be used for the cost of issuance of the revenue bonds." Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted as amended. The motion carried unanimously. P-10088 There was presented Mayor and Council Communication No. P- Mowing 10088 from the City Manager recommending that the City Council: Services 1. Authorize purchase agreements to provide mowing services with multiple vendors for the Parks and Community Services Department and other City departments based on the low bid by sections as follows, with payments due 30 days upon the receipt of invoice; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 9 of 20 Vendors Sections Total Annual Cost Harris Lawn Care 7021.3/Central Business District $ 20,675.00 Whitmore&Sons,Inc. 7031.21South District Medians $143,860.00 Whitmore&Sons,Inc. 7021.4/Water Treatment Plants $ 79,280.00 Scott Landscape Maintenance,Inc. 807015outhwest Regions/Centers $ 39,560.00 Millennium Lawn Service 8021/North District Blvd./Medians $111,576.00 Lawn Patrol Service,Inc. 8021.1/North District Parks $ 71,000.00 Scott Landscape Maintenance,Inc. 8021.4/Water Dept.&Police $ 28,670.00 Whitmore&Sons,Inc. 8031/East District Medians/Water $ 99,440.00 Avanti Landscape Management FE701Lake Worth R©W's/Water $ 34,900.00 Qualityscape,Inc. FE7011-ake Worth Properties $ 2,600.00 Rightway Lawn Maintenance Water Dept./Village Creek $ 82,520.00 2. Authorize these agreements to begin on February 17, 2005 and expire February 16, 2006, with options to renew for two additional one-year periods: It was the consensus of the City Council that the recommendation be adopted. P-10089 There was presented Mayor and Council Communication No. P- Mowing and 10089 from the City Manager recommending that the City Council Grounds authorize a purchase agreement to provide mowing and grounds Maintenance maintenance at the 130-135 corridor with Avanti Landscape Management, Incorporated, for the Parks and Community Services Department based on overall low bid of project areas received, with payments due 30 days from date of invoice; and authorize this agreement to begin on February 17, 2005 and expire February 16, 2006, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10090 There was presented Mayor and Council Communication No. P- Automated Solid 10090 from the City Manager recommending that the City Council Phased authorize the sole source purchase of six fully automated solid Extractors phased extractors from Horizon Technology, Inc., for the Water Department for an amount not to exceed $58,473.00. The shipping cost will be prepaid and added to the invoice with payments due 30 days after date of invoice. It was the consensus of the City Council that the recommendation be adopted. P-10091 There was presented Mayor and Council Communication No. P- Bacteriological 10091 from the City Manager recommending that the City Council Supplies authorize a purchase agreement with ldexx Distribution Corporation to provide bacteriological supplies for the Water CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 10 of 20 Department on the basis of documented sole source. The shipping cost will be prepaid and added to the invoice, with payment due 30 days from the date of invoice; and authorize this agreement to begin February 17, 2005 and expire February 16, 2006, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10092 There was presented Mayor and Council Communication No. P- Printer Toner 10092 from the City Manager recommending that the City Council Cartridges authorize a purchase agreement for printer toner cartridges with Computer Express for the City of Fort Worth based on low bid meeting specifications with payment due 30 days after receipt of invoice and freight included in unit price; and authorize this agreement to begin February 22, 2005 and expire February 21, 2006, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-14030 There was presented Mayor and Council Communication No. L- Land Dedication 14030 from the City Manager recommending that the City Council Agreement authorize the City Manager to execute an amendment to the Land Dedication Agreement with Hillwood Development Corporation that will change the site to be dedicated by Hillwood for the location of the new Fire Station 38. It was the consensus of the City Council that the recommendation be adopted. L-14031 There was presented Mayor and Council Communication No. L- Acquisition of a 14031 from the City Manager recommending that the City Council Single Family authorize the acquisition of one single family residential property Residential located at 3409 Chestnut Avenue on the West Side of Fort Worth Property Meacham International Airport Noise Mitigation Program (DOE Located at 3409 3932); find that the price offered in the total amount of$28,500.00 is Chestnut just compensation for the acquisition of the property plus an Avenue estimated real estate tax pro-rated amount not to exceed $900.00 for a total cost of $29,400.00; and authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-14032 There was presented Mayor and Council Communication No. L- Three 14032 from the City Manager recommending that the City Council Permanent accept three permanent avigation easements described as 3019 Avigation Lee Avenue, Lot 10, Block 77, M.G. Ellis Addition, Tarrant County, Easements Texas from Linda L. Atkins, 3102 Prospect Avenue, Lot 25, Block 94, M.G. Ellis Addition, Tarrant County, Texas, from Ezequiel CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 11 of 20 Valdez, and 2906 Refugio Avenue, Lot 21, Block 73, M.G. Ellis Addition, Tarrant County, Texas, from Carlos and Anna Lopez located over three tax-foreclosed properties south of Fort Worth Meacham International Airport (DOE 920) for a total cost of $3.00; and authorize acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-14033 There was presented Mayor and Council Communication No. L- Detention Pond 14033 from the City Manager recommending that the City Council Maintenance accept one Detention Pond Maintenance Agreement described as Agreement part of Lot 1, Block 1, Pharr Plaza, Tarrant County, Texas from Penske Truck Leasing for property located west of I-35 and north of Belknap Street (DOE 4324), to provide the sump storage reclaimed by grading the site for the building and parking lot, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-14034 There was presented Mayor and Council Communication No. L- Sale of Tax- 14034 from the City Manager recommending that the City Council Foreclosed authorize the sale of two surplus tax-foreclosed properties to Properties to United Riverside Rebuilding Corporation, Inc., in accordance with United Riverside Ordinance No. 13533; and authorize the City Manager to execute Rebuilding the appropriate deeds conveying the property to United Riverside Corporation, Inc. Rebuilding Corporation, Inc., and record the deeds. It was the consensus of the City Council that the recommendation be adopted. L-14035 There was presented Mayor and Council Communication No. L- Permanent 14035 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as portion of the David Strickland Survey, Abstract No. 1376, Tarrant County, Texas, from Waterview Estates, L.P., for property located east of Loop 820 east and south of David Strickland Road in Southeast Fort Worth (DOE 4472), necessary for the construction, operation, maintenance and repair of sewer facilities to serve the Waterfront at Enchanted Bay, Phase 1 project for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 12 of 20 PZ-2569 There was presented Mayor and Council Communication No. PZ- Ord. #16295-02- 2569 from the City Manager recommending that the City Council 12005 Ordinance No. 16295-02-2005 vacating and extinguishing an alley Vacate Alley, between Lot 15-R, Block 20, Chamberlin Arlington Heights Chamberlin Addition, and Lots 1-6, Block 3, Hill-Crest Addition, Fort Worth, Arlington Tarrant County, Texas, from a point at Bryce Avenue to a point at Heights Addition Camp Bowie Boulevard (VA-04-043). Council Member Stevenson (VA-04-043) made a motion, seconded by Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously. C-20520 There was presented Mayor and Council Communication No. C- Conatser 20520 from the City Manager recommending that the City Council Construction, authorize the City Manager to rescind the award of contract to TX, LP Conatser 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; and to execute a contract with Conatser Construction, TX, LP, 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-20521 There was presented Mayor and Council Communication No. C- McMahon 20521 from the City Manager recommending that the City Council Contracting, L.P. authorize the City Manager to execute a contract with McMahon Contracting, L.P., in the amount of $1,958,476.15 for the reconstruction of Camp Bowie Boulevard from 1-30 to Eldridge Street. It was the consensus of the City Council that the recommendation be adopted. C-20522 There was presented Mayor and Council Communication No. C- Ord. #16296-02- 20522 from the City Manager recommending that the City Council 2005 authorize the transfer of $1,311,799.00 from the Water & Sewer Conatser Operating Fund to the Water Capital Project Fund in the amount of Construction TX, $55,940.00 and Sewer Capital Project Fund in the amount of LP $1,255,859.00; adopt Appropriation Ordinance No. 16296-02-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $55,940.00 and the Sewer Capital Project Fund in the amount of $1,255,859.00 from available funds for the purpose of funding a contract with Conatser Construction TX, LP, for Sanitary Sewer Rehabilitation Contract LXVII (67), and authorize the City Manager to execute a contract with Conatser Construction TX, LP in the amount of $1,189,799.00 for Sanitary Sewer Rehabilitation Contract LXVII (67), Part 1. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 13 of 20 C-20523 There was presented Mayor and Council Communication No. C- McClendon 20523 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a contract with McClendon Company, Inc. Construction Company, Inc., in the amount of $681,926.60 for pavement reconstruction and water main replacements on Peak Street (City Project 00055) from Neal Street to Irion Street. It was the. consensus of the City Council that the recommendation be adopted. C-20524 There was presented Mayor and Council Communication No. C- Change Order#1 20524 from the City Manager recommending that the City Council to CSC #30004 authorize the City Manager to execute Change Order No. 1 to City with Stabile and Secretary Contract No. 30004 with Stabile and Winn, Inc., in the Winn, Inc. amount of $59,677.77 and an additional 30 working days for pavement improvements to Riverside Drive and Angle Avenue. It was the consensus of the City Council that the recommendation be adopted. C-20525 There was presented Mayor and Council Communication No. C- United States 20525 from the City Manager recommending that the City Council Department of authorize the City Manager to execute a Memorandum of Agreement Homeland with the U.S. Department of Homeland Security Bureau of Security, Bureau Immigration and Customs Enforcement to participate in the of Immigration Commercial Smuggling Squad; and authorize the Agreement to and Customs begin when authorized agents of all parties have signed the Enforcement Agreement and expire on September 30, 2005. It was the consensus of the City Council that the recommendation be adopted. C-20526 There was presented Mayor and Council Communication No. C- Carter & 20526 from the City Manager recommending that the City Council Burgess, Inc. authorize the City Manager to execute a contract with Carter & Burgess, Inc., in the amount of $113,176.90, for Phase 1/ of the Program Management Services for the Runway Extension Project at Fort Worth Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. C-20527 There was presented Mayor and Council Communication No. C- Texas Air 20527 from the City Manager recommending that the City Council Command authorize the City Manager to execute an Unimproved Ground Museum Lease with mandatory improvements for an aircraft storage hangar with Texas Air Command Museum, a 601(C)(3) corporation, for approximately 17,134 square feet of unimproved land at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 14 of 20 C-20528 There. was presented Mayor and Council Communication No. C- NDC Fort Worth 20528 from the City Manager recommending that the City Council Affordable approve a Modification, Renewal and Extension Agreement Housing 1, LTD. (Modification Agreement) between the City of Fort Worth and NDC Fort Worth Affordable Housing 1, Ltd., (NDC) that modifies NDC's current $500,000.00 debt to the City to a $200,000.00 loan and forgives $300,000.00 in current debt; and authorize the City Manager to execute the Modification Agreement with NDC for the repayment of the modified $200,000.00 loan balance and forgiving the remaining $300,000 in current debt to the City. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20529 There was presented Mayor and Council Communication No. C- Twin Mills, LP 20529 from the City Manager recommending that the City Council authorize the City Manager to enter into an encroachment agreement with Twin Mills, LP, authorizing use of the right-of-way for installing monuments (silos) and landscaping in the medians of Silo Drive (entering from Bailey Boswell Road) and Winding Hollow Drive (entering from Old Decatur Road). Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-20530 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20530, Authorization to Extend the Contract with Aramark Corporation (Formerly Fine Host Corporation) to Provide Exclusive Concession and Catering Services at the Fort Worth Convention Center for a Period of Two Years with Two One- Year Extension to Expire Six Months after the Opening of the Omni Fort Worth Hotel, be withdrawn. ZC-04-295 It appeared that the City Council, at its meeting of February 8, 2005, SP-04-047 continued the hearing of the application of Forest Hill Acquisition Approved Corp., for a change in zoning of property located in the 8300 block of Forest Hill Drive from "PD-33" Planned Development; "A-5" One- Family Residential; "R-1" Zero Lot Line/Cluster Residential; and "C-R" Low Density Multi-Family to "PDISU" Planned Development/ Specific Use, for all uses in the "A-R" One-Family Restricted, with 40' Lots and 5' Side Yards and site plan required, Zoning Docket No. ZC-04-295 and Site Plan No. SP-04-047. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 15 of 20 Council Member Haskin expressed concern that this development did not fall in line with the City's desire to have sustainable growth developments. She stated that building homes with a 35 to 40 foot width, left little room for a front yard, not to mention a backyard of only 6-foot deep. After a lengthy conversation amongst the Council and staff, Council Member Silcox called for the question, seconded by Council Member Stevenson. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None There being no one else present desiring to be heard in connection with the application of Forest Hill Acquisition Corp., Mayor Pro temper McCloud made a motion, seconded by Council Member Wheatfall, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-295 and Site Plan No. SP-04-047 be approved. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None Regular Zoning It appeared to the City Council that the Notice of Public Hearing set Hearing 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, January 24 and 27, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-05-016 Council Member Stevenson made a motion, seconded by Council Approved Member Silcox, that the application of Earnest C. Harris for a change in zoning of property located east of Heritage Trace Parkway and Harmon Road from Agricultural to (Tract 1) "A-5" CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 16 of 20 One-Family Residential; (Tract 2) "R-1" Zero Lot Line/Cluster Residential; (Tract 3) "A-7.5" One-Family Residential; and (Tract 4) "E" Neighborhood Commercial, Zoning Docket No. ZC-05-016, be approved. The motion carried unanimously. ZC-05-021 It was the consensus of the City Council that Zoning Docket No. ZC- SP-05-005 0"21 and Site Plan No. SP-0"05, application of Waste Continued Until Management of Texas, Inc., for a change in zoning of property located February 22, at 12200 West Freeway from "AG" Agricultural to "PDISU" Planned 2005 Development/Specific Use, for a Refuse Transfer Station, be continued until February 22, 2005 at the request of the proponent. ZC-05-018 Mayor Pro tempore McCloud made a motion, seconded by Council Approved and Member Davis, that the application of City of Fort Worth for a Set Denial change in zoning of property located at 108, 114, 201, 211, 215, 219, portion for 301, 309 Cromwell Street and 1815, 1823, 1824, 1827, 1828, 1832, Special Hearing and 1833 E. Daggett Avenue from "J" Medium Industrial to "B" Two-Family Residential be approved and that 125 Cromwell Street; from "J" Medium Industrial to "B" Two-Family Residential, reflected on the agenda as Recommended for Denial, be approved. City Attorney Yett stated that since 125 Cromwell Street was being recommended for approval, it constituted a change from the City Zoning Commission's recommendation and therefore the neighborhood would need to be re-noticed. He stated that the case should be scheduled for a special hearing. Bill Martin Mr. Bill Martin, 201 Cromwell Street, appeared before Council in opposition of the denial for 925 Cromwell Street.- After receiving clarification of Mayor Pro tempore McCloud's motion and City Attorney Yett's comments, Mr. Martin withdrew his opposition. Mayor Pro tempore McCloud amended his motion and Council Member Silcox amended his second, to include that zoning of the property at 125 Cromwell Street be scheduled for a special hearing on March 8, 2005. The motion carried unanimously. (Council Members Wheatfall and Davis stepped away from the dais.) ZC-04-306 It appeared that the City Council, at its meeting of December 14, Continued Until 2004, set today as the special hearing of the application of Jerry D. February 22, Scott for a change in zoning of property located at 701 Westview 2005 Avenue from "B" Two-Family Residential to "PDISU" Planned CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PACE 17 of 20 Development/Specific Use, for all uses in "A-7.5" One-Family Residential; plus Enclosed Carport and site plan required, Zoning Docket No. ZC-04-306 and Site Plan No. SP-04-054. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, 901 Fort Worth Club, representing the owner of the property, appeared before Council in support of the zoning change. He provided Council with a chronology of the case. He acknowledged that the owner built the carport after it was denied by the Board of Adjustment and without a building permit issued by the City. However, the owner had received approval from neighbors in his community and the carport was equal to those already in the neighborhood. (Council Members Wheatfall and Davis returned to their chairs at- the dais.) Several Council Members expressed concern that the property owner exhibited blatant disregard of the rules of the City and that if Council approved this case, it would be unfair to those citizens who had to remove their carports for the same reason. Mr. Bob Riley, Development Department Director, advised the Council that the applicant could file a special exception application with the Board of Adjustment and possibly receive approval. Council Member Wheatfall asked Mr. Riley if the special exception also applied to. other citizens in similar situations. Mr. Riley responded in the affirmative. There being no one else present desiring to be heard in connection with the application of Jerry D. Scott, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-306 and Site Plan No. SP-04-054 be continued until February 22, 2005. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 18 of 20 ORDINANCE NO. 16297-02-2005 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. Citizen There were no citizen presentations. Presentations Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:25 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) Donald Ray Hendricks v. City of Fort Worth Housing Dept., et. al., No. 4-04-CV-893; b) City of Fort Worth v. Hugh Turner, Cause No. 96- 178116-99; c) Stephanie Dukes, et. al. v. Philip Johnson/Alan Ritchie Architects, et al., Cause No. 141-207538-04; CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 17, 2005 PAGE 19 of 20 d) City of Fort Worth v. 3120 Precinct Line Road L.L.C. and Walker Branch Recycling, Inc., Cause No. 04- 20857-2; e) City of Fort Worth v. Texas Bay Cherry Hill, L.P., Cause No. 0426380-2; f) Legal issues concerning the Ad Valorem tax collection contract with Perdue, Brackett, Utt, Flores and Burns; g) Legal issues concerning City of Fort Worth Employees' Retirement Fund; h) Legal issues concerning any City Council agenda item; and 2. Deliberate the purchase, sale, lease or value of real property in accordance with Section 561.072 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; 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 1:20 p.m. . Adjournment There being no further business, the meeting was adjourned at 1:20 p.m. These minutes approved by the Fort Worth City Council on the 22nd day of February, 2005. Attest: Approved: Marty Hendrix Michael J. M nerief City Secretary Mayor