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HomeMy WebLinkAbout2005/03/29-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 Date & Time On the 29"' day of March, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 10:07 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; 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. Mayor Pro tempore Ralph McCloud was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Roosevelt Baugh, St. Mark Cumberland Presbyterian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Council Member Wheatfall, the minutes of the regular meeting of March 24, 2005, were approved unanimously. Special Ms. Mae Ferguson, Executive Director of Fort Worth Sister Cities Presentations International, introduced a computer slide presentation on the Sister Cities trip to Mbabane, Swaziland, South Africa that was designed by Council Member Wheatfall. The Mayor and several Council Members commended Council Member Wheatfall for the slide presentation and provided their positive prospective on their visit to Mbabane. Ms. Kathryn Bryan, Chair of Fort Worth Sister Cities Trier, Germany Committee introduced two firefighters from the Trier, Germany Fire Department, Jurgen Sevenich and Gunter Ahnen. Deputy Fire Chief Hugo .Esparza briefed the Council on the activities of the visiting firefighters and acknowledged Lieutenant Greg Russell who was the central contact point for planning and coordinating all the activities. One of the firefighters expressed appreciation to the Council for the opportunity to visit Fort Worth and learn how the City's firefighters train. He presented a gift to Deputy Chief Esparza. Council Member Picht presented each firefighter with a City pin. Ms. Bryan also introduced the student delegate from Trier, Germany. A student representative expressed appreciation to their host families and to the Council for their support. He presented a gift to Mayor Moncrief from.Trier, Germany. Council Members Lane and Picht presented each student with a City pin. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 2 of 24 Ms. Delena Doyle, Assistant Director of Student Affairs for Fort Worth Independent School District, presented Attendance Court success stories. She introduced nine students, their parents, and student coordinators from City high schools and outlined the achievements of each student since experiencing Attendance Court. . Council Members Lane and Haskin presented each student and their coordinators with City pins. Announcements Council Member Davis announced that March 28, 2005, was the 5- year anniversary of the tornado that hit Fort Worth in 2000. She stated that it was important to remember the five people who lost their lives and the damage the City had experienced. She emphasized where the City is today and how the experience had made the City better prepared to respond to emergencies. Council Member Haskin announced that District 4 would have its Cowtown Clean-up on April 2, 2005, starting at 9:00 a.m. She stated that everyone interested in participating in the clean-up could call the Environmental Management Department to obtain free trash bags and gloves. . She further stated that anyone needing more information on Cowtown Clean-up could call her office at (817) 392-8804. Council Member Wheatfall announced that the Stop 6 Cowtown Clean-up would also be held on April 2, 2005, at 9:00 a.m. He stated that the gathering area would be at Greater St. Mark Church. Council Member Silcox expressed appreciation to everyone who participated in the Pooch and Pals Promenade on March 26, 2005. He stated that it was a very successful event even with the wet weather. He also raised awareness to the number of animals at the Animal Control Center and the euthanasia rate. Withdrawn from Council Member Silcox requested that Mayor and Council Consent Agenda Communication No. C-14730 be withdrawn from the consent agenda. Continued/ There were no items continued or withdrawn by staff. Withdrawn By Staff Consent Agenda On motion of Council Member Wheatfall, seconded by Council Member Lane, the consent agenda, as amended, was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 3 of 24 Presentations by Council Member Lane made a motion, seconded by Council City Council - Member Davis, that Keith Reardon be appointed to Place 2 on the Appointments Library Advisory Board, effective March 29, 2005, and with a term expiring October 1, 2006. The motion carried unanimously. Mayor Moncrief requested Council consideration to appoint Bill Miller to the Building Standards Commission. Council Member Davis made a motion, seconded by Council Member Stevenson, that Bill Miller be appointed to the Building Standards Commission, effective March 29, 2005, and with term expiring September 30, 2005. The motion carried unanimously. Res. #3180-03- There was presented Resolution No. 3180-03-2005, continued 2005 from March 24, 2005, appointing Lillie M. Biggins to Place 8 on the Appoint_Liliie.M. Dallas-Fort Worth International Airport Board. Biggins to Dallas- Fort Worth Council Member Wheatfall expressed concern that he or Mayor International Pro tempore McCloud did not have any input to this appointment Airport Board process. Mayor Moncrief stated that this item had been continued for two weeks and that he assumed that the lack of response or input by any member of the Council indicated their support of Ms. Biggins' qualifications and appointment. Council Member Davis made a motion, seconded by Council Member Stevenson, that the resolution be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Council Members Lane, Haskin, Picht, Stevenson, and Davis NOES: Council Members Silcox and Wheatfall ABSENT: Mayor Pro tempore McCloud CP #251 There was presented Council Proposal No. 251 proposing that the Continued for One City Council schedule an item for April 12, 2005, to designate the Week Wedgwood Square area as a Neighborhood Empowerment Zone (NEZ); and authorize the City Manager to prepare a resolution and ordinance to designate the Wedgwood Square area as a NEZ and Reinvestment Zone. Council Member Picht made a motion, seconded by Council Member Davis, that the recommendation be continued for one week to provide the Council clarification of the designation. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2006 PAGE 4 of 24 Appoint There was presented a resolution appointing the following Chairperson & individuals to the Board of Directors of Tax Increment Certain Members Reinvestment Zone Number 11, City of Fort Worth, Texas of Board of (Southwest Parkway TIF), effective. March 29, 2006, and with Directors of Tax terms expiring as reflected: Increment Reinvestment NAME EXPIRATION OF TERM Zone Number 11 (Southwest Chuck Silcox December 31, 2006 Parkway (Southwest Wendy Davis December 31, 2006 Continued One Issac Manning December 31, 2006 Week Bill Meadows December 31, 2005 Elaine Petrus December 31, 2005 Scott Walker December 31, 2006 The City Council hereby acknowledges the appointments of the following persons to the Board by 'the following entities for terms expiring as reflected: NAME APPOINTING ENTITY EXPIRATION OF TERM Chris Hatch Fort Worth ISD December 31, 2006 Roy Brooks Tarrant County December 31, 2005 Kimberly Britton Tarrant County December 31, 2006 Hospital. District Bill Lace Tarrant County December 31, 2005 College District George Tarrant Regional December 31, 2006 Shannon Water District Mayor Moncrief expressed concern with Council Member Picht's statement that there was a lack of representation for District 6 on this board and proposed that Council Member Picht be appointed to the board in lieu of Elaine Petrus and that the City staff prepare an ordinance for the next Council. meeting to expand the board membership and at that time appoint Elaine Petrus. A lengthy conversation ensued amongst the Council relative to board composition and representation which led to the following action`: Council Member= Silcox made a motion, seconded by Council Member Wheatfall, to delay action to the April 5, 2005, Council meeting. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 29, 2005 PAGE 5 of 24 Ord. #16341-03- There was presented Ordinance No. 15341-03-2005 amending 2005 Ordinance No. 16298-02-2005 by deleting from Section V thereof, Amend Ord. five early voting polling place locations and by adding three #16298-02-2005 additional polling locations for the May 7, 2005, Mayor and City Delete Five Early Council Member elections; and providing for continued Voting Polling effectiveness of all other terms and provisions. Council Member Place Locations Wheatfall made a motion, seconded by Council Member and Add Three Stevenson, that the recommendation be adopted. ' The motion Additional Polling Locations for May carried unanimously. 7, 2005 Mayor and City Council Member Elections Committee There were no presentations or communications from boards, Presentations commissions andlor City Council Committees. OCS-1473 There was presented Mayor and Council Communication No. Claims OCS-1473 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-1474 There was presented Mayor and Council Communication No. Moved to End of OCS-1474 from the Office of the City Secretary recommending Agenda that the City Council adopt a resolution appointing the presiding judges and alternate presiding judges, for the May 7, 2005, City Council election. Council Member Has kin requested this item be moved to the end of the agenda to permit her time to review the judges. Public Hearing It appeared that the City Council, at its meeting of March 24, 2005, continued the public hearing on designating Tax Abatement Reinvestment Zone Number Fifty-Two, City of Fort Worth, Texas (Omni Fort Worth Hotel). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mrs. Ardina Washington, representing the Economic and Community Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14721 as follows: (Council Member Lane stepped away from the dais.) CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 6 of 24 G-14721 There was presented Mayor and Council Communication No. G- Ord. #16342-03- 14721, dated March 24, 2005, from the City Manager . 2005 recommending that the City Council conduct a public hearing Designate Tax concerning the designation of Tax Abatement Reinvestment ,Zone Abatement Number Fifty-Two, City of Fort Worth, Texas; and adopt Reinvestment Ordinance No. 16342-03-2005 designating a certain area in the Zone Number City of Fort Worth as "Tax Abatement Reinvestment Zone Number Fifty-Two (Omni Fifty-Two, City of Fort Worth, Texas"; providing the .effective and Fort Worth Hotel) expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone. Assistant City Manager Joe Paniagua provided a briefing to the Council relative to specifics of the tax abatement as well as information on the contracts reflected to be considered later on the agenda. Monte Elliott Mr. Monte Elliott, 6333 Meadows West, representing the Metropolitan Black Chamber of Commerce, appeared before Council in support of the tax abatement. He expressed concern however relative to the process as it related to the MIWBE participation and added he felt their MIWBE projection was too low and that Omni Hotel could do better. He pointed out that he was under the impression that there would be additional dialogue prior to the signing of any agreements regarding that issue. He stated that Council should either use the Committee and their recommendations or disband it. Mr. Paniagua responded to Mr. Elliott's concern by stating that the communication process on the tax abatement resulted from a breakdown on the Ad Hoc committee. He assured the Council that Minority/Women Business Enterprise (MIWBE) participation was at the agreed to percentage. Council Member Wheatfall asked City Manager Boswell to look into the notification process to ensure all affected agencies were included. Council. Member Davis suggested that Economic and Community Development conduct a special session with the . MIWBE Committee to discuss a better process. She added she does not want to do away with the process or the Committee. Other Council members also expressed that interest. The following individuals appeared before Council in support of the tax abatement and all related Omni Hotel plans and contracts: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 7 of 24 Andy Taft, Mr. Andy Taft 2842 6th Avenue Allan Howeth, President Downtown Fort Worth, Inc. Douglas Harman Mr. Allan Howeth 777 Taylor Street Downtown Fort Worth, Inc. Mr. Douglas Harman 2222 Winton Terrace East Fort Worth Convention and Visitors' Bureau There being no one else present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Stevenson, that the public hearing be closed and that Mayor and Council Communication No. G-14721 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Council Members Haskin Wheatfall, Picht, Stevenson, and Davis NOES: Council Members Silcox ABSENT: Mayor Pro tempore McCloud and Council Member Lane (Council Member Lane returned to his chair at the dais.) Mayor Moncrief stated that Mayor and Council Communication No. C-20628 would be heard by Council at this time to accommodate representatives from Fort Worth Independent School District and the Parks and Community Services Department that needed to return to work. C-20628 There was presented Mayor and Council Communication No. C- Fort Worth 20628 from the City Manager recommending that the City Council Independent enter into a lease agreement between the Parks and Community School District Services Department and the Fort Worth Independent School District (FWISD) for property at West Park; and amend the West Community Park Master Plan to include the proposed additions and. changes related to the FWISDIFuture Farmers of America use agreement. Council Member Stevenson briefed the Council on the lease agreement. The Parks and Community Services Department has been approached by the sponsors of the Future. .Farmers ..of American at Arlington Heights High School requesting to lease a portion of West Community Park in order to construct a barn facility to house FFA program animals. The proposed site CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 8 of 24 comprises approximately ten acres on which a 9,900 sq. ft. pole barn will be constructed. Program sponsors intend to construct the facility and give it to the Fort Worth Independent School District for use by the FFA of Arlington Heights. Initially, the facility will house eight to ten head of cattle with smaller animals to be added at a later time. Program sponsors anticipate no more than 20 to 25 projects at the facility at any given time. He expressed appreciation to everyone involved with the planning and execution of the lease agreement. Gale Cupp. Ms. Gale Cupp, 9225 Heron Drive, appeared before Council in support of the lease agreement. She presented the Council a letter from the Neighborhood Association in south Lake Worth. She requested that the Council ensure provisions of the lease agreement were followed relative to park maintenance and security of animals and remaining park property. Council Member Stevenson made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. (Council Members Silcox and Picht stepped away from the dais.) Public Hearing It appeared that the City Council, at its meeting of March 24, 2005, continued the public hearing concerning the amended Project and Financing Plan for Tax Increment Reinvestment Zone Number Eight, City of Fort Worth, Texas (Lancaster Corridor TIF). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mrs. Ardina Washington, representing the Economic and Community. Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14722 as follows: G-14722 There was presented Mayor and Council Communication No. G- Ord. #15343-03- 14722, dated March 24, ` 2005, from the City Manager 2005 recommending that the City Council hold a public hearing Amend Project concerning an amendment to the Lancaster Corridor TIF Project and Financing and Financing Plan, to afford an opportunity for interested Plan for Tax persons to speak for or against the recommended approval of the Increment Plan`amendment and the TIF's designation as well as for property Reinvestment owners to protest inclusion of their property in the TIF; and adopt Zone Number' Ordinance No. 16343-03-2005 approving an`amended Project and Eight (Lancaster Financing Plan for Tax Increment Reinvestment Zone Number Corridor TIF) ' Eight, City of Fort Worth, Texas (Lancaster Corridor TIF); making various findings related to such amended plan. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 9 of 24 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 Stevenson, that the public hearing be closed and that Mayor and Council Communication No. G- 14722 be adopted. The motion carried unanimously. G-14724 There was presented Mayor and Council Communication No..G- 0 rd. #1634403-2005 14724 from the City Manager recommending that the City Council Approve DIFW adopt Ordinance No. 16344-03-2005, pursuant to V.T.C.A., International Transportation Code, Chapter 22, Subchapter D, approving Airport Board Resolution No. 2005-02-049 of the Dallas-Fort Worth International Res. #2005-02-049 Airport. Board which amends Appendix I of the Dallas-Fort Worth Approving International Airport Board Code of Rules and Regulations; Amendment of Appendix I of Code providing for a fine not to exceed two thousand ($2,000.00) of Rules and dollars per day for any violation thereof. It was the consensus of Regulations of the City Council that the recommendation be adopted. DIFW International Airport Board G-14725 There was presented Mayor and Council Communication No. G- Res. #3181-03- 14725 from the City Manager recommending that the City Council 2005 authorize the City Manager to retain the law firm Whitaker, Chalk, Employ Whitaker, Swindle & Sawyer, L.L.P. as outside counsel, pursuant to Chapter Chalk, Swindle & VI, Section 3 of the City Charter, to assist the City Attorney in Sawyer, L.L.P. for representing the City and prosecuting Cause No. ED-2003-00494; Lawsuit, City of and adopt Resolution No. 3181-03-2005 fixing in advance, as far Fort Worth v. as practicable, the amount to be paid to John Allen Chalk, in an Calvin R. amount not to exceed $55,000.00. It was the consensus of the Peterson, et al., City Council that the recommendation be adopted. Cause #ED-2003- 00494, Denton County G-14726 There was presented Mayor and Council Communication No. G- Tarrant County 14726 from the City Manager recommending that the City Council Community authorize the City Manager to accept funds from the Tarrant Oriented Policing County Community Oriented Policing Services (COPS) Services Methamphetamine grant in an amount not to exceed $25,000.00 Methamphetamine for reimbursement of salaries and overtime; accept specialized Grant grant-purchased equipment from the Tarrant County COPS Reimbursement Methamphetamine grant; and support Tarrant County in an effort to obtain grant funds for support of children exposed to chemicals used to manufacture methamphetamine. It was the consensus of the City .Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 10 of 24 G-14727 There was presented Mayor and Council Communication No. G- Ord. #16345-03 14727 from the City Manager recommending that the City Council: 2005 Office of Juvenile 1. Authorize the City Manager to accept an earmark grant Justice and from the Office of Juvenile Justice and Delinquency Delinquency Prevention in the amount of$199,874.00, Prevention Earmark Grant for 2. Adopt Appropriation Ordinance No. 16345-03-2005 Comin' Up increasing estimated receipts and appropriations in the Program Grants Fund in the amount of $199,874.00, subject to receipt of a grant from the Office of Juvenile Justice and Delinquency Prevention, for the purpose of funding the Comin' Up Program; 3. Authorize the City Manager to execute a contract with Boys and Girls Clubs of Greater Fort Worth in an amount not to exceed $166,124.00; and 4. Authorize the City Manager to execute a contract with Tarrant County in an amount not to exceed $33,750.00 It was the consensus of the City Council that the recommendation be adopted. G-14728 There was presented Mayor and Council Communication No. G- Ord. #16346-03- 14728 from the City Manager recommending that the City Council: 2005 Authorize 1. Authorize the City Manager to apply for, and accept if Application and awarded, the 2006 Domestic Assault Response Team Accept 2006 (DART) grant in the amount of $80,000.00 from the Domestic Assault Governor's. Office, Criminal Justice Division (CJD); Response Team Grants and 2. Authorize the City .Manager to apply for, and accept if Execute Contract awarded, the 2006 Enhanced Domestic Assault Response with Women's Team (Enhanced DART) grant in the amount of $77,520.00 Haven of Tarrant from the Governor's Office, Criminal Justice Division; County 3. Authorize the City Manager to designate the Assistant City Manager who manages the Police Department as the authorized official to accept, reject or alter the DART and Enhanced DART grants after they are awarded; . 4. Provide assurance that funds will be returned to the Criminal Justice Division in full in the event of loss or misuse of CJD grant funds; CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 11 of 24 5. Authorize the transfer of$91,023.00 in matching funds from Federal Awarded Assets; 6. Adopt Appropriation Ordinance No. 16346-03-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $248,543.00, subject to . receipt of the Domestic Assault Response Team and the Enhanced Domestic Assault Response Team grants from the . Governor's .Office, Criminal Justice Division, for the purpose of funding the Domestic Assault Response Team project; 7. Authorize the City Manager to waive indirect costs in the amount of$3,527.52; and 8. Authorize the City Manager to execute a contract with Women's Haven of Tarrant County in the amount of $36,500.00. It was the consensus of the City Council that the recommendation be adopted. G-14729 There was presented Mayor and Council Communication. No.. G- Ord. #16347-03- 14729.from the City Manager recommending that the City Council 2005 authorize the City Manager to accept the annual grant payment 2005 Annual from the Law Enforcement Officer Standards and Education Grant Payment account in the amount of $4,499.46; and adopt Appropriation from Law. Ordinance No. 16347-03-2005 increasing estimated receipts and Enforcement appropriations in the Special Trust Fund, Law Enforcement Officer Standards Officer Standards and Education Training Project in the amount and Education of $4,499.46 from the Texas Comptroller of Public Accounts for Account for City -the purpose of funding continuing education and training for the Marshal's Division City Marshal's Division. It was the consensus of the City Council that the recommendation be adopted. (Council Members Silcox,and Picht returned to their chairs at the dais.) G-14730 There was presented Mayor and Council Communication No. G- Ord. #16348-03- 14730 from the City Manager recommending that the City Council: 2005 Authorize Yo Taxi 1. Consider and adopt the findings and opinions of the City to Operate Ten staff as presented herein; Pedicabs Within 2. Find that the public necessity and convenience require the City of Fort Worth operation of ten pedicabs upon the city streets, alleys, and thoroughfares; and CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 29, 2005 PAGE 12 of 24 3. Adopt Ordinance No. 16348-03-2005 granting Yo Taxi Pedicabs the privilege to use the streets, alleys, and public thoroughfares of the City in the conduct of its pedicab business, which shall consist of the operation of ten Pedicabs for a period beginning on April 4, 2005, and ending on April 3, 2010; specifying the terms and conditions of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by Yo Taxi Pedicabs. Council Member Silcox asked staff for clarification of the definition of a pedicab. Acting Assistant City Manager Richard Zavala stated that the pedicab is a human-powered bicycle with a passenger cab compartment in the back, similar to a rickshaw. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G- 14730 be adopted. The motion carried unanimously. G-94731 There was presented Mayor and Council Communication No. G- Ord. #16349-03- 14731 from the City Manager recommending that the City Council: 2005 Grant from 1. Authorize the City Manager to apply for and accept, if Criminal Justice awarded, a grant from the Criminal Justice Division of the Division of Office Office of the Governor of Texas in the amount of of Governor of $.104,296.00 to operate the Diamond Hill Coalition After- Texas to Operate School Program from September 1, 2005, to August 31, Diamond Hill 2006; Coalition.After School Program & 2. Adopt Appropriation Ordinance No. 16349-03-2005 Execute Contracts increasing estimated receipts and appropriations in the with YMCA of Grants Fund in the amount of $104,296.00, subject to Metropolitan Fort receipt of the grant from Criminal Justice Division of the Worth and Camp Office of the Governor of Texas, for the purpose of funding Fire USA First the operation of the Diamond Hill Connection.After-School Texas Council Program; 3. Authorize the City Manager to designate an Assistant City Manager as the authorized official for the Diamond Hill Coalition After-School Program to accept, reject, or alter the grant, if awarded, and CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 13 of 24 4. Authorize the City Manager, contingent upon receipt of the grant award, to execute contracts with the YMCA of Metropolitan Fort Worth in an amount not to exceed $69,366.00, and Camp Fire USA First Texas Council in an amount not to exceed $34,930.00 to conduct the Diamond Hill Coalition After-School Program. It was the consensus of the City Council that the recommendation be adopted. G-14732 There was presented Mayor and Council Communication No. G- Ord. #16350-03- 14732 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16350-03-2005 reappointing Charles F. Reappoint Berger, Ann Y. Collins, Faye R. Harden, Nemuel E. Pettie, Patricia Substitute L. Summers, Nelda F. Harris, Carla G. Kelman, Nancy A. Magee, Municipal Judges Nancy E. Strickland, Andrew T. Bradshaw and Edward B. for One-Year Term Valverde as substitute Municipal Judges for a one-year term Commencing commencing April 1, 2005, and ending March 31, 2006, or until a April 1, 2005 and successor is qualified and appointed in accordance with state Ending law. Council Member Lane made a motion, seconded by Council March 31, 2006 Member Davis, that the recommendation be adopted. The motion carried unanimously. (Council.Member Stevenson stepped away from the dais.) G-14733 There was presented Mayor and Council Communication No- G- Extend Injury 14733 from the City Manager recommending that the City Council Leave-of-Absence approve an extension of injury leave-of-absence pay benefits for Pay Benefits for Officer Jimmy Hewett. Council Member.Silcox made a motion, Police Officer seconded by Council Member Davis, that the recommendation be Jimmy Hewett adopted. The motion carried unanimously. G-14734 There was presented Mayor and Council Communication No. G- Ord. #16351-03- 14734 from the City Manager recommending that the City Council 2005 authorize the City Manager or his designee to accept a monetary Monetary donation of $22,200.00 to fund the procurement of seven Crime Donation to Search Unit digital cameras; and adopt Appropriation Ordinance Purchase Digital No. 16351-03-2005 increasing estimated receipts and Cameras for appropriations in the Special Trust Fund in the amount of Police Department $22,200.00 from available funds for the purpose of funding the procurement of seven Crime Search Unit digital cameras. Council Member Davis made a motion, seconded by Council Member Lane, that' the recommendation be adopted with appreciation. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH; TEXAS MARCH 29, 2005 PAGE 14 of 24 L-14050 There was presented Mayor and Council Communication No. L- Permanent 14050 from the City Manager recommending that the City Council Sanitary Sewer authorize the acquisition of one permanent sanitary sewer Easement& easement described as R.R. Ramey Survey, Abstract No. 1341, Temporary Tarrant County, Texas, for a cost of $22,000.00, and one Construction temporary construction easement for a cost of $3,500.00, from Easement Sowell Co., required for the construction of Main 244A-Parallel Relief Sewer (DOE 3295), plus estimated closing costs of $2,500.00, for a total cost of $28,000.00. It was the consensus of the City Council that the recommendation be adopted. L-14051 There was presented Mayor and Council Communication No. L- Permanent 14051 from the City Manager recommending that the City Council Easement& approve the conveyance of one permanent easement and right-of- Right-of-Way way described as Lot 1, Block 1, Jacob Wilcox Survey, No. 1 A- 1729 Tarrant County, Texas, from the City of Fort Worth to TXU Electric Delivery Company for the installation of power poles and related electrical facilities for Castle Circle Lift Station located on Heron Drive in West Fort Worth. It was the consensus of the City Council that the recommendation be adopted. L-14052 There was presented Mayor and Council Communication No. L- Ord. #16352-03- 14052 from the City Manager recommending that the City Council 2005 adopt Appropriation Ordinance No. 16352-03-2005 increasing Purchase Building estimated receipts and appropriations in the Certificates of Located at 1111 Obligation Special Project Fund in the amount of $5,240,000.00 to Monroe Street be obtained through the sale of Certificates of Obligation, for the from Fort Worth purpose of funding the purchase of the building located at 1111 Telco Center, Ltd. Monroe Street, all of Lots 10 through 21 and a portion of Lots 9 and 22, Block 5, Jennings East; and authorize the City Manager to execute all necessary documents to purchase, for a full sale price of $5,200,000.00, the approximately 70,000 square foot building located at 1111 Monroe Street, commonly referred to as the Zipper Building and legally described as: "all of Lots 10 through 21 and a portion of Lots 9 and 22; Block 5, Jennings East." Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. (Council Member Stevenson returned to his chair at the dais.) CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2006 PAGE 15 of 24 PZ-2575 There was presented Mayor and Council Communication No. PZ- Annexation 2575, dated March 24, 2005, from the City Manager recommending Timetable for that the City Council approve the annexation timetable for Proposed proposed voluntary annexation of approximately 213.34 acres of Voluntary land in Denton County, located approximately one mile west of Annexation of F.M. 156 on the north side of State Highway 114 (AX-05-001 Approximately River's Edge), in order to annex the subject property for full 213.34 Acres purposes in compliance with the requirements of Chapter 43 of Located West of the Local Government Code of the State of Texas; and direct City F.M. 156 on North staff to prepare a service plan that provides for the extension of Side of State full municipal services to the annexation area. Highway 114 (AX- 05-001 River's Mr. Bob Riley, Development Department Director, stated that the Edge) timetable needed to be amended to reflect the first public hearing as being on April 12, 2006; the second public hearing on April 19, 2005; and consideration of the annexation on May 10, 2005. Wyatt Henderson Mr. Wyatt Henderson, 13455 Noel Road, Dallas, Texas, appeared before.Council in support of the proposed annexation. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted as amended. The motion carried unanimously. PZ-2576 There was presented Mayor and Council Communication No. PZ- Annexation 2576., dated March 24, 2006, from the City Manager recommending Timetable for that the City Council approve the annexation timetable for Proposed City proposed city initiated annexation of approximately 6.9 acres of Initiated land, or .090 square miles (more or less) located west of FM 156, Annexation of being a portion of State Highway 114, Denton County (AX-05-004 Approximately 6.9 State Highway 114), in order to annex the subject property for full Acres Located purposes in compliance with the requirements of Chapter 43 of West of FM 156, the Local Government Code of the State of Texas; and direct staff Portion of State to prepare a service plan that provides for the extension of full Highway 114, municipal services to the annexation area. Denton County (AX-05-004 State Mr. Bob Riley, Development Department Director, stated that the Highway 114) 'timetable needed to be amended to reflect the first public hearing as being on April 12, 2005; the second public hearing on April 19, 2005; and consideration of the annexation on May 10, 2005. He added that paragraph 2 of the Discussion section of the M&C also needed to be amended to change "March 24th" to "March 29th Council Member Davis made a . motion, seconded by Council Member Stevenson, that the recommendation be adopted as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 16 of 24 PZ-2578 There was presented Mayor and Council Communication No. PZ- Ord. #16353-03 2578 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16353-03-2005 vacating and extinguishing a Portion of East portion of East Bluff Street located in Block 124 of the Original Bluff Street Town of Fort Worth, an unrecorded addition to the City of Fort Vacation Worth, Tarrant County, Texas, and being 294.63 to 302.74 feet (VA-04-0'10) variable length and 58.48 to 63.03 feet variable width. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. Council Member Davis requested that Mayor and Council Communication Nos. C-20617 through C-20621 be voted by one motion. No objection was received by the Council Members. C-20617 There was presented Mayor and Council Communication No. C- Omni Fort Worth 20617, dated March 24, 2005, from the City Manager Partnership, L.P. recommending that the City Council authorize the City Manager to execute the Option agreement to enter into Retail Lease Agreement with Omni Fort Worth Partnership, L.P., for ground level retail and commercial space within a City-owned parking garage to be constructed on Block 7, Tarrant County Convention Center Addition. Council Member Davis made a motion, seconded by Council. Member Lane, that the recommendation be adopted with the express understanding that the final document executed by the City Manager may contain changes so long as those changes do not directly conflict with the terms and conditions outlined in the M&C. The motion carried unanimously. C-20618 There was presented Mayor and Council Communication No. C- Omni Fort Worth 20618, dated March 24, 2005,. from the City .. Manager Partnership, L.P. recommending that the City Council authorize execution of. the Ground Lease of Blocks 7 and 8, Tarrant County Convention Center Addition, to Omni Fort Worth Partnership, L.P. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted with the express understanding that the final document executed by the . City Manager may contain changes' so long as those changes do not directly conflict with the terms and conditions outlined in the M&C. The motion carried unanimously. C-20619 There was presented Mayor and Council Communication No. C- Omni Hotels 20619, dated March` 24, 2006, from the City Manager Management recommending that the City Council authorize the City Manager Corporation to enter into the contract with Omni Hotels Management CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 17 of 24 Corporation to provide exclusive food, beverage and alcoholic beverage services at the Fort Worth Convention Center for a period of ten years beginning six months after the opening of the Omni Fort Worth Hotel. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted with the express understanding that the final document executed by the City Manager may contain changes so long as those changes do not directly conflict with the terms and conditions outlined in the M&C. The motion carried unanimously. C-20620 There was presented Mayor and Council Communication No. C- Omn.i Fort Worth 20620, dated March 24, 2005, from the City Manager Partnership, L.P. recommending that the City Council authorize the City Manager to execute the Room Block Agreement with Omni Fort Worth Partnership, L.P., to provide event room blocks to potential Convention Center customers for a period of ninety-nine years after the opening of.the Omni Fort Worth Hotel. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted with the express understanding that the final document executed by the City Manager may contain changes so long as those changes do not directly conflict with the terms and conditions outlined in the M&C. The motion carried unanimously. C-20621 There was presented Mayor and Council Communication No. C- Ord. #16354-03- 20621, dated March 24, 2005, from the City Manager 2005.. recommending that the City Council make the findings Ord. #16355-03- specifically set forth in the Economic Development Program 2005.. Agreement; authorize the City Manager to execute the Economic Omni Fort Worth Development Program Agreement with Omni Fort Worth Partnership, L.P. Partnership, L.P.; adopt Supplemental Appropriation Ordinance No. 16354-03-2005 increasing appropriations in the Culture and Tourism Fund in the amount of $6,300,000.00 and decreasing the unreserved fund balance by the same amount, for the purpose of transferring said funds to the Specially Funded Capital Projects Fund; authorize the transfer of$6,300,000.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; and adopt Appropriation Ordinance No. 16355-03-2005 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $6,300,000.00 from available funds, for the purpose of funding an Economic Development Program Agreement with Omni Fort Worth Partnership, L.P. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 18 of 24 adopted with the express understanding that the final document executed by the City Manager may contain changes so long as those changes do not directly conflict with the terms and conditions outlined in the M&C. The motion carried unanimously. C-20622 There was presented Mayor and Council Communication No. C- Omni Fort Worth 20622, dated March 24, 2005, from the City Manager Partnership, L.P. recommending that the City Council make the findings specifically outlined in the Tax Abatement Agreement; and authorize the City Manager to execute the Tax Abatement Agreement with Omni Fort Worth Partnership, L.P. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted with the express understanding that the final document executed by the City Manager may contain changes so long as those changes do not directly conflict with the terms and conditions outlined in the M&C. The motion carried by the following vote: AYES: Mayor Moncrief; Council Members Lane, Haskin, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Mayor Pro tempore McCloud Scott Johnson Mr. Scott Johnson, 3737 Cole Avenue #269, representing Omni Hotels Management Company, appeared before Council and expressed 'appreciation to the Council and City staff for the opportunity to work with them to bring the hotel to Fort Werth. He specifically recognized Mayor Moncrief and Council Member Davis for their leadership, Assistant City Manager Joe Paniagua, Assistant City Attorney Peter Vaky, Economic and Community Development Department Director Tom' Higgins, and Public Events Department Director Kirk Slaughter, and Kirk's Assistant, James Horner for their patience and insight. He also recognized Secretary of State Roger Williams for his support of this project. Council Member Davis and Mayor Moncrief also acknowledged the work of the City staff, representatives of the Omni Hotel, and Mr. Williams and expressed appreciation. C-20623 There was presented Mayor and Council Communication No. C- Texas Department 20623 from the City Manager recommending that the City Council of Transportation authorize the.City Manager to execute a contract with the State of & Quick Water Texas Department of Transportation (TxDOT) to temporarily close Productions one lane of the 1-820 service road from 9'00 feet west of Marine CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 19 of 24 Creek Parkway to 500 feet past Marine Creek Lake beginning Friday, June 17, 2005, until Sunday, June 19, 2005, from 8:00 a.m. to 10:00 p.m. each day; and a contract with Quick Water Productions to temporarily close one lane of the 1-820 service road from 900 feet west of Marine Creek Parkway to 500 feet past Marine Creek Lake beginning Friday, June 17, 2005, until Sunday, June 19, 2005, from 8:00 a.m. to 10:00 p.m. each day. It was the consensus of the City Council that the recommendation be adopted. C-20624 There was presented Mayor and Council Communication No. C- Ord. #16356-03- 20624 from the City Manager recommending that the City Council: 2005 Waddil Group 1. Authorize anon-interest bearing, inter-fund loan from the Capital Projects Reserve Fund to the Certificate of Obligation Special Project Fund in the amount of $202,000.00 for interim financing of expenses related to the purchase of and design of renovations to the Zipper Building, pending the sale of Certificates of Obligation; 2. Adopt Appropriation Ordinance No. 16356-03-2005 increasing estimated receipts and appropriations in the Certificates of Obligation Special Project Fund in the amount of $202,000.00 from available funds for the purpose of funding a design agreement with the Waddill Group architectural farm for the design of renovations to the Zipper Building; and 3. Authorize the City Manager to execute a design agreement in an amount not to exceed $148,500.00 with the Waddill Group architectural firm for the design of renovations to the Zipper Building. It was the consensus of the City Council that the recommendation be adopted. C-20625 There was presented Mayor and Council Communication No. C- Ord. #16357-03- 20625 from the City Manager recommending that the City Council: 2005 Conatser 1. Authorize the transfer of $2,415,619.75 from the Water & Construction TX, Sewer Operating Fund to the Water Capital Project Fund in LP the amount of $889,330.00 and Sewer Capital Project Fund in the amount of$1,526,289.75; and CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 20 of 24 2. Adopt Appropriation. Ordinance No. 16357-03-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $889,330.00 and the Sewer Capital Project Fund in the amount of $1,526,289.75 from available funds for the purpose of funding a contract with Conatser Construction TX, L.P. for Water. and Sanitary Sewer Replacement Contract 2001, WSM-N; and 3. Authorize the City Manager to execute a contract with Conatser Construction TX, L.P. in the amount of $2,194,619.75 for Water and Sanitary Sewer Replacement Contract 2001, WSM-N. . It was the consensus of the.City Council that the recommendation be adopted. C-20626 There was presented Mayor and Council Communication No. C- DMJM Aviation 2 0626 from the City Manager recommending that the City Council approve the initial design fee for DMJM Aviation under their On- call Consulting Agreement in the amount of $52,164.20 to prepare a preliminary engineering report for certain projects and to design the rehabilitation of the northeast taxiway access to FedEx at Fort Worth Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. C-20627 There was presented Mayor and Council Communication No. C- Ord. #16358-03- 20627 from the City Manager recommending that the City Council: 2005 Ord. #1635903- 1. Execute Amendment No. 2 to the Texas Department of 2005 Transportation (TxDOT) design and development grant for Amendment#2 a permanent Air Traffic Control Tower at Fort Worth with Texas Spinks Airport, increasing the overall grant amount from Department of $1,222,223.00 to $1,527,778.00, of which $275,000.00 will Transportation be funded by TxDOT and $30,555.00 will be funded by the City; 2. Authorize the transfer of $30,555.00 from escrow funds to revenue in the Municipal Airports Fund; 3. Adopt Supplemental Appropriation Ordinance No, 16358- 03-2005 increasing estimated receipts and appropriations in the Municipal Airports Fund in the amount of $30,555.00 from available funds for the purpose of funding a transfer to the Airport Grants Fund; CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 21 of 24 4. Authorize the transfer of $30,555.00 from the Municipal Airports Fund to the Airport Grants Fund for the City's match; and 5. Adopt Appropriation Ordinance No. 16359-03-2005 increasing estimated receipts and appropriations in the Airports Grant Fund in the amount of $305,555.00 from available funds for the purpose of funding Amendment No. 2 to the Texas Department of Transportation design and development grant for a permanent Air Traffic Control Tower at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared'that the City Council set today as the date for a public 2005-2010 hearing concerning the 2005-2010 Consolidated Plan grant Consolidated Plan application (CDBG, ESG, HOME, ADDI and HOPWA grants) for Grant Application submission to the U.S. Department of Housing and Urban (CDBG, ESG, Development. Mayor Moncrief opened the public hearing and HOME, ADD[, and asked if there was anyone present desiring to be heard. HOPWA Grants) for Submission to Mr. Galen Price, representing the Budget and Management U.S. Department Services Department, appeared before Council, gave a staff of Housing and report. Urban There being no one present desiring to be heard in connection Development with the public hearing, Council Member Davis made a motion, seconded by Council Member Wheatfall, that the public hearing be closed and that action would be taken by Council.April 5, 2005. The motion carried unanimously. OCS-1474 There was presented Mayor and Council Communication No. Res. #3182-03 OCS-1474 from the Office of the City Secretary recommending 2005 that the City Council adopt Resolution No. 3182-03-2005 Appoint Presiding appointing the presiding judges and alternate presiding judges, and Alternate for the May 7, 2005, City Council election. .fudges for May 7, 2005 City Council Member Haskin requested that the Handley- Council Election Meadowbrook Community Center be added back as an early voting location. Council Member Wheatfal[ made a motion, seconded by Council Member Lane, that the recommendation to add Handley- Meadowbrook Community Center as an early voting location be approved and the resolution be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29,:2005 PAGE 22 of 24 Citizen Mr. Danny Moss, 1800 Fairway Bend Drive, Haslet, Texas, Presentations developer of the Willow Springs Ranch Subdivision, appeared Danny Moss before Council relative to the annexation of 287 Zone. He stated that he had not received notification that the area was to be annexed for limited purposes. He requested that the area be removed from limited purpose annexation and placed on the schedule for full purpose annexation in 2015. City Attorney Yett advised the Council that numerous meetings with City staff had been held and that he was fully satisfied that appropriate legal notice was provided to the areas being annexed. He stated that the City,would fully.enforce all ordinances upon annexation. He added that removal from limited purpose annexation in 2015 had legal issues that would need to be addressed. Mayor Moncrief asked the City Attorney to continue negotiations on this issue to see if an agreement could be reached. Alex Neely Mr. Alex Neely, 6628 Cervantes Avenue, appeared before Council relative to sex offenders and ex-convicts being located too close to Woodway Elementary School, all located on one street in four halfway houses. He asked for City assistance to initiate some action to prevent sex offenders from relocating near schools and from that many being placed in one location. City Attorney Yett stated that his staff was working on this, reviewing current law and legislation and would report back to Council. .lack Gibson Mr. Jack Gibson, 1525 Western Willow Drive, Haslet, Texas, appeared before Council relative to annexation of the 28.7 Zone. He stated that he did not know his home was in a limited purpose .annexation area when they moved into the area. . He added that annexing the area would dilute Fort Worth services and place Fort Worth tax payers at risk by receiving slower response by emergency vehicles. He further stated that he currently receives emergency services from the County and was very. satisfied with the response times. He also pointed out that the City of Fort Worth does not have sufficient funding to maintain roads within the City much less in the annexed urea. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 23 of 24 Executive Session It was the consensus of the City Council that they recess into Executive Session at 12:54 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) Stephanie Dukes, et al. v. Phillip Johnson, et al., Cause No. 141-207538-04; b) Legal issues concerning the ad valorem tax collection contract with Perdue,.Brackett, Utt, Flores & Burns; c) Legal issues concerning Southeast Landfill; and d) 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; 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, and 5. Deliberate concerning the performance evaluations of the following City Council appointed officials in accordance with Section 551.074 of the Texas Government Code: a) City Manager b) City Attorney c) City Secretary d) City Auditor The City Council reconvened into regular session at 1:40 p.m. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 29, 2005 PAGE 24 of 24 Adjournment There being no further business, the meeting was adjourned at 1:40 p.m. These minutes approved by the Fort Worth City Council on the Stn day of April, 2005. Attest: Approved: 1 Marty Hen ix Michael oncri City Secretary Mayor