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HomeMy WebLinkAbout2005/03/01-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 Date & Time On the 15t day of March, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 7:02 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, and John Stevenson; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Wendy Davis was temporarily absent. With more than a quorum present, the following business was transacted: Invocation. The invocation was given by Pastor Dale Shorter, Harvest Assembly of God. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Wheatfall, .seconded by Council Member Silcox, the minutes of the regular meeting of February 22, 2005, were approved unanimously. Special Council .Member Haskin presented a Proclamation for Women's Presentations Her-Story Month to Ms. Marcy Paul, Co-Chair of Hattitude/Hats Off to Women Committee. (Council Member Davis assumed her chair at the dais.) Council Members Haskin and Davis presented a Proclamation for 2005 Fort Worth Outstanding Women's Day to the following award recipients: Guadalupe Arriola Regina Blair Gay McWhorter Evelyn Collins Cynthia Fisher Miller Lucille H. Helton Katie Diane Robinson Amanda Zavala Ms. Allison Thompson, Chair, Fort Worth Commission for Women, invited the Council to attend the awards dinner honoring these women on March 7, 2005 at 6:00 p.m. at the Fort Worth Convention Center. Council Member Picht presented a Proclamation for Severe Weather Awareness Week to Juan Ortiz, Coordinator of the Fort Worth-Tarrant County Office of Emergency Management. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 2 of 20 Mayor Moncrief expressed appreciation to Council Member Picht for recognizing the need for inclement weather sirens and raising the Council's awareness of this very important system. Announcements Council Member Haskin announced that the third meeting for the Woodhaven Neighborhood Redevelopment Plan would be held March 2, 2005 at 6:00 p.m. at the East Regional Library, at 6301 Bridge Street, and invited everyone interested.to attend. Council Member Davis announced that the Entrepreneur Expo would be conducted on March 3, 2004 at 8:30 a.m. at the Fort Worth Convention Center. She stated it was a great opportunity for anyone interested in starting a business and invited everyone to attend. Council Member Davis also announced that she attended a dinner last week sponsored by the Dallas Business Journal for the Best Real Estate Deals of. 2004. She stated that out of 11 award categories, Fort Worth received the following 5 awards: - Best Land Deal: Burlington Northern Santa Fe Logistics Park at Alliance - Best Industrial Project: Del Monte Project at Railhead - Best Office Deal: Radio Shack Campus - Best Industrial in a Developed Real Estate Area: Cotton Beverage in Centrepoint Best Rehabilitated/Reuse Project: Village at Camp Bowie Council Member Davis added that it was important to note that three of the five projects were reviewed and supported by the City's Economic and Community Development Department and commended them on their outstanding efforts. Mayor Pro tempore McCloud announced that a tribute to Dr. Francine Morrison would be held on March 4, 2005 at 7:00 p.m. at the Community Arts Center in the Cultural District. He invited everyone to attend this event,which will honor one of Fort Worth's "ambassadors. Council Member Lane congratulated all the men and women who worked to make the Cowtown Marathon on February 26, 2005 such a great success. Withdrawn from There were no items removed from the consent agenda. Consent Agenda . CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 3 of 20 Continued/ City Manager Boswell requested that Mayor and Council Withdrawn By Communication No. G-14679 be withdrawn. Staff Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda was adopted unanimously. Presentations by There were no changes presented by the City Council in City Council memberships in the City's boards and commissions. Order Special City Secretary Hendrix stated that per direction provided by the Election on May City Council in the Pre-Council meeting, An Ordinance Ordering a 7, 2005, for Special Election by the Qualified Voters of the City of Fort Worth, Employee Texas, on Saturday, the 7th Day of May, 2005, on the Question of Association and Whether the City of Fort Worth Should be Authorized to Recognize Exclusive an Employee Association as a Sole and Exclusive Bargaining Bargaining Agent for the Municipal Police Officers and Authorizing the City of Agent for Fort Worth to Make Agreements with the Employee Association as Municipal Police Provided by Law, had been withdrawn in its entirety from Officers consideration. Withdrawn Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1469 There was presented Mayor and Council Communication No. OCS- Claims 1469 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14679 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-14679, Authorization for Condemnation of One Temporary Access and Construction Easement Across Lots 1, 2, and 3, Block 17, Texas & Pacific Railway Company's Addition, Near the Central Business District and Owned by Cleopatra Investments, Ltd. (DOE 4007), be withdrawn. CITY COUNCIL MEETING FORT WORTH,TEXAS MARCH 1, 2005 PAGE 4 of 20 G-14690 There was, presented Mayor and Council Communication No. G- Res. #3170-03- 14690, dated February 22, 2005, from the City Manager 2005 recommending that the City Council authorize the City Attorney to Ord. #16309-03- retain the law firm of Kelly, Hart & Hallman, P.C., as outside legal 2005 counsel, pursuant to Chapter Vi, Section 3 of the City Charter, for Authorize document production related to the Cabela's development project; Employment of adopt Resolution No. 3170-03-2005 authorizing the employment of Outside Legal outside legal counsel for assistance in the negotiation and Counsel for production of documents related to the Cabela's Development Cabela's Project; and adopt Supplemental Appropriation Ordinance No. Development . 16309-03-2005 increasing. appropriations in the Property and Project Casualty Insurance Fund in the amount of $50,000.00 and decreasing the Property and Casualty Insurance Fund balance by the same. amount, for the purpose of retaining Kelly, Hart & Hallman as outside legal counsel for document production related to the Cabela's Development Project. Council Member Lane made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14692 There was presented Mayor and Council Communication No. G- Lease 14692 from the City Manager recommending that the City Council Agreements for authorize the City Manager to execute lease agreements with Tech Tech Fort Worth Fort Worth tenants to occupy Tech Fort Worth, formerly the Formerly the gymnasium at the historic.James E. Guinn School. It. was the Guinn School consensus of the City Council' that the recommendation be Gymnasium adopted. G-14693 There Was presented Mayor and Council Communication No G- Transfer of DNA 14693 from the City Manager'recommending that the City Council Equipment to authorize the City Manager to transfer DNA equipment, including Texas one Genetic Analyzer, two Thermal Cycler#, one UV Clean Hood Department of and one Quantification Analyzer to the Texas Department of Public Public Safety Safety Crime Laboratory. It was the consensus of the City Council Crime that the recommendation be adopted. Laboratory G-14694. ..There was presented Mayor' and Council Communication No. G- Adopt 2005, 14694 from the City Manager recommending that the City Council Texas Municipal adopt the 2005 Texas Municipal League (TML) Legislative Program, League as amended; and authorize and direct appropriate City officials to Legislative send letters of support or to meet with state officials when Program appropriate to discuss the City's position on certain pieces of legislation as outlined in the TML program. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 5 of 20 G-14695 There was presented Mayor and Council Communication No. G- Reduce Building 14695 from the City Manager recommending that the City Council Setback from grant the request of Centurion American Development Group to Gas Wells in reduce the existing gas well building setback distance on lots 1, 2, Sendera Ranch 3 and 4 of block 6 in the Sendera Ranch Subdivision to one Subdivision hundred twenty-five feet from the Devon Energy #6-H wellhead. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14696 There was presented Mayor and Council Communication No. G- Ord. #16310-03- 14696 from the City Manager recommending that the City Council 2005 accept donations in the amount of $2,500.00 from the .Helen Irwin Donations to Littauer Educational Trust and $500.00 from Bank of America to Fund Fort Worth help underwrite the "2005 Outstanding Women of Fort Worth Commission for Awards Celebration and Dinner" and to produce materials to Women Projects promote the website for the Commission for Women; and adopt Appropriation Ordinance No. 16310-03-2005 increasing estimated receipts and appropriations in the Special Trust Fund in the amount of$3,000.00 as donations are received from the Helen Irwin Littauer Educational Trust and the Bank of America, for the purpose of funding activities, materials, and promotion of the Commission for Women. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted with appreciation. The motion carried unanimously. G-14697 There was presented Mayor and Council Communication No. G- Condemnation 14697 from the City Manager recommending that the City Council of Temporary declare the necessity of taking an interest in a portion of lots 1, 2 Access and and 3, block 17, Texas & Pacific Railway Company's Addition, City Construction of t=ort Worth, Tarrant County, Texas, near the Central Business Easement near District and Owned by Cleopatra Investments, Ltd (DOE 4007), and the Central authorize the City Attorney to institute condemnation proceedings Business to acquire the interest in the land. District and Owned by City Manager Boswell stated that the last.sentence of paragraph 2 Cleopatra in the Discussion section of the M&C needed to be amended to Investments, Ltd reflect the correct dollar amount as follows: "The anticipated two (DOE 4007) year duration of the project would result in a total payment of $78,000.00" instead of "$18,000.00". City Attorney Yett noted for the record that City staff recommended the Council approve the granting of authority to file this condemnation case. He stated that City staff had been in on-going CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 6 of 20 negotiations with the property owner and would continue with those negotiations with the hope of getting this resolved without having to file the case. However, the .City did need.to have the authority in-hand because of time deadlines, and this would give the City the ability to meet those deadlines. He further stated that it did not mean that the City could not try to resolve this issue. Ray Boothe Mr. Ray Boothe, 1223 South Main, representing Ms. Ola Assem, appeared before Council in opposition of granting the authority to file the subject condemnation case. He read a memorandum to the Council expressing the concerns of Ms. Assem relative to the period. of time that the temporary access and construction easement will be needed for the project and he added reasonable negotiation time had been irequested with the City. He asked that the Council take 'into consideration the mutual goals of both parties in order to accomplish the project, City Attorney Yett advised Mr. Boothe that the Texas Department of Transportation (TXDOT) was the government entity performing the work at the location and that the City had no direct control of the construction which made it difficult to make a commitment. He added that it was the City's desire to reach an agreement with Ms. Assem. Mr. Doug Rademaker, Engineering Department Director, stated that in coordination with the City Attorney's Office, the City had offered a definitive start date of May 1, 2005. He added that the date needed to be extended past the original one-year schedule because TXDOT's schedule shifted.. They anticipated a 12-month duration; however, the City received recent notification that the construction would now take 17 months. He further stated that TXDOT had not provided the City with a definitive start date for construction. Mr. Boothe also stated that extending the term of the easement from one year to two years would interfere. with construction of Ms. Assem's project. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation'be adopted as amended. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing to approve Mid-Year Amendments to FY 2004-2006 Crime Control and Prevention District budget for early implementation Projects., and adopt Appropriation Ordinance. Mayor Moncrief opened the public hearing and asked<if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 7 of 20 Ms. Susan Alanis, representing the Police Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14698 as follows: G-14698 There was presented Mayor and Council Communication No. G- Ord.#16311-03- 14698 from the City Manager recommending that the City Council 2005 approve a mid-year amendment of $2,186,289.00 to the FY 2004- Approve Mid- 2005 Crime Control and Prevention District budget 'for early Year implementation projects, and adopt Supplemental Appropriation Amendments to Ordinance No. 16311-03-2005 increasing appropriations in the FY 2004-2005 Crime Control and Prevention District (CCPD) Fund in the amount CCPD Budget of $2,186,289.00 and decreasing the reserved, undesignated fund for Early balance by the same amount for the purpose of funding various Implementation programs in the Police Department. Projects Richard Vickers Mr. Richard Vickers, 2400 Cypress, appeared before Council in support of the Mid-Year Amendments. He presented a briefing entitled "Peace Officer Mental Health Tool Kit". He proposed that the City add a De-escalation Communication course to Police Officer training. There being no one else present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G-14698 be adopted. The motion carried unanimously. G-14699 There was presented Mayor and Council Communication No. G- Ord. #16312-03- 14699 from the City Manager recommending that the City Council 2005 accept monetary donations in the amount of $4,000.00 from the Accept Funds Wal-Mart Foundation; accept a monetary donation in the amount of from Wal-Mart $2,250.00 from the Sam's Club Foundation; and adopt Foundation and Appropriation Ordinance No. 16312-03-2005 increasing estimated Sam's Club receipts and appropriations in the Special Trust Fund in an amount Foundation for up to $6,250.00 as donations are received from the Wal-Mart Fire Department Foundation and Sam's Club Foundation, for the purpose of funding equipment and/or furnishings for Fort Worth Fire Stations 7, 19, 23, and 30. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted with appreciation. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 8 of 20 G-14700 There was presented Mayor and Council Communication No. G- Ord. #16313-03- 14700 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16313-03-2005 amending the Code of the City Adopt of Fort Worth (1986), as amended, by the amendment of Chapter Swimming Pool/ 16, "Health Sanitation", Article XVIII "Public Swimming Pools"; Spa Ordinance renaming the Article XVIII to be "Public Swimming Pools and Revising Spas"; amending such article to update and comply with current Chapter 16 state health and safety standards; renumbering sections "Health and throughout this ordinance. Council Member Lane made a motion, Sanitation" of seconded by Council Member Silcox, that the recommendation be City Code adopted. The motion carried unanimously. G-14701 There was presented Mayor and Council. Communication No. G- Reject 14701 from the City Manager recommending that the City Council Proposals from reject all outside proposals from Golf Course Management Golf Course Companies for the management of Fort Worth Golf; support Management continued City operation of the five municipal golf courses; Companies and authorize City staff to begin Parks and Community Services Approve Future Department operation of the food and beverage concession at the Management end of the current contract period in September 2005; and and Operation of authorize the addition of one permanent position to oversee the Fort Worth Golf food and beverage operation. Council Member Davis made a by City of Fort motion, seconded by Council Member Silcox, that the Worth recommendation be adopted. The motion carried unanimously. G-14702 There was presented Mayor and Council Communication No. G- 14702 Res. #3171-03 from the City Manager recommending that the City Council authorize 2005 the City Attorney to retain the 'law firm of Kane Russell Coleman & Ord. #16314-03- Logan, P.C., as outside legal counsel, pursuant to Chapter VI, Section 2005 3 of the City Charter, for marketing assistance related to the terms and Employment of conditions of an incentive program with Texas Motor Speedway, Inc., Outside Legal and the Fort Worth Convention and Visitors' Bureau regarding a Counsel for second NASCAR NEXTEL Cup Race; adopt Resolution No. 3117'1-03- Assistance 2005 authorizing the employment of outside legal counsel for Related to assistance'related to'a marketing incentive program with Texas Motor Marketing` Speedway; Inc., and the Fort Worth Convention and Visitors Bureau; Incentive and adopt Supplemental Appropriation Ordinance No. 1.6314-03-2005 Program with increasing appropriations in the Property and Casualty Insurance Texas Motor. in the amount of$60,000.00 and decreasing the Property and Speedway, Inc. Casualty Insurance f=und balance by the same amount, for the purpose and the Fort of retaining Kane Russell` Coleman & Logan, P.C., as outside legal Worth counsel for marketing assistance related to the terms and conditions Convention and of an incentive program with Texas Motor Speedway, Inc., and the Fort Visitors Bureau Worth Convention and Visitors Bureau regarding a second NASCAR NEXTEL Cup Race. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 9 of 20 City Manager Boswell stated that the ordinance needed to be amended in both the ordinance caption, second line, and in Section 1, third line, to change the amount from "50,000.00" to read 44$25,000.00." Council Member Picht expressed opposition to the proposal of authorizing an annual expenditure of $500,000.00 for the next 20 years for marketing of the Texas Motor Speedway that will come out of additional taxes such as Hotel/Motel taxes. He added that when the City invested the ten to twelve million dollars initially in the Speedway, it neglected to get a marketing agreement at that time. Council Member Davis stated that this M&C was not authorizing the expenditure; it was to approve the employment of outside legal counsel to assist the City in evaluating the proposal. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted as amended. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Member Picht ABSENT: None P-10099 There was presented Mayor and Council Communication No. P- Sig Sauer 10089 from the City Manager recommending that the City Council Pistols authorize a purchase agreement for Sig Sauer Pistols with Barney's Police Supplies for the Police Department based on low bid, freight included, with payment due 30 days after receipt of invoice; authorize this agreement to begin March 1, 2005 and expire February 28, 2006, with options to renew for two additional one-year periods; and authorize the City Manager to execute interlocal agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 799, "The Interlocal Cooperation Act". It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT!NORTH, TEXAS MARCH 1, 2445 PAGE 10 of 20 P-10100 There was presented Mayor and Council Communication No. P-10100 Ord. #15315-03- from the .City Manager recommending that the City Council adopt 2005 Appropriation Ordinance No. 15315-03-2005 increasing estimated Procurement of receipts and appropriations in the Information Systems Capital Computers, Project Fund in the amount of $4,700,000.00 to be obtained through Servers and the City's Equipment Note Program.approved on September 28, 1999, Peripheral (M&C G-12681), Ordinance 13954 and amended on March 30, 2004, Equipment and (M&C C-20013), for the purpose of funding purchase agreements Software using State of Texas Department of Information Resources contracts with Dell Marketing, L.P., Hewlett Packard, and Softwarehouse International/Government .Solutions, Inc., for the procurement of computers, servers, peripheral equipment, and software for the Information Technology Solutions. Department; authorize purchase agreements for the procurement of computers, servers and peripheral equipment and software with Dell Marketing, LP, Hewlett Packard, Hewlett Packard designated resellers and Softwarehouse International/Government Solutions Inc., for the Information Technology Solutions Department using State of Texas Department of Information Resources contracts; and authorize the purchase agreements to be effective for the term and renewal terms as defined by the individual contracts entered into between Dell Marketing, LP, and State of Texas Department of Information Resources, between Hewlett Packard and State. of Texas Department of Information Resources and between .Softwarehouse International/Government Solutions Inc., and State of Texas Department of Information Resources through December 31, 2008. It was the consensus of the City Council that the recommendation be adopted. P-10101 There was presented Mayor and Council Communication No. P- Interpreter 10101 from the City Manager recommending that the City Council Services authorize a purchase agreement for. interpreter services with Language Line Services for the City of Fort Worth; and authorize this agreement to begin.March 1, 2005 and expire February 28, 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-14038 There was presented Mayor and Council Communication No. L- Perma'nent 14038 from the City Manager recommending that the City Council Sanitary Sewer authorize the acquisition of one permanent sanitary sewer easement Easement and and one temporary construction easement described as part of Lot Temporary 2R, Block 1, Orion Park Section One, Tarrant County, Texas from Construction Arlington Independent School District located in East Fort Worth Easement required for the construction of Main 244 A - Parallel Relief Sewer (DOE 3295) for a total cost of$1,000.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 11 of 20 L-14039 There was presented Mayor and Council Communication No. L- Five Permanent 14039 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of five permanent sanitary sewer Easements and easements and four temporary construction easements described Four Temporary as part of S.P. Loving Survey, Abstract 943; part of Lot 15, Block 58, Construction Ryan Southeast Addition; part of Lot 22, Block 58 Ryan Southeast Easements Addition, and part of Lot 27, Block 53, Ryan Southeast Addition, Tarrant County, Texas, from George Papillard, CES Services, Ltd., Vergia Baker, and Mount Rose Baptist Church, respectively, for a total cost of $9.00 in order to repair, replace and reroute old sewer lines northeast of the intersection of Berry Street and IH35 in Southeast Fort Worth (DOE 3569). It was the consensus of the City Council that the recommendation be adopted. L-14040 There was presented Mayor and Council Communication No. L- Permanent 14040 from the City Manager recommending that the City Council Utility and approve acceptance of one permanent utility and drainage Drainage easement, one permanent water line easement and two temporary Easement, construction easements described as part of Lot 11, Block 135, Permanent.. North Fort Worth Townsite Company's Addition, and part of Wafer Main Benjamin .Thomas Survey, Abstract 1497, and G. Walters Survey, Easement and Abstract 1696, Tarrant County, Texas from Maria Lopez and Rupert Two Temporary Street 1, L.P., needed for the construction of a 54-inch water main Construction from the Holly Water Treatment Plant to Northside Drive, (DOE Easements 4120), for a total cost of $20.00. It was the consensus of the City Council that the recommendation be adopted. L-14041 There was .presented Mayor and Council Communication No. L- Permanent 14041 from the City Manager recommending that the City Council Water Main approve the acceptance of a permanent water main easement and a Easement and permanent sanitary sewer line easement described as Lot 1, Block Permanent 1, Lake Worth Unified, Tarrant County, Texas, from Lake Worth Sanitary Sewer United Methodist Church for a Sanitary Sewer Rehabilitation Project Line Easement (DOE 4352), needed for the construction, operation and maintenance of water and a sanitary sewer line to serve the Lake Worth United Methodist Church for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-14042 There was presented Mayor and Council Communication No. L- Permanent 14042 from the City Manager recommending that the City Council Sanitary Sewer authorize acquisition of one permanent sanitary sewer easement Easement and and one temporary construction easement described as William Temporary Welch Survey, Abstract No. 1668, Tarrant County, Texas from Mark Construction J. and Kelli G. Teinert, located in east Fort Worth required for the Easement construction of Main 244A-Parallel Relief Sewer (DOE 3295), for a CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 12 of 20 total cost of $2,100.00. It was the consensus of the City Council that the recommendation be adopted. L-14043 There was presented Mayor and Council Communication No. L- Accept 28.842 1.4043 from the City Manager recommending that the City Council Acres. of accept the dedication of 28.842 acres of parkland and facility Parkland and improvements from RH of Texas Limited Partnership for .Heritage Facility Glen Addition in accordance with the Neighborhood and Improvements Community Park Dedication Policy. It was the consensus of the for Heritage City Council that the recommendation be adopted. Glen Addition C-20542 There was presented Mayor and Council Communication No. C- JLB Contracting, 20542 from the City Manager recommending that the City Council LP authorize the City Manager to execute a contract with` JLB Contracting, LP, in the amount of $933,665.15 for 115 working days for HMAC Surface Overlay 2005-2 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20543 There was presented Mayor and Council Communication No. C- Peachtree 20543 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Peachtree Ltd Construction, Ltd, in the amount of $760,001.00 for 85 working days for HMAC Surface Overlay 2005-3 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20544 There was presented. Mayor and Council Communication No. C- Viking 20544 from the City Manager recommending that the City. Council Construction, authorize the City Manager to execute a contract with Viking Inc. Construction, lnc., .in the amount of$753,352.00 for 55 working days for Micro-Surfacing 2005-17 at Various Locations. It. was the consensus of the City Council that the recommendation be adopted. C-20545 There was presented Mayor and Council Communication No. C- Vegetation 20545 from the City Manager recommending that the City Council Management authorize the City Manager to execute a contract with Vegetation Specialist, Inc. Management Specialist, Inc., in the amount of $66,184.18 for one year, commencing upon the date of execution, with the option to renew for up to two additional' one-year terms based upon satisfactory performance for the 2005 Herbicide Treatment Program (2005-1). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 13 of 20 C-20546 There was presented Mayor and Council Communication No. C- Amendment#7 20546 from the City Manager recommending that the City Council to Project authorize the City Manager to execute Amendment No. 7 to the SH Management 121 (Southwest Parkway) project management contract with Prime Contract with Strategies, Inc., in the amount of $2,690,009.00. It was the Prime consensus of the City Council that the recommendation be Strategies, Inc. adopted. C-20547 There was presented Mayor and Council Communication No. C- H. J. Clifton, Sr. 20547 from the City Manager recommending that the City Council authorize the City Manager to execute a lease extension for office space located at 2001 East Loop 820 South from H. J. Clifton, Sr., at a cost of $7,800.00 per year; and approve the lease extension term of one year beginning March 1, 2005 and expiring February 28, 2006, with two options to renew for one year each. It was the consensus of the City Council that the recommendation be adopted. C .20548 There was presented Mayor and Council Communication No. C- Amendment to 20548 from the City Manager recommending that the City Council CSC #28857, approve an amendment to City Secretary Contract 28857 with Public Public Safety Safety Consultants, Inc., to extend their services until the Consultants, Inc. completion of the Police Records Management System. It was the consensus of the City Council that the recommendation be adopted. C-20549 There was presented Mayor and Council Communication No. C- Change Order#1 20549 from the City Manager recommending that the City Council to CSC #29949, authorize the City Manager to execute Change Order No. 1 to City Tri-Tech Secretary Contract No. 29949, a construction contract with Tri-Tech Construction, Construction, Inc., for the construction of the Lake Worth South Inc. Shore Gravity Sewer Improvements, in the amount of $46,769..00 thereby increasing the contract amount to $916,555.00. It was the consensus of the City Council that the recommendation be adopted. C-20550 There was presented Mayor and Council Communication No. C_ Ord. #16316-03- 20550 from the City Manager recommending that the City Council 2005 authorize the City Manager to enter into an interlocal agreement Ord. #16317-03- with the Tarrant Regional Water District, not to exceed $30,000.00, 2005 for the construction of the Trinity Park Looped Trail; adopt Tarrant Regional Appropriation Ordinance No. 16316-03-2005 increasing estimated Water District receipts and appropriations in the Special Trust Fund in the amount of $10,000.00 from available funds for the purpose of funding a transfer to the Park Improvements Fund; approve the transfer of $10,000.00 from the Special Trust Fund to Park Improvements Fund; and adopt Appropriation Ordinance No. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 14 of 20 16317-03-2005 increasing estimated receipts and appropriations in the Park Improvements Fund, in the amount of $10,000.00. from available funds for the purpose of funding an interlocal agreement with Tarrant Regional Water District for the construction of a Looped Trail in Trinity Park. It was the consensus of the City Council that the recommendation be adopted. C-20551 There was presented Mayor and Council Communication No. C- Monte M. 20551 from the City Manager recommending that the City Council Mitchell approve a five-year Municipal Property Tax Abatement for a .property located at 7220 Craig. Street owned by Monte T. Mitchell in the Handley Neighborhood Empowerment Zone (NEZ); find that the statements . set forth in the recitals of the Tax Abatement Agreement with Monte Mitchell are true and correct; and authorize the City Manager to enter into a Tax Abatement Agreement with Monte Mitchell for 7220 Craig Street in the Handley NEZ in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Wheatfall made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfail, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None C-20552 There was presented Mayor and Council Communication No. C- Ord. #1.6318-03- 20552 from the City. Manager recommending that the City Council 2005 approve the Joint Ordinance and Boundary Agreement with the City of City of Westworth Village to adjust the boundary between Fort Westworth. Worth and Westworth .Village, City of Fort Worth Ordinance No. Village 16318-03-2005, along State Highway 183 in connection with the Leonard Oaks development; and authorize the Mayor to execute the Joint Ordinance and Boundary Agreement. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 15 of 20 Zoning Hearing It appeared to the City Council that a Notice of Public Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, February 7, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be hoard. ZC-04-0478 Mayor Pro tempore McCloud made a motion, seconded by Council Approved Member Davis, that the application of Samaritan Housing Properties, Inc., for a change in zoning of property located at 1000 block of Hemphill Street from "E" Neighborhood Commercial, to "PD/MU-1" Planned Development(Low Intensity Mixed-Use, subject to_architectural design per the submitted elevation rendering and site plan waiver recommended, Zoning Docket No. ZC-04-047R, be approved. The motion carried unanimously. ZC-04-298 It appeared that the City Council, at its meeting of February 1, 2005, Denied continued the hearing of the application of Bill J. Markham for a change in zoning of property located at 3613 Thompson Road from "PD-427" Planned Development to "I" Light Industrial, Zoning Docket No. ZC-04-298. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Bob West Mr. Bob West, 301 Commerce Street, Suite 3500, representing the applicant, appeared before Council in support of the zoning change. He provided background on the zoning change and requested Council's favorable consideration. Dale Heflin Mr. Dale Heflin, 3625 Thompson Road; appeared before Council in opposition of the zoning 'change. He stated that he lived next to this property and provided pictures of electrical salvage being stored on the property. He added that runoff from an aerobic sewer system on the subject property now runs across his property and eventually into the schoolyard. He further stated that the odor from the sewer was barely tolerable and that the sewer had polluted a pond on his property that was once used for fishing. He provided Council with a listing of signatures from neighbors also opposed to this zoning change and requested the Council deny the zoning request. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 200.5 PAGE 16 of 20 Mike Mitchell. Mr. Mike Mitchell, 3781 Thompson Road,.appeared before Council in opposition of the zoning change. He stated that he also owned property in the area and that the zoning change would negatively impact sale of the property because of the odors and unsightly appearance. He echoed Mr. Heflin's comments and requested the Council deny the zoning change. Council Member Lane expressed concern that a health issue had been raised and asked staff if the City issued permits for aerobic systems. Mr. John Garfield, representing the Development Department, stated that septic and waste systems were regulated by the Tarrant County Health Department. Mr. West advised the Council that the aerobic system was a permitted system. Council Member Lane stated that he was very cautious to tell a person he could not use his property the way he wanted to; however,he also must be sensitive to any concerns of surrounding property owners. A short deliberation between Council Member Lane, Mr. West, and Mr. Heflin ensued relative to conducting a meeting with the neighbors to reach a compromise or that the zoning case be voted at this time. Mr. Markham spoke from the audience and requested the Council vote on the zoning change at this time. There being no one else present desiring to be heard in connection with the application of Bill J. Markham, Council Member Lane made a motion, seconded by Council Member Haskin, that the Zoning Hearing be closed and that Zoning Docket. No. ZC-04-298 be denied. The motion carried unanimously. ZC-05-004 . It appeared that the City Council, at its meeting of February 22, Denied' 2005, continued the hearing of the application of Susan Hedary for a change in zoning of property located at 2929 .Cleburne Road from "E" Neighborhood Commercial to '"PD/SU" Planned Development/ Specific Use for all uses in "E" Neighborhood Commercial plus residence living area and waiver of site plan requested, Zoning Docket No. ZC-05-004. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 17 of 20 John Torres Mr. John Torres, 1016 Woodland Avenue, representing Ms. Hedary, appeared before Council in support of the zoning change. He presented handout information to the Council showing the number of police calls to this property, which had been raised on this request at the last Council meeting. He read letters from neighbors who supported the zoning change. He added that Ms. Hedary's efforts were to rezone the business on this property to an apartment complex. Susan Hedary Ms. Susan Hedary, 1825 NW 20th Street, was recognized by Mayor Moncrief but did not wish to address the Council. (Council Member Wheatfall stepped away from the dais.) John Belknap Mr. John Belknap, 2944 James Avenue, appeared before Council in opposition of the zoning change. He stated that the statements read by Mr. Torres were from individuals who had lived in rental property for the past few years and were not aware of any of the problems that he has seen on the subject property over the years he has lived near this property. He added that noise and disturbances occur after business hours and that he had complained to the Police Department on numerous occasions about the fights, yelling, and parties on the deck of the structure. He requested the zoning change be denied. (Council Member Wheatfall returned to his chair at the dais.) Dan Roberts Mr. Dan Roberts, 2934 5th Avenue, President of the Ryan Place Neighborhood Association, appeared before Council in opposition of the zoning change. He stated.that there had been a tremendous amount of Police Department and Code Compliance activity at this location. There being no one else present desiring to be heard in connection with the application of Susan Hedary, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-004 be denied. The motion carried unanimously. ZC-05-021 It appeared that the City Council, at its meeting of February 22, SP-05-005 2005, continued the hearing of the application of Waste Approved Management of Texas, Inc., for a change in zoning of property located at 12200 West Freeway from "AG" Agricultural to "PDISU" Planned Development/Specific Use, for a Refuse Transfer Station CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2006 PAGE 18 of 20 and site.plan required,Zoning Docket No. ZC-05-021 and Site Plan No. SP-05-005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Rob Green Mr. Rob Green, 3821 Monticello, representing Walsh Ranches, LP., appeared before Council in support of the zoning change. Jim Tidwell Mr. Jim Tidwell, 11712 Wind Creek Court, President of the Lost Creek Homeowners' Association, appeared before Council in support of the zoning change. He stated that Waste Management of Texas, Inc., chose to go forward with the transfer station in violation of an agreement made in with the neighborhood in 1997. He requested that, because of the neighborhood's history with Waste Management, that City ensure that the stipulations of the zoning ordinance,be enforced and that Waste Management agree to enforcement by the City. Pat Remington Mr. Pat Remington, 777 Main Street, an attorney representing Waste Management of Texas, Inc., appeared before Council in support of the zoning change. He stated that the company was committed to open communication. with the neighborhood. Gary Hogan Mr. Gary Hogan, 2117 Roll ing Creek Run, President of the Chapel Creek Neighborhood Association, appeared before Council in support of the zoning change. He expressed appreciation to the Council for working with them on this agreement; however, he wished the transfer station would not be located in their backyards. City Attorney Yett assured Mr. Tidwell that the City would enforce the ordinance just as it did with all ordinances. He added that there may be an issue over disagreement of facts, but issues could be worked out to the satisfaction of everyone involved. There being no one else present desiring to be heard in connection with the application of Waste Management of Texas, Inc., Council Member Silcox`'made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-021 and Site Plan No. SP-05-005 be approved with appreciation to all parties involved. The motion carried unanimously. There being no one present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Silcox made a motion, seconded by Council Member Stevenson, that the hearing be `closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2006 PAGE 19 of 20 ORDINANCE NO. 16319 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 Ms. Emma Sharp, 6709 Fursman Street, appeared before Council Presentations relative to no sidewalks on Fursman Street. She expressed Emma Sharp concern that the children were playing in the street and that the sidewalk would provide them a safer place to play. Council Member Stevenson thanked Ms. Sharp for attending the Council meeting and stated that the sidewalk problem was not limited to Fursman Street. He asked that she meet with Robert Goode, Transportation/Public Works Director, after the meeting to discuss this issue and best ways to resolve the sidewalk and parking situation. Alex Brasfield Miss Alex Brasfield, 7700 Randol Mill Road, appeared before Council relative to lack of enforcement by Police and Code Compliance Departments relative to illegal signs, speeding, and 18- wheeler traffic. Tom Brasfield Mr. Tom Brasfield, 7700 Randol Mill Road, appeared before Council relative to lack of enforcement by Police and Code Compliance Departments on the above referenced items as well as regarding an assault complaint he had filed with the City's Police Department. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 1, 2005 PAGE 20 of 20 Sharon Brown Ms. Sharon Brown, 2713 Greenlee Street, was acknowledged by Mayor Moncrief but was not present in the Council Chamber to address the Council. .Camille Drinan Ms. Camille Drinan, 5737 Fair Wind.Street, appeared before Council relative to preservation of trees in the City. Adjournment There being no further business, the meeting was adjourned at 9:04 p.m. These minutes. approved by the Fort.Worth City Council on the 8th day of March, 2005., Attest:. . Approved: Marty He ix Michae J. M nc City Secretary Mayor