Loading...
HomeMy WebLinkAbout2005/04/26-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 Date & Time On the 26�h day of April, A.D., 2005, the City Council of the City of .Fort Worth, Texas, met in regular session at 90:25 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Donavan Wheatfall was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Carol West, Celebration Community Church. Pledge The Pledge of Allegiance was recited. (Council Member Stevenson stepped away from the dais.) Minutes On motion of Council Member Haskin, seconded by Council Member Davis, the minutes of the regular meeting of April 99, 2005, were approved unanimously. Special Council.Member Silcox presented a Proclamation for Child Abuse .Presentations Prevention Month to Ms. Bonnie Armstrong, President and Co- Founder of the Fort Worth Shaken Baby Alliance. (Council Member Stevenson returned to his chair at the dais.) Council Member Haskin presented a Proclamation for Arbor Day to Ms. Melinda Adams, City Forester. Ms. Adams introduced Mr. Courtney Blevins, representingq the Texas Forestry Service, who. presented the City with its 26t Annual Tree City USA award and flag, and the 6 '' Annual Tree Growth award. Mayor Pro tempore McCloud presented a Proclamation for Small Business Week 2005 to Ms. Catherine Simpson, Executive Director of the Fort Worth Women's Business Center. Announcements Mayor Pro tempore McCloud expressed appreciation to the countless agencies that participated in the very successful African American Health Fair on April 23, 2005, at O.D. Wyatt High School. Messers Jeff Empante and Harvey Roberts, members of the West Meadowbrook Neighborhood Association, stated they participated . in. a special event on April 96, 2005, along with representatives from the East Division of the Police Department, Fire Department, CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 2 of 28 and east side churches to raise awareness of crime in the area. The event resulted in the recrultment of 23 new members of the Citizens on Patrol (COPS) and raised over $1,000.00 for the Police and Fire Memorial. Council Member Haskin stated there was an alarming rate of gang violence in her district and encouraged District 4 residents to attend the final meeting of the Woodhaven Redevelopment Program on April 27, 2005, at 6:00 p.m. at the East Regional Library. She also announced that the Tarrant County Foster Parent Association would conduct a special balloon release on May 4, 2006, at the new Radio Shack Campus at noon. She stated that each balloon .released would represent one child in foster care and that black balloons would represent the children who did not make it to foster care. Council Member Lane stated that everyone had been asking about his Council aide Patsy Steele. He added that Patsy was at home caring for her husband Jerry who had a heart attack. He said that Patsy was working from her home and extended get-well wishes to Jerry. He also announced that District 2 would hold a Roast for him on April 29, 2005, at 6:00 p.m. at the Marine Theater.. He said that anyone could attend, but there was a cost to roast him and that money would be used for a new projector at the theater. He encouraged everyone to attend and support the theater. Council Member Haskin extended a Happy 20th Birthday to her daughter, Marley, whose birthday would be on April 29, 2005. Withdrawn from City Manager Boswell requested that Mayor and Council Consent Agenda Communication No. C-20672 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 Silcox, seconded by Council Member Davis, the consent agenda, as amended, 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. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2006 PAGE 3 of 28 Res. #3195-04- There was presented Resolution No. 3195-04-2005 directing the 2005 City Manager to finance, utilizing a combination of bond funding Utilize and other debt instruments, the construction of three fire stations Combination in the far north and northwest part of the City. Bond Funding and Other Debt A presentation was made on the construction of these stations by Instruments for Assistant City Manager Joe Paniagua. Construction of Three Fire Council Member Stevenson provided comments on the need for Stations in Far these stations at the proposed locations. North and Council Member Picht indicated his support for the resolution; Northwest Part however, he emphasized the need for the Council and City.staff to of City do a better job of planning and determining where City facilities need to go in areas of rapid growth in the City. Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the resolution be adopted. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1481 There was presented Mayor and Council Communication No. OCS- Claims 1481 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages Wand/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1482 There was presented Mayor and Council Communication No. OCS- Tarrant County 1482 from the Office of the City Secretary recommending that the Election City Council authorize payment to Tarrant County in the remaining Services for amount of $87,875.16 for election services provided during the February 5, February 5, 2005, Fort Worth Crime Control and Prevention District 2005, CCPD (CCPD) election. Council Member Silcox made a motion,seconded Election by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14761 There was presented Mayor and Council Communication No. G- Ord. #16394-04- 14761 from the City Manager recommending that the City Council 2005 adopt Appropriation Ordinance No. 16394-04-2005 increasing Payment to appropriations in the Culture and Tourism Fund in the amount of North Texas $15,000.00 and decreasing the Unreserved, Undesignated Fund Cutting balance by the same amount, for the purpose of funding a payment Champions Club to the North Texas Cutting Champions Club; and authorize a CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 4 of 28 payment of $40,000.00 to the North Texas Cutting Champions Club of which $25,000.00 will be funded by Special Marketing Fund. It was the consensus of the City Council that the recommendation be adopted. G-14762 There was presented Mayor and Council Communication No. G- Condemnation 14762 from the City Manager recommending that the City Council of Properties on declare the necessity of taking an interest in the properties for West Side of public use on the west side of Fort Worth Meacham International Fort Worth Airport for the Noise Mitigation Program (DOE 3932) in the Worth Meacham Hills Addition, and authorize the City Attorney to institute International condemnation proceedings to acquire the interest in the Airport for Noise properties: Mitigation Program Owner Address Legal Description 011ie Davis 3314 Pearl Avenue Lot 17; Block 8 Joann Sash 3321 Pearl Avenue Lot 11, Block 9 Richard Scott .3311 Pearl Avenue Lot 6, Block. 9 Irene Oyenekan 3400 Pearl Avenue Lot 20, Block 6 Charles Greathouse 3414 Pearl Avenue Lot 13, Block 6 Major.Moore 3405 Pearl Avenue Lot 3, Block 5 Geneva Stevenson 3404 Chestnut Lot 18, Block 5 James Hewitt et al. 3412 Chestnut Lot 14, Block 5 James Hewitt et al. 3414 Chestnut Lot 13, Block 5 James Hewitt et al. 3416 Chestnut Lot 12, Block 5 James Hewitt et al. 3416 Chestnut Lot 11, Block 5 J. Harden Estate 3516 Chestnut Lot 2, Block 4 It was the consensus of the City Council that the recommendation be adopted. G-14763 There was presented Mayor and Council Communication No. G- Ord. #16395-04W 14763 from the City Manager recommending that the City Council 20.05 approve Ordinance No. 16395-04-2005 amending City Ordinance Amend Ord. No. 15819, by decreasing from one hundred (100) to twenty (20) the #15819 for number of shuttles which SuperShuttle DFW Corporation is Reduction of authorize to operate upon the public streets, alley and Number of thoroughfares of the City; providing that the findings and Shuttles recitations contained in the preamble are the findings of the City SuperShuttle Council; providing for written acceptance of this .ordinance by DFW SuperShuttle DFW Corporation. It was the consensus of the City Corporation. is Council that the recommendation be.adopted. Authorized to Operate CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 6 of 28 G-14764 There was presented Mayor and Council Communication No. G- Ord. #16396-04- 14764. from the City Manager recommending that the City Council: 2005. 1." Accept donations from the following organizations totaling $21,025.00 for the Cowtown Brush up 2005 Paint Program; and Donor Amount State Farm $4,000.00 Colonial Savings $2,000.00 Ford Motor Credit $2,000.00 Providian Financial $2,000.00 Xerox Corporation $2,500.00 Aeristo $ 600.00 Ben E. Keith $1,000.00 Burlington Northern Santa Fe $1,000.00 Coors Distributing $ . 600.00 CI-12M Hill, Inc. $ 500.00 Global Group $ 500.00 Omni Credit Union $ 500.00 Printing Plus $ 500.00 Sedelco Construction Services $ 500.00 Specialty Packaging $ 500.00 Sprint PCS $1,000.00 Wa-.Mart#1455 $1,(#00.00 Carmen Rios $ 100.00 Cochise Cash $ 25.00 Dr. and Mrs. David J. Brigati $ 100.00 Dr. Patrick Walsh $ 100.00 Implementing Decisions $ 100.00 Tarrant County Credit.Union $ 100.00 2. Adopt Appropriation Ordinance No. 16396-04-2005 increasing estimated receipts and appropriations in 'the Special Trust Fund in the amount of $21,025.00 from available funds for the. purpose of funding the Cowtown Brush Up 2005 Paint Program, Council Member Davis made a motion, seconded by Mayor Pro tempore 'McCloud, that the recommendation be adopted with appreciation. The motion carried unanimously. Council Member Davis expressed appreciation to everyone that contributed to the Paint Program. She stated that some business owners may not have knowledge of the opportunity to contribute to the program and asked City staff to provide some education to .City businesses. CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 26, 2005 PAGE 6 of 28 G-14765 There was presented Mayor and Council Communication No. G- Settlementof 14765 from the City Manager recommending that the City' Council Claims in authorize a total payment of $750,000.00 in the lawsuit styled, Lawsuit Styled, Stephanie Dukes, et al. v. Philip Johnson/Alan Ritchie Architects, Stephanie P.C., et al., Cause Number 141-207538-04 in settlement of all claims Dukes, et al. v. against the City of Fort Worth; authorize the payment of reasonable Philip Johnson/ Guardian Ad Litem Fees, as determined by the Court; and Alan Ritchie authorize the appropriate City representatives to execute the Architects, P.C., documents necessary to complete the settlement. Council Member et al., Cause Davis made a motion, seconded by Council Member Stevenson, Number 141- that the recommendation be adopted. The motion carried by the 207538-04 following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Stevenson, and Davis NOES: Council Member Picht ABSENT: Council Member Wheatfall Council Member Lane extended condolences to the families of those who lost their lives at the Water Gardens on June 16, 2004. He commended the City Attorney's Office on the compassionate way they handled the lawsuit. Council Member Stevenson stated that he was very supportive of this settlement and that the tragedy was a great loss of life, with much sadness. He asked that a moment of silence be observed in honor of those lost lives. Mayor Moncrief stated that the City Attorney's Office never forgot to be compassionate- during settlement proceedings. He added that the families would remain in the City's prayers and that the lives of those lost would be memorialized. G-14766 There was presented Mayor and Council Communication No. G- Res. #3196-04- 14766 from the City Manager recommending that the City Council 2006 authorize the City Attorney to file any and all lawsuits pursuant to Authorize City Chapter 54 of the Texas Local Government Code as necessary to Attorney to File enforce the.City ode and State statutes and to Suits Pursuant to y prevent further Chapter Pursuant 54 a violations of City ordinances and State statutes; authorize the City Texas Local Attorney to file nuisance abatement lawsuits pursuant to Chapter Government Code 125"of the Texas Practice and Remedies Code against persons that and Chapter 125 maintain or engage in a common or public nuisance within the City of Texas Civil of Fort Worth, and adopt Resolution No. 3'196-04-2005 authorizing Practice and the City Attorney to file suits against Violators of City ordinances Remedies Code and State statutes affecting municipal health and safety pursuant CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 7 of 28 to Chapter 54 of the Texas Local Government Code and Chapter 125 of the Texas Civil Practice and Remedies Code. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. At the request of Council Member Picht, City Attorney Yett explained this item and the need. for the authority. G-14767 There was presented Mayor and Council Communication No. G- Adopt Gas Well 14767 from the City Manager recommending that the City Council Revenue adopt the Gas Well Revenue Distribution Policy, a financial policy Distribution that addresses the management and distribution of revenues Policy received from gas well leases on City property. Joe Waller Mr. Joe Waller, 2533 Castle Circle, representing the South Lake Worth Neighborhood Association, appeared before Council in support of the policy. He added that there would be opportunity to fix up Lake Worth that could bring needed economic development to the area. He expressed appreciation to Assistant City Manager Dale Fisseler and Doug Rademaker, Engineering Department Director, for their work on this issue. City Attorney Yett stated that the discussion section of the M&C needed to be amended as follows: a. Add at the end of paragraph 2: "...the applicable fund or the fund established for the department that owns or manages the land where the gas well leases are located. Bonuses shall be recorded as follows:" b. Paragraph 3: Add after "...royalties to...", "...the applicable fund or the fund established for..." Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted as amended. The motion carried unanimously. G-14768 There was presented Mayor and Council Communication No. G- Approve 14768 from the City Manager recommending that the City Council Extension of approve an extension of injury leave-of-absence pay benefits for Injury Leave-of Police Officer James Nickel. Council Member Silcox made a Absence Pay motion, seconded by Council Member Davis, that the Benefits for recommendation be adopted. The motion carried unanimously. Police Officer James Nickel CITY COUNCIL, MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 8 of 28 0-14769 There was presented Mayor and Council Communication No. G- Continued for 14769 from the City Manager recommending that the City Council Two Weeks accept from Cardiac Science the donation of an adequate number of Automated External Defibrillators (AED's) to protect employees of, and visitors to, City facilities. Council Member Picht made a motion to continue Mayor and Council Communication Nos. G-14769, G-14770, and C-20681 for two weeks to allow the Council to have a more extensive briefing on the issues. The motion failed for lack of a second. There was further deliberation by the Council in proceeding with M&C G-14769 and M&C C-20681 and delaying M&C G-14770 for two weeks. Carl Langley Mr. Carl Langley, 725 Putter Drive, appeared before Council in support of AED donations. He advised the Council of the importance of having AEDs available to respond to emergencies and added that an AED unit had saved his life. A lengthy discussion ensued amongst the Council relative to presumed obligations of the City as a result of the donation. City Attorney Yett stated that acceptance of the donation did not obligate the City to enter into a contract. However, the City did have the authority to award a. sole source contract without going through the competitive bid process. Council Member Davis made a motion, seconded by Council Member Stevenson, that the Council reconsider the original motion made by Council Member Picht. The motion carried unanimously. Council Member Picht made a motion., seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication Nos. G- 14769, G-'14770, and C•20681 be continued for two weeks. The motion carried unanimously. G-14770 There was presented Mayor and Council Communication No. G- Continued for. . 14770 from the City Manager recommending that the City Council Two Weeks adopt an ordinance adjusting the.total number of authorize civil service positions in the Fire Department for Fiscal Year 2004-2005; providing for the creation of one additional engineer position; providing a statement of purpose and intent; and. adopt a Supplemental Appropriation Ordinance increasing appropriations . CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 9 of 28 in the General Fund in the amount of $97,575.00 and decreasing the Unreserved, Undesignated General Fund balance by the same amount, for the purpose of funding the addition of one engineer position in the Fire Department to oversee the Public Automated External Defibrillator program. Council Member Picht made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. G-14770 be continued for two weeks. The motion carried unanimously. G-14771 There was presented Mayor and Council Communication No. G- Change Name of 14771 from the City Manager recommending that the City Council Fort Worth approve changing the name of the Fort Worth Botanic Garden Botanic Garden Center to the Deborah Beggs Moncrief Garden Center. Center to Deborah Beggs The following individuals appeared before Council in support of Moncrief Garden renaming the Fort Worth Botanic Garden Center. They,stated that Center although Ms. Moncrief's monetary contribution was significant, without her leadership the center would not exist. They urged the Council to approve the name change in light of Ms. Moncrief's delicate health condition. Cherie Ms. Cherie Hathcock 1817 Western Avenue Hathcock, President, Fort Worth Botanical Society Brooke Lively, Jim McCarty, Ms. Brooke Lively 6400 Lansdale Road Dianne Sadler, Chair, Fort Worth Botanical Center Committee Marty Craddock Mr. Jim McCarty 3740 Kelvin Board Member, Parks & Community Service Advisory Board Ms. Diann Sadler 2610 Greene Avenue President, Fort Worth Garden Club Ms. Marty Craddock 4904 Dexter Board Member, Fort Worth Garden Club Council Member Stevenson stated that the center was a central location for all types of meetings and activities. He added that he realized the concern expressed from other Council ,Members relative to the naming of City facilities; however, extenuating circumstances existed in this situation not only in the financial donations but also through her efforts to bring and maintain this facility for the community. CITY COUNCIL MEETING FORT-WORTH, TEXAS APRIL 26, 2005 PAGE 10 of 28 Council Member Picht stated that the City needed to recognize the contributions made by citizens and that a deviation from the naming policy was acceptable under these circumstances. Mayor Pro tempore McCloud stated that he understood the policy and the spirit of the policy; however, exceptions were needed when there were extraordinary circumstances. He added that he hoped there could be an opportunity to review the existing policy and a revision made to the policy that would address special circumstances. Council Member Stevenson made a motion, seconded by Council Member Picht, .that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Wheatfall Public Hearing It appeared that the City Council set today as the date for a public hearing to adopt the proposed amendment to the Master Thoroughfare Plan, MT-0.5-009, to delete Eagle Parkway west of FM 156 and east of John Day Road. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Christa Sharpe, representing the Transportation and Public Works Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G- 14772, as follows: (Council Member Stevenson stepped away from the dais.) G-14772 There was presented Mayor and Council Communication No. G- Amend Master 14772 from the City Manager recommending that the City Council Thoroughfare adopt the proposed amendment to the Master Thoroughfare Plan, Plan, MT-05-00.1, MT-05-001, to delete Eagle Parkway between FM 156 and east of to Delete Eagle John Day Road. Parkway West of FM 156 and East There being no one present desiring to be heard in connection with of John Day the public hearing to adopt the proposed amendment to the Master Road Thoroughfare Plan, MT-05-001, Council Member Silcox made a CITY COUNCIL MEETING (FORT WORTH, TEXAS APRIL 26, 2005 PAGE 11 of 28 motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G- 14772 be adopted. The motion carried unanimously. P-10123 There was presented Mayor and Council Communication No. P- Painting 10123 from the City Manager recommending that the City Council Services for authorize the City Manager to enter into a purchase agreement with Communication Seacor Painting Corporation for painting services for the City's Towers and communication towers and monopoles for the Information Monopoles Technology Solutions Department for a total cost of $49,700.00. It was the consensus of the City Council that the recommendation be adopted: P-10124 There was presented Mayor and Council Communication No. P- Street Light 10124 from the City Manager recommending that the City Council Installation authorize a purchase agreement for street light installation Services services with C & S Utility Contractors, Incorporated for the Transportation and Public Works Department based on best value with 30 day payment terms; authorize this agreement to begin April 26, 2005, and expire April 25, 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 the bid award in accordance with the Texas Government Code, Chapter 271.102, "Cooperative Purchasing Program." It was the consensus of the City Council that the recommendation be adopted. P-10125 There was presented Mayor and Council Communication No. P- Conductor 90125 from the City Manager recommending that the City Council: Camera Transport 1• Authorize a purchase agreement with multiple vendors for Vehicle Conductor Camera Transport Vehicle (CCTV) equipment Equipment and repairs to CCTV equipment for the Water Department based on best value with payment due 30 days after receipt of invoice and freight included in unit price, a. Award to Renfro Equipment & Supplies Cues repair and parts; b. Award to Texas Underground, Inc., Aires repair and parts; and 2. Authorize this agreement to begin April 26, 2005, and expire April 25, 2006, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 12 of 28 P-10126 There was presented Mayor and Council Communication No. P- Duty Leather 10126 from the City Manager recommending that the City Council Gear authorize a purchase agreement with GT Distributors to furnish duty leather gear for the Police Department based on best value with payment due 30 days after receipt of invoice; authorize this agreement to begin April 26, 2006, and expire April 25, 2006, with options to renew for two additional one-year periods; and authorize the City Manager to execute lnterlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The lnterlocal Cooperation Act." It was the consensus of the City Council that the recommendation be adopted. P-10127 There was presented Mayor and Council Communication No. P- Original 10127 from the City Manager recommending that the City Council Equipment authorize a purchase agreement with Sreco Flexible Incorporated Manufacturer to provide Original Equipment Manufacturer parts, components Parts, and equipment for the City of Fort Worth on the basis of Components documented sole source at the quoted price of Manufacturer's List and Equipment Price less 32 percent discount. The shipping cost will be prepaid and added to the invoice, with payment due 30 days from the date of invoice; and authorize this agreement to begin April 26, 2006, and expire April 25, 2006, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10128 There was presented Mayor and. Council Communication No. P- Original 10128 from the City Manager recommending that the City Council Equipment authorize a purchase agreement with Sewer Equipment Company Manufacturer to provide Original Equipment Manufacturer parts, components Parts, and equipment for the City of Fort Worth on the basis of Components documented sole source at the quoted price of Manufacturer's List and Equipment Price less 20 percent discount. The shipping cost will be prepaid and added to the invoice, with payment due 30 days from the date of invoice; and authorize'this agreement to begin April 26, 2005, and expire April 25, 2006, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10129 There was presented Mayor and Council Communication No. P- SurfControl Web 10129 from the City Manager recommending that the City Council Filtering authorize a purchase agreement' for SurfControl web filtering Software and software licenses and maintenance with FutureCom, Ltd., for the Maintenance Information Technology Solutions Department using the State of CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 13 of 28 Texas Catalog Information Systems Vendors process for an estimated cost of $27,180.00; and authorize this agreement to begin May 1, 2005, and expire April 30, 2006, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10130 There was presented Mayor and Council Communication No. P- Mainframe 10130 from the City Manager recommending that the City Council Server Software authorize a purchase agreement for purchase of Extra Mainframe and Server software and maintenance with Attachmate Corporation for Maintenance the Information Technology Solutions Department using the State of Texas Catalog Information Systems Vendors process for an estimated cost of $308,244.00; and authorize the software maintenance agreement to begin April 26, 2005, and expire September 30, 2005, with options to renew for three additional one- year,,,periods. It was the consensus of the City Council that the recommendation be adopted. L-14068 There was presented Mayor and Council Communication No. L- Permanent 14068 from the City Manager recommending that the City Council Water Main approve the acceptance of two permanent water main easements Easements and and two temporary construction easements described as part of Temporary Lot 1, Block 1, All Saints Episcopal Hospital, Tarrant. County, Construction Texas, from Baylor All Saints Medical Center for property located Easements in the Medical District (DOE 4624), necessary for the construction, operation, maintenance, and repair of a 12-inch water main, for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-14069 There was presented Mayor and Council Communication No. L- Supplemental 14069 from the City Manager recommending that the City Council Easement authorize the conveyance of one supplemental easement described as Lot Al, Block A, Sycamore Heights Addition, Tarrant County, Texas, to Energy Transfer Fuel, LP for the purpose of transporting gas, petroleum and related products in an. existing petroleum pipeline subject to the jurisdiction of the Texas Railroad Commission located on the tax-foreclosed property known as 2200 Bomar Avenue, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. L-14070 There was presented Mayor and Council Communication No. L- Temporary 14070 from the City Manager.recommending that the City Council Drainage approve the acceptance of three temporary drainage easements Easements described as a portion of the Henry Robertson Survey, Abstract CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 14 of 28 No. 1259, Tarrant County, Texas, from FHP Partners, L.P., for property located east of Wagiey Robertson Road and south of Bonds Ranch Road in North Fort Worth (DOE 4490), needed for the construction of drainage improvements to serve the Stone Creels Ranch Subdivision, for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-14071 There was presented Mayor and Council Communication No. L- Permanent 14071 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easements easements described as a portion of the John Hibbins Survey, Abstract No. 639,,Tarrant County, Texas, from Fossil Creek Estates Homeowners Association for property located in North Tarrant County for a new developer project (DOE 4872), necessary to construct, maintain and repair sanitary sewer facilities to serve Fossil Creek Estates Addition located south of Blue Mound Road and east of Willow Springs Road, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-14072 There was presented Mayor and Council Communication No. L- Permanent 14072 from the City Manager recommending that the City Council Water Main approve the acceptance of one permanent water main easement Easement and and one permanent sewer line easement described as a portion of Sewer Line the G. Hamilton Survey, Abstract No. 751, Tarrant County, Texas, Easement from Christopher Harris, Trustee, for property located in south Fort Worth, Tarrant County (DOE 4701), necessary for the construction, operation, maintenance and repair of water and sewer facilities to serve the W. R. Development Addition, located west of IH-35W and south of Risinger Road, at a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-14073 There was p resented Mayor and Council Communication No. L- Permanent 14073 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easements easements described as a portion of the Samuel P. Williams Survey, Abstract No. 1690, Tarrant County, Texas, from Hlllwood Alliance Residential, L.P., for property located in far north Fort Worth (DOE 3641), necessary for the construction, operation, maintenance and repair of sewer facilities. to serve the Premier Academy Addition, for a total cost of $2.00.'. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 15 of 28 L-14074 There was presented Mayor and Council Communication No. L- Sale of Tax- 14074 from the City Manager recommending that the City Council Foreclosed authorize the sale of multiple surplus tax-foreclosed properties in Property accordance with Section 272.001 of the Texas Local Government Code for a total of $68,393.00; and authorize the City Manager to execute the appropriate deeds conveying the properties to the highest bidder complying with bid specifications. It was the consensus of the City Council that the recommendation be adopted. L-14075 There was presented Mayor and Council Communication No. L- Sale of Tax- 14075 from the City Manager recommending that the City Council Foreclosed authorize the direct sale of the tax-foreclosed property located at Property .3001 Prairie Avenue, Lots 1 through 3, Block 30 of the Worth Hills Addition as allowed by the Texas Property Tax Code, Section 34.05 (DOE 920), to the adjoining property owner Richard Hignight, for the total amount of $550.00; and authorize the City Manager to execute the appropriate deed document conveying the property to complete the sale. It was the consensus of the City Council that the recommendation be adopted. L-14076 There was presented Mayor and Council Communication No. L- Permanent 14076 from the City Manager recommending that the City Council Water Easement approve the acceptance of one permanent water easement and One. described as a portion of the Abner Lee Survey, Abstract No. 931, Permanent Tarrant County, Texas, and one permanent sanitary sewer line Sanitary Sewer easement described as a portion of the M. Gilbert Survey, Abstract Line Easement No. 565, Tarrant County, Texas, from Thomas Crossing, L.L.C., for properties located in south Fort Worth (DOE 4518), necessary to construct, maintain and repair water and sewer facilities to serve properties located south of Burleson Retta Road and east of Wildcat Way, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-14077 There was presented Mayor and Council Communication No. L- Permanent 14077 from the City Manager recommending that the City Council Sewer Line approve the acquisition of one permanent sanitary sewer easement Easement and and one temporary construction easement described as a portion Temporary of Lot 1C and 1D, Block 12, Baileys Industrial Addition, Tarrant Construction County, Texas, for property owned by WFR Properties, Inc., and Easement located south of Henderson Street and east of University Drive northwest of the Central Business District (DOE 4144), needed to construct a 24-inch diameter sanitary sewer tine across a portion of the property, for a total cost of $5,000.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL:MEETING FORT WORTH,TEXAS APRIL 26, 2045 PAGE 16 of 28 L-14078 There was presented Mayor and Council Communication No. L- Ord. #16397-04- 14078 from the City Manager recommending that the City Council 2005 accept the dedication of 32.168 acres of parkland described as a Accept 32.168 tract of land situated in the Guadalupe Cardinas Survey, Abstract Acres of No. 214, Denton County, Texas, from Centex Homes for the Harriet Parkland for . Creek Ranch Subdivision in accordance with the Neighborhood Harriet Creek and Community Park Dedication Policy; and adopt Supplemental Ranch Appropriation Ordinance No. 16397-04-2005 increasing Subdivision appropriations in the General Fund in the amount of$35,354.00 and decreasing the General Fund balance by the same amount, for the purpose of maintaining parkland. It was the consensus of the City Council that the recommendation be adopted. L-14079 There was presented Mayor and Council Communication No. L- Street or Road 14079 from the City Manager recommending that the City Council Dedication Deed approve the acceptance of one street or road Dedication Deed described as a portion of the A. J. Knapp Survey, Abstract No. 922, Tarrant County, Texas, from TXU Delivery Company for property located in east Fort Worth for the Blake Meadows Subdivision Development Project (DOE 4614), necessary for the construction, operation and maintenance of utility and drainage facilities to serve properties located east of Sandy Lane and south of John T. White Road, at no cost. It was the consensus of the City Council that the recommendation be adopted. PZ-2582 There was presented Mayor and Council Communication No. PZ- Institute 2582 from the City Manager recommending that the City Council Annexation of institute the annexation of approximately 11.8 acres of land located Approximately east of Sendera Ranch Boulevard and north of Avondale Haslet 11.8 Acres of Road in Tarrant County (AX-05-002, Sendera Ranch), deferring the Land in Tarrant consideration of the annexation ordinance until May 10, 2005. County, Located Council Member Davis made a motion, 'seconded by Council East of Sendera Member Silcox,that the recommendation be adopted. The motion Ranch carried unanimously. Boulevard and North of (Council Member Picht stepped away from the dais.) Avondale Haslet Road (AX-05- (Council Member Stevenson returned to his chair at the dais.) 002, Sendera Ranch) CITY COUNCIL MEETING FORT WORTH,TEXAS APRIL 26, 2005 PAGE 17 of 28 PZ-2583 There was presented Mayor and Council Communication No. PZ- Institute 2583 from the City Manager recommending that the City Council Annexation of . institute the annexation of approximately 200.194 acres of land Approximately located west of Harmon Road, north of US Hwy 287 and 81, and 200.194 Acres of south of Bonds Ranch Road East in Tarrant County (AX-05-003, Land in Tarrant Presidio West), and defer the consideration of the annexation County, Located ordinance until May 10, 2005. Council Member Stevenson made a West of Harmon motion, seconded by Mayor Pro tempore McCloud, that the Road, North of recommendation be adopted. The motion carried unanimously. US Hwy 287 and 81, and South of Bonds Ranch Road East (AX-05-0039 Presidio West) PZ-2584 There was presented Mayor and Council Communication No. PZ- Annexation 2584 from the City Manager recommending that the City Council Timetable approve the annexation timetable establishing the proposed City Establishing initiated annexation of approximately 6.48 acres of land, or .010 Proposed City square miles, more or less, in five separate segments, all located in Initiated northern Tarrant County (AX-05-006, Tarrant County Coordination), Annexation of in order to annex the subject property for full purposes in Approximately compliance with the requirements of Chapter 43 of the Local 6.48 Acres of Government Code of the State of Texas; and direct City staff to Land Located in prepare a service plan that provides for the extension of full Northern Tarrant municipal services to the annexation area. Council Member Lane County made a motion, seconded by Council Member Silcox, that the (AX-05-006, recommendation be adopted. The motion carried unanimously. Tarrant County Coordination) PZ-2585 There was presented Mayor and Council Communication Noy PZ- Ord. #16398-04- 2585 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16398-04-2005 vacating a 100-foot part of a Alley and seven-foot-wide alley in the Park Subdivision adjacent to Lots 33, Right-of-Way 34, 51, and 52 of Block 4, Field's Addition, Tarrant County, Texas, Vacations and a portion of Daswood Street right-of-way between Travis (VA-04-040) Avenue and Hemphill Street and waiving the $10,420.00 purchase fee for said right-of-way. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. (Council Member Picht returned to his chair at the dais.) CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 18 of 28 C-20668 There was presented Mayor and Council Communication No. C- Polytechnic 20668 from the City Manager recommending that the City Council Community authorize the reallocation of $50,000.00 in Community Housing Development Development Corporation (CHDO) funds under Federal HOME Corporation Program year 2004; authorize the City Manager to execute a contract with Polytechnic Community Development Corporation, not to exceed a total of $50,000.00, in Fiscal Year 2004 HOME CHDO Support Funds to assist the organization with payment of operating costs; authorize the contract performance period to begin on the date of the contract execution and end twelve months thereafter; authorize extension or renewal of the contract for up to one year, if the organization requests an extension; and authorize the City Manager to amend the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. It was the consensus of the City Council that the recommendation be adopted. C-20669 There was presented Mayor and Council Communication No. C- Air Cleaning 20669 from the City Manager recommending that the City Council Technologies, authorize the City Manager to execute a purchase agreement with Inc. Air Cleaning Technologies, Inc., in the amount of $960,000.00 for the installation of exhaust extraction systems for the apparatus bays in fire stations throughout the City. It was the consensus of the City Council that the recommendation be adopted. C-20670. There was presented Mayor and Council Communication No. C- Turner, Collie, & 20670 from the City Manager recommending that the City Council Braden, Inc. authorize the City Manager to execute an engineering and construction phase services contract for Lancaster Avenue with Turner, Collie &Braden, Inc., in the amount of $178,830.00. It was the consensus of the City Council that the recommendation be adopted. C-20671 There was presented Mayor and Council Communication No. C- XTO Energy, Inc. 20671 from the City Manager recommending that the City Council approve the acceptance of a lease agreement for natural gas drilling under the City-owned properties located south of Alliance Airport with XTO Energy, Inc., for one two-year term. It was the consensus of the City. Council that the recommendation be adopted. C-20672 There was presented Mayor" and Council Communication No. CW Conatser 20672 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Conatser TX, L.P. Construction TX, L.P., in the amount of $1,714,756.00 for water and CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 19 of 28 sanitary sewer extensions for the Old Denton Road/Golden Triangle Boulevard area Unit 1 and 2, City Project No. 00209 (Annexation Case No. A-00-19). City. Manager Boswell stated that the second page under the discussion section of the M&C needed to be amended to reflect the M/WBE percentage in the first sentence of the second paragraph to read: "Conatser Construction TX, L.P., is in compliance with the City's MIWBE Ordinance by committing to 4 percent MIWBE participation and documenting good faith effort." Council Member Davis made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. C- 20672 be adopted as amended. The motion carried unanimously. C-20673 There was presented Mayor and Council Communication No. C- CL Texas, L.P. 20673 from the City Manager recommending that the City Council and Summer approve the acceptance of one Storm Water Facility Maintenance Creek Ranch Agreement described as a portion of the Antonio Castillo Survey, Association Abstract No. 272, Tarrant County, Texas, from CL Texas, L.P., and the Summer Creek Ranch Homeowner Association for property located south of Risinger. Road and west of Hulen Street in southwest Fort Worth (DOE 3871). It was the consensus of the City Council that the recommendation be adopted. C-20674 There was presented Mayor and Council Communication No. C- Eagleton 20674 from the City Manager recommending that the City Council Construction, authorize the City Manager to .execute a contract with Eagleton Inc. Construction, Inc., in the amount of $224,453.00 for playground renovations at Sunset, Diamond Hill, and Leonard Parks. It was the consensus of the City Council that the recommendation be adopted. C-20675 There was presented Mayor and Council Communication No. C- Ord. #16399-04- 20675 from the City Manager recommending that the City Council 2005 adopt Ordinance No. 16399-04-2005 amending Chapter 2 Amend Section "Administration" of the Code of the City of Fort Worth (1986), as 2-9 of City Code amended, by providing that contracts for the purchase of to Allow City electricity may be executed by the City Manager without City Manager to Council approval so long as the term of such contract does not Execute exceed forty-eight months and sufficient funds have previously Contract for been appropriated by the City Council for that purpose. Council Purchase of Member Davis made a motion, seconded by Mayor Pro tempore Electricity McCloud, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH;TEXAS APRIL 26, 2005 PAGE 20 of 28 C-20676 There was presented Mayor and Council Communication No. C- Arturo and 20676 from the City Manager recommending that the City Council Rocio Perez find that the statements set forth in the recitals of the Tax Abatement Agreement with Arturo and Rocio Perez are true and correct; and authorize the City Manager to enter into a five year Tax Abatement Agreement with Arturo and Rocio Perez, for the property at 5400/5404 Fernander Drive in the Ridglea/Como Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT; Council Member Wheatfall C-20677 There was presented Mayor and Council Communication No. C- Sininian 20677 from the City Manager recommending that the City Council Development, find that statements set forth in the recitals of the Tax Abatement Inc. Agreement with Sininian Development, Inc., are true and correct; and authorize the City Manager to enter into a five year Tax Abatement Agreement with Sininian Development, Inc., for the properties at 1238 East Jefferson Avenue and 1308 East Allen Avenue in the Evans and Rosedale Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Picht,. Stevenson, and Davis NOES'. Council Member Silcox ABSENT: Council Member Wheatfall C-20678 There was presented Mayor and Council` Communication No. C- Amendment to 20678 from the City Manager recommending that the City Council CSC #29095 authorize the City Manager to execute` an amendment to City Pier 1 Services Secretary Contract No. 29095, Economic Development` Program Company Agreement with Pier 'I Services Company, providing for the CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 21 of 28 vacation of certain public rights-of-way with Pier 1's corporate offices. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Council Member Davis clarified that approval of the contract would allow Pier 1 Services Company to pay the City for release of the land. C-20679 There was presented Mayor and Council Communication No. C- Tarrant County 20679 from the City Manager recommending that the City Council authorize the City Manager to execute a Release Agreement between the City of Fort Worth and Tarrant County to partially release deed restrictions and lien on the Fort Worth Convention Center; and authorize the City Manager to execute the Release of Deed Restriction between the City of Fort Worth and Tarrant County. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted with appreciation to Tarrant County for their assistance with release of the deed restrictions. The motion carried unanimously. C-20680 There was presented Mayor and Council Communication No. C- Ord. #16400-04- 20680 from the City Manager recommending that the City Council; . #16401-04- Ord. Adopt the Supplemental Appropriation Ordinance No. 16400- Ord. 04-2005 increasing appropriations in the General Fund in the Boy s and amount of $61,114.00 and decreasing the Unreserved, Boy Girls Undesignated Fund balance by the same amount, for the Clubs of Greater Fort Worth purpose of transferring said funds to the Grants Fund; 2. Authorize the transfer of $61,114.00 from the General Fund to the Grants Fund from available funds; 3. Accept a donation from the Safe City Commission, not to exceed $10,000.00, with appreciation from the Council, to lease transportation for the new Comin' Up site, 4. Adopt Appropriation Ordinance No. 16401-04-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $71,114.00 from available funds for the purpose of funding an amendment to City Secretary No. 30747 with the Boys and Girls Club of Greater Fort Worth to add an additional Comin' Up site at Rosen Heights Baptist Church; and 5. Authorize the City Manager to execute and amend City Secretary Contract No. 30747 with the Boys and Girls Club of Greater Fort Worth to add an Comin' Up site at Rosen Heights Baptist Church. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 22 of 28 Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Council Member Lane encouraged staff to think in terms of placing these programs in locations other than Community Centers. He pointed out this is an alternative program to combat the gang problem. He added that he would like the citizens to know the Police Department cannot solve these problems alone, and that help from the community was needed. C-20681 There was presented Mayor and Council Communication No. C- Continued for 20681 from the City Manager recommending that the City Council Two Weeks authorize the City Manager to enter into an agreement with Cardiac Science to be the exclusive vendor providing Automatic External Defibrillators to the City of Fort Worth; and authorize the agreement to begin October 1, 2005, and expire October 1, 2006, with options to renew for two additional one-year periods. Council Member Picht made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be continued for two .weeks. The motion carried unanimously. C-20682 There was presented Mayor and Council Communication No. C- Tarrant Regional 20682 from the City Manager recommending that the City Council Water District authorize the City Manager to enter into an interlocal agreement with the Tarrant Regional Water ' District for the purpose of designing and constructing a pedestrian bridge across the Trinity River and evaluation of other potential pedestrian linkages to link to proposed bridge in an amount not to exceed $1,000,000.00. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20683 There was presented Mayor and Council Communication No. C- LaGrave 20683 from the City Manager recommending that the City Council Redevelopment, authorize the City Manager to execute a lease with purchase option LLC of approximately 33 acres of land north of LaGrave Field with LaGrave Redevelopment, LLC. Council Member Lane made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. Council Member Lane acknowledged Carl and Linda Bell and Mr. Bobby Brady; who were in the audience. He added that Mr. Brady was a part of the Cats history. He further stated that Mr. Bell had a vision to bring the Cats back to Fort Worth at his own personal expense and commended him on having the vision. He also acknowledged the efforts of former Mayor Kenneth Barr for his support of LaGrave Field. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 23 of 28 Carl Bell Mr. Carl Bell, 5834 Park Lane, Dallas, Texas, appeared before Council in support of the lease. He expressed appreciation to the Council for their support over the years. He stated that the Cats were excited about being part of the Trinity River Vision and provided information on upcoming events at LaGrave Field: May 13 First game at 7:05 p.m. May 18 Fort Worth Independent School District ,5th Grader Field Trip at LaGrave Field -- Over 5,000 students June 18 Cats will retire Maury Wills'jersey July 1 City of Fort Worth Employee Appreciation Night & Parrot Head Night July 3 & 4 Fourth of July Fireworks (Council Member Lane stepped away from the dais.) Public Hearing It appeared that. the City Council set today as the date for a public hearing to approve the designation of Fort Worth Neighborhood Empowerment Reinvestment Zone Number 25 and Tax Abatement Agreement with L.B. Interest, LLC, and related findings of fact by the City Council. .. for property located in the Woodhaven Neighborhood Empowerment Zone. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be_heard. Ms. Catherine Davidson, representing the Housing Department, appeared before Council,.gave a staff report and called attention to Mayor and Council Communication No. C-20684, as follows: C-20684 There was presented Mayor and Council Communication No. C- Ord. #16402-04- 20684 from the City Manager recommending that the City Council: 2005 Designate Fort 1• Hold a public hearing concerning the designation of 3.322 Worth acres of land as Fort Worth Neighborhood Empowerment Neighborhood Reinvestment Zone Number 25; Reinvestment 2. Adopt Ordinance No. 16402-04-2005 amending Ordinance Zone Number 25 No. 15570 by removing certain property from Neighborhood for Property Empowerment Reinvestment Zone Number Ten of the City of Located in Fort Worth, Texas; designating the property so removed as Woodhaven "Neighborhood Empowerment Reinvestment Zone Number Neighborhood 25, City of Fort Worth, Texas"; providing the effective and Empowerment expiration dates for the Zone and a mechanism for renewal Zone ' L.B. of the Zone; and containing other matters related to the Interest, LLC Zone; CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 24 of 28 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with L.B. Interests, LLC, are true and correct; 4. Approve a five-year Municipal Property Tax Abatement for a property located at 300 E. Loop 820 in the Woodhaven Neighborhood Empowerment Zone owned by L.B. Interests, LLC; and 5. Authorize the City Manager to enter into the Tax Abatement Agreement with L.B. Interests, LLC, for the property located at 300 E Loop 820 in the Woodhaven NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. There being no one present desiring to be heard in connection with the public hearing to approve the designation of Fort Worth Neighborhood Empowerment. Reinvestment Zone Number 25 and Tax Abatement Agreement with L.B. Interest, LLC, Council Member Haskin made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. C-20684 be adopted. The motion carried by the following vote: AYES: Mayor nnoncriet; mayor Pro tempore McCloud; Council Members Lane, Haskin, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: . Council Member Wheatfall. C-20685 There was presented Mayor and Council Communication No. C Amend M&C No. . 20685 from the City Manager recommending that the City Council C-20437 - authorize the . City Manager to execute a revised Infrastructure Edwards Geren Development Agreement with Edwards Geren Limited, subject to Limited non-material changes that may be agreed to between the parties prior to execution; relating to the construction of State. Highway 121-T; and approve the wire transfer of funds to an escrow account overseen by Alamo Title in the amount of $11,163,481.25, as provided by an escrow agreement that will be attached to and incorporated as part of the Infrastructure Development_Agreement. Council Member Silcox made' 'a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 25 of 28 (Council Member Lane returned to his chair at the dais.) ZC-05-029 It appeared that the City Council, at its meeting of April 19, 2005, SP-05-008 continued the special hearing of the application of Henry Lopez for Approved a change in zoning of property located at 289 Northeast 35th Street from "K" Heavy Industrial to "PD/SU" Planned Development/ Specific Use for all uses in "K" Heavy Industrial, plus construction material recycling facility, and site plan required, Zoning Docket No. ZC-05-029 and Site Plan No. SP-05-008. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the zoning change. He submitted the following Operational Limitations for construction material at the recycling facility to be added to the site plan: 1. All dirt, rocks, bricks, concrete, paper and other construction material will be separated from all wood and wood products. 2. Only wood and wood products such as lumber, plywood, chipboard, wood shingles and other similar wood products will be introduced into the grinder. 3. No asbestos-containing material will be introduced into the grinder. 4. No sheetrock will be introduced into the grinder. 5. At all times the grinder is operating at this facility, it must contain a functioning water spray (mister) system to suppress dust and help prevent fire. 6. The grinder may only operate between the hours of 8:00 a.m. and 5.00 p.m., Monday through Saturday. George Haratsis Mr. George Haratsis, 2918 Hartwood Drive, an attorney representing R. lbarra's, Inc., appeared before Council in opposition of the zoning change. He stated that the City Zoning Commission denied the zoning change on two occasions and that its use was not consistent with the Comprehensive Plan. He noted the conflicting information in documents relative to what type of products would be used in the grinder. CITY COUNCIL MEETING .FORT WORTH, TEXAS APRIL 26, 2005 PAGE 26 of 28 Council Member Lane stated that the site plan limited what could be placed in the grinder and asked that the amendments to the site plan be incorporated with the Council meeting minutes. Mr. Bob Riley, Development Department Director, informed staff that the case was denied without prejudice by the City Zoning Commission by a 6 to .9 vote. He. added that the Planning Department had noted that the zoning change was not consistent with the Comprehensive Plan and was a significant deviation of the use. Council Members Picht and Haskin expressed their opposition to this zoning change request and their support of the Zoning Commission's denial of this request. There being no one else present desiring to be heard in connection with the application of Henry Lopez, Council Member Lane made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-029 and Site Plan No. SP-05-008 be approved with the Operational Limitations noted by Mr. Schell and by changing the second limitation to read "Only untreated wood and untreated wood products such as lumber, plywood, chipboard, untreated wood shingles and other similar untreated wood products will be introduced into the grinder." ORDINANCE NO. 96403-04-2005 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 93896, 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 by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS APRIL 26, 2005 PAGE 27 of 28 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Stevenson, and Davis NOES: Council Members Haskin and Picht ABSENT: Council Member Wheatfall Citizen Mr. Alex and Ms. Anica Johnson, 6516 Armando Avenue, appeared Presentations before Council relative to sex offenders and traffic lights in their Alex Johnson, neighborhood. Mr. Johnson stated that sex offenders were still Anica Johnson living in their neighborhood after he was told they would leave the area. He advised Council of a letter he received from the City Attorney's Office indicating group homes needed to be a half-mile apart. He pointed out certain licensing requirements of group homes and asked that the City enforce such licensing laws. He also noted areas on Madrid and McCart in need of traffic lights for pedestrian traffic and to address hazardous traffic conditions and requested lights be installed. Mayor Moncrief requested he meet with Assistant City Managers Marc Ott and Joe Paniagua and also Assistant City Attorney Sarah Fullenwider to resolve his concerns. Council Member Davis requested City staff work with the State to ensure that group homes are licensed and providing appropriate treatment to the residents living there. Council Member Haskin requested the City staff provide a report on the number of parolees in the City of Fort Worth. Betty Graham Mayor Moncrief recognized Ms. Betty Graham, 5154 E. Berry Street, to address the Council and stated she not present in the Council Chamber. Jeanne Ms. Jeanne Strickland, 2840 Las Vegas Trail #267, appeared before Strickland Council relative to providing jobs to homeless people. Vince Anderson Mr. Vince Anderson, 2912 Soft Wind Trail, appeared before Council relative to gangsters in his neighborhood. He informed the Council of an alleged crime that occurred at his property on April 20, 2404, and his concern that he never received disposition of the 919 call he submitted. Sergeant J.D. Moore informed Mr. Anderson that Police Chief ..Mendoza had asked him to meet with Mr. Anderson and address his concerns. Executive It"was the consensus of the City Council that they recess into Session Executive Session at 12:37 p.m. to: CITY COUNCIL MEETING (FORT WORTH, TEXAS APRIL 26, 2005 PAGE 28 of 28 1. Seep 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) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of-real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation,. of security personnel or devices, in accordance with Section 651.076 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 Reconvened The City Council reconvened into regular session at 1:20 p.m. Adjournment There being no further business, the meeting was adjourned at 1420 p.m. These minutes:approved by the Fort Worth City Council on the 3`d day: of May, 2005. Attest; Approved: Marty Hend x Mic ael J Moncr f City Secretary Mayor