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Home My WebLink About2005/05/03-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 Date & Time On the 3rd day of May, A.D., 2005, the City Council of the City of , Fort Worth, Texas, met in regular session at 7:01 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, John Stevenson, and Wendy Davis; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Andrew Decker, University United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Wheatfall, seconded by Council Member Haskin, the minutes of the regular meeting of April 26, 2005,were approved unanimously. Special Council Member Wheatfall presented a Proclamation for Presentations Community Action Month to Ms. Dorothy Emmons, Co-Chair, Community Action Partners Council. Mayor Moncrief recognized ,several Cub Scouts from Den 32, Mustangs, who were attending the Council meeting to learn about municipal government, Council Member Lane presented each scout with a City pin. Certificates of Recognition were presented to the following former Board and Commission members by their respective Council Members: Council Member Lane's Presentations: Monty McNair Construction & Fire Prevention Board of Appeals Salvador Espino Civil Service Commission (was not present) Rick Herring City Zoning Commission, Scenic Preservation & Design Review Board, & Fort Worth Alliance Airport Zoning Commission CITY COUNCIL. MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 2 of 22 Council Member Picht's Presentation: Dr. Bryon Sousa City Plan Commission Council Member Davis' Presentations: Peter Hinojosa Library Advisory Board (was not present) Wyntress Ware Tarrant County 911 Emergency Assistance District Board (was not present) Alexia Strout- Parks and Community Services Dapaz Advisory Board (was not present) Jerre Miller Building Standards Commission (was not present) Brent Hull Historic and Cultural Landmarks Commission (was not present) Council Member Silcox's Presentation: Teresa Nelson Fort Worth Commission for Women Mayor Pro tem ore McCloud's Presentations: Monnie Gilliam City Zoning Commission, Scenic Preservation & Design Review Board, & Fort Worth Alliance Airport Zoning Commission Kathleen Hicks Fort Worth Commission for Women (was not present) Mr. Steven King, President of The Outriders presented a Vaquero saddle to the Fort Worth Herd. He recognized other members of The Outriders and members of the Fort Worth Herd and provided Council with the history of the Vaquero saddle. Announcements Council Member Lane expressed appreciation to Tom Higgins, Economic and Community Development Department Director, and Assistant City Attorney Peter Vaky for all their work with the LaGrave Redevelopment contract that was approved by the City Council on April 26, 2005. He announced that the Roast in his honor on April 29, 2005, was a great success and that enough money was collected to purchase the new projector for the Marine Theater. He expressed appreciation to everyone in the City of Fort Worth who supported the project. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 3 of 22 He stated that on behalf of his aide Patsy Steele, she was very appreciative of all the cards, letters and telephone calls she had received expressing condolences at the passing of her husband Jerry. Council Member Picht stated that he recently presented a Proclamation to Marine Colonel Matt Hawkins at the Naval Air Station Joint Reserve Base. He stated that Colonel Hawkins was one of the towers of professionals in the community and wished him well at his next assignment with the U.S. Central Command in Florida. Council Member Picht also announced that he had received a letter from Major General Charles Metcalf, United States Air Force (Retired), at the National Museum of the Air Force, informing him of the museum's intention of permanently moving the B-36 aircraft to another location for preservation. He added that many people in the community had worked hard to restore the aircraft to its present condition and stated he hoped the Mayor and remaining Council Members would take a leadership role to ensure the aircraft remained in the City of Fort Worth. Council Member Silcox echoed Council Member Picht's comments. He provided a short history of the aircraft and stated that over 44,000 man-hours had been expended restoring the aircraft. He added that the cost to maintain the B-36 in Fort Worth was costly and that without sufficient funding it would be difficult to have the aircraft remain in Fort Worth. Mayor Moncrief acknowledged the importance of keeping the B-36 in Fort Worth stating that if the City had the necessary resources to keep the aircraft in the City it would be done; however, with the limited resources available, the City would be unable to affect the outcome of the government moving the aircraft to another location. He added that it made more sense to move the B-36 to a location where it could be preserved. Withdrawn from City Manager Boswell requested that Mayor and Council Consent Agenda Communication Nos. G-14774, C-20696, and C-20698 be withdrawn from the consent agenda. Continued/ City Manager Boswell requested that Mayor and Council Withdrawn By Communication Nos. C-20698 and C-20707 be withdrawn from the Staff. agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 4 of 22 Consent Agenda On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, 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. (Council Member Picht stepped away from the dais.) Res. #3197-05- There was presented Resolution No. 3197-05-2005 granting 2005 condition of consent to creation of a Municipal Utility District Grant Conditional proposed to be named City of Fort Worth Municipal Utility District Consent to No. 2, Tarrant County, Texas. Council Member Stevenson made a Creation of motion, seconded by Council Member Silcox, that the resolution be Municipal Utility adopted. The motion carried unanimously. District Proposed to be Named City of Fort worth Municipal Utility District No. 2, Tarrant County, Texas Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-9483 There was presented Mayor and Council Communication No. OCS- Claims 1483 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-147 7. 3 There was presented Mayor and Council Communication No. G- Ord. #16404-05- 14773 from the City Manager recommending that the City Council 2006 authorize the City Manager to transfer $30,000.00 from the Water Funding for and Sewer Fund to the Special Trust Fund for the purpose of Maintenance of funding for a period of one"year the salary and benefits of a Senior Water Maintenance Worker position in the Water Conservation Garden at Conservation Fort Worth Botanic Garden; and adopt Appropriation Ordinance Garden at Fort No. 16404-05-2005 increasing estimated receipts and Worth Botanic appropriations in the Special Trust Fund in the amount of Garden $30,000.00 from available funds, for the purpose of funding one Senior Maintenance Worker in the Water Conservation Garden at Fort Worth Botanic Garden. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 5 of 22 G-14774 There was presented Mayor and Council Communication No. G- Ord. x#16405-05- 14774 from the City Manager recommending that the City Council 2005 authorize the transfer of $42,190.10 from the Grants Fund to the Transfer Year Special Trust Fund; and adopt Appropriation Ordinance No. 16405- 2004 After School 05.2005 increasing estimated receipts and appropriations in the Snack Program Special Trust Fund in the amount of $42,190.{10 from available and Summer Food p Service Program funds for the purpose of offsetting startup program costs initially Excess Funds to charged to the Special Trust Fund. Special Trust City Manager Boswell stated that the M&C and ordinance needed Fund to be amended to reflect the following additional verbiage: a. Paragraph-2 of the Recommendation section on the M&C: Delete after "...42,190.10...", "from available funds." and add "...available from Year 2004 After School Snack Program and Summer Food Service Program Excess Funds." b. Ordinance heading and Section 1: Add after "...available" "...from Year 2004 After School Snack Program and Summer Food Service Program excess..." Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. 6- 14774, be adopted as amended. The motion carried unanimously. G-14775 There was presented Mayor and Council Communication No. G- Ord. #16406-05- 14775 from the City Manager recommending that the City Council: 2005 1. Authorize the City Manager to submit a proposal and if the Ord. #'16407-05- proposal is accepted, submit an application to the U.S. 2005 Economic Development Administration (EDA) for a grant in Grant from U.S. the amount of $400,000.00 to replace the roof, stabilize the Economic exterior walls and pay for architectural fees to begin the Development process of renovation of the elementary school on the Administration historic .lames E. Guinn School campus; for Stabilization, Roof 2. Authorize the City Manager to accept such grant, if Replacement awarded, and execute a grant agreement with EDA, and contingent upon the City's ability to provide 20 percent Architectural ($100,000.00) of the total project cost, estimated to be Fees to Begin $500,000.00; Renovation of 3. Adopt Appropriation Ordinance No. 16406-05-2005 Elementary increasing estimated receipts and appropriations in the School on Capital Projects Reserve Fund in the amount of $100,000.00 Historic James from available funds for the purpose of a funding to transfer E. Guinn to the Grants Fund; Campus CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 6 of 22 4. Authorize the transfer of $100,000.00 from the Capital Projects Reserve Fund to the Grants Fund; and 5. Adopt Appropriation Ordinance No. 16407-05-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of$500,000.00, subject to receipt of the grant from the U.S. Economic Development Administration, for the purpose of funding renovations of the elementary school on the historic James E. Guinn School campus. City Manager Boswell stated that the first ordinance needed to be amended in the heading and in Section 1 to reflect the following verbiage after "...funding...": "...renovations of the Elementary School of the historic James E. Guinn School campus." Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the recommendation be adopted as amended. The motion carried unanimously. (Council Member Picht returned to his chair at the dais.) G-14776 There was presented Mayor and Council Communication No. G- Agreement with 14776 from the City Manager recommending that the City Council City of Haltom authorize the City Manager to execute a one year agreement with City for the City of Haltom City for automatic and mutual aid fire protection. Automatic and Council Member Davis made a motion, seconded by Council Manual Aid Fire Member Wheatfall, that the recommendation be adopted. The Protection motion carried unanimously. G-14777 There was presented Mayor and Council Communication No. G- Ord. #16408-05- 14777 from the City Manager recommending that the City Council 2005 authorize the City Manager to accept a $1,000.00 cash donation Accept Cash from Bell Helicopter for the "Clean Air Fair & Bike Rally" event; Donation for authorize the City Manager to accept donated sponsorships valued "Care for at $600.00; and adopt Supplemental Appropriation Ordinance No. Cowtown Air" 16408-05-2005 increasing estimated receipts and appropriations in Program the Environmental Management Fund in the amount of$1,000.00 as donations are received from Bell Helicopter, for the purpose of funding the "Clean Air Fair and Bike Rally" kick-off event for the "Care for Cowtown Air" Program. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted with appreciation. The motion carried r unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 7 of 22 G-14778 There was presented Mayor and Council Communication No. G- Res. #3198-05- 14778 from the City Manager recommending that the City Council 2005 approve Resolution No. 3198-05-2005 of the City Council of the City Adopt Policy of Fort Worth, Texas, adopting a policy concerning creation of Concerning conservation and reclamation districts. Creation of Conservation Mr. Bob West, 301 Commerce Street, Suite 3500, a lawyer that has and Reclamation represented special districts in the area, appeared before Council Districts in support of the policy. He commended the City on developing Bob West the policy and recommended that paragraph 15 of Article Vll of the policy be deleted as it could be interpreted that the City was trying to set the tax rate for the district. Ms. Marcella Olson, Water Department Assistant Director, stated that the section referred to by Mr. West was a list of recommendations the City would utilize to negotiate the tax charge of the district, Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Council Member Davis expressed appreciation to Ms. Olson for all the work she had dedicated to this issue. G-14779 There was presented Mayor and Council Communication No. G- Ord. #16409-05- 14779 from the City Manager recommending that the City Council 2005 accept a gift from Fuller Foundation, Inc., in the amount of Accept Gift from $83,576.00 for the purpose of maintaining the Fuller Garden for a Fuller period of one year; and adopt Appropriation Ordinance No. 16409- Foundation, Inc., 05-2005 increasing estimated receipts and appropriations in the for Funding Special Trust Fund in the amount of $83,576.00 from available Operational funds, for the purpose of funding maintenance at Fuller Garden. Costs for Fuller Council Member Stevenson made a motion, seconded by Mayor Garden Pro tempore McCloud, that the recommendation be adopted with appreciation. The motion carried unanimously. G-14780 There was presented Mayor and Council Communication No. G- Res. #3199-05- 14750 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3199-05-2005 approving the formation of the Approve Central City Local Government Corporation. Formation of Central City Council Member Lane inquired about the composition of the board Local once the membership on the Council. changed after the May 7, Government 2005, election. Corporation CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 8 of 22 City Attorney Yett stated that present City Council Members were appointed as Directors on the board. He added that once the new Council Members were seated, membership of the directors would change to reflect the new Council representatives. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. P-10131 There was presented Mayor and Council Communication No. P- Litter and Debris 10131 from the City Manager recommending that the City Council Pickup Beneath authorize a purchase agreement to provide litter and debris pickup Underpasses at beneath underpasses at 130 and 135 corridor with Phillips 130 and 135 Landscape Management, Incorporated, for the Parks and Corridor Community Services Department based on overall low bid of project areas received, with payments due 30 days from date of invoice; and authorize this agreement to begin on May 4, 2005, and expire May 3, 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-10132 There was presented Mayor and Council Communication No. P- Forklifts 10132 from the City Manager recommending that the City Council authorize the purchase of new forklifts from Equipment Depot for the Public Events and Fire Department for offering the best value at a cost not to exceed $39,691.00. Payment is due 30 days from date the invoice is received. It was the consensus of the City Council that the recommendation be adopted.. P-10133 There was presented Mayor and Council Communication No. P- Top Dressing 10133 from the City Manager recommending that the City Council Sand and Sand authorize a purchase agreement with Big Sandy Sand Company to Trap Sand furnish top dressing sand and sand trap sand for the Parks and Community Services Department, Golf Operations, based on the low bid meeting specifications with payment due 30 days after receipt of invoice; authorize this agreement to begin May 3, 2005, and expire on May 2, 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 791, "The Interlocal Cooperation Act". It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 9 of 22 P-101.34 There was presented Mayor and Council Communication No. P- Minor 10134 from the City Manager recommending that the City Council Equipment authorize the purchase of new minor equipment from multiple vendors for the Water Department, based on the low bid meeting specifications, not to exceed $49,999.00. Payment is due 30 days from date the invoice is received: Vendor Name Item Numbers Extended Total United Rentals 1, 2, 3, 4, 5, 8, $31,669.00 10 & 11 Texas Contractors 6 & 9 $12,214.00 Supply USSB dba US Saws 7 $ 61116.00 TOTAL $49,999.00 It was the consensus of the City Council that the recommendation be adopted. P-10135 There was presented Mayor and Council Communication No. P- Wiring 10135 from the City Manager recommending that the City Council Harnesses authorize a purchase agreement for wiring harnesses with KILT Systems for the Police Department based on the vendor's list price less 45 percent discount. Payment is due 30 days from date the invoice is received; and authorize this agreement to begin May 3, 2005, and expire on May 2, 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-10136 There was presented Mayor and Council Communication No. P- Latent 10136 from the City Manager recommending that the City Council Fingerprint authorize the purchase of a latent fingerprint system, from Foray System Technologies for the Police Department Crime Lab for an amount not to exceed $46,500.00. Cost includes delivery, set-up, training and a two-year warranty. It was the consensus of the City Council that the recommendation be adopted. P-10137 There was presented Mayor and Council Communication No. P- Fire Hoses 10137 from the City Manager recommending that the City Council authorize the purchase of fire hoses from Four Alarm Fire Equipment for the Fire Department based on overall low bid meeting specifications at a cost not to exceed $39,865.00 with payment due 30 days after receipt of invoice. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 10 of 22 P-10138 There was presented Mayor and Council Communication No„ P- Waste Disposal 10138 from the City Manager recommending that the City Council: 1. Authorize a purchase agreement for waste disposal services with Cold Springs Processing and Disposal for the Water Department with 30 day payment terms with prices as follows: BID TABULATION --Cold Springs Processing and Disposal Waste Disposal Price Per Cubic Yard 50 yards or less per month $45.00 51 yards to 100 yards per month $40.00 101 yards or more per month . $38.50 2. Authorize this agreement to begin May 3, 2005, and expire May 2, 2006, with options to renew for four additional one- year periods; and 3. 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-1 0139 There was presented Mayor and Council Communication Noy P- Road Service 10139 from the City Manager recommending that the City Council: Tire Repair 1. Authorize a purchase agreement for road service tire repair with Rick's Tire Service Incorporated, for the Equipment Services Department. Prices will be based on the best value. Payment is due 30 days from date the invoice is received: Description Unit Price A. Tire repair for on road tires $15.00 each within 30 miles at: B. Tire repair for off road tires $40.00 each within 30 miles at: C. One time service call charge $25.00 each at: D. Mileage charge for calls $ 1.50 per mile outside 30 miles at: CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 11 of 22 2. This agreement to begin May 16, 2005, and expire on May 15, 2006, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-1 4080 There was presented Mayor and Council Communication No. L- Right-of-Way 14080 from the City Manager recommending that the City Council Easement approve the acceptance of one right-of-way easement described as a portion of David Hitson Survey, Abstract No. 665, Tarrant County, Texas, from James C. Taber and Cynthia A. Taber, located south of Brentwood Stair Road and West of Cooks Lane, for the purpose of Hitson Lane street improvements (DOE 2736), necessary to construct and maintain the improvements with the usual rights of ingress and egress at a total cost of$1.00.. It was the consensus of the City Council that the recommendation be adopted. L-14081 There was presented Mayor and Council Communication No. L- Settlement of 14081 from the City Manager recommending that the City Council Claims in approve the proposed settlement of claims of Harmony Realty Lawsuit Entitled Corporation in a lawsuit entitled City of Fort Worth v. Harmony City of Fort Realty Corporation, City of Fort Worth, Fort Worth Independent Worth v. School District and Tarrant County, Texas, Case No. 2005-028821-2 Harmony Realty (DOE 4007), arising from the condemnation of property described Corporation, as a portion of Lot 1, Block 1, Frank Kent Subdivision, Tarrant City of Fort County, Texas, owned by Harmony Realty Company; authorize Worth, Fort payment of $703,170.00 to Harmony Realty Corporation, with the Worth check made payable to "Harmony Realty Corporation"; and Independent authorize the appropriate City representatives to execute the School District documents necessary to complete the settlement. Council Member and Tarrant Davis made a motion, seconded by Council Member Lane, that the County, Texas, recommendation be adopted. The motion carried unanimously. Case No. 2006- 0288121-2 C-20686 There was presented Mayor and Council Communication No. C- Change Order#1 20686 from the City Manager recommending that the City Council to CSC #30053 — authorize the City Manager to execute Change Order No. 1 to City JLB Contracting, Secretary Contract No. 30053 with JLB Contracting, LP, in the LP amount of $38,574.72 for HMAC Surface Overlay 2004-9 at various locations, thereby increasing the total contract amount to $637,279.22. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 12 of 22 C-20687 There was presented Mayor and Council Communication No. C- All-Tex Paving, 20687 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with All-Tex Paving, Inc., in the amount of $626,816.00 for 75 working days for HMAC Surface Overlay 2005-10 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20688 There was presented Mayor and Council Communication No. C- Peachtree 20688 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 $711,664.00 for 70 working days for HMAC Surface Overlay 2005-11 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20689 There was presented Mayor and Council Communication No. C- Peachtree 20689 from the City Manager recommending that the City Council Construction, authorize City Manager to execute a contract with Peachtree Ltd. Construction, Ltd., in the amount of $620,090.00 for 66 working days for HMAC Surface Overlay 2005-14 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20690 There was presented Mayor and Council Communication No. C- JLB Contracting, 20690 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 $640,055.00 for 70 working days for HMAC Surface Overlay 2005-19 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20691 There was presented Mayor and Council Communication No. C- JRJ Paving, LP 20691 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with JRJ Paving, LP, in the amount of $746,903.00 for 75 working days for HMAC Surface Overlay 2005-7 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-20692 There was presented Mayor and Council Communication No. C- Ord. #16410-05- 20692 from the City Manager recommending that the City Council. 2005 1. Adopt Supplemental Appropriation Ordinance No. °16410-05- Ord. #16411-05- 2005 increasing appropriations in the Culture and Tourism 2005 Fund in the amount of $39,700.00 and decreasing the Huitt-Zollars, Unreserved Fund balance by the same amount, for the Inc. purpose of transferring said funds to the Specially Funded Capital Projects Fund; CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 13 of 22 2. Authorize the transfer of $39,700.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adopt Appropriation Ordinance No. 16411-05-2005 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $39,700.00 from available funds for the purpose of funding a delivery order under the City's Annual Architectural Services Agreement with Huitt-Zollars, Inc., for design services to develop a more pedestrian-friendly Rodeo Plaza; and 4. Authorize the City Manager to execute a Delivery Order in the amount of $31,700.00, under the City's Annual Architectural Services Agreement with Huitt-Zollars, Inc., for design services to develop a more pedestrian-friendly Rodeo Plaza. It was the consensus of the City Council that the recommendation be adopted. C-20693 There was presented Mayor and Council Communication No. C- North Central 20693 from the City Manager recommending that the City Council Texas Council of authorize payment in the amount of$26,281.21 to the North Central Governments Texas Council of Governments as the City's share of the Feasibility Study of the Upper Trinity River Basin for FY2003 and FY2004. It was the consensus of the City Council that the recommendation be adopted. C-20694 There was presented Mayor and Council Communication No. C- Ord. #16412-05- 20694 from the City Manager recommending that the City Council: 2005 NTB Associates, 1. Authorize the transfer of$24,516.78 from the Water & Sewer Inc. Operating Fund to the Water Capital Project Fund in the amount of $16,446.08 and the Sewer Capital Project Fund in the amount of$8,070.78; 2. Adopt Appropriation Ordinance No. 16412-05-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $16,446.00 and the Sewer Capital Project Fund in the amount of $8,070.78 from available funds for the purpose of funding an Engineering Agreement with NTB Associates, Inc., for CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 14 of 22 pavement reconstruction and water and sanitary sewer main replacement on Lynndale Place (Vega Drive to Trail Lake Drive) and Wedgway Drive (Southwest Loop 820 to Odessa Avenue), and 3. Authorize the City Manager to execute an Engineering Agreement with NTB Associates, Inc., in the amount of $57,786.00 for pavement reconstruction and water and sanitary sewer main replacement on Lynndale Place (Vega Drive to Trail Lake Drive) and Wedgway Drive (Southwest Loop 820 to Odessa Avenue) (City Project No. 00163). It was the consensus of the City Council that the recommendation be adopted. C-20695 There was presented Mayor and Council Communication No. C- Ord. #16413-05- 20695 from the City Manager recommending that the City Council: 2005 Freese and 1. Authorize the transfer of$43,450.60 from the Water & Sewer Nichols, Inc. Operating Fund to the Water Capital Project Fund in the amount of $26,018.00 and Sewer Capital Project Fund in the amount of$17,432.60; 2. Adopt Appropriation Ordinance No. 16413-05-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $26,018.00 and the Sewer Capital Project Fund in the amount of $17,432.60 from available funds for the purpose of funding an Engineering Agreement with Freese and Nichols, Inc., for pavement reconstruction and water and sanitary sewer main replacement on Normandy Road (Ederville Road to North Edgewood Terrace and North Edgewood Terrace to Queen Street); and 3. Authorize the City Manager to execute an Engineering Agreement with Freese and Nichols, Inc., in the amount of $106,330.00 for pavement reconstruction and water and sanitary sewer main replacement on Normandy Road (Ederville Road to North Edgewood Terrace and North Edgewood Terrace to Queen Street) (City Project No. 00168). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 15 of 22 C-20696 There was presented Mayor and Council Communication No. C- Ord. #16414-05- 20696 from the City Manager recommending that the City Council: 2005 William J. 1. Authorize the transfer of $763,495.00 from the Water & Schultz, Inc., Sewer Operating Fund to the Sewer Capital Project Fund; dlbla Circle "C" 2. Adopt Appropriation Ordinance No. 16414-05-2005 Construction increasing estimated receipts and appropriations in the Company Sewer Capital Project Fund in the amount of $763,495.00 from available funds for the purpose of funding a contract with William J. Schultz, Inc., dlbla Circle "C" Construction Company for Sanitary Sewer Rehabilitation Contract, Unit 1; and 3. Authorize the City Manager to execute a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company in the amount of $693,495.00 for Sanitary Sewer Rehabilitation Contract LXX (70), Unit 1. City Manager Boswell stated that the heading and Section 1 of the ordinance needed to be amended to reflect "LXX (70)" in between "...Contract, Unit 1." Council Member Davis made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. 0- 20696 be adopted as amended. The motion carried unanimously. C-20697 There was presented Mayor and Council Communication No. C- S. J. Louis 20697 from the City Manager recommending that the City Council Construction of authorize the City Manager to execute a contract with S. J. Louis Texas, Ltd. Construction of Texas,- Ltd., in the amount of $3,967,659.93 for construction of sanitary sewer Main 244-A Village Creek Parallel Collector— Contract 1 (DOE 3295). It was the consensus of the City Council that the recommendation be adopted. C-20698 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20698, Authorize Execution of Engineering Agreement with Skyline Excavation, Inc., for Carver Heights East Model Blocks Sidewalk Improvements, be withdrawn. C-20699 There was presented Mayor and Council Communication No. C- Kimley-Horn and 20699 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute an engineering agreement with Kimley-Horn and Associates, Inc., in the amount of $397,580.00 for Water and Sanitary Sewer Extensions for Stonegate and Arborlawn (City Project No. 00107). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 16 of 22 C-20700 ' There was presented Mayor and Council Communication No. C- Ord. #16415-05- 20700 from the City Manager recommending that the City Council 2005 authorize the City Manager to apply for and accept a contract with TxDOT the Texas Department of Transportation (TxDOT) to operate the Click It or Ticket Selective Traffic Enforcement Program from May 1, 2005, to September 30, 2005; and adopt Appropriation Ordinance No. 16415-06-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $9,905.00, subject to receipt of the grant from the Texas Department of Transportation, for the purpose of funding the Click It or Ticket Selective Traffic Enforcement Program. It was the consensus of the City Council that the recommendation be adopted. C-2070'1 There was presented Mayor and Council Communication No. C- Wide Open 20701 from the City Manager recommending that the City Council Spaces, Ltd. authorize the City Manager to execute a lease agreement with Wide Open Spaces, Ltd., for approximately 1,000 square feet of office space located at 1017 Gounah Street for the Police Department, at a cost of$1.00 per year; and authorize the agreement to begin June 1, 2005, and expire on May 31, 2006. It was the consensus of the City Council that the recommendation be adopted. C-20702 There was presented Mayor and Council Communication No. C- Amend CSC 20702 from the City Manager recommending that the City Council #25211 —Woody amend City Secretary Contract No. 25211 Ground Lease Agreement Woodard Family for lease site 2S with Woody Woodard Family Partnership, LTD., Partnership, dlbla Texas Aviation Services at Meacham International Airport; LTD., dlbla and amend Council approved action related to M&C C-20475 as Texas Aviation approved by City Council on January 4, 2005, to reflect the Services execution of an extension to CSC No. 25211 and the Right to First Refusal for lease sites 6S and 7S with Woody Woodard Family Partnership, LTD., dlbla Texas Aviation Services at Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-20703 There was presented Mayor and Council Communication No. C- Amend Uniform 20703 from the City Manager recommending that the City Council Water Contract- authorize the City Manager to execute a contract amendment with City of Crowley, the City of Crowley, Texas, providing for the construction of an Texas additional wholesale water meter connection to the Fort Worth system. It was the consensus of the City Council that the recommendation be adopted. C-20704 There was presented Mayor and Council Communication No. C- Parks for Play, 20704 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Parks for CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 17 of 22 Play, Inc., in the amount of $232,546.17 for the renovation of playgrounds at Handley, Oakland Lake East and Gateway Parks. It was the consensus of the City Council that the recommendation be adopted. C-20705 There was presented Mayor and Council Communication No. C- Spirit of Prayer 20705 from the City Manager recommending that the City Council: Community and 1. Authorize the reallocation of $255,000.00 in HOME Economic Development Community Housing Development Organization set aside Corporation program funds to Spirit of Prayer Community and Economic Development Corporation (SOP) for the development of three homes in the Stop Six Neighborhood at 5212, 5216 and 5221 Pinson with an option to build three more homes in the Stop Six Neighborhood once the three initial homes have been sold; 2. Authorize the City Manager to execute a contract with SOP, not to exceed a total of$255,000.00; 3. Authorize the contract performance period to begin on the date of contract execution and end eighteen months thereafter; 4. Authorize extension or renewal of the contract for up to six months, if SOP requests an extension; and 5. 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. Council Member Wheatfall made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20706 There was presented Mayor and Council Communication No. C- WR 20706 from the City Manager recommending that the City Council Development, authorize the City Manager to execute a Community Facilities L.P., by WR Agreement with WR Development, L.P., by WR Development, Development, L.L.C., its General Partner, for the installation of water and sewer L.L.C., its services to serve WR Development Addition, Lot 2, Block 1, a General Partner future development, located in far south Fort Worth. Council Member Picht made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 18 of 22 C-20707 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20707, Authorization to Execute an Agreement with the Mistletoe Heights Neighborhood Association for the Construction of a Pavilion in Newby Park, be withdrawn. C-20708 There was presented Mayor and Council Communication No. C- Trinity Bluff 20708 from the City Manager recommending that the City Council Development, authorize the City Manager to execute a Community Facilities Ltd. Agreement with Trinity Bluff Development, Ltd., for the installation of storm drainage facilities for the Trinity Bluff Phase 11 Improvements Project, with City participation not to exceed $992,000.00. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-20709 There was presented Mayor and Council Communication No. C- Pennsylvania 20709 from the City Manager recommending that the City Council Avenue, L.P. authorize the City Manager to execute an Economic and Community Development Program Agreement with Pennsylvania Avenue, L.P., for the Magnolia Green Development Project, subject to subsequent non-material revisions agreed to by the parties, and find that the terms and conditions of the Agreement constitute a custom-designed economic development program, as recommended by the 2004 Comprehensive Plan and authorized by Chapter 380 of the Local Government Code. Oleta Thompson Ms. Oleta Thompson, 100 East 15th Street, Suite 400, was recognized by Mayor Moncrief to address the Council, but indicated she did not wish to address the Council unless there was opposition to the agreement. Mayor Moncrief stated no opposition had been received. Council Member Picht stated that he would support the agreement but that there had to be a point when abatements would be approved based on a pay-as-you-go basis. He encouraged the new Council to look at providing abatement services to suburban communities within the City, such as in District 6 where no abatements had been provided. Mayor Moncrief recognized Mr. Don Scott, President of port Worth South, in the audience and expressed the City's appreciation for Mr. Scott's ten years of service with Fort Worth South. Council Member Davis also expressed appreciation to Mr. Scott stating that many projects would not have occurred without his involvement. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 19 of 22 Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing to authorize the conversion of Mallard Cove Park for use as a natural gas pipeline easement and authorize execution of a License Agreement with West Fork Pipeline Company for construction of park improvements. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Harold Pitchford, representing the Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. C- 20710, as follows: C-20710 There was presented Mayor and Council Communication No. C- West Fork 20710 from the City Manager recommending that the City Council: Pipeline Company 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; 2. Find that no feasible or prudent alternative exists for providing the needed conversion of Mallard Cove Park; 3. Find that the proposed conversion includes all reasonable planning to minimize harm to Mallard Cove Park; 4. Close the public hearing and authorize the City Manager to convert the dedicated parkland for use of a natural gas pipeline to be placed in a portion of land situated in Mallard Cove Park, William Masters Survey, Abstract No. 1048, and in the William Morris Survey, Abstract No. 1053, Fort Worth, Tarrant County, Texas; 5. Authorize the execution of a License Agreement with West Fork Pipeline Company to construct park improvements at a value equal to or greater than the assessed $96,756.39 License Agreement fee; and 6. Authorize the acceptance of park facility improvements valued at $96,756.39 in-lieu-of the assessed License Agreement fee. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 20 of 22 Benjamin Mr. Benjamin Robertson, P. O. Box 9207, appeared before Council Robertson in support of this issue. He proposed that a portion of the funds generated by the assessed fee be used to build a playground facility for Mallard Cove Park. He provided the Council with specifications of his proposal to include costs, design, and naming the park "Chief Himes Fireman Park" in recognition of the 32 years of service by former Fort Worth Fire Department Chief Luther Himes. Council Member Haskin requested a clarification as to whether this was a pipeline easement or a line for gas well drilling. City staff explained it was granting a pipeline easement. They added that a fee of $56,756.39 would be assessed and the funds would be used for access improvements to the park. There was further clarification that park improvements could be accomplished through the use of park dedication funds for this area. There being no one else present desiring to be heard in connection with the public hearing to authorize the conversion of Mallard Cove Park for use as a natural gas pipeline easement and authorize execution of a License Agreement with West Fork Pipeline Company for construction of park improvements, Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and Mayor and Council Communication No. C-20710 be adopted with the understanding that staff would work towards the goal of developing the playground. The motion carried unanimously. ZC-04-335 It appeared that the City Council set today as the date for a special SP-05-002 hearing of the application of J. Michael Sadler for a change in Denied Without zoning of property located at 4307 Fair Park Boulevard from "F-R" Prejudice General Commercial Restricted to "PDISU" Planned Development/Specific Use for private parties with sales of alcohol for on-premises consumption, with site plan required, Zoning Docket No. ZC-04-335 and Site Plan No. SP-05-002. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Louis Zapata Mr. Louis Zapata, P. O. Box 4384, representing the applicant, appeared before Council in opposition of the City Zoning Commission's recommendation to deny the zoning change. He explained his client's position for the use of the facility and stated that he had met with neighborhood residents and addressed their i concerns, although they were still opposed to the sale of alcohol. CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 21 of 22 He submitted a petition of 100 signatures from individuals who supported the zoning change. He added that he had also addressed the concerns of City staff and that his client had made a great effort to conform to City requirements and work with the residents. Frank Garza Mr. Frank E. Garza, 1159 E. Prince Street, appeared before Council in support of the City Zoning Commission's recommendation to deny the zoning change. He advised the Council of incidents that had occurred at the property and stated that Police reports had been filed on numerous occasions. He requested the Council deny the zoning change. Council Member Davis stated that although she appreciated the efforts of Mr. Zapata and the applicant to address the concerns of the neighborhood, there was no guarantee that the owner of the property would always be the current owner. She added that if the property were sold, the area would be saddled with another establishment that sold alcohol. She further stated that there was already a problem with the sale of alcohol on East Seminary Drive and she could not support the zoning change. There being no one else present desiring to be heard in connection with the application of J. Michael Sadler, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed and that Zoning Docket No. ZC-04-335 and Site Plan No. SP-05-002 be denied without prejudice. The motion carried unanimously. (Council Member Lane stepped away from the dais and did not return.) Citizen Mr. Michael Mallick, 3715 Camp Bowie Boulevard, representing Presentations Vertex Investments, Inc., relative to the demolition of the Riverside Michael Mallick Village Apartments. He stated that a workshop was conducted on April 5, 2005, to address concerns of the public relative to the asbestos abatement method that would be used. He added that another public meeting was conducted on April 28, 2005, at Briscoe Elementary School and that-an overview of the asbestos survey and samples, air samples, structural inspection of the buildings, the proposed demolition procedures, and safety precautions were provided. He further stated that the public meeting ended in a positive manner with an overwhelming majority of the citizens in support of the project and proposed safety procedures. Mayor Pro tempore McCloud expressed appreciation to Mr. Mallick for all his work to address the concerns of the community, especially in regard to safety of the abatement, and that he went CITY COUNCIL MEETING FORT WORTH, TEXAS MAY 3, 2005 PAGE 22 of 22 over and above State requirements. He also thanked Jerome Walker, Housing Department Director, Assistant City Manager Dale Fisseler, and Brian Boerner, Environmental Management Department Director for all their efforts. Glenn Forbes Mr. Glenn S. Forbes, 1150 S. Freeway, Suite 148, representing Southeast Fort Worth, Inc., stated that he appreciated the efforts of all those involved in the demolition issue. Sheryl Heft Ms. Sheryl Heft, 1965 Alston Avenue, appeared before Council and invited them to attend the 23rd Annual Tour of Homes in the Fairmount Neighborhood on May 7 and 8, 2005, from noon until 6:00 p.m., beginning with a parade on May 7, 2005, at 10:00 a.m. Gwynner Ms. Gwynne McDonald, 5437 Voider Drive, .was recognized by McDonald Mayor Moncrief to , address the Council relative to garage enclosures, but she was not present in the Council Chamber to speak. City Attorney Yett stated that Assistant City Attorney Sarah Fullenwider had met with Ms. McDonald prior to the Council meeting and stated that a report would be forthcoming to Council within the next few weeks. Linda Delamare Ms. Linda Delamare, 5428 Voider, appeared before Council also relative to the Development Department's requirement to file a variance for garage enclosures. She informed the Council of inconsistencies in conformance and compliance and asked the Council to refund the $170.00 fling fee paid by Ms. McDonald until such time the City could uniformly enforce variance guidelines. City Attorney Yett stated that he would provide a report to the Council with a full analysis of this issue. Adjournment There being no further business, the meeting was adjourned at 8:42 p.m. These minutes approved by the Fort Worth City Council on the 26th day of April, 2005. Attest: Approved: w Marty Hendrix Michael J. Monc f City Secretary Mayor SPECIAL CITY COUNCIL MEETING MAY 3, 2005 Date &Time On the 3"d day of May, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in special session, at 5:37 p.m., 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 Wheatfaii, Clyde Picht, John Stevenson and Wendy Davis; City Manager Charles Boswell; City Attorney David Yett and City Secretary Marty Hendrix. With more than a quorum present, the following business was transacted: Executive Session It was the consensus of the City Council that the City Council meet in closed session at 5:37 p.m.to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules, and as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning the Charter Cable liquidated damages claim; b) Legal issues concerning any item listed on today's City Council meeting agenda; and 2. Deliberate the purchase, exchange, 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 551.076 of the Texas Government Code; and 5. Deliberate concerning the performance evaluations of the following City Council appointed officials in accordance with Section 551.074 of the Texas Government Code: (a)City Manager (b)City Attorney (c)City Secretary (d)City Auditor Adjournment There being no further business the meeting was adjourned at 6:02 p.m. Attest: Appr Marty Hendr Mi el J. ncnef City Secretary Mayo