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HomeMy WebLinkAbout2005/06/21-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 Date & Time On the 21St day of June, A.D., 2005, the City Council of the City of Fort Worth, Texas, met in regular session at 10:13 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Chuck Silcox; Council Members Salvador Espino, Becky Haskin, Donavan Wheatfall, Carter Burdette, and Kathleen Hicks; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Clyde Picht was absent and Council Member Wendy Davis was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Laird Duran, Evangelical Lutheran Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Mayor Pro tempore Silcox, seconded by Council Member Haskin, the minutes of the regular meeting of June 14, 2005, were approved unanimously. Special Mayor Moncrief introduced Messers Anthony Butorac, member of Presentations the Youth Advisory Board, and Taylor Burdette, grandson of Council Member Carter Burdette. (Council Member Davis assumed her chair at the dais.) Mr. Butorac, 3812 Wosley Drive, Co-Chairman of the Youth Advisory Board, informed the Council and audience that the Youth Advisory Board was in the planning stages to host a Youth Town Hall Day on September 17, 2005. He stated that the town hall would have several sessions where the youth of the City could express their concerns to the Council. Council Member Davis presented a Proclamation for Commute Solutions Season to Mr. Tim Keleher, Fort Worth Chamber of Commerce, and Mr. Dick Ruddell, Fort Worth Transportation Authority. Mr. Keleher expressed appreciation to the Council and the North Texas Clean Air Coalition for their commitment to cleaner air. Mr. Ruddell announced that The "T" would conduct the Free Fare Day campaign on July 6, 2005, to encourage everyone to take at least one trip that day on The "T" to promote cleaner air. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 2 of 19 Res. #3217-06- Marty Hendrix, City Secretary, advised the City Council that the 2005 official count of the City Council Runoff Election held on June 11, Canvass 2005, was completed and the returns of the runoff election, as Returns & reported by the presiding officers of each voting precinct who, Declaration of upon their oath, stated the returns of their respective boxes were Results of true and correct, as follows: Runoff Election Held on RETURNS OF THE June 11, 2005 RUNOFF ELECTION JUNE 11, 2005 Member of the City Council — District 6 Jungus Jordan 1,668 Byron de Sousa 1,608 Council Member Davis made a motion, seconded by Council Member Haskin, that the City Council adopt Resolution No. 3217- 06-2005 canvassing the returns of the Runoff Election and declaring the results of the Runoff Election held on June 11, 2005, and finding correct that Jungus Jordan be elected to City Council District 6. The motion to approve the resolution canvassing the returns was adopted unanimously eight (8) ayes to zero (0) nays. Presentation of Mayor Moncrief presented Jungus Jordan with his Certificate of Certificate of Election. Mr. Jordan expressed appreciation to District 6 residents Election for electing him to represent them and added that he was very honored to serve. Announcements Council Member Wheatfall announced that he had been selected for jury duty on Tuesday, June 28, 2005. He stated that he would do whatever he could to ensure that District 5 residents were represented on the Council that day, but stated he did have to report there first. Council Member Hicks expressed appreciation to everyone who attended one of the many successful Juneteenth events held in District 8 last week. Council Member Burdette announced that he and City staff would conduct a meeting tonight at 6:30 p.m. at Redeemer Bible Church to address issues with granting gas well permits in the City. He stated that there would be an extensive explanation of how the process works and an exchange of thoughts and ideas with citizens in this area. He further stated that he was pleased his grandson, Taylor Burdette was in attendance. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 3 of 19 Council Member Espino announced that there would be a District 2 breakfast at Los Alamos Restaurant on Saturday, June 25, 2005, at 8:30 a.m. and that everyone interested could call his office at (817) 392-8802 for more information. Withdrawn from There were no items withdrawn from the consent agenda. Consent Agenda Continued/ There were no items continued or withdrawn by staff. Withdrawn By Staff Consent Agenda On motion of Mayor Pro tempore Silcox, seconded by Council Member Burdette, the consent agenda was adopted unanimously. Presentations by There were no changes presented by the City Council in City Council memberships in the City's boards and commissions. C.P. #254 There was presented Council Proposal No. 254 proposing that the: Emergency Crime District 1. City Council authorize the City Manager to seek an Funding of emergency appropriation of funds not to exceed $100,000.00 Summer from the Crime Control and Prevention District to fund Programs summer youth programs targeting youth at-risk; Targeting Youth At-Risk 2. City Manager take the appropriate steps necessary to complete the public hearing process and to seek approval from the Crime Control and Prevention Board of Directors for these funds as soon as practicable; 3. City Manager bring forward to the City Council an M&C awarding a contract to a collaboration of organizations including UMOJA, the Men and Women of POWER, Soldiers of Peace, the Nile Group, and the Near Northside Partnership Council for a contract period of July 1, 2005, through December 31, 2005, that targets youth at-risk; and 4. City Manager fund the contract utilizing General Fund appropriations on an emergency basis through the fund balance to be reimbursed through Crime District funds once these funds are approved. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 4 of 19 Assistant City Manager Joe Paniagua stated that, as requested in the Pre-Council Work Session, the Council Proposal was amended as follows: There was presented Council Proposal No. 254 proposing that the: 1. City Council authorize the City Manager to seek an appropriation of funds of not less than $100,000.00 from the Crime Control and Prevention District to fund summer youth programs targeting youth at- risk; 2. City Manager take the appropriate steps necessary to complete the public hearing process and to seek approval from the Crime Control and Prevention Board of Directors for these funds as soon as practicable; 3. City Manager bring forward to the City Council an M&C awarding a contract or contracts to a collaboration of organizations including, but not limited to, UMOJA, the Men and Women of POWER, Soldiers of Peace, the Nile Group, and the Near Northside Partnership Council for a contract period of July 1, 2005, through December 31, 2005, that targets youth at-risk; and 4. City Manager propose funding of the contract or contracts utilizing General Fund appropriations on an emergency basis through the fund balance to be reimbursed through Crime District funds once these funds are approved. Luther Perry Mr. Luther Perry, 5228 Blue Valley Court, appeared before Council in support of the Council Proposal. He stated that the organizations reflected in the proposal had been in existence for some time and had been quite successful in their gang intervention endeavors. He spoke about their Summer "CHILL" program and invited the Council to participate in a District 5 March on June 25, 2005, from 9:00 a.m. to 1:00 p.m. Angela Lee Ms. Angela M. Lee, 8728 Cover Meadow Lane, appeared before Council in support of the Council Proposal. She stated that her son was killed in April 2005 as a result of gang activity. She added that the proposal would provide needed funding to develop programs that would make a difference in the lives of children. She encouraged the Council to participate in the Stop the Violence March on June 25, 2005. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 5 of 19 Mayor Moncrief also acknowledged the following individuals who completed citizen presentation cards, but did not wish to speak: Roy Muhammad, Mr. Roy Muhammad 3733 San Rose Drive Cynthia Carter, Ms. Cynthia Carter 5609 Rickenbacker Place Aundrea Ms. Aundrea Matthews 4850 Dunlap Drive Matthews, Mr. Johnny Cook 2809 Finley Johnny Cook Council Member Wheatfall stated that the Council Proposal addressed a very serious issue and that he did not intend to overlook protocol or exclude input from other Council Members by bringing this problem forward. He added that he hoped this would not preclude the funding needed for these programs. He further stated he wanted to go forward with the amended language in the Council Proposal and to bring back an M&C for Council consideration next week. Council Member Haskin stated that she supported the idea and concept, but only one that was inclusive of all districts and other programs. She pointed out the large number of gang members that live in her district. She expressed her concern for this amended proposal limiting the number of programs and the open- ended funding. She stated she could not support this proposal and indicated that the City Manager could bring forward the M&C without the Council Proposal. Council Member Davis expressed condolences to Ms. Lee for her loss. She stated that she would support this issue as amended and requested that the Council be provided with a report on the budget of the proposed organizations to see what services they can provide for the funding amount. She added that she wants an organized effort. Council Member Espino expressed appreciation to Council Member Wheatfall and the speakers for their heartfelt comments and to Council Member Davis for her insight. He requested that the M&C be flexible and inclusive of all districts and organizations. He added that the Council had always supported gang intervention. Council Member Hicks stated that she supported this issue and added that a young honor student who attended school in Houston had been gunned down on Riverside and Berry for a $50.00 Starter jacket. She further stated that this issue was about prevention in all areas of the City and urged the Council to look at this issue very closely. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 6 of 19 Mayor Pro tempore Silcox indicated he supported many of the comments made and that he would support the Council Proposal amendment. Council Member Burdette stated that he would support the proposal but expressed concern that the gang problem was a Citywide problem, not just a district problem. He added he is concerned with the funding amount and where it will go. Council Member Wheatfall made a motion, seconded by Council Member Hicks, that the Council Proposal be adopted as amended. The motion carried seven (7) ayes to one (1) nay with Council Member Haskin casting the descending vote and Council Member Picht absent. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. Res. #3218-06- There was presented Resolution No. 3218-06-2005 appointing 2005 Cornelia R. Mendez as substitute hearing officer in the Parking Appoint Cornelia Violations Bureau to serve for a two-year term, on an as needed R. Mendez as basis during the absence of the Hearing Officer. Mayor Pro Substitute tempore Silcox made a motion, seconded by Council Member Hearing Officer Burdette, that the resolution be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. OCS-1492 There was presented Mayor and Council Communication No. OCS- Liability Bonds 1492 from the Office of the City Secretary recommending that the Approval City Council authorize the acceptance of these liability bonds, as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Alcorp Construction Texas Bonding Company Anderson Concrete Construction United Fire& Casualty Company Coronado Builders, Ltd. Merchants Bonding Company (Mutual) DFW Concrete, Inc. Western Surety Company Espinoza Concrete Construction Western Surety Company General Concrete Contractor Western Surety Company Haws& Tingle, Ltd. Merchants Bonding Company (Mutual) HC Smith, Inc. RLI Surety Division Joshua's Roofing Company Western Surety Company JRM &Associates Western Surety Company Mario Garcia Western Surety Company Moreno Concrete Old Republic Surety Company CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 7 of 19 Morgan Concrete Western Surety Company Orion Group Western Surety Company Pavecon, Ltd. Western Surety Company Quality Concrete Western Surety Company R J Construction Western Surety Company Ragon-Barnes General Contractors, RLI Surety Division Inc. Red Ryder Services RLI Surety Division Shawn T. Mackey Construction, Inc. State Farm Fire &Casualty Company SYB Construction Company, Inc. Insurance Company of the West TDH Construction, Inc. Trinity Universal Insurance Company Terry Lambert Concrete Western Surety Company The Concrete Construction Company American Sates Insurance Company Uni-Tex Construction RLI Surety Division Water, Earth Solutions& Technologies, Western Surety Company Inc. Alaniz Bros. Concrete Western Surety Company B V E Precision Concrete Western Surety Company B.T. Construction, Inc. American Sates Insurance Company Caterino Vasquez Concrete Western Surety Company Chas'n Concrete RLI Surety Division Gene Walker&Son Concrete, Inc. Western Surety Company Jessie Maberry Western Surety Company Jesus Raul Rodriquez Concrete RLI Surety Division JMC Concrete, Inc. Western Surety Company Jose Salinas Western Surety Company Manuel Rocha RLI Surety Division Master Concrete Company, Inc. Western Surety Company Mustang Construction Services, Ltd. Hartford Casualty Insurance Company Osburn Contractors Washington International Insurance Company Paradis Brothers Construction RLI Surety Division Potter Concrete, Ltd. Merchants Bonding Company (Mutual) Reeder Excavation & Concrete, LP Guarantee Company of North America USA Sheridan Homes, Inc. Old Republic Surety Company Stovall Construction, Inc. RLI Surety Division SVA Concrete Company RLI Surety Division T.R.J. Construction Company Western Surety Company Texas Holiday Builders, LP dba RLI Surety Division Holiday Builders Woodhaven Homes Old Republic Surety Company Wright Construction Company Merchants Bonding Company (Mutual) CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 8 of 19 CANCELLATIONS CONTRACTOR'S CANCELLATION INSURANCE BOND DATE COMPANY B.T Construction January 28, 2005 American States Davis-Dyer-Max, Inc. Insurance Company It was the consensus of the City Council that the recommendation be adopted. OCS-1493 There was presented Mayor and Council Communication No. OCS- Claims 1493 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1494 There was presented Mayor and Council Communication No. OCS- Res. #3219-06- 1494 from the Office of the City Secretary recommending that the 2005 City Council adopt Resolution No. 3219-06-2005 setting the regular Setting Regular zoning hearing for July 19, 2005. Council Member Haskin made a Zoning Hearing motion, seconded by Council Member Wheatfall, that the resolution be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. G-14832 There was presented Mayor and Council Communication No. G- Replace Surety 14832 from the City Manager recommending that the City Council Policies for authorize the City Manager to sign the "Certificate" acknowledging Water and Sewer the replacement of surety policies for three Water and Sewer bond System Debt issues and holding Financial Security Assurance harmless for any Service Reserve claims under the original policies. It was the consensus of the City Fund Council that the recommendation be adopted. (Council Member Wheatfall stepped away from the dais.) G-14833 There was presented Mayor and Council Communication No. G- Additional Surety 14833 from the City Manager recommending that the City Council Coverage for authorize the purchase of additional surety coverage from Water and Sewer Financial Security Assurance (FSA) for the Water and Sewer System Debt Revenue Debt Service Fund at a total cost of $142,283.00. It was Service Reserve the consensus of the City Council that the recommendation be Fund from FSA adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 9 of 19 G-14834 There was presented Mayor and Council Communication No. G- Reject Bids for 14834 from the City Manager recommending that the City Council HMAC Surface reject all bids received for HMAC Surface Overlay (2005-13); and Overlay (2005- authorize readvertising the project for bid at the earliest possible 13) and convenience. It was the consensus of the City Council that the Readvertise recommendation be adopted. Project for Bid G-14835 There was presented Mayor and Council Communication No. G- Semi-Annual 14835 from the City Manager recommending that the City Council Impact Fees adopt the Citizen Advisory Committee's Semi-Annual Progress Progress Report report concerning the status of the Water and Wastewater Capital of Water and Improvements Plan Impact Fees. It was the consensus of the City Wastewater Council that the recommendation be adopted. Capital Improvements Plan G-14836 There was presented Mayor and Council Communication No. G- Res. #3220-06- 14836 from the City Manager recommending that the City Council 2005 adopt Resolution No. 3220-06-2005 authorizing the maximum Increase amount to be paid to Cantey & Hanger, to assist the City Attorney Payment to in representing the City of Fort Worth regarding legal issues Cantey & Hanger including, but not limited to, real estate concerning SH121T, be for Legal increased to $150,000.00. Representation Concerning City Attorney Yett stated that the recommendation section of the SH121T M&C needed to be amended as follows: "It is recommended that the City Council adopt the attached resolution authorizing...". Mayor Pro tempore Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted as amended. The motion carried unanimously seven (7) ayes to zero (0) nays. G-14837 There was presented Mayor and Council Communication No. G- Partial Approval 14837 from the City Manager recommending that the City Council of Historic Site approve the application from multiple property owners for partial Tax Exemption approval of the Historic Site Tax Exemption for properties located at Pertaining to 1641 South Adams Street, 1944 5t" Avenue, 1715 College Avenue, Historically 2312 Harrison Avenue, 2343 Mistletoe Boulevard, 1024 Lilac Street, Designated 2308 Mistletoe Boulevard, 2256 College Avenue, 1512 Lipscomb Properties Street, 2104 Washington Avenue, 1810 5t" Avenue and 2001 Pembroke Drive. Council Member Hicks made a motion, seconded by Council Member Davis, that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 10 of 19 The motion carried unanimously seven (7) ayes to zero (0) nays. G-14838 There was presented Mayor and Council Communication No. G- Verify Historic 14838 from the City Manager recommending that the City Council Site Tax approve the applications from multiple property owners for Exemption for verification of the Historic Site Tax Exemption for 1401 South Various Adams Street, 1724 5t" Avenue and 1810 5t" Avenue. Council Properties Member Davis made a motion, seconded by Council Member Espino, that the recommendation be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays. P-10174 There was presented Mayor and Council Communication No. P- Water Meters, 10174 from the City Manager recommending that the City Council Strainers and authorize a purchase agreement for water meters with Master Gaskets Meters, Inc. (Item 1), Sensus Metering Systems (Item 2), AMCO Water Metering Systems, Inc. (Items 3, 4, 6, 7, 9, 10, 14, 15, 21 through 23, 27 through 29), Hersey Meters Company (Items 5, 16, 17, 24, 25, 30, 31, with two percent discount if paid within 30 days), and Badger Meter, Inc. (Items 8, 11, 12, 18 through 20, 21A, 24A, 25A, 26 and 32), based on the low bid of unit prices meeting specifications and strainers and gaskets to fit the meters. Payment is due 30 days after receipt of invoice and freight included in the unit price; authorize this agreement to begin June 21, 2005, and expire June 20, 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 Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 11 of 19 L-14107 There was presented Mayor and Council Communication No. L- Permanent 14107 from the City Manager recommending that the City Council Drainage approve the acceptance of a permanent drainage easement Easement, described as A-1537, John Wagley Survey, Tarrant County, Texas, Permanent three permanent water easements described as A-487, Erasmus H. Water Elkins Survey, and A-53, James P. Alford Survey, Tarrant County, Easements, Texas, one permanent sanitary sewer easement described as A- Permanent 487, Erasmus H. Elkins Survey, Tarrant County, Texas, and one Sanitary Sewer Storm Water Facility Maintenance Agreement described as A-487, Easement and A-53, A-1798, Erasmus H. Elkins Survey, J.P. Alford Survey, and Storm Water Robertson Survey, Tarrant County, Texas, from various owners Facility located in far north Fort Worth (DOE 4554), necessary for the water, Maintenance sewer and drainage improvements to service the Bar C Ranch Agreement Development, Phases I and 6A, just north of the TESCO (ONCOR) right-of-way, which will service the subdivision, located north of Bailey Boswell Road, east of Wagley Robertson Road, for a total cost of $6.00. It was the consensus of the City Council that the recommendation be adopted. L-14108 There was presented Mayor and Council Communication No. L- Permanent 14108 from the City Manager recommending that the City Council Sewer Line approve the acceptance of one permanent sewer line easement Easement described as a portion of the Alexander F. Albright Survey, Abstract No. 1849, Tarrant County, Texas, from Lewisville Partnership, LTD, for property located in northwest Fort Worth (DOE 4820), necessary for the construction, operation, maintenance and repair of sewer facilities to serve Longhorn Plaza, located south of Longhorn Road and east of old Decatur Road, at a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-14109 There was presented Mayor and Council Communication No. L- Tax Foreclosed 14109 from the City Manager recommending that the City Council Properties approve the sale of surplus tax foreclosure properties as described below, in accordance with Section 272.001 of the Texas Local Government Code for a total of $45,510.00, and authorize the City Manager to execute the appropriate deeds conveying the properties to the highest bidder complying with bid specifications: Address Legal Description 271826 th Street Lot 15, Block 101, Rosen Heights Second Filing Addition 1226 Ash Crescent Street Lot 11 and North 42' of Lot 12, Block 58, Highland to Glenwood Addition CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 12 of 19 1901 Avenue C Lot 13, Block 61, Highland to Glenwood Addition 1412 Belzise Terrace Lot 8, Block 76, Highland to Glenwood Addition 355 Exeter Street Mid Pt Lot 1 and West Mid Pt Lot 2, Block 37, Glenwood Addition 4205 Fain Street Being .140 acres, more or less out of Abstract No. 1523, Lewis G. Tinsley Survey 1424 Jennings Avenue South Lot 15R, Block 2, S.O. Moodie Subdivision Addition 0 Marian Avenue Lot 6, Block 7, Ryan Southeast Addition 2907 Market Avenue Lot 4, Block 11, Hill Addition It was the consensus of the City Council that the recommendation be adopted. C-20796 There was presented Mayor and Council Communication No. C- BSG Pipeline, 20796 from the City Manager recommending that the City Council Ltd. authorize the City Manager to execute a Public Right-of-Way Use Agreement with BSG Pipeline, Ltd., that grants BSG a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. C-20797 There was presented Mayor and Council Communication No. C- Feed By Grace 20797 from the City Manager recommending that the City Council authorize the reallocation of $49,659.00 in Year XXIX Community Development Block Grant Funds; authorize the City Manager to execute a contract with Feed By Grace not to exceed $49,659.00 in Year XXIX Community Development Block Grants Funds for the Feed By Grace Work Program; authorize the contract period to begin June 1, 2005, and ending May 31, 2006; and authorize the option to extend the contract for up to one year. It was the consensus of the City Council that the recommendation be adopted. C-20798 There was presented Mayor and Council Communication No. C- Stroud Energy, 20798 from the City Manager recommending that the City Council Ltd. authorize the City Manager to execute a Public Right-of-Way Use Agreement with Stroud Energy, Ltd., that grants Stroud Energy a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 13 of 19 C-20799 There was presented Mayor and Council Communication No. C- Tarrant County 20799 from the City Manager recommending that the City Council Tax Assessor- authorize the City Manager to execute an agreement between the Collector Tarrant County Tax Assessor-Collector and the City of Fort Worth for providing assessment and collection services of the Fort Worth Public Improvements Districts assessments levied by the City for the 2005 Tax Year covering the period October 1, 2005, to September 30, 2006. It was the consensus of the City Council that the recommendation be adopted. C-20800 There was presented Mayor and Council Communication No. C- Tarrant County 20800 from the City Manager recommending that the City Council Tax Assessor- authorize the City Manager to execute an agreement between the Collector Tarrant County Tax Assessor-Collector and the City of Fort Worth for providing assessment and collection services of ad valorem taxes levied by the City for the 2005 Tax Year covering the period October 1, 2005, to September 30, 2006. It was the consensus of the City Council that the recommendation be adopted. C-20801 There was presented Mayor and Council Communication No. C- Fort Worth 20801 from the City Manager recommending that the City Council Economic approve the use of $275,000.00 in Community Development Block Development Grant (CDBG) Year XXIX funds to re-capitalize the Fort Worth Corporation Economic Development Corporation Micro Loan program; and authorize the City Manager to extend and execute the agreement with the Fort Worth Economic Development Corporation for a fee not to exceed $45,927.00 over a period of three years for loan origination and loan servicing activities for the Micro Loan program utilizing CDBG Year XXIX, XXX and XXXI funds. It was the consensus of the City Council that the recommendation be adopted. C-20802 There was presented Mayor and Council Communication No. C- Durable 20802 from the City Manager recommending that the City Council Specialties, Inc. authorize the City Manager to execute a contract with Durable Specialties, Inc., in the amount of $257,200.00 for the installation of four traffic signals at the intersections of Basswood Boulevard and Parkwood Hill Boulevard; Brentwood Stair Road and Woodhaven Boulevard/Wilson Road; Beach, Belknap and Yucca; and House- Anderson Road and Trinity Boulevard. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 14 of 19 C-20803 There was presented Mayor and Council Communication No. C- Cornerstone 20803 from the City Manager recommending that the City Council Appraisal authorize the City Manager to execute a Real Estate Appraisal Company Review Contract with Cornerstone Appraisal Company, for review appraisal assignment, related to the acquisition of parcels in the North Runway Extension, northwest of Fort Worth Alliance Airport (DOE 3620), for an amount not to exceed $7,800.00. It was the consensus of the City Council that the recommendation be adopted. C-20804 There was presented Mayor and Council Communication No. C- Ord. #16478-06- 20804 from the City Manager recommending that the City Council 2005 authorize the transfer of $848,819.46 from the Water and Sewer Patco Utilities, Operating Fund to the Sewer Capital Project Fund; adopt Inc. Appropriation Ordinance No. 16478-06-2005 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $848,819.46 from available funds for the purpose of funding a contract with Patco Utilities, Inc., for Sanitary Sewer Rehabilitation Contract LXV (65) Unit 3; and authorize the City Manager to execute a contract with Patco Utilities, Inc., in the amount of $771,619.46, for Sanitary Sewer Rehabilitation Contract LXV (65), Unit 3. It was the consensus of the City Council that the recommendation be adopted. C-20805 There was presented Mayor and Council Communication No. C- Union Pacific 20805 from the City Manager recommending that the City Council Railroad authorize the City Manager to enter into a Pipeline Crossing Company Agreement with Union Pacific Railroad Company, for a 24-inch water pipeline located at Railroad Mile Post 257.14 (DOE 4562), for a one time cost of $1,763.00, which the developer will pay. It was the consensus of the City Council that the recommendation be adopted. C-20806 There was presented Mayor and Council Communication No. C- Union Pacific 20806 from the City Manager recommending that the City Council Railroad authorize the City Manager to enter into a Pipeline Crossing Company Agreement with Union Pacific Railroad Company, for an encased 8" sanitary sewer pipeline crossing located at Railroad Mile Post 239.45 (DOE 4712), for a one-time cost of $2,555.00, which the developer will pay. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 15 of 19 C-20807 There was presented Mayor and Council Communication No. C- Ord. #16479-06- 20807 from the City Manager recommending that the City Council 2005 authorize the transfer of $400,000.00 from the Water and Sewer Amendment #3 Operating Fund to the Water Capital Project Fund; adopt to CSC #29129 — Appropriation Ordinance No. 16479-06-2005 increasing estimated MWH Americas, receipts and appropriations in the Water Capital Project Fund in the Inc. amount of $400,000.00 from available funds for the purpose of funding Amendment No. 3 to the agreement with MWH Americas, Inc. (City Secretary Contract No. 29129), for the provision of services to develop additional Maintenance Management System (MMS) implementation and interface components; and authorize the City Manager to execute Amendment No. 3 to the agreement with MWH Americas, Inc. (City Secretary Contract No. 29129) for the provision of services to develop additional MMS implementation and interface components for a total cost not to exceed $400,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20808 There was presented Mayor and Council Communication No. C- Ord. #16480-06- 20808 from the City Manager recommending that the City Council 2005 authorize the City Manager to enter into an Interlocal Agreement Tarrant County with Tarrant County for the construction of two playgrounds at Echo Lake Park at a cost to the County not to exceed $170,000.00; and adopt Appropriation Ordinance No. 16480-06-2005 increasing estimated receipts and appropriations in the Park Improvement Fund in the amount of $170,000.00 pending execution of the Interlocal Agreement with Tarrant County, for the purpose of funding two playgrounds at Echo Lake Park. Council Member Davis stated that she just learned of this agreement when she read the M&C. She added that she had been working with the County for some time on the conditions of the park and was supportive of this initiative and appreciative of the County's efforts. She expressed concerns that the improvements to the park should be the result of input received from the involvement of the local community in that area, and she mentioned the construction of softball fields. She further stated that it had been discussed by the County that they would like to turn over the park to the City for continued use and maintenance. She further stated that she hoped the City could put together what such an agreement would look like in terms of what the City would expect park conditions to be when the City takes it over to ensure the City was not inheriting a massive amount of problems. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 16 of 19 Mr. Randle Harwood, Interim Parks and Community Services Director, apologized to Council Member Davis for the oversight in the notification process about these improvements and stated that the City standards had been provided to the County. He added that these improvements only consisted of playground equipment that would bring the park up to National standards and stated there were no plans for softball fields. Council Member Espino expressed his support of this issue and stated that Echo Park had been a great resource to the City, but that the park did need to be upgraded. (Council Member Wheatfall returned to his chair at the dais.) Council Member Hicks stated that the park bordered District 8 and requested that she be kept informed of any discussions relative to the park. Council Member Hicks made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. C-20809 There was presented Mayor and Council Communication No. C- Tarrant County 20809 from the City Manager recommending that the City Council authorize the City Manager to enter into an Interlocal Agreement with Tarrant County to construct parking and road improvements at Marion Sansom Park in an amount not to exceed $40,000.00. Council Member Davis made a motion, seconded by Council Member Burdette, that the recommendation be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays. Zoning Hearing It appeared to the City Council that the Notice of Public Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, June 2, 2005, and June 3, 2005, respectively. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-05-101 Council Member Davis made a motion, seconded by Council Approved Member Wheatfall, that the application of the City of Fort Worth for a change in zoning of property located south of West Rosedale Street, west of College Avenue, east of Hurley Street, and north of Magnolia Avenue from "D" High Density Multi Family, "C-F" Community CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 17 of 19 Facilities, "E-R" Neighborhood Commercial Restricted, "E" Neighborhood Commercial, "F-R" General Commercial Restricted, "G" Intensive Commercial, "PD-538" and "PD-603" Planned Development to "PD/SU" Planned Development/Specific Use for all uses in "MU-1" Low Intensity Mixed Use, with waiver of site plan recommended, Zoning Docket No. ZC-05-101, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. ZC-05-111 Council Member Hicks made a motion, seconded by Mayor Pro Approved tempore Silcox, that the application of Sara Adams for a change in zoning of property located at 1200 through 1212 East Lancaster Avenue from "MU-2/HC" High Intensity Mixed Use/Historic Cultural to "MU-2/HSE" High Intensity Mixed Use/Highly Significant/ Endangered, Zoning Docket No. ZC-05-111, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Hicks made a motion, seconded by Mayor Pro tempore Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16481-06-2005 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 18 of 19 Citizen Ms. Adrienne Cherry, 1712 San Rafael, appeared before Council Presentations relative to her treatment at a District 8 sub-courthouse when she Adrienne Cherry submitted eviction documents for their action on property she owns. In further discussion, it was concluded Ms. Cherry was in District 6 and not District 8. She also expressed concern for the condition of her neighborhood stating that cars were parked on sidewalks and lawns. She also expressed frustration with area apartments and absentee landlords, and with having to call several departments within the City to resolve her concerns. She suggested there should be a one-stop area that could provide all answers. Mayor Moncrief requested that Assistant City Manager Libby Watson and Carl Smart, Director of Code Compliance, meet with Ms. Cherry and address her concerns. Recessed Into Mayor Moncrief recessed the City Council at 11:22 a.m. to complete Pre-Council the Pre-Council Work Session. Work Session Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:22 p.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) 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 551.076 of the Texas Government Code. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 21, 2005 PAGE 19 of 19 Reconvened The City Council reconvened into regular session at 12:32 p.m. Adjournment There being no further business, the meeting was adjourned at 12:32 p.m. These minutes approved by the Fort Worth City Council on the 28th day of June, 2005. Attest: Approved: r Marty Hen ix Michael J. Moncri City Secretary Mayor