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HomeMy WebLinkAbout2005/09/27-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 Absent Salvador Espino, District 2 Wendy Davis, District 9 City Staff Charles Boswell, City Manager Gerald Pruitt, Deputy City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:12 a.m. on Tuesday, September 27, 2005, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Members Salvador Espino and Wendy Davis absent. Agenda Item II The invocation was given by Reverend John A. Messmann, Saint Paul Lutheran Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On motion of Mayor Pro tem Silcox seconded by Council Member Haskin, the Approval of minutes of the regular meeting of September 20, 2005, were approved Minutes unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. Agenda Item V Council Member Hicks presented a Proclamation for Race Equality Week to Special Mr. Estrus Tucker, President and CEO of Liberation Community, Inc., and Presentations President of Fort Worth/Tarrant County Minority Leaders and Citizens Council. Mr. Tucker used this opportunity to present the 2004-2005 Human Relations Commission Awards to the Fort Worth Northside Community Health Center, Inc.; Mr. Naji Hamideh; Ms. Shirley Knox Benton; and Mr. Ralph McCloud. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 2 of 19 Council Member Jordan presented a Proclamation for Architecture Month to Mr. Gary Griffith, Chapter President, The American Institute of Architects-Fort Worth. Agenda Item VI Council Member Burdette stated that he had the privilege of representing the Announcements City Council on a Sister Cities International trip to Budapest, Hungary last week. He added that the delegation of approximately 26 people met with the Deputy Mayor of Hungary, the Director of the American-Hungarian Chamber of Commerce, and on the last day was invited to the home office of the Council of Public Affairs to the U.S. Embassy, where he hosted a reception and met with George Herbert Walker, the U.S. Ambassador to Hungary. He further stated that the trip was a wonderful opportunity to experience the Hungarian culture. Council Member Wheatfall announced that the Handley Church of Christ would celebrate their 100th Anniversary on October 1, 2005, at 4:00 p.m. and encouraged everyone interested to attend. Council Member Haskin announced that the Cowtown Brush-Up would be held October 1, 2005, and that participants would dedicate themselves to paint 103 houses in Fort Worth. She encouraged everyone to volunteer their time for this effort and information on the program could be obtained by calling the Housing Department or her Council office at 817-392-8804. Mayor Moncrief announced that there was still a need for individuals to volunteer to work at one of the eleven remaining shelters supporting the needs of those individuals affected by Hurricanes Katrina and Rita. He encouraged employers and citizens to provide their assistance to relieve the volunteers who have provided support to this effort for the past three weeks. He asked that everyone talk to their neighbors and church congregations to organize volunteers to work a four-hour shift at one of the shelters. He further stated that Fort Worth made the decision to shelter evacuees in small facilities versus a large facility to provide them with better services and accommodations and encouraged anyone to volunteer time to this cause. Council Member Haskin expressed her appreciation to two individuals in Fort Worth who provided assistance to two evacuees affected by Hurricane Katrina. She stated that an individual from Louisiana had driven his car through the water and a part rusted that could have caused serious damage and Curtis from Del-Tech Automotive repaired the car at no charge. She added that an elderly gentleman was in need of a cortisone shot and that Dr. Allen Kent provided the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 3 of 19 shot and needed x-rays to the gentleman also at no charge. She commended both individuals on their support and compassion of these two people in need. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from C-20136 be withdrawn from the consent agenda. Consent Agenda Mayor Pro tem Silcox requested that Mayor and Council Communication No. P-10235 be withdrawn from the consent agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-20136 be withdrawn and that C-20891 be continued for one week. Withdrawn By Staff Mayor Pro tem Silcox requested that Mayor and Council Communication No. P-10235 be continued for one week. Agenda Item IX Upon a motion made by Mayor Pro tem Silcox, seconded by Council Member Consent Agenda Wheatfall, the Council voted seven (7) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and amended as follows: OCS-1514 M&C OCS-1514 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-14930 M&C G-14930 — Adopting Appropriation Ordinance No. 16608-09-2005 Ord. No. 16608- increasing estimated receipts and appropriations in the Capital Projects Fund in 09-2005 the amount of$16,898,000.00 from the sale of Certificates of Obligation, Series Sale of Certificates 2005 and Series 2005A for the purpose of funding various Capital Improvement of Obligation, Projects, as follows: Series 2005 and Series 2005A SERIES 2005 Zipper Building $1,798,000.00 TOTAL SERIES 2005 $1,798,000.00 SERIES 2005A Evans/Rosedale Facility $4,700,000.00 Water Gardens $3,000,000.00 Southeast Landfill Road $7,400,000.00 TOTAL SERIES 2005A $15,100,000.00 TOTAL SERIES 2005 & 2005A $16,898,000.00 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 4 of 19 G-14931 M&C G-14931 — Adopting Appropriation Ordinance No. 16609-09-2005 Ord. No. 16609- increasing estimated receipts and appropriations in the Insurance Fund in the 09-2005 amount of $193,935.00 from available funds due to subrogation and recovery Insured Property from commercial insurance coverage, for the purpose of funding insured and Liability property and liability losses; and transferring $193,935.00 from the Risk Losses Management Fund to various funds. G-14932 M&C G-14932 — Authorizing the temporary closure of Carroll Street between Temporary West 6th Street and West 7th Street beginning September 21, 2005, until October Closure of Carroll 12, 2005, to eliminate a conflict between a Southwestern Bell Cable fiber optic Street cable and the installation of a 36-inch sanitary sewer project on West 7th Street (DOE No. 4144). G-14933 M&C G-14933 — Rejecting the bid received for a lease agreement for natural Reject Bid for gas drilling under 33.5 mineral acres, more or less, of City-owned property Natural Gas located in Tarrant County, Texas, known as Mallard Cove; and authorizing staff Drilling to re-advertise the project for bid at the earliest possible convenience. G-14934 M&C G-14934 — Adopting Ordinance No. 16610-09-2005 increasing estimated Ord. No. 16610- receipts and appropriations in the State Awarded Assets Fund in the amount of 09-2005 $33,300.00 from available funds, for the purpose of funding the purchase of Purchase Wireless wireless transmitters for the Police Department. Transmitters P-10233 M&C P-10233 — Authorizing the purchase of aircraft liability (police Aircraft Liability helicopters)insurance coverage from the Key & Piskuran Insurance Agency for and Airport the period of October 1, 2005, to September 30, 2006, for the annual premium Liability cost of $99,076.00, based on the best evaluated proposal and authorizing four Insurance additional one-year renewal options; and authorizing the purchase of airport liability insurance coverage from the Key & Piskuran Insurance Agency for the period of October 1, 2005, to September 30, 2006, for the annual premium cost of $51,675.00 based on the best evaluated proposal and authorizing four additional one-year renewal options. P-10234 M&C P-10234 — Rescinding the award of three Dodge Sprinter vans from a Dodge Sprinter BuyBoard contract with Caldwell County Dealerships; and authorizing the Vans purchase of three Dodge Sprinter vans from a Houston Galveston Area Council contract with Clear Lake Dodge based on the total cost not to exceed $107,154.00 with payment due 30 days after receipt of the invoice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 5 of 19 P-10236 M&C P-10236 — Authorizing the purchase of an Uninterrupted Power Supply Uninterrupted for the Emergency Operations Center from Power Supersite, Inc., a General Power Supply Services Administration vendor, for a cost not to exceed $61,546.00, with payment due 30 days after receipt of invoice. P-10237 M&C P-10237 — Authorizing a sole source purchase of a SR-18EB 16 foot Electrofishing Electrofishing Boat from Smith Root, Inc., for the Environmental Management Boat Department for a cost not to exceed $52,263.00 with payment due within 30 days of the date of the invoice. Freight is included in the unit price. P-10238 P-10238 — Ratifying the sole source purchase of written testing material from Written Testing Industrial/Organizational Solutions for the Fire Department for an amount not Material to exceed $29,847.00 with payment due 30 days from receipt of invoice. P-10239 P-10239 — Authorizing an increase in the amount of funds approved for the Vietnamese purchase of Vietnamese Library materials and services from Online Computer Library Materials Library Center, Inc., for the Library Department. Expenditures for this vendor and Services were originally approved on January 18, 2005 (M&C P-10075). The Library requests that the approved expenditures be increased from $30,000.00 to $65,000.00. C-21015 M&C C-21015 —Authorizing the City Manager to exercise the first of four one- Concentra year options to renew the agreement with Concentra Medical Centers as the Medical Centers City's preferred occupational health provider beginning October 1, 2005, and expiring September 30, 2006. C-21016 M&C C-21016 — Accepting $1,016,000.00 in Congestion Mitigation and Air Ord. No. 16611- Quality (CMAQ) Improvement funds for Traffic Signal System Expansion; 09-2005 authorizing the transfer of$253,341.00 of Capital Improvement Program funds Texas Department approved for Unspecified Traffic Signal Construction from the Light & Signal of Transportation Funds to the Grants Fund to use as matching funds for the CMAQ grant; adopting Appropriation Ordinance No. 16611-09-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of$1,269,341.00 from available funds for the purpose of funding Supplemental Agreement No. 6 to the Advance Funding Agreement with the Texas Department of Transportation for Traffic Signal System Expansion; and ratifying and authorizing funding for Supplemental Agreement No. 6 with Texas Department of Transportation to the Advance Funding Agreement for Traffic Signal System Expansion using CMAQ funds. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 6 of 19 C-21017 M&C C-21017 — Authorizing the transfer of $41,242.00 from the Water and Ord. No. 16612- Sewer Operating Fund to the Water Capital Project Fund; adopting 09-2005 Appropriation Ordinance No. 16612-09-2005 increasing estimated receipts and Change Order No. appropriations in the Water Capital Project Fund in the amount of $41,242.00 2 to CSC No. from available funds for the purpose of funding Change Order No. 2 to City 30650—Tri-Tech Secretary Contract No. 30650 with Tri-Tech Construction, Inc., for additional Construction, Inc. pay item quantities; and authorizing the City Manager to execute Change Order No. 2 to City Secretary Contract No. 30650 with Tri-Tech Construction, Inc., for Water Replacement Contract 2003, STM-E in the amount of$41,242.00 for additional pay item quantities, thereby increasing the contract amount to $2,123,539.00. C-21018 M&C C-21018 — Authorizing the transfer of $724,556.00 from the Water and Ord. No. 16613- Sewer Operating Fund to the Water Capital Project Fund in the amount of 09-2005 $488,464.00 and Sewer Capital Project Fund in the amount of $236,092.00; Stabile & Winn, adopting Appropriation Ordinance No. 16613-09-2005 increasing estimated Inc. receipts and appropriations in the Water Capital Project Fund in the amount of $488,464.00 and the Sewer Capital Project Fund in the amount of$236,092.00 from available funds for the purpose of a contract with Stabile and Winn, Inc., for pavement reconstruction and water and sanitary sewer replacement on Birchman Street from Ashland Avenue to Camp Bowie Boulevard; and authorizing the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $1,647,450.00 for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Birchman Street from Ashland Avenue to Camp Bowie Boulevard (CIP Project No. 00063). C-21019 M&C C-21019 — Authorizing the transfer of $18,276.00 from the Water and Ord. No. 16614- Sewer Operating Fund to the Water Capital Project Fund in the amount of 09-2005 $13,990.00 and Sewer Capital Project Fund in the amount of $4,286.00; Huitt-Zollars, Inc. adopting Appropriation Ordinance No. 16614-09-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $13,990.00 and the Sewer Capital Project Fund in the amount of $4,286.00 from available funds for the purpose of funding an engineering agreement with Huitt-Zollars, Inc., for Miscellaneous Storm Drain Improvements Contract B to Riverside/Lancaster, Winton Terrace West, Trail Drivers Park/Schwartz, Skylark Court, Havenwood Lane, Enderly Place, and Washburn/Frederick Street; and authorizing the City Manager to execute an engineering agreement with Huitt-Zollars, Inc., in the amount of$126,660.00 for Miscellaneous Storm Drain Improvements Contract B to Riverside/Lancaster, Winton Terrace West, Trail Drivers Park/Schwartz, Skylark Court, Havenwood Lane, Enderly Place, and Washburn/Frederick Street(City Project 00094). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 7 of 19 C-21020 M&C C-21020 — Authorizing the transfer of $325,774.00 from the Water & Ord. No. 16615- Sewer Operating Fund to the Water Capital Project Fund in the amount of 09-2005 $291,826.60 and Sewer Capital Project Fund in the amount of $33,947.40; JRJ Paving, L.P. adopting Appropriation Ordinance No. 16615-09-2005 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $291,826.60 and the Sewer Capital Project Fund in the amount of $33,947.40 from available funds for the purpose of funding a contract with JRJ Paving, L.P., for HMAC Surface Overlay 2005-13 at various locations; and authorizing the City Manager to execute a contract with JRJ Paving, L.P., in the amount of $588,948.00 for HMAC Surface Overlay 2005-13 at various locations. C-21021 M&C C-21021 —Approving the acceptance of a lease agreement for natural gas Dale Resources, drilling under 0.98 acres, more or less, of City-owned properties located in L.L.C. Tarrant County, Texas, known as the Hust Survey, Tract 413, with Dale Resources, L.L.C., for a two-year term. C-21022 M&C C-21022 — Authorizing the transfer of $39,440.00 from the Water and Ord. No. 16616- Sewer Operating Fund to the Water Capital Project Fund; adopting 09-2005 Appropriation Ordinance No. 16616-09-2005 increasing the estimated receipts Change Order No. and appropriations in the Water Capital Project Fund in the amount of 2 to CSC No. $39,440.00 from available funds for the purpose of funding Change Order No. 31836— 2 to City Secretary Contract No. 31836 for 2004 CIP Minor Drainage Contract McClendon H, Meadowbrook Hills Improvements with McClendon Construction Company, Construction Inc.; and authorizing Change Order No. 2 to City Secretary Contract No. 31836 Company, Inc. with McClendon Construction Company, Inc., in the amount of $36,350.00, revising the total cost to $372,966.45. C-21023 M&C C-21023 — Authorizing the City Manager to execute an amendment to Amend CSC No. City Secretary Contract No. 28454 with Cornerstone Appraisal Company for 28454— the review appraisal assignment in connection with the Noise Mitigation Cornerstone Program at Fort Worth Meacham International Airport (DOE 3932 and 4301)to Appraisal increase the original contract amount by $10,000.00 for a total not to exceed Company $37,000.00. C-21024 M&C C-21024 — Authorizing the transfer of $539,339.00 from the Water and Ord. No. 16617- Sewer Operating Fund to the Water Capital Project Fund in the amount of 09-2005 $349,612.00 and Sewer Capital Project Fund in the amount of $189,727.00; Stabile & Winn, adopting Appropriation Ordinance No. 16617-09-2005 increasing estimated Inc. receipts and appropriations in the Water Capital Project Fund in the amount of $349,612.00 and the Sewer Capital Project Fund in the amount of$189,727.00 from available funds for the purpose of a contract with Stabile & Winn, Inc., for CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 8 of 19 Pavement Reconstruction and Water and Sanitary Sewer Replacement on Birchman Street from Ashland Avenue to Camp Bowie Boulevard; and authorizing the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $1,172,455.00 for Pavement Reconstruction and Water and Sanitary Sewer Replacement on Birchman Street from Ashland Avenue to Camp Bowie Boulevard (CIP Project No. 00014). C-21025 M&C C-21025 —Approving the acceptance of a lease agreement for natural gas Four Sevens Oil drilling under 3.22699 acres, more or less, situated in the W.L. Tandy Survey, Co., Ltd. Abstract No. 1538, White Lake Hills Addition, Lot A, Block D, of City-owned properties located in Tarrant County, Texas, known as the Smith-Wilemon Park with Four Sevens Oil Co., Ltd., for a two-year term. C-21026 M&C C-21026 — Authorizing the transfer of $309,350.00 from the Water and Ord. No. 16618- Sewer Operating Fund to the Sewer Capital Project Fund; adopting 09-2005 Appropriation Ordinance No. 16618-09-2005 increasing estimated receipts and Jackson appropriations in the Sewer Capital Project Fund in the amount of$309,350.00 Construction, Ltd. from available funds for the purpose of funding a contract with Jackson Construction, Ltd., for Sanitary Sewer Rehabilitation Contract LXX (70), Part 2; and authorizing the City Manager to execute a contract with Jackson Construction, Ltd., in the amount of $275,350.00 for Sanitary Sewer Rehabilitation Contract LXX (70)Part 2. C-21027 M&C C-21027 — Authorizing the City Manager to execute a contract with United United Community Centers, Inc., to operate a Safe Haven Program at the Community Bethlehem Community Center in the amount of $126,616.00; and authorizing Centers, Inc. the contract to begin October 1, 2005, and expire September 30, 2006. C-21028 M&C C-21028 — Authorizing the City Manager to execute an agreement for Fort Worth $1.3 million with the Fort Worth Independent School District to operate the Independent Fort Worth After-School Program at selected schools as a juvenile crime School District prevention measure. C-21029 M&C C-21029 — Authorizing the City Manager to execute a contract Amend CSC No. amendment to City Secretary Contract No. 30744 with the Boys and Girls 30744—Boys & Clubs of Greater Fort Worth to extend the term of the agreement to FY 2005-06 Girls Clubs of to continue operation of the Safe Haven Program at Polytechnic Martin Boys Greater Fort and Girls Club and Kirkpatrick Middle School. Worth CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 9 of 19 C-21030 M&C C-21030 — Authorizing the City Manager to execute contracts with Fort Fort Worth, Worth, Keller, Crowley, Eagle Mountain/Saginaw, Northwest, Everman Keller, Crowley, Independent School Districts and Lena Pope Homes to operate the School Eagle Mountain/ Security Initiative for FY 2005-06. Saginaw, Northwest, Everman ISDs & Lena Pope Homes C-21031 M&C C-21031 — Authorizing the City Manager to execute a contract with the Ord. No. 16619- Texas Department of State Health Services (DSHS) for up to $500,000.00 to be 09-2005 used for public health preparedness and bioterrorism response from September Texas Department 1, 2005, to August 31, 2006; authorizing a non-interest bearing inter-fund loan of State Health from the General Fund to the Grants Fund in the amount of$25,000.00 for the Services interim financing of this grant pending contract execution transition from one grant funding period to the next; adopting Appropriation Ordinance No. 16619- 09-2005 increasing estimated receipts and appropriations in the Grants Fund in the amount of $500,000.00 subject to receipt of the Grant from the Texas Department of Health, for the purpose of funding public health preparedness and bioterrorism response; and approve an indirect cost rate of ten percent of salaries, as approved by DSHS. C-21032 M&C C-21032 — Authorizing the City Manager to execute a contract with Ord. No. 16620- Texas Department of State Health Services, Regional and Local Services 09-2005 Section/Local Public Health System for $20,000.00 to provide essential public Texas Department health services from September 1, 2005, to February 28, 2006; authorizing a of State Health non-interest bearing inter-fund load from the General Fund to the Grants Fund Services, Regional in the amount of $5,000.00 for the interim financing of this grant pending & Local Services contract execution to provide for transition from one grant funding period to the Section/Local next; adopting Appropriation Ordinance No. 16620-09-2005 increasing Public Health estimated receipts and appropriations in the Grants Fund in the amount of System $20,000.00, subject to receipt of the grant from the Texas Department of State Health Service's Regional and Local Services Section, Local Public Health System, for the purpose of funding essential public health services through the Public Health Department's Health Promotion and Education Section; and waive indirect costs of ten percent to allow maximum use of funds for delivery of services to the community. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 10 of 19 C-21033 M&C C-21033 — Authorizing the City Manager to execute a professional Armstrong service contract with Armstrong Forensic Laboratory, Inc., for laboratory Forensic analytical services for an amount not to exceed $100,000.00 per year for the Laboratory, Inc. period October 1, 2005, to September 30, 2006, with the option to renew for two additional one-year periods. C-21034 M&C C-21034 — Authorizing the City Manager to execute a Lease Agreement Vilma Manteiga, with Vilma Manteiga, an individual, for T-Hangar Unit 24S-2 at Fort Worth an Individual Meacham International Airport. C-21035 M&C C-21035 — Authorizing the City Manager to execute a Terminal Office Benco Lease Agreement with Benco Commercial Roofing for office space at Fort Commercial Worth Meacham International Airport. Roofing C-21037 M&C C-21037 — Authorizing the City Manager to execute a contract with J&J J&J Hardscape Hardscape Construction, Inc., in the amount of $221,015.00 for Playground Construction, Inc. Renovations at Englewood, Sycamore, and Tandy Hills Parks. The motion carried. End of Consent Agenda. Agenda Item X There was presented a resolution for continuation of declaration of local Res No. 3258-09- disaster in the City of Fort Worth, Texas, in response to Hurricane Rita. 2005 Council Member Burdette made a motion, seconded by Council Member Continue Wheatfall, that Resolution No. 3258-09-2005 be adopted. The motion carried Declaration of unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Local Disaster in Davis absent. Response to Hurricane Rita Agenda Item XI Mayor Moncrief made a motion, seconded by Mayor Pro tem Silcox, that the Presentations by following individuals be appointed to the boards and commissions as indicated City Council effective September 27, 2005: Library Advisory Board Ms. Nancy Wilson-Webb Expiring: October 1, 2007 Community Action Partners Salvador Espino, Place 1 Kathleen Hicks, Place 3 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 11 of 19 The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. Council Member Jordan made a motion, seconded by Mayor Pro tem Silcox, that Ms. Reed Bilz be appointed to Place 6 on the Library Advisory Board, effective September 27, 2005, and with a term expiring October 1, 2006. The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. Council Member Hicks made a motion, seconded by Council Member Haskin, that Mr. Gregory Scott be appointed to Place 8 on the Fort Worth Alliance Airport Board of Adjustment, and that Mr. Lee Echols, Jr., be reappointed to Place 8 on the Parks and Community Services Advisory Board, effective September 27, 2005, and with terms expiring October 1, 2006. The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. Council Member Burdette made a motion, seconded by Mayor Pro tem Silcox, that the following individuals be appointed and reappointed to Place 7 on the boards and commissions as indicated effective September 27, 2005, and with expiration dates as reflected: Board of Adjustment&Fort Worth Alliance Board of Adjustment Mr. Nick Genua—Reappointment Expiring: October 1, 2007 Building Standards Commission Mr. Robert Hawley —Reappointment Expiring: September 30, 2007 City Plan Commission Mr. Dennis Shingleton -Reappointment Expiring: October 1, 2007 City Zoning Commission/Fort Worth Alliance Zoning Commission/ Scenic Preservation & Design Review Commission Mr. William Greenhill —Reappointment Expiring: October 1, 2007 Community Development Council Ms. Elizabeth Washington - Reappointment Expiring: October 1, 2007 Fort Worth Commission for Women Ms. Julia Kaylor—Appointment Expiring: October 1, 2007 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 12 of 19 Historic & Cultural Landmarks Commission Ms. Patricia Ward—Reappointment Expiring: October 1, 2007 Library Advisory Board Mr. Miguel Garcia, Jr. —Appointment Expiring: October 1, 2007 Parks & Community Services Advisory Board Ms. Gale Cupp —Reappointment Expiring: October 1, 2007 The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. On behalf of Council Member Espino, Council Member Jordan made a motion, seconded by Council Member Hicks, that Mr. Neftali Ortiz be appointed to Place 2 on the City Zoning Commission/Fort Worth Alliance Zoning Commission and the Scenic Preservation and Design Review Commission, effective September 27, 2005 and with a term expiring October 1, 2006. The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-14927 There was presented Mayor and Council Communication No. G-14927, dated Ord. No. 16621- September 20, 2005, from the City Manager recommending that the City 09-2005 Council authorize the transfer of $640,834.00 from the Water and Sewer Fort Worth Public Operating Fund for FY 2004-05 to the Specially Funded Capital Projects Fund; Art Program and adopt an Appropriation Ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $640,834.00 from the Water and Sewer Operating Fund for Fiscal Year 2004- 2005 for the purpose of funding the Fort Worth Public Art Program. Council Member Haskin made a motion, seconded by Council Member Hicks, that the recommendation and Appropriation Ordinance No. 16621-09-2005 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 13 of 19 G-14935 There was presented Mayor and Council Communication No. G-14935 from Ord. No. 16622- the City Manager recommending that the City Council adopt an ordinance 09-2005 amending the Code of the City of Fort Worth, by amending Chapter 12 Amend Chap. 12 "Emergency Reporting Equipment and Procedures" by amending Sections 12- of City Code 1, 12-4-3, and 12-16 to increase the alarm permit fees and service fees to the maximum allowed by State law and to amend the provisions for the denial, revocation and reinstatement of a permit. Council Member Burdette made a motion, seconded by Council Member Wheatfall, that the recommendation and Ordinance No. 16622-09-2005 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. G-14936 There was presented Mayor and Council Communication No. G-14936 from Ord. No. 16623- the City Manager recommending that the City Council adopt an ordinance 09-2005 amending Sections 35-56(g) and 35-56(h) of Chapter 35 of the Code of the City Revise Wholesale of Fort Worth (1986), as amended, by revising and adding certain rates and Water, charges; making this ordinance cumulative of prior ordinances; repealing all Wastewater and ordinances and provisions of the Fort Worth City Code in conflict herewith. Raw Water Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, Service Rates that the recommendation and Ordinance No. 16623-09-2005 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. G-14937 There was presented Mayor and Council Communication No. G-14937 from Ord. No. 16624- the City Manager recommending that the City Council adopt an ordinance 09-2005 amending Sections 35-56(b), 35-56(c), and 35-56(d) of Chapter 35 of the Code Revise Retail of the City of Fort Worth (1986), as amended, by revising and adding certain Water and rates and charges for usage on or after January 1, 2006; making this ordinance Wastewater Rates cumulative of prior ordinances; repealing all ordinances and provisions of the Fort Worth City Code in conflict herewith. Council Member Wheatfall made a motion, seconded by Council Member Haskin, that the recommendation and Ordinance No. 16624-09-2005 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. P-10235 It was the consensus of the City Council that Mayor and Council Continued for One Communication No. P-10235, Authorize a Purchase Agreement for Janitorial Week Services with American Commercial Building Maintenance Services, L.L.C., for the Economic and Community Development Department, be continued for one week. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 14 of 19 P-10240 There was presented Mayor and Council Communication No. P-10240 from the Emergency City Manager recommending that the City Council confirm the emergency Purchase to purchase of service to remove water from homes and install drying equipment Remove Water from Blackmon Mooring Steamatic, Inc., for the Water Department for a total from Homes & amount not to exceed $45,148.05. Council Member Jordan made a motion, Install Drying seconded by Council Member Wheatfall, that the recommendation be adopted. Equipment The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. PZ-2614 There was presented Mayor and Council Communication No. PZ-2614 from the Ord. No. 16625- City Manager recommending that the City Council adopt an ordinance vacating 09-2005 a portion of 13th Street between Block 36, Lots 1 and 4 and Block 35, Lot 2A of Vacate a Portion the Jennings West Addition to the City of Fort Worth, Tarrant County, Texas, of 13th Street, from a point at Summit Avenue to a point at Penn Street; providing for a Jennings West reversion of fee in said land; the retainment of existing utility easements. Addition Council Member Wheatfall made a motion, seconded by Council Member (VA-05-003) Haskin, that the recommendation and Ordinance No. 16625-09-2005 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to PZ-2615 adopt an ordinance changing the street name of Scoma Road between East Ord. No. 16626- Butler Street and East Ripy Street to Sunny Hill Road. Mayor Moncrief opened 09-2005 the public hearing and asked if there was anyone present desiring to be heard. Street Name Change Mr. John Garfield, Development Services Administrator, appeared before (SN-05-001) Council, gave a staff report and called attention to Mayor and Council Communication No. PZ-2615, as follows: There was presented Mayor and Council Communication No. PZ-2615 from the City Manager recommending that the City Council adopt an ordinance changing the name of "Scoma Road" from its intersection with East Butler Street to its termination at East Ripy Street to "Sunny Hill Road". Said street being adjacent to Lot 1, Block 1, and Lot 1, Block 2, of the Vanderzyl Addition, Lot 1, Block 1, Lot 8, Block 4, and Lots 1C and 2A of the Weisenberger Sunny Hill Garden Addition. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. PZ-2615 and Ordinance No. 16626-09-2005 be adopted. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 15 of 19 The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. C-20891 It was the consensus of the City Council that Mayor and Council Continued for One Communication Number C-20891, Adopt Ordinance to Designate Fort Worth Week Neighborhood Empowerment Reinvestment Zone Number 23, and Authorize Tax Abatement Agreement with Zarif, Inc., for Property Located at 2721 Stn Avenue, in the Berry/University Neighborhood Empowerment Zone, be continued for one week. C-21036 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-21036, Authorization to Execute a License Agreement with Aviation Heritage Museum for the Continued Use of Space for the Aviation Wall of Honor in General Worth Square, be withdrawn. C-21038 There was presented Mayor and Council Communication No. C-21038 from the Ord. No. 16627- City Manager recommending that the City Council authorize the transfer of 09-2005 $382,320.00 of Capital Improvement Program funds approved for the Berry Cole Construction, Street Project from the Street Improvements Fund to the Grants Fund to use as Inc. matching funds for the Statewide Transportation Enhancement Program Grant; adopt an ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,274,400.00 from available funds for the purpose of funding a contract with Cole Construction, Inc., for Berry Street Streetscape from Henderson Street to Evans Avenue; and execute a contract with Cole Construction, Inc., in the amount of $1,024,222.50 for Berry Street Streetscape from Henderson Street to Evans Avenue. Council Member Hicks asked staff why the construction stopped at Evans Avenue and did not go further east. Mr. Robert Goode, Transportation/Public Works Director, stated that the scope of the project had to be reduced to accommodate the budget. Council Member Wheatfall asked that the continuation of this project be included in the City's next bond package. Council Member Haskin made a motion, seconded by Council Member Burdette, that the recommendation and Ordinance No. 16627-09-2005 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 16 of 19 C-21039 There was presented Mayor and Council Communication No. C-21039 from the Oscar Renda City Manager recommending that the City Council authorize the City Manager Contracting, Inc. to execute a contract with Oscar Renda Contracting, Inc., in the amount of $5,955,731.00 for construction of the Holly 54-inch Water Main Extension, Phase I, Unit 3, Section B', from Holly Wastewater Treatment Plant to White Settlement Road. Mayor Pro tem Silcox made a motion, seconded by Council Member Burdette, that the recommendation be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. C-21040 There was presented Mayor and Council Communication No. C-21040 from the Ord. No. 16628- City Manager recommending that the City Council authorize the City Manager 09-2005 to: McClendon Construction, Co., 1. Accept $1,187,760.00 in Statewide Transportation Enhancement funds Inc. for Berry Street Reconstruction; 2. Accept $600,000.00 in Transportation and Community and System Preservation funds for Berry Street Reconstruction; 3. Authorize the transfer of$509,040.00 of Capital Improvement Program funds approved for Berry Street Reconstruction from Street Improvements Funds to the Grants Fund to use as matching funds for the Statewide Transportation Enhancement Program grant; 4. Adopt an ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $2,296,800.00 from available funds for the purpose of funding a contract with McClendon Construction Co., Inc., for Berry Street Reconstruction from Waits Avenue to Forest Park Boulevard; and 5. Execute a contract with McClendon Construction Co., Inc., in the amount of $2,980,603.23 for Berry Street Reconstruction from Waits Avenue to Forest Park Boulevard. Council Member Haskin made a motion, seconded by Council Member Burdette, that the recommendation and Ordinance No. 16628-09-2005 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays with Council Members Espino and Davis absent. (Council Member Wheatfall stepped away from the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 17 of 19 AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-05-136 It appeared that the City Council, at its meeting of September 13, 2005, Approved/Denied continued the hearing of the application of Chapel Creek Limited Partnership Without Prejudice for a change in zoning of property located west of Chapel Creek, north of Chapin Road, south of Westpoint Boulevard, from "A-5" One-Family Residential; "B" Two-Family Residential' "R-l" Zero Lot Line/Cluster Residential; "C-R" Low Density Multi-Family Residential; "C" Medium Density Multi-Family Residential; and "E" Neighborhood Commercial to various zoning categories, Zoning Docket No. ZC-05-136. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Lee Nicol Mr. Lee Nicol, 2929 W. 5th Street, Suite A, appeared before Council in support of the rezoning. Riley Cantrell Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council in opposition of the rezoning. He expressed concern with the zoning and that the zoning did not exclude certain uses, e.g., sexually oriented businesses, tattoo parlors. Council Member Burdette stated that the development would be mostly residential with a small area being neighborhood commercial. He assured Mr. Cantrell that the businesses he referred to would not be part of the development. (Council Member Wheatfall returned to his chair at the dais.) Mayor Pro tem Silcox asked Mr. Nicol if the portion located in District 3 had been removed from the zoning case. Mr. Nicol responded that the 64 acres located in District 3 had been pulled from consideration through a letter he submitted to the Development Department on September 26, 2005. Mr. Bob Riley, Development Department Director, advised Council that the appropriate motion would be to approve the northern portion of the development and that the southern 64 acres be removed and considered separately and denied without prejudice. Council Member Haskin expressed concern with the proposal for 53 acres of "R-l" Zero Lot Line/Cluster Residential and the associated 40-foot lots. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27, 2005 PAGE 18 of 19 Mr. Nicol referred to the land plan and stated that the rezoning would actually provide a more cohesive development, with density being significantly decreased. Council Member Burdette stated that he was comfortable with the density of the development and that a neighborhood located to the east of this development was similarly zoned and had experienced no problems. Council Member Wheatfall stated that lot size did not determine sustainability of a neighborhood. He added that a neighborhood needed mixed zoning. There being no one else present desiring to be heard in connection with the application of Chapel Creek Limited Partnership, Council Member Burdette made a motion, seconded by Council Member Hicks, that the Zoning Hearing be closed and that Zoning Docket No. ZC-05-136 be amended by approving the rezoning of the northern portion of the development and the southern 64 acres be removed and considered separately and denied without prejudice. The motion carried six (6) ayes to zero (0) nays, with Council Member Haskin casting the descending vote and Council Members Espino and Davis absent. 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 Burdette made a motion, seconded by Council Member Hicks, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16629-09-2005 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 27,2005 PAGE 19 of 19 The motion carried six (6) ayes to zero (0) nays, with Council Member Haskin casting the descending vote and Council Members Espino and Davis absent. Item XV Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council and Citizen expressed appreciation to Council Member Davis, Mayor Pro tem Silcox and Presentations his aide, Sandi Breaux, for being responsive to his concerns. He referred to his Riley Cantrell presentation at last week's meeting and not being able to use a sign during his presentation, not receiving a response from the City about volunteering to provide assistance to the evacuees, feral cats eating birds at his property, and the application he had submitted to keep his dogs. Leroy Comley Mr. Leroy Comley, 2604 Market Avenue, appeared before Council relative to a reverse mortgage issue he was having with Wells Fargo Bank. Mayor Moncrief asked Mr. Comley to meet with Deputy City Attorney Pruitt after the meeting to determine if the City could assist him with this issue. Agenda Item XVI As there were no significant items to be discussed by the Council, the Executive Session Executive Session was not held. Agenda Item XVII There being no further business, the meeting was adjourned at 11:20 a.m. Adjournment These minutes approved by the Fort Worth City Council on the 4th day of October, 2005. Attest: Approved: Aall rihael ef Marty Hendrix City Secretary Mayor