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HomeMy WebLinkAbout2005/09/20-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Jungus Jordan, District 6 Kathleen Hicks, District 8 Wendy Davis, District 9 Absent Donavan Wheatfall, District 5 Carter Burdette, District 7 City Staff Charles Boswell, City Manager David Yett, 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 10:11 a.m. on Tuesday, September 20, 2005, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Donavan Wheatfall and Council Member Carter Burdette absent. Agenda Item H The invocation was given by Pastor Bob Scolfield, Hillside Memorial Invocation Christian 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, Approval of Minutes the minutes of the regular meeting of September 13, 2005, were approved unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. On motion of Mayor Pro tem Silcox, seconded by Council Member Jordan, the minutes of the Joint Meeting of the City Council and Fort Worth Independent School District on September 10, 2005, were approved unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 2 of 18 Agenda Item V Deputy Police Chief Clifford Cook, Vice Chair Sister Cities International Special Nagaoka, Japan Committee, introduced student representatives and their Presentations chaperon from Nagoaka, Japan, participating in the Ambassador Middle School Program with Daggett Montessori Middle School. A student representative presented a gift to the City which was accepted by Mayor Moncrief on behalf of the City. Council Member Haskin presented the students with City pins. Mr. Frank Crumb, Water Department Director, announced that the City of Fort Worth's Village Creek Wastewater Treatment Plant had been recognized by the National Biosolids Partnership for the plant's Outstanding Biosolids Program and introduced the team. Mr. Tim Williams, Water Environment Federation, presented Mr. Crumb with a plaque of achievement for the Village Creek Wastewater Treatment Plant, and also a flag containing "NBP Certified EMS Agency" that will be flown at the plant. Council Member Haskin presented a Proclamation for Alcohol and Drug Addiction Recovery Month, to Ms. Jennifer A. Gilley, Executive Director, Tarrant County Challenge, Inc. Council Member Espino presented a Proclamation for Hispanic Heritage Month, to Ms. Yvette Ray, Chairperson, Hispanic Heritage City Employee Celebration Committee. Agenda Item VI Council Member Hicks stated that she spoke at a luncheon for the Black Announcements Chamber of Commerce yesterday and it was evident that everyone wanted to encourage economic development on the east side of Fort Worth. Council Member Haskin announced that they would complete the painting of a house in the Eastern Hills Neighborhood on September 24, 2005 and needed help to complete the painting. She also stated that the Annual Cowtown Brush-Up would start October 1, 2005, and anyone interested could call her office to get on the team. Council Member Espino extended congratulations to Council Member Wheatfall and his wife, Camarice, celebrating their first wedding anniversary. He also announced that as the City updated its Comprehensive Plan, a meeting for District 2 would be conducted on September 27, 2005, at the Woodland Springs Elementary School on the updates. He further stated that the Fort Worth Independent School District (FWISD) was beginning a CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 3 of 18 strategic planning process and that parents, students, employees, and individuals from the community were invited to participate in the meetings. He added that a series of meetings had been scheduled throughout the district and participants would be asked to provide their opinions on future goals and priorities for the FWISD. He stated that meetings would all be at 7:00 p.m. at the following dates and locations in District 2: September 26, 2005, Diamond Hill-Jarvis High School September 29, 2005, Carter Riverside High School and Our Lady of Guadalupe Catholic Church October 6, 2005, North Side High School He further stated that there were many activities planned for the Rose Marine Theater and that anyone interested on their upcoming events could access their website at www.RoseMarineTheater.com or by calling (817) 624-8233, for more information in respect to their Hispanic Heritage Celebration. Council Member Davis announced that there would be a Community Policing Forum held tonight at 7:00 p.m. at Travis Avenue Baptist Church and invited everyone in the Community Policing district to attend. She also expressed appreciation to everyone who participated in the very successful Trinity River Trash Bash on September 17, 2005. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Withdrawn from No. C-21002 be withdrawn from the consent agenda. Consent Agenda Mayor Pro tem Silcox requested that Mayor and Council Communication No. G-14927 be withdrawn from the consent agenda. Council Member Hicks requested that Mayor and Council Communication No. L-14132 be withdrawn from the consent agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Continued/ Nos. C-20968 and C-21002 be withdrawn, that Zoning Docket No. ZC-05- Withdrawn By Staff 139 be continued until October 11, 2005, and that ZC-05-115 be continued until October 18, 2005. Agenda Item IX Upon a motion made by Council Member Davis, seconded by Mayor Pro tem Consent Agenda Silcox, the Council voted seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 4 of 18 OCS-1511 M&C OCS-1511 - from the Office of the City Secretary recommending that Claims the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. G-14924 M&C G-14924 — Authorizing the correction of the legal description in M&C Correct Legal G-14784 approved on May 5, 2005, on Meacham Condemnation Parcel 1002 Description in M&C to reflect Lot 22, Block 1, Airport Acres Addition, rather than Worth Hills G-14784 on Addition, owned by Willis Joiner and located at 1014 Northwest 36th Street Meacham on the west side of Fort Worth Meacham International Airport in the Noise Condemnation Mitigation Program (DOE 3932). The purpose for the condemnation Parcel 1002 at 1014 (expansion of airport facilities) and the necessity for acquiring the parcel NW 36th Street remains as stated in the previous M&C. G-14925 M&C G-14925 — Adopting Appropriation Ordinance No. 16604-09-2005 Ord. No. 16604-09- increasing estimated receipts and appropriations in the General Fund in the 2005 amount of $100,000.00 for Fiscal Year 2004-2005 and decreasing the Purchase ISO Unreserved, Undesignated General Fund balance by the same amount, for the Equipment for Fire purpose of funding the purchase of ISO Equipment for the Fire Department. Department G-14926 M&C G-14926 —Adopting Resolution No. 3255-09-2005 declaring the public Res. No. 3255-09- necessity to acquire a portion of properties owned by Barbara Duncan, Jeanne 2005 Shelton and Lynn Weil (landowners) for the relocation and realignment of FM Acquire Properties 156 for the runway extension project at Fort Worth Alliance Airport; and for Runway authorizing Carter & Burgess, or any agent or sub-agent designated by Carter Extension Project at & Burgess, to negotiate an agreement with the landowners on behalf of the Fort Worth Alliance City to acquire the subject parcels for use in the relocation and related Airport construction of FM 156, a highway dedicated to public use. P-10230 M&C P-10230 —Authorizing a purchase agreement for Content Management Content Software, maintenance support and implementation services with Ektron, Management Inc., for the Information Technology Solutions Department for an estimated Software, cost of $74,732.00; and authorizing a one-year maintenance agreement to Maintenance begin when the warranty period ends for the Content Management Systems Support and Software, with options to renew for two additional one-year periods. Implementation Services P-10231 M&C P-10231 — Authorizing the sole source purchase of a Digital "Expert" Digital "Expert" Imaging System for firearms evidence documentation from Mideo System Imaging System for the Police Department Forensics Division for a total cost not to exceed $42,275.00, with payment due within 30 days of the date of the invoice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 5 of 18 L-14131 M&C L-14131 — Authorizing conveyance of Parcel-A and Parcel-C, being a Conveyance of portion of Lot 27R, Block 17, Lake Worth Lease Survey, to James and Properties Deanne South Kearney, in exchange for conveyance of Parcel-B, being a portion of Lot 26R, Block 17, Lake Worth Lease Survey, to the City of Fort Worth(DOE 0380). C-21001 M&C C-21001 — Authorizing and ratifying an agreement with Emma S. Emma S. Walker, Walker, P.C., for accounting services related to the completion of the FY P.C. 2004 Comprehensive Annual Financial Report; and authorizing payment for services to Emma S. Walker, P.C., in an amount not to exceed $40,000.00 C-21003 M&C C-21003 — Authorizing execution of interlocal cooperative agreement North Central Texas between the North Central Texas Council of Governments and the City of Council of Fort Worth for implementation of the Thoroughfare Assessment Program, Governments Phase 3.1. C-21004 M&C C-21004 — Authorizing the City Manager to execute a contract with B.C. Company, Inc. B.C. Company, Inc., in the amount of $126,960.00 for Alliance Airport signage and wind cone improvements. C-21005 M&C C-21005 — Authorizing the City Manager to enter into a license BNSF Railway agreement (25-year term) with the Burlington Northern Santa Fe Railway Company Company (BNSF), for a storm water outfall to support Sundance Springs Addition, Phase 1B (DOE 4586-05-28028). The railroad has waived the License fee of $2,500.00 since the storm water outfall is an improvement to their property. A one-time charge of $500.00 is required for including the City in BNSF's blanket insurance policy. The developer will pay the cost of the insurance and the City will incur no cost for this agreement. C-21006 M&C C-21006 — Approving cancellation of a 50-year lease agreement with Michael S. Burton Michael S. Burton for City owned property located at 9878 Lake Haven Circle (Lot 13, Block 25, Lake Worth Lease Survey) (DOE 0380). C-21007 M&C C-21007 —Recommending that the City Council: Ord. No. 16605-09- 2005 1. Adopt Appropriation Ordinance No. 16605-09-2005 increasing Ord. No. 16606-09- appropriations in the Solid Waste Fund in the amount of 2005 $174,790.00 and decreasing unreserved retained earnings by the Amendment No. 1 to same amount, for the purpose of transferring said funds to the CSC No. 31326— Solid Waste Capital Improvements Fund; DeOtte, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 6 of 18 2. Authorize the transfer of$174,790.00 from the Solid Waste Fund to the Solid Waste Capital Improvements Fund; 3. Adopt Appropriation Ordinance No. 16606-09-2005 increasing estimated receipts and appropriations in the Solid Waste Capital Improvements Fund in the amount of $174,790.00 from available funds, for the purpose of funding an engineering agreement with DeOtte, Inc., for the Landfill Access Road from existing Southeast Landfill Weigh Station to I.H. 20 and improvement to the I.H. 20 Access Road near the Southeast Landfill Access Road; and 4. Authorize the City Manager to execute Amendment No. 1 to City Secretary Contract No. 31326 with DeOtte, Inc., in the amount of $157,790.00 for additional engineering services on the project, thereby increasing the contract amount to $948,710.00. C-21008 M&C C-21008 — Authorizing the City Manager to enter into a Pipeline Union Pacific Crossing Agreement with Union Pacific Railroad for an encased 16" water Railroad Company pipeline located at Mile Post 241.72 (DOE 4929) for a one-time cost of $2,701.00. Union Pacific Railroad Company has accepted the City's certificate of self insurance. The developer will pay all cost associated with this agreement, so there will be no financial responsibility to the City. C-21009 M&C C-21009 — Authorizing the City Manager to execute a Consent to Airport Building Assignment Ground Lease Agreement by Airport Building Partners, LTD., in Partners, LTD. favor of the Prudential Insurance Company of America for property located at Fort Worth Alliance Airport. The motion carried. End of Consent Agenda. Agenda Item X There was presented a resolution appointing the following to a Charter Res. No. 3256-09- Review Advisory Committee, effective September 20, 2005: 2005 Charter Review Name Place Advisory Committee Bob Herchert 1 (Chair) Louis Zapata 2 George Parker Young 3 Daniel Scarth 4 Bobbie Edmonds 5 Bob Bolen 6 Mollie Lasater 7 Jesse Gaines 8 (Forthcoming) 9 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 7 of 18 City Manager Boswell stated that the resolution needed to be amended to include Kenneth Barr as the Place 9 member and to correct "Bob Herchert" to"Robert L. Herchert". Council Member Davis made a motion, seconded by Council Member Espino, that Resolution No. 3256-09-2005 be adopted as amended. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Agenda Item XI Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, Presentations by that Bryan K. Stevens and Beverly Sims be appointed to Place 6 and 1, City Council respectively, on the Animal Shelter Advisory Committee effective September Appointments 20, 2005. Withdrawn Council Member Haskin expressed concern that the appointments did not go before a Council committee for review prior to Council consideration. City Secretary Hendrix responded that previously the Governmental and Neighborhood Relations Committee reviewed these type appointments. However, since the Council committee process had been restructured and none of the new committees had been delegated the responsibility for oversight of the Council appointments, the City Secretary's Office would forward these appointments by cover memorandums to the Council informing the Council of the appointments or reappointments that needed to be made with the appropriate application forms. Council Member Davis suggested that the responsibility for reviewing Council appointments be given to the Legislative and Intergovernmental Affairs Committee. She added that it was advantageous to have a Council committee review the applicants for certain Council boards that were not tied to District appointments. She recommended Mayor Moncrief consider placing this charge back in a Council committee. Mayor Pro tem Silcox withdrew his motion, and Council Member Davis withdrew her second to appoint Bryan K. Stevens and Beverly Sims to Place 6 and 1, respectively, on the Animal Shelter Advisory Committee. Mayor Moncrief announced that these appointments would be delayed until the next Council meeting. He added that he would review his notes on the charge of the Council committees. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 8 of 18 Agenda Item XII There were no presentations and/or communications from boards, Committee commissions and/or City Council Committees. Presentations Agenda Item XIII There was presented Mayor and Council Communication No. OCS-1512 Presentations City from the Office of the City Secretary recommending that the City Council Secretary adopt a resolution setting the regular zoning hearing for October 11, 2005. OCS-1512 Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, Res. #3257-09-2005 that Resolution No. 3257-09-2005 be adopted. The motion carried Setting Regular unanimously seven (7) ayes to zero (0) nays, with Council Members Zoning Hearing Wheatfall and Burdette absent. OCS-1513 There was presented Mayor and Council Communication No. OCS-1513 Final Payment to from the Office of the City Secretary recommending that the City Council Tarrant County for authorize final payment to Tarrant County for election services for the District 6 Runoff District 6 Runoff Election conducted on June 11, 2005. Mayor Pro tem Election Silcox made a motion, seconded by Council Member Jordan that the recommendation be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-14927 There was presented Mayor and Council Communication No. G-14927 Continued for One recommending that the City Council authorize the transfer of $640,834.00 Week from the Water and Sewer Operating Fund for FY 2004-05 to the Specially Funded Capital Projects Fund; 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 available funds for the purpose of funding the Fort Worth Public Arts Program. City Manager Boswell stated that the ordinance caption needed be amended to delete "...from available funds..." and replace it with "...from the Water and Sewer Operating Fund for Fiscal Year 2004-2005...". Council Member Silcox expressed concern that two percent of the annual operating budget for the water and sewer operating fund was set aside for the public art program. He added that it had been discussed that one percent would be for the creation of public art and one percent for maintenance of public art. He further stated that a maintenance fund needed to be provided to ensure the preservation of public art for everyone to enjoy in future years. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 9 of 18 City Manager Boswell stated that the fund was designed to provide for the maintenance of the program. He suggested that this issue be continued to obtain a breakdown of the fund distribution. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-14927 be continued for one week. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Public Hearing Mayor Moncrief stated that Mayor and Council Communication No. G- G-14928 14928, the public hearing authorizing issuance for renewal proposal to Heard After Charter Communications for cable television franchise renewal, would be Executive Session heard after the Executive Session. G-14929 There was presented Mayor and Council Communication No. G-14929 from Ord. No. 16607-09- the City Manager recommending that the City Council authorize the City 2005 Manager to accept donations in the amount of $500.00 from the Fort Worth Donations for Police Officers Association and $500.00 from the Fort Worth Latino Peace Hispanic Heritage Officers Association for a total amount of $1,000.00 for the Hispanic Month Employee Heritage Month Employee Celebration; and adopt Appropriation Ordinance Celebration No. 16607-09-2005 increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $1,000.00 from available funds for the purpose of funding the Hispanic Heritage Month Employee Celebration. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted with appreciation. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. P-10232 There was presented Mayor and Council Communication No. P-10232 from Financial Services the City Manager recommending that the City Council authorize payment to First Southwest Company in the amount of $95,000.00 for financial consulting services including economic feasibility and analytical research associated with the Convention Center Hotel Project from March, 2000, through March, 2005. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Council Member Davis complimented First Southwest Company for their invaluable advise to the City over the years and added that the City appreciated their fine work. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 10 of 18 L-14132 There was presented Mayor and Council Communication No. L-14132 Sale of Surplus City- recommending that the City Council approve the sale of surplus tax Owned Tax foreclosure properties as described below, in accordance with Section Foreclosed 272.001 of the Texas Local Government Code for a total of$108,040.00; and Properties Address Property Description 6700 Black Wing Drive Lot 1, Block 12, Summerfields East Addition 1117 Blodgett Avenue Lots 1 and 2, Block 3, Fairview Heights Addition 1117 Blodgett Avenue Lots 3 and 4, Block 3, Fairview Heights Addition 1117 Blodgett Avenue Lots 5 and 6, Block 3, Fairview Heights Addition 3008 Chestnut Avenue Lot 20, Block 41, Oak Grove Addition 1212 East Jessamine Street Lot 4, Block, 6,Vickery Southeast Addition 2455 East Lancaster Avenue Lots 4 and 6,J M Leonard Subdivision 3215 East Lancaster Avenue Lot E 54' L-6, Block 3, Tandy Addition 917 Loraine Avenue Lot 5 less ROW, Block 52, J W Hunter Subdivision 3600 McClure Street Lot 1, Block 7, Sunny Hill Garden 2618 Prospect Avenue Lot 15, Block 35, M G Ellis Addition 1212 East Robert Street Lot 4, Block 24, Ryan Southeast Addition 2516 Ross Avenue Lot N 33 1/3' L-17, Block 24, M G Ellis Addition Authorizing the City Manager to execute the appropriate deeds conveying the properties to the highest bidder complying with bid specifications. Council Member Hicks expressed concern with the two properties located on Lancaster Avenue (2455 and 3215 E. Lancaster Avenue) and their "E" Neighborhood Commercial zoning and that the zoning be changed to "ER" Neighborhood Commercial Restricted. She also inquired if 3215 Lancaster Avenue was in District 8 and not District 4. Council Member Hicks requested that these two properties be removed. Council Member Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. L-14132 be adopted with the removal of the properties located at 2455 and 3215 Lancaster Avenue to evaluate the zoning. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 11 of 18 PZ-2613 There was presented Mayor and Council Communication No. PZ-2613 from Establish Timetable the City Manager recommending that the City Council approve the for Proposed City annexation timetable for proposed City initiated annexation of 12 separate Initiated Full enclaves, located in Tarrant and Denton Counties, totaling 226 acres of land, Purpose or .353 square miles (more or less) (AX-05-010 through AX-05-021)in order Annexations in to annex the subject properties for full purposes in compliance with the Tarrant and Denton requirements of Chapter 43 of the Local Government Code of the State of Counties (AX-05- Texas; and direct staff to prepare a service plan that provides for the 010 through AX-05- extension of full municipal services to the annexation areas. Council 021) 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, with Council Members Wheatfall and Burdette absent. C-20968 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20968, Authorize Execution of an Economic Development Program Agreement with D.R. Horton Materials, Inc., for the Establishment of a Retail Purchasing Unit, be withdrawn, as requested by D. R. Horton, Inc. C-21002 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-21002, Ratify Execution and Authorize Funding for Supplemental Agreement No. 6 to the Advance Funding Agreement for Traffic Signal System Expansion Using Congestion Mitigation and Air Quality Funds, be withdrawn. C-21010 There was presented Mayor and Council Communication No. C-21010 from William J. Schultz, the City Manager recommending that the City Council authorize the City Inc., d/b/a Circle Manager to execute a contract with William J. Schultz, Inc., d/b/a Circle "C" "C" Construction Construction Company in the amount of $2,958,285.00 for construction of Company Village Creek Drainage Basin Contract LXIX (69) — Contract 1. Council Member Davis made a motion, seconded by Council Member Jordan, that the recommendation be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21011 There was presented Mayor and Council Communication No. C-21011 from First Amendment to the City Manager recommending that the City Council authorize the City CSC No. 28336— Manager to execute the First Amendment to the City Secretary Contract No. Allied Waste 28336 with Allied Waste Systems, Inc., d/b/a Trinity Waste Services for the Systems, Inc., d/b/a lease and operation of the Southeast Landfill. Council Member Davis made Trinity Waste a motion, seconded by Council Member Jordan, that the recommendation be Services adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 12 of 18 C-21012 There was presented Mayor and Council Communication No. C-21012 from Thos. S. Byrne, Ltd. the City Manager recommending that the City Council authorize the City Manager to execute a $7,500,000.00 Construction Manager at Risk contract with Thos. S. Byrne, Ltd., for the construction of a new 34,000 square foot Public Health Building and 12,600 square foot Shamblee Branch Library in the Evans and Rosedale Business and Cultural District. City Manager Boswell stated that the M&C needed to be amended to correct the company name in the Subject, Recommendation, and first paragraph as "Thos S. Byrne, Ltd./E3 Consultants". Council Member Hicks made a motion, seconded by Mayor Pro tem Silcox, that the recommendation be adopted as amended. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21013 There was presented Mayor and Council Communication No. C-21013 from Letitia Huckaby the City Manager recommending that the City Council authorize the City Manager to enter into a Design Contract with Letitia Huckaby for design development of an integral artwork to be located at the Ella M. Shamblee Branch Library incorporating historic and contemporary photographic images of the community in the Evans and Rosedale Business and Cultural District, in an amount not to exceed $10,000.00; and authorize the City Manager to enter into a subsequent Artwork Contract with Letitia Huckaby, upon final design approval by the City, for fabrication, delivery, installation, artist's fees and associated costs for the integral artwork to be located at the Shamblee Branch Library, in an amount not to exceed $96,000.00. Council Member Hicks made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. C-21014 There was presented Mayor and Council Communication No. C-21014 from Floyd E. Newsum, the City Manager recommending that the City Council authorize the City Jr. Manager to enter into a Design Contract with Floyd E. Newsum, Jr., in an amount not to exceed $10,000.00, for a suspended metal sculpture for the interior atrium and exterior window enhancements that reflect the neighborhood's cultural heritage for the Public Health Center in the Evans and Rosedale Business and Cultural District; and authorize the City Manager to enter into a subsequent Artwork Contract with Floyd E. Newsum, Jr., upon approval of final design by the City, in an amount not to exceed $96,000.00, for fabrication, delivery, installation, artist's fees and associated costs for the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 13 of 18 integral artwork to be located at the Public Health Center. Council Member Hicks made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Council Member Hicks expressed appreciation to the Council for their support and to the City staff for their work on the Evans and Rosedale proj ect. AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL 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, on August 31, 2005. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-05-115 There being no one present desiring to be heard, Council Member Davis Continued Until made a motion, seconded by Council Member Jordan, that the application of October 18, 2005 820/30 Interchange for a change in zoning of property located in the 9800 block of Westpoint Boulevard from "C" Medium Density Multi Family, "E" Neighborhood Commercial, "F" General Commercial, to (Tract 1) "A-5" One-Family Residential; (Tract 3) "C" Medium Density Multi Family; (Tract 4) "E" Neighborhood Commercial; and "F" General Commercial, Zoning Docket No. ZC-05-115, be continued until October 18, 2005. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. ZC-05-139 It appeared that the City Council, at its meeting of September 13, 2005, Continued Until continued the hearing of the application of the City of Fort Worth for a October 18, 2005 change in zoning of property located at 204 E. Daggett Street (201 E. Daggett Street and 206 E. Daggett Street) from "J" Medium Industrial to "MU-2" High Intensity Mixed Use, Zoning Docket No. ZC-05-139. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. City Manager Boswell stated that staff had advised him that this zoning case also needed to be continued until October 18, 2005, and not October 11, 2005, as previously stated in Section VIII, Items to be Continued or Withdrawn by Staff. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 14 of 18 There being no one present desiring to be heard in connection with the application of the City of Fort Worth, Council Member Davis made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC- 05-139 be continued until October 18, 2005. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. (Council Member Espino stepped away from the dais.) Agenda Item XVI It appeared that the City Council set today as the date for a second public Second Public hearing for a proposed voluntary full purpose annexation of 323.98 acres of Hearing for land in Tarrant County located north of Interstate Highway 30, west of Proposed Voluntary Chapel Creek Boulevard and south of Chapin Road (AX-05-008 Leonard Full Purpose Tract). Mayor Moncrief opened the public hearing and asked if there was Annexation anyone present desiring to be heard. (AX-05-008 Leonard Tract) Ms. Allison Gray, Development Coordinator, appeared before Council, gave a staff report and stated that consideration of the voluntary full purpose annexation ordinance was scheduled for October 11, 2005. There being no one present desiring to be heard in connection with the second public hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that the public hearing be closed. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Wheatfall, and Burdette absent. Second Public It appeared that the City Council set today as the date for a second public Hearing for hearing for a proposed City initiated full purpose annexation of 4.22 acres of Proposed City land in Tarrant County located west of Chapel Creek Boulevard, north of Initiated Full Interstate Highway 30, the existing right of way of County Road 1029 (AX- Purpose Annexation 05-009 Chapin Road). Mayor Moncrief opened the public hearing and asked (AX-05-009 Chapin if there was anyone present desiring to be heard. Road) Ms. Allison Gray, Development Coordinator, appeared before Council, gave a staff report and stated that consideration of the City initiated full purpose annexation ordinance was scheduled for October 11, 2005. There being no one present desiring to be heard in connection with the second public hearing, Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that the public hearing be closed. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Wheatfall, and Burdette absent. First Public Hearing It appeared that the City Council set today as the date for the first public CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 15 of 18 for City Initiated hearing for a City initiated full purpose annexation of approximately 1.71 Full Purpose acres of land, or .002 square miles (more or less), a portion of the Wagley Annexation Robertson Road right-of-way located north of Bailey Boswell Road and (AX-05-025 Wagley south of Bonds Ranch Road (AX-05-025 Wagley Robertson). Mayor Robertson) Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Allison Gray, Development Coordinator, appeared before Council, gave a staff report and stated that the second public hearing would be scheduled for October 4, 2005. (Council Member Espino returned to his chair at the dais.) There being no one present desiring to be heard in connection with the first public hearing, Council Member Davis made a motion, seconded by Council Member Jordan, that the public hearing be closed. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. First Public Hearing It appeared that the City Council set today as the date for the first public for Proposed hearing for a proposed voluntary full purpose annexation of approximately Voluntary Full 350.4 acres of land, or .54 square miles (more or less), portions of the John Purpose Annexation Hibbins Survey A-639 and the Heirs of Benjamin Thomas Survey, A-1497, (AX-05-026 Hibbins located north of Bailey Boswell Road and west of Wagley Robertson Road Survey) (AX-05-026 Hibbins Survey). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Allison Gray, Development Coordinator, appeared before Council, gave a staff report and stated that the second public hearing would be scheduled for October 4, 2005. There being no one present desiring to be heard in connection with the first public hearing, Council Member Davis made a motion, seconded by Council Member Espino, that the public hearing be closed. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Wheatfall and Burdette absent. Agenda Item XVII Ms. Tommie Henton, 5017 Wilmington Drive, appeared before the Council Citizen and expressed appreciation to the City of Fort Worth and everyone who Presentations responded to an e-mail from the Como Multi-Purpose Center relative to her Tommie Henton daughter, Michelle Allen-Stevenson's, medical condition. Ms. Henton stated that Michelle was being treated for Lupis and the family appreciated the prayers and donations of money and blood for Michelle's care. She requested that everyone continue to pray and donate blood for Michelle. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 16 of 18 Council Member Hicks thanked Ms. Henton for publicizing her daughter's illness and added that Lupis had affected numerous African-American women. Norman Bermes Mr. Norman Bermes, 316 Palo Verde Lane, Economic Director of the East Fort Worth Business Association, appeared before Council to offer the Association's assistance with hosting Hurricane Katrina guests. He stated that all their facilities were accessible by bus and that various stores and businesses were just a short distance by bus and other means of transportation. He added that they wanted to do their part to accommodate the guests and that they had the capacity to absorb them in the community. Mayor Moncrief expressed appreciation to Mr. Bermes and his organization for this information. He stated that the City was working diligently to locate permanent placement for those guests to wished to remain in the City. He thanked Mr. Bermes and the east side for extending open arms to the guests. Riley Cantrell Mr. Riley Cantrell, 2300 Sundrop Court, appeared before Council relative to a water main break in his front yard; a Water Department confidentiality form requiring personal information; and development issues regarding his inability to obtain a permit from the City. Mayor Pro tem Silcox asked staff to meet with Mr. Cantrell to resolve his concerns immediately. Recessed to Mayor Moncrief recessed the Council meeting to complete items reflected on Complete Pre- the Pre-Council agenda at 11:30 a.m. Pre-Council adjourned at 12:25 p.m. Council Agenda Agenda Item XVIII It was the consensus of the City Council that they recess into Executive Executive Session Session at 12:25 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) City of Fort Worth v. 3120 Precinct Line Road L.L.C. and Walker Branch Recycling, Inc., Cause No. 04-20857-2; b) Legal issues related to cable franchise renewal requested by Charter Communications; c) Legal issues concerning claims for medical treatment to persons in custody; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20, 2005 PAGE 17 of 18 d) Legal issues concerning nuisance abatement; e) Legal issues concerning oil and gas drilling; f) Legal issues concerning the Hurricane Katrina response efforts; g) Legal issues concerning Utility Relocation; h) 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 Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 2:06 p.m. with Council Members Haskin, Wheatfall, and Burdette absent. Public Hearing It appeared that the City Council set today as the date for a public hearing for G-14928 request for renewal proposal to Charter Communications for cable television Charter franchise renewal. Mayor Moncrief opened the public hearing and asked if Communications there was anyone present desiring to be heard. Cable Television Franchise Renewal Mr. Randy Westerman, Cable Services Manager, Cable Communication Office, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14928, as follows: There was presented Mayor and Council Communication No. G-14928 from the City Manager recommending that the City Council close the public hearing opened on February 3, 2004, to gather public comment in response to a request by Marcus Cable Associates, L.L.C. d/b/a Charter Communications (Charter) for renewal of its cable television franchise; and authorize the release of the Request for Renewal Proposal to Charter. Mayor Pro tem Silcox stated that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING SEPTEMBER 20,2005 PAGE 18 of 18 There being no one present desiring to be heard in connection with the public hearing, Council Member Hicks made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G-14928 be approved. The motion carried unanimously five (5) ayes to zero (0) nays, with Mayor Pro tem Silcox abstaining and Council Members Haskin, Wheatfall, and Burdette absent. Agenda Item XIX There being no further business, the meeting was adjourned at 2:10 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 27th day of September, 2005. Attest: A4ich roved: YAW Marty Hend ix cr e City Secretary Mayor