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HomeMy WebLinkAbout2005/10/04-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 Present Mike Moncrief, Mayor Chuck Silcox, Mayor Pro tem, District 3 Salvador Espino, District 2 Becky Haskin, District 4 Donavan Wheatfall, District 5 Jungus Jordan, District 6 Carter Burdette, District 7 Kathleen Hicks, District 8 Wendy Davis, District 9 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 7:06 p.m. on Tuesday, October 4, 2005, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Members Espino and Hicks temporarily absent. Agenda Item H The invocation was given by Reverend Tom Connolly, Edge Park United Invocation Methodist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV On motion of Council Member Wheatfall, seconded by Council Member Approval of Haskin, the minutes of the regular meeting of September 27, 2005, were Minutes approved unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Hicks absent. (Council Members Espino and Hicks assumed their chairs at the dais.) Agenda Item V Council Member Haskin presented a Proclamation for Disability Employment Special Awareness Month, to Ms. Judy Bland, Chair, Mayor's Committee on Persons Presentations with Disabilities. Ms. Bland stated that the 22nd Annual Mayor's Committee on Persons with Disabilities Job Fair would be held on October 10, 2005, at the Fort Worth Convention Center. Mayor Moncrief urged Ms. Bland to work with the City's Emergency Operations Center to notify evacuees from Hurricane Katrina of the job fair. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 2 of 22 Council Member Jordan presented a Proclamation for Planning Week, to Mr. Gene Lewis, President, Texas Chapter of the American Planning Association, and Mr. Richard Luedke, Planning and Development Manager for the City of Keller and American Planning Association State Conference Co-Chair. Agenda Item VI Council Member Burdette commended the generosity of Darrell Talley, a Parks Announcements and Community Services Department employee, and his wife for coming to the aid of a citizen whose car broke down last week. Council Member Haskin announced that over 100 homes were painted last weekend during the Cowtown Brush-Up on October 1, 2005. She stated that students from Ms. Hamilton's Speech and Communication class at Tarrant County College Northeast Campus worked with her to paint a house, as well as, two teen court participants and Beth Ellis from the Mayor and Council staff, and her son, Josh. She added that all the workers were very enthusiastic and did an awesome job. She expressed appreciation to everyone who participated in the program. Council Member Espino announced that there would be a meeting for the water main extension to the Cantrell-Samson Pump Station on October 6, 2005, at 7:00 p.m. at the Compass Point Family Church, 2421 Cantrell-Samson Road. He stated that the meeting would provide information to the residents affected by the water main extension. Council Member Espino also announced that a Design and Review Public Meeting would be conducted on October 13, 2005, at 6:30 p.m. at the Springdale Baptist Church, 5016 Selma, to provide information on the construction of streets in the Riverside area. He also invited everyone to attend a free viewing of a film about the Latin dance Tango, in the plaza at the Rose Marine Theater. He stated that before the film there would be an exhibit on the Tango. Council Member Hicks expressed appreciation to everyone who signed up to join the District 8 Advisory Board. She stated they had a great meeting on October 1, 2005, that exceeded all expectations. She also announced that the District 8 Town Hall would be held on November 5, 2005, from 9:00 a.m. to Noon at O.D. Wyatt High School, 2400 E. Seminary Drive. She stated that attendees would be joined by Congressman Michael Burgess, State Representative Marc Veasey, and Board Member T.A. Simms from Fort Worth Independent School District. She further stated that representatives from Code Compliance, Police, and Transportation/Public Works would be present to discuss the City's Comprehensive Plan and how it related to District 8. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 3 of 22 Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from P-10248, C-21050, and 21062 be withdrawn from the consent agenda. Consent Agenda Mayor Pro tem Silcox requested that Mayor and Council Communication No. P-10246 be withdrawn from the consent agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ P-10248 and C-21065 be withdrawn from consideration. Withdrawn By Staff (Council Member Hicks stepped away from the dais.) Agenda Item IX Upon a motion made by Mayor Pro tem Silcox seconded by Council Member Consent Agenda Wheatfall, the Council voted eight (8) ayes to zero (0) nays, with Council Member Hicks absent, to approve and adopt all remaining items on the Consent Agenda as recommended and amended as follows: OCS-1515 M&C OCS-1515 — from the Office of the City Secretary recommending that Liability Bonds the City Council authorize the acceptance of these liability bonds as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Art's Concrete Merchants Bonding Company (Mutual) Bennett Building Systems, Inc. RLI Surety Division Cheldan Homes RLI Surety Division Dave's Concrete, Inc. RLI Surety Division Dickie Carr Paving Insurors Indemnity Company Felipe Martinez Merchants Bonding Company (Mutual) Fisher-Pearson, Inc. Insurors Indemnity Company Howard Construction Company RLI Surety Division JCC Concrete RLI Surety Division JDC Construction Hartford Casualty Insurance Company Jorge Luis Serrano RLI Surety Division KJ Construction Western Surety Company KMJ Contractors, Inc. Washington International Insurance Company Larry Collier Concrete Merchants Bonding Company (Mutual) Marin Construction Western Surety Company McClendon Construction Company, RLI Surety Division Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 4 of 22 Metroplex Concrete State Farm Fire &Casualty Company Morrison Homes, Inc. Seaboard Surety Company Northstar Construction, Inc. RLI Surety Division Patrick Construction Western Surety Company Pavecon, Ltd. Western Surety Company Pavement Services Corporation Western Surety Company Rafter J., Inc. Western Surety Company Retzlaff Construction Western Surety Company Sizelove Construction Company, American States Insurance Inc. SOP Builders RLI Surety Division Stabile &Winn, Inc. Washington International Insurance Company Brian Cotten Construction RLI Surety Division Bear Creek General Contractors, LP RLI Surety Division Stabile &Winn, Inc. Washington International Insurance Company Super Surface, Inc. Western Surety Company TC2 Concrete Construction, Inc. Nationwide Mutual Insurance Company TAC Enterprise RLI Surety Division T.A.S. Commercial Concrete Liberty Mutual Insurance Company Construction, LP Texas Industrial Contractors RLI Surety Division Walling Construction, Ltd. Merchants Bonding Company (Mutual) Wes Tex Contractors Western Surety Company Zamora's Construction Western Surety Company OCS-1516 M&C OCS-1516 - 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-14945 M&C G-14945 — Authorizing the City Manager to accept and transfer the title Accept Equipment to a Mobile Collection Unit and a truck from the North Texas Council of for Environmental Governments through the City of North Richland Hills for the Environmental Collection Center Collection Center. P-10245 M&C P-10245 — Authorizing the rejection of all responses to a Request for Reject Request for Proposals for Wireless Voice Phone Services and Equipment for the Proposals for Information Technology Solutions Department. Wireless Voice Phone Services and Equipment CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 5 of 22 P-10247 M&C P-10247 — Authorizing a purchase agreement for hydrofluosilicic acid Hydrofluosilicic with Lucier Chemical Industries, Ltd., d/b/a LCI, Ltd., for the Water Acid Department based on best value with freight included and payment due 30 days after receipt of invoice; and authorizing this agreement to begin October 4, 2005, and expire October 3, 2006, with options to renew for two additional one- year periods. L-14135 M&C L-14135 — Approving the proposed settlement of the Condemnation Settlement of Lawsuit entitled City of Fort Worth v. Near Southeast Community Condemnation Development Corporation, City of Fort Worth, Fort Worth Independent School Lawsuit—City of District, and Tarrant County, Texas, in the County Court at Law Number 2, Fort Worth v Near Cause No. 2005-035145-2, with the Near Southeast Community Development Southeast Corporation, et. al., by acquiring the property located at 1058 Evans Avenue for Community $27,100.00 plus closing costs; and authorizing the appropriate City Development representatives to execute the documents necessary to complete the settlement. Corporation, City of Fort Worth, Fort Worth Independent School District, and Tarrant County, Texas, Cause No. 2005-035145-2 C-21041 M&C C-21041 — Authorizing the City Manager to execute a contract in the Alliance for amount of $63,998.00 with the Alliance for Children to continue providing Children coordination efforts of agencies investigating child abuse. C-21042 M&C C-21042 — Authorizing the City Manager to execute a contract in the Arts Council of amount of $280,000.00 with the Arts Council of Fort Worth and Tarrant Fort Worth and County to continue, through their Neighborhood Arts Program, to provide Tarrant County financial assistance to non-profit organizations in Fort Worth for projects that enhance the cultural and artistic life of the community. C-21043 M&C C-21043 — Authorizing the City Manager to execute a contract, in the Fort Worth amount of $113,134.00, with the Fort Worth Metropolitan Black Chamber of Metropolitan Commerce to continue providing financial planning assistance and outreach Black Chamber of programs to M/WBE and small businesses located in Fort Worth. Commerce CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 6 of 22 C-21044 M&C C-21044 — Authorizing the City Manager to renew the contract with the North Texas North Texas Business Opportunities for Leadership Diversity Initiative at the Business cost of $25,000.00, for the development and promotion of minorities and Opportunities for women in Fort Worth's corporate workforce. Leadership Diversity Initiative C-21045 M&C C-21045 — Authorizing the City Manager to execute a contract in the Arts Council of amount of $110,000.00 with the Arts Council of Fort Worth and Tarrant Fort Worth and County for their promotion of artistic and cultural activities. Tarrant County C-21046 M&C C-21046 — Authorizing the City Manager to execute a contract, in the Fort Worth amount of $132,710.00, with the Fort Worth Hispanic Chamber of Commerce Hispanic Chamber to continue providing financial assistance and outreach programs to M/WBE of Commerce and small businesses located in Fort Worth. C-21047 M&C C-21047 — Authorizing the City Manager to execute a contract, in the Imagination amount of$50,000.00, with Imagination Celebration Fort Worth to develop arts Celebration Fort awareness in school children and an arts alliance between educators, their arts Worth counterparts and the community cultural network. C-21048 M&C C-21048 — Authorizing the City Manager to execute a contract, in the Latin Arts amount of $60,000.00, with the Latin Arts Association of Fort Worth, Inc., to Association of Fort hire and pay for a Marketing Director and provide a marketing budget to Worth, Inc. advertise various cultural performances and art exhibits for the Rose Marine theatre. C-21049 M&C C-21049 — Authorizing the City Manager to execute a contract with Mental Health Mental Health Mental Retardation of Tarrant County for the Tarrant County Mental Youth Recovery Campus at a cost of $51,000.00, to continue providing Retardation of adolescent drug and alcohol rehabilitation services for the children of Fort Tarrant County Worth and Tarrant County. C-21051 M&C C-21051 — Authorizing the City Manager to execute a contract, in the Fort Worth Sister amount of$332,000.00, with Fort Worth Sister Cities International. Cities International CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 7 of 22 C-21052 M&C C-21052 — Authorizing the City Manager to execute a contract with the Tarrant Council Tarrant Council on Alcoholism and Drug Abuse at a cost of $50,000.00, for on Alcoholism and youth alcohol and substance abuse prevention/intervention programs. Drug Abuse C-21053 M&C C-21053 — Authorizing the City Manager to execute a contract with the Van Cliburn Van Cliburn Foundation, Inc., in the amount of $62,500.00, to continue Foundation, Inc. bringing both national and international attention to the City of Fort Worth through global marketing projects, television productions and its international piano competition. C-21054 M&C C-21054 — Authorizing the City Manager to execute a contract with the Women's Center Women's Center of Tarrant County at a cost of$75,000.00 for the provision of of Tarrant County rape crisis services to the citizens of Fort Worth. C-21055 M&C C-21055 — Authorizing the City Manager to execute a contract with the Women's Haven Women's Haven of Tarrant County at a cost of$90,000.00 for the provision of of Tarrant County emergency, temporary shelter and supportive services for battered or abused women and children to the citizens of Fort Worth. C-21056 M&C C-21056 — Authorizing the City Manager to execute a contract, in the World Affairs amount of$33,000.00, with the World Affairs Council of Greater Fort Worth to Council of Greater hire a full time office manager and pay related expenses to continue the services Fort Worth provided to official, international visitors as part of the State Department's Bureau of Education and Cultural Affairs program. C-21057 M&C C-21057 — Authorizing the City Manager to execute a contract with Gibson & Gibson & Associates, Inc., in the amount of$244,740.00 for 80 days for bridge Associates,Inc. repainting and concrete repair on Riverside Drive Northbound and Southbound (2005-22), over the West Fork Trinity River. C-21058 M&C C-21058 —Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 31481 with Sutton & Associates, L.P., for 1 to CSC No. Surface Wedge Milling (2004-3) at various locations, thereby increasing the 31481 — Sutton & total contract amount by $26,857.28 to $191,712.28. Associates,L.P. C-21059 M&C C-21059 — Authorizing the City Manager to execute an engineering Kimley-Horn and agreement with Kimley-Horn and Associates, Inc., in the amount of Associates,Inc. $407,235.00 for Hulen to Como 36-inch Water Main Extension between Hulen Street Bridge and the Como Booster Pump Station at Bryant Irvin Road (City Project No. 00242). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 8 of 22 C-21060 M&C C-21060 — Authorizing the City Manager to execute amendments to City Amend CSC Nos. Secretary Contract Nos. 28047 and 28048 with the U.S. Department of Justice, 28047 and 28048— Drug Enforcement Administration (DEA) Multi-Agency and DEA Dallas/Fort U.S. Department Worth Airport Task Forces for FY 2005-2006; and authorizing the amendments of Justice, Drug to the agreements to begin September 30, 2005, and expire September 30, 2006. Enforcement Administration C-21061 M&C C-21061 — Authorizing the City Manager to execute a contract Amendment to amendment to City Secretary Contract No. 31847 for $235,195.00 with the Safe CSC No. 31847— City Commission to extend the term of the agreement for FY 2005-2006 to Safe City continue operation of the community advocacy for crime prevention programs. Commission C-21063 M&C C-21063 — Authorizing the City Manager to execute a five-year license Aviation Heritage agreement with one, five-year renewal option with the Aviation Heritage Association Association to continue to use space and maintain the Aviation Wall of Honor located in General Worth Square. C-21064 M&C C-21064 — Authorizing the City Manager to execute a professional Graham services agreement with Graham Associates, Inc., in the amount of$51,735.00, Associates,Inc. for the design and preparation of construction documents for road and parking lot improvements at Rockwood Park. The motion carried. End of Consent Agenda. Agenda Item X There was presented a resolution appointing Vernell Sturns for Place 4 to the Res. No. 3259-10- Charter Review Advisory Committee effective October 4, 2005. Council 2005 Member Haskin made a motion, seconded by Council Member Davis, that Appointment to Resolution No. 3259-10-2005 be adopted. The motion carried unanimously Charter Review eight(8) ayes to zero (0) nays, with Council Member Hicks absent. Advisory Committee Place 4 Agenda Item XI There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council Agenda Item XII There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 9 of 22 (Council Member Hicks returned to her chair at the dais.) AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-14946 There was presented Mayor and Council Communication No. G-14946 from Ord. No. 16630- the City Manager recommending that the City Council adopt an ordinance 10-2005 creating a permanent Mayor's Advisory Commission on Homelessness, Create Mayor's establishing guidelines for appointments to the Commission's duties and Advisory responsibilities; and approve the appointments to the Commission effective Commission on October 4, 2005, and with terms expiring, as follows: Homelessness and Appoint Place Name Representation Term Expiring Commission Members 1 Ralph McCloud, Catholic Diocese Faith Community October 1,2007 of Fort Worth and former Councilman,District 8 2 Mike Doyle,Executive Director, Homeless Service October 1,2006 Cornerstone Assistance Network Provider 3 Larry Eason,Board Chair,Union Homeless Service October 1,2007 Gospel Mission Provider 4 Tolli Thomas,President, Neighborhoods October 1,2006 Wedgwood Neighborhood (citywide) Association 5 Suzy Thompson,Board Chair, Homeless Service October 1,2007 Presbyterian Night Shelter Provider 6 Jeffrey Empante,President,West Neighborhoods October 1,2006 Meadowbrook Neighborhood (impacted area) Association 7 Flora Brewer,Rhythm Band Inc./ Neighborhoods October 1,2007 Paulos Properties,President of (impacted area) Near Southeast Neighborhood Association 8 Michael Mallick,The Mallick Business(citywide) October 1,2006 Group 9 Tim Carter, CEO,United Way Business(citywide) October 1,2007 10 Joseph DeLeon,Restaurant Owner Business(impacted October 1,2006 area) 11 Andy Taft,President,Downtown Business(impacted October 1,2007 Fort Worth,Inc. area) 12 Tony Guinn,former director, Mental Health October 1,2006 MHMR Specialized Services Division 13 Commissioner Roy Brooks, Tarrant County October 1,2007 Tarrant County Precinct 1 Government 14 Becky Orander,Arlington Life City of Arlington October 1,2006 Shelter CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 10 of 22 15 Ernest Johnson, Community Housing Industry October 1,2007 Volunteer,Habitat for Humanity 16 Inell Hawkins,YWCA of Fort Homeless/Formerly October 1,2006 Worth&Tarrant County Homeless Person 17 Barbara Holston,Executive, Housing Industry October 1,2007 Director,Fort Worth Housing Authority 18 Lee Felgar,Vice President for Housing Industry October 1,2006 Housing,Volunteers of America 19 Mary Blakemore, Community Neighborhoods October 1,2007 Volunteer Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation and Ordinance No. 16630-10-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Haskin asked that one of the first agenda items of this commission be to address issues with MedStar services. Ralph McCloud Mr. Ralph McCloud, Chair of the Mayor's Advisory Commission on Homelessness, expressed appreciation to the Council for their confidence in the newly formed commission. He stated the commission was comprised of a wonderful collection of compassionate members. He assured the Council that the commission would work diligently to resolve the homeless issue in Fort Worth. G-14947 There was presented Mayor and Council Communication No. G-14947 from Amend NEZ Tax the City Manager recommending that the City Council adopt amendments to Abatement Policy the Neighborhood Empowerment Zone (NEZ) Tax Abatement Policy and Basic and Basic Incentives; adopt amendments to the NEZ Administrative Procedures; adopt Incentives, amendments to the NEZ Policy Statement; and authorize the City Manager to Administrative implement NEZ policy amendments. Council Member Davis made a motion, Procedures and seconded by Council Member Wheatfall, that the recommendation be adopted. Policy Statement The motion carried unanimously nine (9) ayes to zero (0) nays. G-14948 There was presented Mayor and Council Communication No. G-14948 from Initiate Rezoning the City Manager recommending that the City Council authorize the City of Properties in Manager to initiate rezoning of certain properties within and adjacent to the South Lake Worth South Lake Worth neighborhood in accordance with the 2005 Comprehensive Neighborhood Plan. Council Member Burdette made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 11 of 22 G-14949 There was presented Mayor and Council Communication No. G-14949 from Ord. No. 16631- the City Manager recommending that the City Council: 10-2005 Accept Economic 1. Authorize the City Manager to apply for and accept an Economic Development Development Initiative Special Project grant in the amount of Initiative Special $719,200.00 from the U.S. Department of Housing and Urban Project Grant for Development for the Trinity River Vision Urban Waterfront project; Trinity River Vision Urban 2. Authorize the City Manager to execute a Grant Agreement with the Waterfront U.S. Department of Housing and Urban Development, upon award of Project the grant; 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $719,200.00, subject to receipt of the Economic Development Initiative Special Project Grant from the U.S. Department of Housing and Urban Development, for the purpose of funding a contract with the Tarrant Regional Water District for the Trinity River Vision Urban Waterfront proj ect; and 4. Authorize the City Manager to execute a contract with the Tarrant Regional Water District, as the subgrantee, in an amount not to exceed $719,200.00, contingent upon the award and receipt of the grant. Council Member Wheatfall made a motion, seconded by Council Member Burdette, that the recommendation and Appropriation Ordinance No. 16631-10- 2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-14950 There was presented Mayor and Council Communication No. G-14950 from Ord. No. 16632- the City Manager recommending that the City Council authorize the City 10-2005 Manager or his designee to accept a monetary donation of $27,890.00 to fund Accept Monetary the procurement of a Sky Watch Eagle Unit; adopt an appropriation ordinance Donation to increasing estimated receipts and appropriations in the Special Trust Fund in Purchase Sky the amount of $27,890.00 from available funds for the purpose of funding the Watch Eagle Unit purchase of a Sky Watch Eagle Unit for the Police Department; and authorize the purchase of three Sky Watch Eagle Units for the Police Department, one funded pursuant to the Target monetary donation and two funded through Crime Control and Prevention District funding approved by Council action on September 6, 2005 (M&C G-14911). Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that the recommendation and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 12 of 22 Appropriation Ordinance No. 16632-10-2005 be adopted with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing G-14951 regarding the proposed increase in impact fee collection rate. Mayor Moncrief Increase in Impact opened the public hearing and asked if there was anyone present desiring to be Fee Collection heard. Rate Ms. Kara Shuror, Senior Administrative Services Manager for the Water Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14951, as follows: There was presented Mayor and Council Communication No. G-14951 from the City Manager recommending that the City Council conduct a public hearing regarding a proposed increase in the collection rate for water and wastewater impact fees. Council Member Davis made a motion, seconded by Council Member Jordan, that the public hearing be closed and Mayor and Council Communication No. G-14951 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10248 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. P-10248, Authorize a Sole Source Purchase Agreement for Original Equipment Manufacturer Badger Meters, Parts and Repair Service with Eastech Flow Controls, Inc., for the Water Department, be withdrawn. P-10235 There was presented Mayor and Council Communication No. P-10235, dated Janitorial Services September 27, 2005, from the City Manager recommending that the City Council authorize a purchase agreement for janitorial services with American Commercial Building Maintenance Services, L.L.C., for the Economic and Community Development Department based on best value with payment due 30 days from invoice date; and authorize this agreement to begin September 27, 2005, and expire September 26, 2006, with options to renew for two additional one-year periods. Mayor Pro tem Silcox stated that based on his experience in maintenance services, the accepted bid was extremely low and was underbid. He provided an explanation of his assessment and stated he would not support the agreement. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 13 of 22 Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried eight (8) ayes to one (1) nay, with Mayor Pro tem Silcox casting the descending vote. P-10246 There was presented Mayor and Council Communication No. P-10246 from the Reject Sole Bid City Manager recommending that the City Council authorize the rejection of and Rebid for the sole bid and rebid for the lease of motorcycles for the Police Department. Lease of Motorcycles Mayor Pro tem Silcox asked if the City was changing procedures from individual leasing to the City leasing the motorcycles. Ms. Susan Alanis, representing the Police Department, stated that the City was exploring costs on individual leasing and the City leasing and would provide a report to the Council. Mayor Pro tem Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. P-10246 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14136 There was presented Mayor and Council Communication No. L-14136 from the Ord. No. 16633- City Manager recommending that the City Council authorize the purchase of 10-2005 reversionary interests owned by heirs of Sarah Jennings for property located at Purchase the intersection of Ninth and Throckmorton Streets; accept $157,000.00 from Reversionary the Fort Worth Transportation Authority to purchase the reversionary interests; Interests for and adopt an appropriation ordinance increasing estimated receipts and Property Located appropriations in the Critical Capital Projects Fund in the amount of at Intersection of $157,000.00 from available funds for the purpose of funding the purchase of Ninth and reversionary interests owned by heirs of Sarah Jennings for property located at Throckmorton the intersection of Ninth and Throckmorton Streets. Council Member Davis Streets made a motion, seconded by Council Member Burdette, that the recommendation and Appropriation Ordinance No. 16633-10-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council, at its meeting of September 27, 2005, C-20891 continued the public hearing to designate Fort Worth Neighborhood Ord. No. 16634- Empowerment Reinvestment Zone Number 23, and authorize Tax Abatement 10-2005 Agreement with Zarif, Inc., for property located at 2721 8th Avenue, in the Designate Fort Berry/University Neighborhood Empowerment Zone. Mayor Moncrief opened Worth the public hearing and asked if there was anyone present desiring to be heard. Neighborhood Empowerment CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 14 of 22 Reinvestment Ms. Sarah Odle, representing the Housing Department, appeared before Zone Number 23— Council, gave a staff report and called attention to Mayor and Council Zarif, Inc. Communication No. C-20891, as follows: There was presented Mayor and Council Communication No. C-20891, dated August 4, 2005, from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the designation of 0.1492 acre of land as Fort Worth Neighborhood Empowerment Reinvestment Zone Number 23; 2. Adopt the ordinance amending Ordinance No. 15815 by removing certain property from Neighborhood Empowerment Reinvestment Zone Number 13 of the City of Fort Worth Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone Number 23, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone; 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Zarif, Inc., are true and correct; 4. Approve a five-year Municipal Property Tax Abatement for a property located at 2721 8th Avenue in the Berry/University Neighborhood Empowerment Zone (NEZ) owned by Zarif, Inc.; and 5. Authorize the City Manager to enter into the Tax Abatement Agreement with Zarif, Inc., for the property located at 2721 8th Avenue in the Berry/University NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. Samir Khalil Mr. Samir Khalil, 2747 8th Avenue, owner of the property, appeared before Council in support of the tax abatement. He stated that he had worked with the neighborhood and had complied with their requests and those of the City. Council Member Davis advised Mr. Khalil that if the Council approved the tax abatement, it would be on the condition that the landscaping and monument sign requirements were met. She added that the NEZ incentive was based on those two conditions. She also stated that since he had expanded the building depth four feet, the plans would have to go back to the Board of Adjustment for review. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 15 of 22 Mr. Khalil stated that he had done everything to address the concerns of everyone involved. He stated he did not understand why he could not have the tax abatement if for some reason the Board of Adjustment did not approve the building setback. Council Member Davis clarified that a tax abatement was an incentive to build a quality development based on specific requirements. She stated that neighborhoods support the tax abatement because they gain a quality development in their area. She added that if Mr. Khalil could not meet the requirements, she could not support the abatement. She encouraged him to gain the support of the neighborhood, as this would be beneficial when the Board of Adjustment reviewed his case. Dan Roberts Mr. Dan Roberts, 2934 5th Avenue, President of the Ryan Place Neighborhood Association, appeared before Council in support of the tax abatement. He stated that the association had met with Mr. Khalil and that he had been responsive to their concerns. He added that the neighborhood association took no position on the building set back to the alley line; that it was a Board of Adjustment decision. There being no one else present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-20891 and Ordinance No. 16634-10-2005 be adopted with the understanding that the agreement include the requirements for landscaping and monument sign. The motion carried seven (7) ayes to two (2) nays, with Mayor Pro tem Silcox and Council Member Jordan casting the descending votes. C-21050 There was presented Mayor and Council Communication No. C-21050 from the Fort Worth City Manager recommending that the City Council authorize the City Manager Museum of to execute a contract, in the amount of $539,072.00, with the Fort Worth Science and Museum of Science and History to support operation at the museum. History Council Member Burdette stated that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would abstain from voting on this issue. Council Member Haskin made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21050 be adopted. The motion carried eight (8) ayes to zero (0) nays, with Council Member Burdette abstaining. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 16 of 22 C-21062 There was presented Mayor and Council Communication No. C-21062 from the Ord. No. 16635- City Manager recommending that the City Council: 10-2005 North Central 1. Pass a resolution supporting an agreement between the North Central Texas Council of Texas Council of Governments (NCTCOG) and the City of Fort Worth Governments for enhanced enforcement to support the Truck Lane Pilot Study, including reimbursement to the City of Fort Worth in an amount not to exceed $41,000.00, be approved; 2. Authorize the City Manager to accept an interlocal cooperative agreement with the NCTCOG for enhanced enforcement to support the Truck Lane Pilot Study; and 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the General Fund in the amount of $41,000.00 from available funds, for the purpose of funding an interlocal cooperative agreement with the North Central Texas Council of Governments for enhanced enforcement to support the Truck Lane Pilot Study. City Manager Boswell stated that the M&C needed to be amended by deleting paragraph 1 and changing"accept" in paragraph 2 to "execute". Council Member Davis made a motion, seconded by Mayor Pro tem Silcox, that Mayor and Council Communication No. C-21065 and Appropriation Ordinance No. 16630-10-2005 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21065 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-21065, Adopt Appropriation Ordinance and Authorize Execution of Construction Manager at Risk Contract with Coronado Builders, Ltd., for Renovations to the Zipper Building, be withdrawn from consideration. C-21066 There was presented Mayor and Council Communication No. C-21066 from the Ord. No. 16636- City Manager recommending that the City Council: 10-2005 Ord. No. 16637- 1. Adopt an appropriation ordinance increasing estimated receipts and 10-2005 appropriations in the Special Assessments Fund in the amount of Prime $600,000.00 from available funds for the purpose of funding a transfer Construction to the Specially Funded Capital Projects Fund for the construction of Company Fire Station 38; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 17 of 22 2. Authorize the City Manager to transfer $600,000.00 from the Special Assessments Fund to the Specially Funded Capital Projects Fund; 3. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $600,000.00 from available funds for the purpose of funding a construction contract with Prime Construction Company for the construction of Fire Station 38 at the intersection of Park Vista Boulevard and Westport Parkway; and 4. Authorize the City Manager to execute a construction contract, in the amount of $2,011,000.00, with Prime Construction Company for the construction of Fire Station 38 at the intersection of Park Vista Boulevard and Westport Parkway. Council Member Espino made a motion, seconded by Mayor Pro tem Silcox, that the recommendation and Appropriation Ordinance Nos. 16636-10-2005 and 16637-10-2005 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21067 There was presented Mayor and Council Communication No. C-21067 from the Ord. No. 16638- City Manager recommending that the City Council apply for and accept a 10-2005 $40,000.00 grant from the U.S. General Services Administration (GSA) to Turner Collie & complete the conceptual design for Lanham Plaza; authorize an amendment to Braden, Inc. the Lanham Plaza license agreement between the City and GSA to specify that the donation shall be used to complete the conceptual design; authorize the City Manager to enter into a contract with Turner Collie & Braden, Inc., for an amount not to exceed $40,000.00 to complete the conceptual design for Lanham Plaza; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $40,000.00 from available funds for the purpose of funding a contract with Turner Collie & Braden, Inc., to complete the conceptual design for Lanham Plaza. Council Member Davis made a motion, seconded by Council Member Burdette, that the recommendation and Appropriation Ordinance No. 16638-10-2005 be adopted with appreciation to GSA for the partnership they formed with the City on design for Lanham Plaza. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 18 of 22 C-21068 There was presented Mayor and Council Communication No. C-21068 from the Fort Worth City Manager recommending that the City Council authorize the City Manager Transportation to execute an amendment to an Interlocal Agreement with the Fort Worth Authority Transportation Authority to define construction management roles and to update the project budget for the Hyde Park Transit Plaza. Council Member Davis made a motion, seconded by Council Member Jordan, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21069 There was presented Mayor and Council Communication No. C-21069 from the Tarrant Regional City Manager recommending that the City Council authorize the City Manager Water District to execute a contract with the Tarrant Regional Water District, as the sub- grantee for an Economic Development Initiative Special Projects grant from the U.S. Department of Housing and Urban Development, in the amount of $804,735.00 for preliminary urban design for the Trinity River Vision Urban Waterfront project. Council Member Haskin made a motion, seconded by Council Member Burdette, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21070 There was presented Mayor and Council Communication No. C-21070 from the Keller City Manager recommending that the City Council authorize the City Manager Independent to execute a Community Facilities Agreement with Keller Independent School School District District (ISD), for the installation of water and sewer services to serve Keller ISD Middle and Intermediate Schools, located in far north Fort Worth. Council Member Espino made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21071 There was presented Mayor and Council Communication No. C-21071 from the Hellas City Manager recommending that the City Council authorize the City Manager Construction, Inc. to execute a contract with Hellas Construction, Inc., in the amount of $4,749,562.00 (base bid, add items and alternate bid) for the Removal Action and Renovation of the Soccer and Rugby Fields at Gateway Park. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21072 There was presented Mayor and Council Communication No. C-21072 from the Arts Council of City Manager recommending that the City Council authorize the City Manager Fort Worth and to execute a lease agreement with the Arts Council of Fort Worth and Tarrant Tarrant County County providing for the management and operation of the Fort Worth CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 19 of 22 Community Arts Center for a term of five years, with two 5-year options to renew. Council Member Hicks made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XIV It appeared that the City Council set today as the date for the second public Second Public hearing for a City initiated full purpose annexation of approximately 1.71 acres Hearing for City of land, or .002 square miles (more or less), a portion of the Wagley Robertson Initiated Full Road right-of-way located north of Bailey Boswell Road and south of Bonds Purpose Ranch Road (AX-05-025 Wagley Robertson). Mayor Moncrief opened the Annexation public hearing and asked if there was anyone present desiring to be heard. (AX-05-025 Wagley Ms. Allison Gray, Development Coordinator, appeared before Council, gave a Robertson) staff report and stated that consideration of the City initiated full purpose annexation ordinance was scheduled for October 25, 2005. There being no one present desiring to be heard in connection with the second public hearing, Council Member Davis made a motion, seconded by Council Member Burdette, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. Second Public It appeared that the City Council set today as the date the second public hearing Hearing for for a proposed voluntary full purpose annexation of approximately 350.4 acres Proposed of land, or .54 square miles (more or less), portions of the John Hibbins Survey, Voluntary Full A-639, and the Heirs of Benjamin Thomas Survey, A-1497, located north of Purpose Bailey Boswell Road and west of Wagley Robertson Road (AX-05-026 Hibbins Annexation Survey). Mayor Moncrief opened the public hearing and asked if there was (AX-05-026 anyone present desiring to be heard. Hibbins Survey) Ms. Allison Gray, Development Coordinator, appeared before Council, gave a staff report and stated that consideration of the proposed voluntary full purpose annexation ordinance was scheduled for October 25, 2005. There being no one present desiring to be heard in connection with the second public hearing, Council Member Davis made a motion, seconded by Council Member Burdette, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. City Secretary Hendrix stated that as discussed by City Attorney Yett in the Pre-Council Worksession, Public Hearing Items 3 through 14 as listed on the posted City Council meeting agenda, would be considered by the Council at the same time. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 20 of 22 It appeared that the City Council set today as the date for the first public hearings for proposed City initiated full purpose annexation for various acreage in Tarrant County listed below. Mayor Moncrief opened the public hearings 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 hearings would be scheduled for October 11, 2005. AX-05-010 Annexation of six acres of land in Tarrant County, located north of Bailey GT Walter Survey Boswell Road and west of Park Drive (AX-05-010 GT Walter Survey). AX-05-011 Annexation of 29 acres of land in Tarrant County, located south of Bailey R. Whitley Survey Boswell Road and east of Boat Club Road (AX-05-011 R. Whitley Survey). (Mayor Pro tem Silcox stepped away from the dais.) AX-05-012 Annexation of 5.7 acres of land in Tarrant County, located north of WJ Boaz AS Roberts Road, north of the intersection of Bob Hanger Road and WJ Boaz Road (AX- Survey 05-012 AS Roberts Survey). AX-05-013 Annexation of 1.2 acres of land in Tarrant County, located north of WJ Boaz AS Roberts Road, north of the intersection of Sam Cantey Road and WJ Boaz Road (AX- Survey 05-013 AS Roberts Survey). AX-05-014 Annexation of 0.5 acres of land in Tarrant County, located west of US Hwy 377 William Evans and south of Basswood Boulevard (AX-05-014 William Evans Survey). Survey AX-05-015 Annexation of 41 acres of land in Tarrant County, located south of WJ Boaz John Askew Road, west of Bob Hanger Road (AX-05-015 John Askew Survey, Eagle Survey, Eagle Mountain Saginaw ISD School Site). Mountain Saginaw ISD School Site AX-05-016 Annexation of 5.6 acres of land in Tarrant County, located east of Boat Club JH Conwill Survey Road and south of WJ Boaz Road (AX-05-016 JH Conwill Survey). AX-05-017 Annexation of 39 acres of land in Tarrant County, located between Boat Club JH Conwill and Road and Bowman Roberts, south of WJ Boaz Road (AX-05-017 JH Conwill Roberts Survey and Roberts Survey). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4, 2005 PAGE 21 of 22 AX-05-018 Annexation of 14.8 acres of land in Tarrant County, located at Bowman AS Roberts Roberts Road and Longhorn Lane (AX-05-018 AS Roberts Survey. Survey AX-05-019 Annexation of 350.4 acres of land in Tarrant County, located at Longhorn Lane AS Roberts and Bob Hanger Road (AX-05-019 AS Roberts Survey). Survey AX-05-020 Annexation of 5.5 acres of land in Denton County, located south of Old Denton William Bush Road, north of Henrietta Creek(AX-05-020 William Bush Survey). Survey AX-05-021 Annexation of 80 acres of land in Tarrant County, located west of Katy Road Jose Chirino and north of Keller Hicks Road (AX-05-021 Jose Chirino Survey). Survey There being no one present desiring to be heard in connection with the public hearings, Council Member Wheatfall made a motion, seconded by Council Member Espino, that the public hearings be closed. The motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem Silcox absent. Item XV Mr. Riley Cantrell, 2300 Sundrop Court, was recognized by Mayor Moncrief to Citizen address the Council relative to City and police issues, but declined to make his Presentations presentation. Riley Cantrell Daniel Dagel Mr. Daniel Dagel, 3841 Bonnie Drive, was recognized by Mayor Moncrief to address the Council relative to lack of trash service, but was not present in the Council Chamber. (Mayor Pro tem Silcox returned to his chair at the dais.) Danny Moss Mr. Danny Moss, 1800 Fairway Bend, Haslet, Texas, appeared before Council and expressed opposition to the annexation of Willow Springs Ranch. He stated that residents of the development did not wish to become part of Fort Worth and that the City would gain no revenue from water and sewer service. He added that residents were pleased with the public safety services that are currently in place from the County and Haslet Fire Department and that the annexation would result in a decline of public safety services to this area. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 4,2005 PAGE 22 of 22 Jack Gibson Mr. Jack Gibson, 125 Western Willow Drive, Haslet, Texas, appeared before Council also in opposition of the annexation of Willow Springs Ranch. He stated that he first became aware of the annexation in December 2004. He stated his property deed reflected him living in Tarrant County, not Fort Worth. He added that annexing property so far out of the City would cause City services to be very limited. He further stated that the City should not annex any property until adequate services were available to residents. Agenda Item XVII There being no further business,the meeting was adjourned at 8:13 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 11t' day of October, 2005. Attest: Approved: rv ` Marty Hend x MichatJ ' City Secretary Mayor