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HomeMy WebLinkAbout2004/03/30-Minutes-City Council CITY COUNCIL MEETING MARCH 30, 2004 Date & Time On the 30th day of March, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:20 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; Acting City Secretary Sylvia Glover. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Dale Shorter, Harvest Assembly of God. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the minutes of the regular meeting of March 23, 2004, were approved unanimously. Special Mayor Moncrief recognized Mr. Richard Vickers in the audience Presentations and congratulated him on his receipt of an award from the Texas Department of Health that authorized and certified him as a promoter of community health worker. Council Member Davis also congratulated Mr. Vickers and stated he was a tireless worker on behalf of mental health issues in the State and City. Announcements Council Member Moss announced that the Fort Worth Opportunity Center was continuing training in the aircraft industry areas and also a special class on construction trades for 18-20 year old individuals. He expressed appreciation to Hillwood Development Corporation for going into this project and making a commitment to deal with all the issues involved, especially the environmental issues. He further stated that Gary Sheffield, the developer, and KB Homes, the builder, were making a special effort to develop a quality community while preserving the environment. He commended Lt. Abdul Pridgen and Captain Duane Paul for their work in the clean up Miller Avenue and for their work in the community. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 2 of 18 Council Member Haskin stated that she attended the Zonta Club of Fort Worth Award Banquet, March 25, 2004 and congratulated Assistant City Manager Libby Watson for being recognized as Executive Woman of the Year. She added that she also attended the Builders Association Municipal Award Night Program, where Doug Rademaker, Engineering Department Director, received the Spirit of Cooperation Award, and Council Member Moss received the Partnership Award. She further stated that March 27, 2004 was the Environmental Center's Computer Roundup Day where over a ton of material was collected and over 1,000 people drove through the building to drop off material. She expressed appreciation to "Leslie" a mother of one of the teen court workers, who voluntarily stayed and assisted with the roundup when she took her son. Council Member Haskin also announced the opening of "Fort Woof" the first dog park in the City at 10:00 a.m. on April 3, 2004 at Gateway Park, and encouraged everyone to attend. Mayor Pro tempore McCloud expressed appreciation to everyone who assisted with the very successful Neighborhood Clean-Up March 27, 2004. He stated that four different neighborhoods participated in the clean-up and extended special thanks to Dan Reimer, Health Department Director, Code Compliance, Environmental Management, Police and Fire Departments, and neighborhood leaders for their efforts. Mayor Moncrief announced that this weekend was race weekend in Fort Worth at Texas Motor Speedway. He stated that this event was an exciting venue for the City and brought much revenue to the City. He encouraged everyone to attend the races April 2-4, 2004. Council Member Silcox stated that the 5t" Annual Pooch and Pals Promenade March 27, 2004 was well attended. He emphasized the need to have pet owners spay or neuter their dogs or cats to control the population. Council Member Silcox further stated that contributions for the Police and Fire Memorial Fund could be mailed to P.O. Box 16889, Fort Worth, Texas 76162-0889 or dropped off at fire or police stations. He added that individuals needing information about donations could call his office at 817- 392-8803. Mayor Pro tempore McCloud acknowledged residents of Da Village in the Stop 6 area in the audience. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 3 of 18 Consent Agenda On motion of Council Member Haskin, seconded by Council Member Silcox, the consent agenda was adopted unanimously. Council Member Haskin stated that the Government and Neighborhood Relations Committee would meet April 6, 2004 and that there was one vacancy for an alternate position on the Board of Adjustment/Fort Worth Alliance Board of Adjustment and a vacancy for District 3. She encouraged anyone interested to submit an application for consideration. C.P. #240 There was presented Council Proposal No. 240, Waiver of Zoning Continued for Application Fee for Cathedral of Faith Church of God in Christ, One Week 5500 House-Anderson Road. Council Member Moss made a motion, seconded by Council Member Silcox, that the recommendation be continued for one week. The motion carried unanimously. Additional There was presented a resolution authorizing additional penalty on Penalty on delinquent taxes under Section 33.08, Tax Code. Delinquent Taxes — Delayed City Attorney Yett requested Council delay action on this item until Until After after the Executive Session. Executive Session Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be delayed until after the Executive Session. The motion carried unanimously. Res. #3061 There was presented Resolution No. 3061 opposing any school Opposing finance or tax system reforms that negatively effect City revenues School Finance and economic development efforts. or Tax System Reforms Brandon Aghamalian, Senior Assistant to the City Manager, stated that a revised resolution had been provided to Council which removed "School Finance or Tax System Reforms" from the caption and replaced it with "Tax Proposal". Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the resolution be adopted, as amended. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 4 of 18 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Stevenson, and Davis NOES: Council Member Picht ABSENT: None Ord. #15930 There was presented Ordinance No. 15930 providing for the Issuance of issuance the General Purpose Refunding Bonds, Series 2004, of General Purpose the City of Fort Worth, Texas, in an aggregate principal amount not Refunding to exceed $60,000,000.00; establishing parameters regarding the Bonds, Series sale of the bonds; approving the execution of a Bond Purchase 2004 Agreement and an Escrow Agreement and all other instruments related thereto; repealing all ordinances in conflict. Jeff Leushel Mr. Jeff Leushel, representing McCall, Parkhurst, and Horton, appeared before Council and stated this would permit the City Manager to refund obligations for the issuance of bonds in the amount of $60,000,000.00. He added that there was a change to the schedule to add additional obligations that were secured by Ad Valorem taxes to be eligible for refunding. He further stated that the market condition had been somewhat volatile lately and that staff, financial advisors, and the bond council believed it would be appropriate to expand the eligible securities, recognizing that the City still had to meet the 3.5 percent present value savings threshold provided by the ordinance and that bonds could not be issued to exceed $60,000,000.00. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. OCS-1407 There was presented Mayor and Council Communication No. OCS- Claims 1407 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 5 of 18 G-14281 There was presented Mayor and Council Communication No. G- Continued for 14281, dated March 2, 2004, from the City Manager recommending 30-days that the City Council adopt an ordinance amending City Ordinance No. 14234 as amended by Ordinance No. 14963, by increasing from twenty-five to fifty the number of taxicabs which Cowboy Cab Company is authorized to operate upon the public streets, alleys and thoroughfares of the City; providing that the findings and recitations contained in the preamble are the findings of the City Council; providing for written acceptance of this ordinance by Cowboy Cab Company. Council Member Silcox made a motion, seconded by Council Member Lane, that the Mayor and Council Communication No. G-14281 be continued for 30-days. The motion carried unanimously. G-14313 There was presented Mayor and Council Communication No. G- Delayed Until 14313, dated March 23, 2004, from the City Manager recommending After Executive that the City Council adopt an ordinance adjusting the total number Session of authorized civil service positions at each classification (Rank) in the Fire Department for Fiscal Year 2003-2004; providing for the creation of one additional Battalion Chief position; providing for the deletion of one Captain position; providing a statement of purpose and intent. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the Mayor and Council Communication No. G-14313 be delayed until after the Executive Session. The motion carried unanimously. G-14315 There was presented Mayor and Council Communication No. G- Res. #3062 14315 from the City Manager recommending that the City Council Increase authorize the City Manager to adopt Resolution No. 3062 fixing in Maximum advance, as far as practicable, the amount to be paid to Gary Amount to be Ingram of Jackson Walker, in an amount not to exceed $75,000.00. Paid to Gary It was the consensus of the City Council that the recommendation Ingram of be adopted. Jackson Walker for Employment Issues CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 6 of 18 G-14316 There was presented Mayor and Council Communication No. G- Ord. #15931 14316 from the City Manager recommending that the City Council Change Order authorize the transfer of $46,437.57 from the Water and Sewer No. 3 to Contract Operating Fund to the Sewer Capital Project Fund; and adopt with SRO Appropriation Ordinance No. 15931 increasing estimated receipts General and appropriations in the Sewer Capital Project Fund in the amount Contracting, Inc. of $46,437.57 from available funds for the purpose of funding for Street Change Order No. 3 to City Secretary Contract No. 28681 with SRO Reconstruction General Contracting, Inc. for street reconstruction and water and & Water & sanitary sewer main replacements for Grace Street, North Chandler Sanitary Drive, Colonial Avenue, and Race Street; and authorize the City Manager to execute Change Order No. 3 to City Secretary Contract No. 28681 with SRO General Contracting, Inc. in the amount of $46,437.57 for additional and increased pay item quantities, thereby increasing the contract amount to $1,870,679.37. It was the consensus of the City Council that the recommendation be adopted. G-14317 There was presented Mayor and Council Communication No. G- Ord. #15932 14317 from the City Manager recommending that the City Council Grant, from U.S. authorize the City Manager to apply for and accept, if offered, a Department of one-year grant in a total amount of $35,000.00 from the U.S. Homeland Department of Homeland Security Office for Domestic Security Preparedness; and authorize the transfer of $15,000.00 as required Assistance to for the 30 percent match from the General Fund to the Grants Firefighters Fund; and adopt Appropriation Ordinance No. 15932 increasing Grant Program estimated receipts and appropriations in the Grants Fund in the amount of $50,000.00, subject to receipt of the "Assistance to Firefighters" Grant from the U.S. Department of Homeland Security, Office for Domestic Preparedness, for the purpose of funding new SCBA Voice Amplifiers for the Fire Department. It was the consensus of the City Council that the recommendation be adopted. G-14318 There was presented Mayor and Council Communication No. G- Res. #3063 14318 from the City Manager recommending that the City Council Set Public adopt Resolution No. 3063 setting a public hearing to discuss and Hearing to review an update of Land Use Assumptions, Capital Improvements Discuss & Plans (CIPs), and Impact Fees for water and wastewater facilities. Review Update It was the consensus of the City Council that the recommendation of Land Use be adopted. Assumptions, CIPs & Impact Fees CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 7 of 18 G-14319 There was presented Mayor and Council Communication No. G- Six-Year 14319 from the City Manager recommending that the City Council Implementation adopt the proposed six-year implementation schedule for the 2004 Schedule for Capital Improvement Program (CIP). Council Member Silcox made 2004 CIP a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. G-14320 There was presented Mayor and Council Communication No. G- Res. #3064 14320 from the City Manager recommending that the City Council File a Lawsuit authorize the City Attorney to file a lawsuit pursuant to Chapter 54 against Susan of the Texas Local Government Code against Susan Schairbaum, Schairbaum the owner of the property located at 2300 Western Avenue, Fort Worth, Texas; and adopt Resolution No. 3064 authorizing the City Attorney to file a lawsuit against Susan Schairbaum pursuant to Chapter 54 of the Texas Local Government Code. City Attorney Yett stated that this item and Mayor and Council Communication No. G-14321 appeared to be duplicates on the agenda. However, both items were for different addresses. Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14321 There was presented Mayor and Council Communication No. G- Res. #3065 14321 from the City Manager recommending that the City Council File a Lawsuit authorize the City Attorney to file a lawsuit pursuant to Chapter 54 against Suzan of the Texas Local Government Code against Suzan Schairbaum, Schairbaum the owner of the property located at 2224 Western Avenue, Fort Worth, Texas; and adopt Resolution No. 3065 authorizing the City Attorney to file a lawsuit against Suzan Schairbaum pursuant to Chapter 54 of the Texas Local Government Code. Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on review of Curfew Ordinance for Minors; Adoption of current Curfew Ordinance for three more years. Mayor Moncrief asked it there was anyone present desiring to be heard. Deputy Chief Pat Kneblick, representing Police Department, appeared before Council, gave a staff report, called attention to Mayor and Council No. G-14322 as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 8 of 18 G-14322 There was presented Mayor and Council Communication No. G- Continued Until 14322 from the City Manager recommending that the City Council April 6, 2004 hold public hearings on March 30, 2004 and April 6, 2004 on the curfew ordinance; and review the effect of the Curfew Ordinance for Minors on the community and on the problems the ordinance was intended to remedy, and make a determination that the purposes of the ordinances are met; and adopt an ordinance continuing and amending Section 23-19, "Curfew Hours for Minors," of the Code of the City of Fort Worth, as amended, by revising the effective date and by adding an amended sunset provision; providing a penalty not to exceed $500.00. Council Member Lane excused himself from the Council table at this time. Council Member Moss expressed concern with clubs patronized by teenagers violating the ordinance by staying open until 2:00 a.m. or later, especially if the teenagers do not have permission from their parents to be at the club. He stated that it was critical that the City provide curfew information to schools, teenagers, and parents and make them aware of the penalties for violating the ordinance. There being no one present desiring to be heard in the public hearing on review of Curfew Ordinance for Minors; Adoption of current Curfew Ordinance for three more years, Council Member Silcox made a motion, seconded by Council Member Davis, that the public hearing and Mayor and Council Communication No. G- 14322 be continued until April 6, 2004. The motion carried unanimously. P-9934 There was presented Mayor and Council Communication No. P- Firefighter 9934 from the City Manager recommending that the City Council Uniforms & authorize a purchase agreement with multiple vendors for Clothing firefighter uniforms and clothing accessories for the Fire Accessories Department, based on overall low bids meeting specifications, with payment due 30 days from the date of the invoice; and authorize this agreement to begin April 6, 2004 and expire April 4, 2005 with options to renew for two additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act". It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 9 of 18 P-9935 There was presented Mayor and Council Communication No. P- Agricultural 9935 from the City Manager recommending that the City Council Fertilizer authorize purchase agreements for agricultural fertilizer with multiple vendors for the Parks and Community Services Department based on the low bid, with payments due thirty days from date of invoice; and authorize these agreements to begin on March 30, 2004 and expire March 29, 2005. It was the consensus of the City Council that the recommendation be adopted. P-9936 There was presented Mayor and Council Communication No. P- Traffic Barricade 9936 from the City Manager recommending that the City Council Services authorize a purchase agreement with Buyers Barricades Incorporated for traffic barricade services for the City of Fort Worth based on the overall low bid, and payment due thirty days from the date of invoice; and authorize this agreement to begin March 23, 2004 and expire March 22, 2005 with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-13784 There was presented Mayor and Council Communication No. L- Right-of-Way 13784 from the City Manager recommending that the City Council Parcel & authorize the City Manager to approve the conveyance of one right- Permanent of-way parcel (ROW), and one permanent slope easement Slope Easement described as A-999, William McCowan Survey, Tarrant County, Texas, from the City of Fort Worth to the Texas Department of Transportation for property located along the east side of IH 35W, near the existing ROW of North Tarrant Parkway (Project No. 0081- 12-036), for the construction of the interchange at North Tarrant Parkway from IH 35W to US 377 (DOE 4014), for a total of $2.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13785 There was presented Mayor and Council Communication No. L- Acquisition of 13785 from the City Manager recommending that the City Council Three Single- authorize the acquisition of three single-family residences located Family on the West Side of Fort Worth in conjunction with the Fort Worth Residential Meacham International Airport Noise Mitigation Program (DOE Properties for 3932); and find that the prices offered in the total amount of Fort Worth $164,500.00 are just compensation for the acquisition of the three Meacham properties, plus an estimated real estate tax pro-rated amount, not International to exceed $5,000.00, for a total cost of $169,500.00; and authorize Airport Noise the acceptance and recording of appropriate instruments. It was Mitigation the consensus of the City Council that the recommendation be Program adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 10 of 18 L-13786 There was presented Mayor and Council Communication No. L- Drainage 13786 from the City Manager recommending that the City Council Easement approve and accept one temporary drainage easement from Pulte Homes of Texas, L.P. located on a tax-foreclosed property for the future development of Meadow Creek South Phase IV (DOE 4074) in conjunction with all of the taxing entities listed in the judgment; and authorize the City Manager to execute the document approving and recording of the necessary documents. It was the consensus of the City Council that the recommendation be adopted. L-13787 There was presented Mayor and Council Communication No. L- Drainage 13787 from the City Manager recommending that the City Council Easement approve the acquisition of one permanent drainage easement described as part of Block 7, Fort Worth Stockyards Company from Three H Family, L.P., for property located at 201 N.E. 29th Street (DOE 4324) necessary for the construction, maintenance and operation of a storm drain for the Tony's Creek drainage system and utilities for $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13788 There was presented Mayor and Council Communication No. L- Sanitary Sewer 13788 from the City Manager recommending that the City Council Easements approve the acceptance of three permanent sanitary sewer easements described as A-267 and A-1305, J.J. Roberts Survey, Tarrant County, Texas from AIL Investments, L.P., BL Properties, L.L.C., and Katy Road All Storage, Ltd., respectively, for property located south of Westport Parkway, North of Keller-Haslet Road (DOE 4264) needed for future development of the Timberland Addition for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-13789 There was presented Mayor and Council Communication No. L- Lease 13789 from the City Manager recommending that the City Council Agreement with authorize the City Manager to amend the lease of 2.50 acres of land Tarrant Regional out of the E. Little Survey located adjacent to the Police Auto Water District Pound from the Tarrant Regional Water District, to reflect a change in the lease term agreement from beginning and ending dates of July 1, 1999 to March 31, 2004, to begin September 1, 1999 and end August 31, 2004. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 11 of 18 Public Hearing It appeared that the City Council set today as the date for a public hearing on the authorization for conversion of a 0.472 acre portion of Quanah Parker Park for use as a Natural Gas Pipeline. Mayor Moncrief asked it there was anyone present desiring to be heard. Mr. Harold Pitchford, representing Parks and Community Services Department, appeared before Council, gave a staff report, stated that the correct fee amount in the Discussion section of the M&C should be $41,053.00, and called attention to Mayor and Council No. L-13790 as follows: L-13790 There was presented Mayor and Council Communication No. L- Natural Gas 13790 from the City Manager recommending that the City Council Pipeline conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; and find that no feasible or prudent alternative exists for providing the needed conversion of a 0.472 acre portion of Quanah Parker Park; and find that the proposed conversion includes all reasonable planning to minimize harm to Quanah Parker Park; and close the public hearing and authorize the City Manager to convert 0.472 acres of dedicated parkland, for use as a natural gas pipeline to be placed on a portion of land situated in Quanah Parker Park, J.W. Haynes Survey, Abstract No. 764, and in the J. Blackwell Survey, Abstract No. 149, City of Fort Worth, Tarrant County, Texas; and authorize the conveyance of one permanent easement to West Fork Pipeline Company for the installation of gas pipeline. There being no one present desiring to be heard in the public hearing on the authorization for conversion of a 0.472 acre portion of Quanah Parker Park for use as a Natural Gas Pipeline, Council Member Haskin made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. L-13790 be adopted, as amended. The motion carried unanimously. Council Member Picht excused himself from the Council table at this time. PZ-2524 There was presented Mayor and Council Communication No. PZ- Certification of 2524 from the City Manager recommending that the City Council Amended certify that the completion of amended service plan for the area Service Plan for known as the Eagle Mountain Zone, consisting of approximately Eagle Mountain 1,238 acres of land located north of Boat Club Road and west of Zone Business Highway 287 in Tarrant County, Texas, (Annexation AX- (Annexation 02-0008, Eagle Mountain Zone) is complete. AX-02-0008) CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 12 of 18 Council Member Stevenson stated that six meetings were held with County appointed representatives from the Eagle Mountain Zone and 287 Zone and a service plan developed that must be approved by April 1, 2004. Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. PZ-2525 There was presented Mayor and Council Communication No. PZ- Certification of 2525 from the City Manager recommending that the City Council Amended certify that the completion of amended service plan for the area Service Plan for known as the 287 Zone, consisting of approximately 7,724 acres of 287 Zone land located north Business Highway 287 and west of Interstate 35 (Annexation West in Tarrant County, Texas, (Annexation AX-02-0009, 287 Zone) AX-02-0009) is complete. City Attorney Yett advised Council that the revised site plan as discussed in Pre-Council meeting by Bob Riley, Development Department Director, should be considered for both of these Mayor and Council Communications. Council Member Picht assumed his chair. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted with the revisions discussed by Bob Riley, Development Department Director, in the Pre-Council meeting. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Moss, Stevenson, and Davis NOES: Council Member Picht ABSENT: Council Member Lane Council Member Stevenson stated that an alternate suggestion had been presented to both groups for their consideration within 60 days to enter into a Certificate of Agreement to continue discussion in lieu of negotiations. He added that instead of annexing these areas in 2005, the contract would subject the areas to compliance with the City's code and zoning laws but allow them to continue to operate without being taxed by the City. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 13 of 18 Council Member Lane assumed his chair. C-20002 There was presented Mayor and Council Communication No. C- S. J. Louis 20002, dated March 23, 2004, from the City Manager recommending Construction of that the City Council authorize the City Manager to execute Change Texas Ltd., LLP Order No. 2 to City Secretary Contract No. 29045 with S. J. Louis Construction of Texas Ltd., LLP for Northside II Water Main Extension Phase II, Units 1, 2, and 3 in the amount of $273,186.20 to provide for additional pay item quantities, thereby increasing the contract amount to $8,990,666.61. City Manager Jackson stated that the M&C needed to be amended to add a paragraph at the end reflecting that "S. J. Louis Construction of Texas Ltd., LLP was in compliance with City ordinance by committing to an additional nine percent MWBE participation on Change Order No. 2." Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted, as amended. The motion carried unanimously. C-20012 There was presented Mayor and Council Communication No. C- Sanguinet 20012 from the City Manager recommending that the City Council Building L.P. authorize the City Manager to enter into a specific encroachment agreement with Sanguinet Building, L.P., authorizing use of the right-of-way for door swings, canopies, a blade sign and fabric awnings for the P.F. Chang's restaurant at 400 Throckmorton Street — Bank One Building. It was the consensus of the City Council that the recommendation be adopted. C-20013 There was presented Mayor and Council Communication No. C- Ord. #15933 20013 from the City Manager recommending that the City Council Amend adopt Ordinance No. 15933 amending Ordinance No. 13954 to re- Ordinance No. establish the maximum maturity of the notes to be issued under 13954 the Equipment Note Program, and to expand the authority from Authorizing $20,000,000.00 to $40,000,000.00; and authorize the City Manager to Issuance of establish financing agreements with Bank One, Bank of America Equipment Tax and/or Frost Bank subject to negotiation of acceptable terms. It Notes was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 14 of 18 C-20014 There was presented Mayor and Council Communication No. C- Ord. #15934 20014 from the City Manager recommending that the City Council: Ord. #15935 Issue General 1. Adopt Ordinance No. 15934 approving and authorizing the Obligation issuance of Commercial Paper Notes in an aggregate Commercial principal amount at any one time outstanding not to exceed Paper Notes $125,000,000.00 to provide interim financing to pay Project Costs for Eligible Projects and to refund obligations issued in connection with an Eligible Project; authorizing such short term obligations to be issued, sold and delivered in various forms, including commercial paper notes and a bank note, and prescribing the terms, features and characteristics of such instruments; approving and authorizing certain authorized officers and employees to act on behalf of the City in the selling and delivery of such short term obligations, within the limitations and procedures specified; making certain covenants and agreements in connection therewith; providing for the levy, assessment and collection of a tax sufficient to pay the interest on commercial paper notes and a bank note and to create a sinking fund for the redemption of a bank note; resolving other matters incident and related to the issuance, sale, security and delivery of commercial paper notes, including the approval of an issuing and Paying Agent Agreement, a Credit Agreement and a Dealer Agreement; approving the use of an Offering Memorandum in connection with the sale from time to time of such short term obligations; and providing an effective date; and 2. Adopt Appropriation Ordinance No. 15935 increasing appropriations in the Commercial Paper-General Obligation Construction Fund in the amount of $125,000,000.00 from available funds for the purpose of funding interim financing for the construction of eligible projects. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 15 of 18 C-20015 There was presented Mayor and Council Communication No. C- Ord. #15936 20015 from the City Manager recommending that the City Council: Ord. #15937 Amend & 1. Adopt Ordinance No. 15936 amended and restated Restated ordinance approving and authorizing the issuance by the Ordinance City of Fort Worth, Texas of its Water and Sewer System Authorizing Commercial Paper Notes, Series A, in an aggregate Issuance of principal amount at any one time outstanding not to Water & Sewer exceed $100,000,000.00 to provide interim financing to System pay Project Costs for Eligible Projects and to refund Commercial obligations issued in connection with Eligible Projects; Paper Notes authorizing the issuance and delivery of a bank note in connection with the issuance, sale and delivery of Commercial Paper Notes, and prescribing the terms, features and characteristics of such instruments; approving and authorizing certain authorized officers and employees to act on behalf of the City in the selling and delivery of such short term obligations, within the limitations and procedures specified herein; making certain covenants and agreements in connection therewith; resolving other matters incident and related to the issuance, sale, security and delivery of commercial paper notes, including the appointment of an Issuing and Paying Agent and a Dealer and approval of an Issuing and Paying Agent Agreement, a Credit Agreement and a Dealer Agreement; approving the use of an Offering Memorandum in connection with the sale from time to time of such commercial paper notes; and providing an effective date; and 2. Adopt Appropriation Ordinance No. 15937 increasing appropriations in the Water and Sewer Commercial Paper Fund in the amount of $25,000,000.00 from available funds for the purpose of funding interim financing for the construction of eligible projects for the City's Waterworks and Sewer System. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 16 of 18 C-20016 There was presented Mayor and Council Communication No. C- Ord. #15938 20016 from the City Manager recommending that the City Council Texas authorize the City Manager to enter into an Interlocal Cooperation Department of Contract with the Texas Department of Public Safety through Public Safety August 31, to extend the first year of the No Suspect Casework DNA Backlog Reduction program until April 30, 2004; and authorize the City Manager to enter a second Interlocal Cooperation Contract with Texas Department of Public Safety through August 31, 2004, to operate the No Suspect Casework DNA Backlog Reduction program on a contract basis in the amount of $397,000.00; and adopt Appropriation Ordinance No. 15938 increasing estimated receipts and appropriations in the Grants Fund in the amount of $397,000.00 subject to execution of the amended contract with the Texas Department of Public Safety for the purpose of funding the "No Suspect Casework DNA Backlog Reduction" Program. It was the consensus of the City Council that the recommendation be adopted. C-20017 There was presented Mayor and Council Communication No. C- Ord. #15939 20017 from the City Manager recommending that the City Council Lone Star authorize the transfer of $231,384.00 from the Water and Sewer Energy Services, Fund to the Sewer Capital Project Fund; and adopt Appropriation Inc. Ordinance No. 15939 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $231,384.00 from available funds for the purpose of funding professional energy services for the Village Creek Gas Turbine Generation Plant; and confirm the execution of an Interim Letter Agreement with Lone Star Energy Services, Inc. for professional energy services for the Village Creek Gas Turbine Generation Plant, for a total cost of $231,384.00. It was the consensus of the City Council that the recommendation be adopted. C-20018 There was presented Mayor and Council Communication No. C- Tarrant County, 20018 from the City Manager recommending that the City Council Texas authorize the City Manager to execute an agreement with Tarrant County, Texas regarding a 36-inch water main located in a private easement along Willow Springs Road, inside the City of Fort Worth's Extraterritorial Jurisdiction. It was the consensus of the City Council that the recommendation be adopted. Citizen Deacon Howard Chadwick, 5505 Libbey, representing Bible Way Presentations Baptist Church, appeared before Council relative to no curb or Deacon Howard gutter in front of the church. He stated that he had appeared Chadwick before the previous City Council about the same matter and nothing had been done to resolve his concern. CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 17 of 18 Mayor Moncrief directed City Manager Jackson to provide a report on this issue next week. Tanya Horton Ms. Tanya Horton, 400 King George Street, Apt 835, appeared before Council relative to the home occupation ordinance. She expressed concern with provisions of the revised ordinance that would negatively impact childcare businesses, specifically amount of vehicle traffic, hours of operation, advertising, and the fine for non-compliance. Mayor Moncrief asked Ms. Horton to meet with City Manager Jackson after the meeting to address her concerns. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:31 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning the Southwest Parkway (S.H. 121 T); b) Legal issues concerning financial disclosure statements required by Local Government Code Section 145; c) Legal issues concerning Waste Management of Texas, Inc. property at the 3700 block of Linkcrest Drive; d) Legal issues concerning the utility relocations in city street projects; e) Legal issues concerning the Lost Creek Ranch subdivision; f) 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 CITY COUNCIL MEETING FORT WORTH, TEXAS MARCH 30, 2004 PAGE 18 of 18 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 2:05 p.m. Res. #3066 There was presented Resolution No. 3066 authorizing additional Additional penalty on delinquent taxes under Section 33.08, Tax Code. Penalty on Council Member Davis made a motion, seconded by Council Delinquent Member Stevenson, that the recommendation be adopted. The Taxes motion carried unanimously. G-14313 There was presented Mayor and Council Communication No. G- Ord. #15940 14313, dated March 23, 2004, from the City Manager recommending Adjusting Civil that the City Council adopt Ordinance No. 15940 adjusting the total Service Staffing number of authorized civil service positions at each classification in Fire (Rank) in the Fire Department for Fiscal Year 2003-2004; providing Department for the creation of one additional Battalion Chief position; providing for the deletion of one Captain position; providing a statement of purpose and intent. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 2:10 p.m. ip 11-�CITY SECRETARY MAYOR