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HomeMy WebLinkAbout2004/06/29-Minutes-City Council CITY COUNCIL MEETING JUNE 29, 2004 Date & Time On the 29th day of June, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:08 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, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; Acting City Secretary Sylvia Glover. Council Member Clyde Picht was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by T. J. Patterson, Assistant City Attorney. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Stevenson, the minutes of the regular meeting of June 22, 2004, were approved unanimously. Special Council Member Davis presented a Proclamation for Presentations Summerbridge Day. Mayor Moncrief presented a Proclamation to Roxy and John Stevenson in recognition of their 50th Wedding Anniversary on June 25, 1954. Res. #3098 Sylvia Glover, Acting City Secretary, advised the City Council that Canvass Returns the official count of the Runoff Election for District 5 held on June and Declaration 19, 2004 was as follows: of Results of Runoff Election Donavan Wheatfall 839 Votes for District 5 held Frank Moss 744 Votes on June 19, 2004 She further stated that Donavan Wheatfall received a majority of the total number of votes and stated that if the Council agreed with the canvass, the proper motion was to declare Donavan Wheatfall elected to the office of City Council Member for District 5 and to adopt Resolution No. 3098 canvassing the returns and declaring the results of the Runoff Election for District 5 held on June 19, 2004. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the resolution be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 2 of 21 Presentation of Acting City Secretary Glover stated that Council Member Elect Certificate of Wheatfall's certificate of election would be presented at the July Election 6, 2004 City Council meeting. Announcements Council Member Silcox expressed appreciation to Water Department Director Dale Fisseler and City crews for the outstanding job they did removing water from several residences damaged by storm water resulting from last week's rains. Mayor Pro tempore McCloud stated the City delegation attended the funerals in Chicago for the four individuals who lost their lives at the Water Gardens. He added that the church, family, and city were grateful that the delegation attended and expressed appreciation for the way the family was treated while they were in Fort Worth. Mayor Moncrief stated that he was very proud of the delegation and that they were warmly received. He added that he would write Chicago Mayor Daly and express appreciation for the way the delegation was treated. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. P-9983 be withdrawn from the consent agenda. Council Member Haskin requested that Mayor and Council Communication No. C-20125 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication Nos. G-14408 and C-20132 be continued for one Staff week and that C-20130 be withdrawn. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Stevenson, the consent agenda, as amended, was adopted unanimously. Resolution to There was presented a resolution authorizing the Historic Submit Property Preservation Officer to submit to the Historic and Cultural for Historic & Landmarks Commission the nomination of property located at Cultural 1604 Eighth Avenue for Historic and Cultural Landmark Overlay Landmarks Overlay Zoning Designation. Council Member Davis made a motion, Zoning Designation seconded by Council Member Silcox, that the resolution be Continued for One continued for one week. The motion carried unanimously. Week CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 3 of 21 C.P. #246 There was presented Council Proposal No. 246 directing the City Create a Light Manager to create a Light Duty Policy. Council Member Silcox Duty Policy - stated that the Council Proposal would be withdrawn as the City Withdrawn Manager would implement a City-wide program that would be fair to all City employees. Council Member Lane added that City Manager Jackson agreed to provide the names of individuals who applied for this exemption to the City Council as far as Police and Fire Department personnel were concerned and stated that the Public Safety Committee was available to review this policy to ensure its effectiveness. Mayor Pro tempore McCloud recognized State Representative Lon Burnam in the audience. Mayor Moncrief recognized his son Mitch in the audience who was visiting from California. OCS-1425 There was presented Mayor and Council Communication No. Claims OCS-1425 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. G-14399 There was presented Mayor and Council Communication No. G- Appointment to 14399 from the City Manager recommending that the City Council Construction and approve the appointment of Mr. Carl G. Harkins, Jr. to serve on Fire Prevention the Construction and Fire Prevention Board of Appeals, Place 1, Board of Appeals, Architect. It was the consensus of the City Council that the Place 1, Architect recommendation be adopted. G-14400 There was presented Mayor and Council Communication No. G- Ord. 16011 14400 from the City Manager recommending that the City Council Amend Chapter adopt Ordinance No. 16011 amending the Code of the City of Fort 34, Vehicles for Worth (1986), as amended, relating to non-consent private Hire, of the City property tows, by deleting Section 34-180(b); by amending Code — Non- Section 34-180.1(d)(3); by amending Section 34-180.1(d) by Consent Private adding a new subsection (5); providing for a severability clause; Property Tows providing for a savings clause. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 4 of 21 G-14401 There was presented Mayor and Council Communication No. G- Extend Salary 14401 from the City Manager recommending that the City Council Supplement for approve an extension of injury absence pay benefits for Police Police Officer Officer Lisa Ramsey. It was the consensus of the City Council Lisa Ramsey that the recommendation be adopted. G-14402 There was presented Mayor and Council Communication No. G- Ord. 16012 14402 from the City Manager recommending that the City Council Accept Grant authorize the City Manager to accept a grant from the U.S. Under Bulletproof Department of Justice in the amount of $11,638.66 for funding Vest Partnership under the Bulletproof Vest Partnership Grant Act of 1998; and Grant Act of 1998 adopt Appropriation Ordinance No. 16012 increasing estimated receipts and appropriations in the Grants Fund in the amount of $11,638.66 from available funds for the purpose of funding the purchase of bulletproof vests for Law Enforcement Officers. It was the consensus of the City Council that the recommendation be adopted. G-14403 There was presented Mayor and Council Communication No. G- Res. 3099 14403 from the City Manager recommending that the City Council City of Irving's adopt Resolution No. 3099 consenting to the City of Irving's Grant Grant for Dallas of a rebate incentive for Dallas Cowboys Merchandising, Ltd. to Cowboys relocate its new central warehouse/distribution facility to Dallas/ Merchandising, Fort Worth (D/FW) International Airport. Council Member Davis Ltd. to Relocate made a motion, seconded by Council Member Stevenson, that the to D/FW recommendation be adopted. The motion carried unanimously. International Airport G-14404 There was presented Mayor and Council Communication No. G- Continued Until 14404 from the City Manager recommending that the City Council After the authorize the City Manager to execute a Memorandum of Executive Understanding setting forth the basic terms and conditions of an Session amendment to the "Contract for collection of residential garbage, refuse and small bulky waste, recyclables, certain commercial solid waste, yard waste, C&D, and large brush and large bulky waste" by and between the City of Fort Worth, Texas and Waste Management of Texas, Inc. The following individuals appeared before Council in opposition of the Memorandum of Understanding: CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 5 of 21 W.D. Bill Tatsch, Mr. W. D. Bill Tatsch 3928 Stonehenge Road Sharon Ms. Sharon Armstrong 4605 Virgil Armstrong, Ms. Lillian W. Hall 7009 Church Street Lillian Hall, Mr. Lon Burnam 2103 Sixth Avenue Lon Burnam Monnie Gilliam Mr. Monnie Gilliam, 1100 Vicki Lane, representing the Fort Worth League of Neighborhoods, appeared before Council and stated that the City needed to educate the citizens of Fort Worth on what the issue was before imposing a fine. After a lengthy conversation amongst Council Members, Mayor Moncrief stated that this issue would be continued until after the Executive Session. G-14405 There was presented Mayor and Council Communication No. G- Declare 14405 from the City Manager recommending that the City Sufficiency of Council: Petition and Set Public Hearing 1. Find that the petition for re-establishment of the proposed Date for Re- Fort Worth Public Improvement District No. 1 contains Establishment of sufficient signatures and meets other requirements of Fort Worth Public Chapter 372, Subchapter A, Section 372.005 of the Local Improvement Government Code (the Public Improvement District District #1 Assessment Act); and (Downtown) 2. Direct the City Secretary to file I.R. Number 8611 containing the information as required by Chapter 372, Subchapter A; and 3. Set July 20, 2004, at 10:00 a.m. as the date and time to consider the following matters: a. the advisability of re-establishing the proposed district; and b. the general nature of the proposed improvements and/or services; and c. the estimated costs of the improvements and/or services; and d. the boundaries of the proposed improvement district; and e. the proposed method of assessment; and f. the proposed apportionment of costs between the public improvement district and the municipality as a whole; and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 6 of 21 4. Direct the City Secretary to give notice of the public hearing in accordance with state law. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14406 There was presented Mayor and Council Communication No. G- Local 14406 from the City Manager recommending that the City Council Transportation authorize the execution of Local Project Advance Funding Project Advance Agreement Amendment No. 4 with the Texas Department of Funding Transportation for North Tarrant Parkway from IH-35W to US 377 Agreement to split the project into two sections: from IH-35W to Rainy Lake Amendment #4 Drive and from Rainy Lake Drive to US 377. This amendment also with Texas increases the federal funding by $3,720,786.00 for the section Department of from Rainy Lake Drive to US 377. The local match of $930,196.00 Transportation for these federal funds was included in the 2004 CIP bond for North Tarrant program. Council Member Haskin made a motion, seconded by Parkway Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14407 There was presented Mayor and Council Communication No. G- Initiate Zoning 14407 from the City Manager recommending that the City Council Changes and authorize the City Manager to initiate the rezoning of certain Amendments to property in the south end of Downtown; and authorize the City Downtown Urban Manager to initiate certain amendments to the Downtown Urban Design Standards Design Standards and the special view corridor map as they for South End of apply to the Lancaster Corridor Zone. Council Member Davis Downtown in made a motion, seconded by Council Member Stevenson, that the Accordance with recommendation be adopted. The motion carried unanimously. Lancaster Corridor Master Plan G-14408 It was the consensus of the City Council that Mayor and Council Continued for Communication No. G-14408, Adoption of an Ordinance One Week Amending Chapter 6 of the City Code, "Animals and Fowl" Recognizing Assistance and Service Animals, be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 7 of 21 Public Hearing It appeared that the City Council set today as the date for a public hearing on reducing size of Trinity Park Neighborhood Empowerment Zone and Neighborhood Empowerment Reinvestment Zone Number Fifteen, City of Fort Worth, Texas. Mayor Moncrief asked it there was anyone present desiring to be heard. Ms. Christine Maguire, representing the Economic and Community Development Department, appeared before Council, gave a staff report, called attention to Mayor and Council No. G- 14409 as follows: G-14409 There was presented Mayor and Council Communication No. G- Res. #3100 14409 from the City Manager recommending that the City Council Ord. #16013 hold a public hearing concerning the reduction of the Trinity Park Reduce Size of Neighborhood Empowerment Zone and Neighborhood Trinity Park Empowerment Reinvestment Zone Number Fifteen, City of Fort Neighborhood Worth, Texas; adopt Resolution No. 3100 reducing the Empowerment boundaries of the Trinity Park Neighborhood Empowerment Zone and Zone; and adopt Ordinance No. 16013 amending Ordinance No. Neighborhood 15841 by reducing the boundaries of Neighborhood Empowerment Empowerment Reinvestment Zone Number Fifteen, City of Fort Reinvestment Worth, Texas (Trinity Park NEZ); and containing other matters Zone #15 related to the zone. There being no one present desiring to be heard in the public hearing on reducing size of Trinity Park Neighborhood Empowerment Zone and Neighborhood Empowerment Reinvestment Zone Number Fifteen, City of Fort Worth, Texas, Council Member Davis made a motion, seconded by Council Member Stevenson, that the public hearing be closed and Mayor and Council Communication No. G-14409 be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on the designation of Tax Abatement Reinvestment Zone No. 47, City of Fort Worth, Texas (Kimco Montgomery Plaza, L.P. Development). Mayor Moncrief asked it there was anyone present desiring to be heard. Ms. Ardina Washington, representing the Economic and Community Development Department, appeared before Council, gave a staff report, called attention to Mayor and Council No. G- 14410 as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 8 of 21 G-14410 There was presented Mayor and Council Communication No. G- Ord. #16014 14410 from the City Manager recommending that the City Council Designating Tax hold a public hearing concerning the designation of Tax Abatement Abatement Reinvestment Zone No. 47, City of Fort Worth, Texas; Reinvestment and adopt Ordinance No. 16014 designating a certain area in the Zone No. 47, City of Fort Worth as "Tax Abatement Reinvestment Zone (Kimco Number Forty-Seven, City of Fort Worth, Texas" (Kimco Montgomery Montgomery Plaza, L.P. Development); providing the effective Plaza, L.P. and expiration dates for the Zone and a mechanism for renewal of Development) the Zone; and containing other matters related to the Zone. There being no one present desiring to be heard in the public hearing on the designation of Tax Abatement Reinvestment Zone No. 47, City of Fort Worth, Texas (Kimco Montgomery Plaza, L.P. Development), Council Member Davis made a motion, seconded by Council Member Stevenson, that the public hearing be closed and Mayor and Council Communication No. G-14410 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane; Haskin, Moss, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Picht Public Hearing It appeared that the City Council set today as the date for a public hearing on the designation of Tax Abatement Reinvestment Zone No. 48, City of Fort Worth, Texas (Target Development). Mayor Moncrief asked it there was anyone present desiring to be heard. Ms. Ardina Washington, representing the Economic and Community Development Department, appeared before Council, gave a staff report, called attention to Mayor and Council No. G- 14411 as follows: G-14411 There was presented Mayor and Council Communication No. G- Ord. 16015 14411 from the City Manager recommending that the City Council Designating Tax hold a public hearing concerning the designation of Tax Abatement Abatement Reinvestment Zone No. 48, City of Fort Worth, Texas; Reinvestment and adopt Ordinance No. 16015 designating a certain area in the Zone No. 48, City of Fort Worth as "Tax Abatement Reinvestment Zone (Target Number Forty-Eight, City of Fort Worth, Texas" (Target Development) Development); 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. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 9 of 21 There being no one present desiring to be heard in the public hearing on the designation of Tax Abatement Reinvestment Zone No. 48, City of Fort Worth, Texas (Target Development, Council Member Davis made a motion, seconded by Council Member Stevenson, that the public hearing be closed and Mayor and Council Communication No. G-14411 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane; Haskin, Moss, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Picht P-9977 There was presented Mayor and Council Communication No. P- Earth and Street 9977 from the City Manager recommending that the City Council Boring and authorize a purchase agreement for earth and street boring and Conduit conduit installation services for (Directional Boring Services) with Installation C&C Bore Services, Incorporated and Atlantis Underground for Services the Transportation and Public Works Department, Traffic Group based on the overall lowest bids received with payments due 30 days after receipt of the invoice; authorize the agreements to begin June 29, 2004, and expire June 28, 2005, with two one-year options to renew; 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, Chapter 271.102, "Cooperative Purchasing Program." It was the consensus of the City Council that the recommendation be adopted. P-9978 There was presented Mayor and Council Communication No. P- Pump Control 9978 from the City Manager recommending that the City Council Valves authorize the purchase of two 20-inch pump control valves from Municipal Valve and Equipment through the Texas Procurement Center for the Water Department at a total cost not to exceed $61,130.50 with payment due within 30 days of the date of invoice. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 10 of 21 P-9979 There was presented Mayor and Council Communication No. P- Traffic Control 9979 from the City Manager recommending that the City Council and Safety authorize a purchase agreement for traffic control and safety Equipment equipment (superdome drums and stackable vertical panels) with the Texas Procurement Center for the Water Department based on low bid with freight included in the unit price and payment due 30 days after receipt of invoice; and authorize the agreement to begin on June 1, 2004, and expire on May 31, 2005 with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9980 There was presented Mayor and Council Communication No. P- Water Bill 9980 from the City Manager recommending that the City Council Envelopes authorize a purchase agreement for water bill envelopes with TCC Distributors for the Water Department based on low bid, with freight included in the unit price and payment due 30 days after receipt of the invoice; and authorize this agreement to begin June 29, 2004, and expire June 28, 2005, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9981 There was presented Mayor and Council Communication No. P- Lab Equipment 9981 from the City Manager recommending that the City Council authorize a purchase of a Gas Chromatograph-Mass Spectrometer (GC/MS) from Quantum Analytics for an amount not to exceed $71,752.00. The shipping will be prepaid and added to the invoice with payment due 30 days from the date of invoice. It was the consensus of the City Council that the recommendation be adopted. P-9982 There was presented Mayor and Council Communication No. P- Ord. #16016 9982 from the City Manager recommending that the City Council Tele- authorize purchase agreements for the Fort Worth Public Library Communications for telecommunications network hardware from Affiliated Network Telephone Inc., Juniper hardware from Southwestern Bell Hardware Communications and firewall software from Software House International using State of Texas Department of Information Resources contracts; CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 11 of 21 and adopt Appropriation Ordinance No. 16016 increasing estimated receipts and appropriations in the New Equipment Purchase Fund in the amount of $277,029.00 to be obtained through the City's Equipment Note Program approved on September 28, 1999, (M&C G-12681) by Ordinance No. 13954, and amended on March 30, 2004 (M&C C-20013) for the purpose of funding the purchase of Network Hardware with Affiliated Telephone, Inc., Southwestern Bell Communications, and Software House International for the Fort Worth Public Library. It was the consensus of the City Council that the recommendation be adopted. P-9983 There was presented Mayor and Council Communication No. P- Customization for 9983 from the City Manager recommending that the City Council Police Helicopter authorize the purchase of customization for helicopter N911 FW and Wescam with Texas Aviation Services to make modifications and to install Thermal Imaging new systems and components at an estimated cost not to exceed Components $45,000.00; and authorize the trade-in of the old City owned FLIR (forward looking infrared radar) thermal imager system to L-3 Communications Wescam in an even exchange for the Wescam imager components required to complete the customization to Helicopter N911 FW at a total trade in value of $28,772.93. City Manager Jackson stated that the Fiscal Information/Certification section of the M&C needed to be amended to reflect funds were appropriated from the Crime Control and Prevention District Fund and not the General Fund. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. P- 9983 be adopted, as amended. The motion carried unanimously. P-9984 There was presented Mayor and Council Communication No. P- Ord. #16017 9984 from the City Manager recommending that the City Council Specialized authorize the City Manager to accept from the Texas Engineering Equipment Extension Service, the State Homeland Security Grant equipment donation to aid in the response to a Weapons of Mass Destruction/Terrorist incident, in the amount of $1,583,028.00; and adopt Appropriation Ordinance No. 16017 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,583,028.00 from available funds for the purpose of funding the purchase of specialized equipment to enhance the capability to respond to a weapons of Mass Destruction/Terrorist incident. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 12 of 21 P-9985 There was presented Mayor and Council Communication No. P- Ord. #16018 9985 from the City Manager recommending that the City Council Hardware and authorize purchase agreements with Dell Marketing Ltd., TSJ Operating Technologies and Software House International using the State of Software Texas Cooperative Purchase Agreement processes; and adopt Appropriation Ordinance No. 16018 increasing estimated receipts and appropriations in the New Equipment Purchase Fund in the amount of $565,974.00 to be obtained through the City's Equipment Note Program approved on September 28,1999, (M&C G-12681) by Ordinance No. 13954, and amended on March 30, 2004 (M&C C-20013) for the purpose of funding purchase agreements with Dell Marketing Ltd., TSJ Technologies and Software House International for hardware and operating software for Municipal Court and the Information Technology Solutions Department. It was the consensus of the City Council that the recommendation be adopted. P-9986 There was presented Mayor and Council Communication No. P- Enrichment 9986 from the City Manager recommending that the City Council Programming to execute contracts with multiple vendors to provide enrichment programming at one or more of 15 summer programs for youth for an estimated grand total of $59,436.00. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. L-13849 Revised There was presented Mayor and Council Communication No. L- Permanent 13849 (Revised) from the City Manager recommending that the Sanitary Sewer City Council declare the necessity of taking an interest of one Easement and permanent sanitary sewer easement and one temporary Temporary construction easement from Marbur Development, Inc. for Construction property located at 8548 Meadowbrook Drive in east Fort Worth Easement required for construction of the Main 244A Parallel Relief Sewer Project (DOE 3295); and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land for the construction of a parallel relief sewer line from U.S. 180 (Lancaster Avenue) to the Village Creek Wastewater Treatment Plant. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 13 of 21 L-13855 There was presented Mayor and Council Communication No. L- Permanent 13855 from the City Manager recommending that the City Council Waterline approve the acceptance of one permanent waterline easement Easement described as Lot 5R, Block 2, Great Southwest Industrial Addition, Tarrant County, Texas from Tarrant County for property located in North Fort Worth for the Green Bay Confinement Unit Expansion Project (DOE 4016), needed as right-of-way to construct, operate, maintain, and provide water service for properties located at the Interstate Highway 35W North Freeway and in the 5000 block of Northeast Parkway for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13856 There was presented Mayor and Council Communication No. L- Permanent 13856 from the City Manager recommending that the City Council Waterline approve the acceptance of one permanent waterline easement Easement described as A-493, J.F. Elliott Survey, D204084337, Tarrant County, Texas from THMC, L.P. for property located west of Loop 820 south of Mary's Creek Drive for Montserrat Development (DOE 4403), for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. PZ-2533 There was presented Mayor and Council Communication No. PZ- Res. #3101 2533 from the City Manager recommending that the City Council Seventh approve Resolution No. 3101 adopting the seventh amendment to Amendment to the City of Fort Worth's Annexation Plan to remove approximately Municipal 67.237 acres of land located at the intersection of Highway 287 Annexation Plan and Harmon Road, west of Harmon Road and north of Highway 287, Tarrant County, Texas in order to facilitate an owner-initiated annexation. Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Council Member Stevenson stated that the resolution removed this area from the annexation plan to allow the area to be voluntarily annexed by Mayor and Council Communication No. PZ-2534. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 14 of 21 PZ-2534 There was presented Mayor and Council Communication No. PZ- Ord. #16019 2534 from the City Manager recommending that the City Council Institute and adopt Ordinance No. 16019 declaring certain findings; providing Approve for the extension of certain boundary limits of the City of Fort Annexation of Worth; providing for the annexation of approximately 67.237 Approximately acres (0.105 square miles) of land, more or less, situated in the 67.237 Acres Josiah Walker Survey, Abstract No. 1600, Tarrant County, Texas, Located at being a portion of that certain tract of land described in deed to Intersection of pBK Joint Venture Recorded in Volume 8283, Page 1013, Deed Hwy 287 and Records, Tarrant County, Texas. (Case No. AX-04-005) which Harmon Road said territory lies adjacent to and adjoins the present corporate West of Harmon boundary limits of Fort Worth, Texas; providing that the territory Road and North of annexed shall bear its pro rata part of taxes; providing that the Hwy 287 (AX-04- inhabitants thereof shall have all the privileges of all the citizens 005, Quail Grove Addition) of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-20125 There was presented Mayor and Council Communication No. C- Teague Nall and 20125 from the City Manager recommending that the City Council Perkins, Inc. authorize the City Manager to execute an engineering agreement with Teague Nall and Perkins, Inc. in the amount of $49,210.00 for Meadowbrook Hills Drainage Improvements. Council Member Haskin made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-20125 be adopted with the addition of the following schedule provided by the Engineering Department: June 2004 Approval/Award of Design Contract August 2004 Complete Preliminary Design October 2004 Complete Final Design December 2004 Advertise for Bids April 2005 Begin Construction July 2005 Complete Construction The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 15 of 21 C-20126 There was presented Mayor and Council Communication No. C- United States 20126 from the City Manager recommending that the City Council Department of authorize the City Manager to renew the Interlocal Agreement Justice, Drug with the United States Department of Justice, Drug Enforcement Enforcement Administration — North Texas HIDTA Western Drug Squad for FY Administration — 2004; authorize the City Manager to execute an addendum to the HIDTA Task interlocal agreement to define the sharing guidelines for forfeited Force Group 6, assets among participating agencies and establishing the Fort Western Drug Worth Police Department as custodian and distributor of forfeited Squad assets; authorize the City Manager to amend during the contract term as appropriate to add and delete member agencies; and authorize the agreement to begin June 1, 2004, and end upon 30- day written notification of the City of Fort Worth or all participating agencies. It was the consensus of the City Council that the recommendation be adopted. C-20127 There was presented Mayor and Council Communication No. C- Southwest 20127 from the City Manager recommending that the City Council Research authorize the City Manager to execute Amendment No. 3 to the Institute Engineering Services Agreement with Southwest Research Institute to provide a strategy and design in support of a security communication network for the Water Department in the amount of $194,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20128 There was presented Mayor and Council Communication No. C- Change Order#3 20128 from the City Manager recommending that the City Council Solar Turbines execute Change Order No. 3 with Solar Turbines Incorporated for Incorporated the purchase and installation of digester gas fueled turbine generators at Village Creek Wastewater Treatment Plant in the amount of $55,019.11, increasing the contract amount of $5,876,701.11; and execute a Settlement Agreement and Release with Solar Turbines, Incorporated to address liquidated damages and warranty work under the contact. It was the consensus of the City Council that the recommendation be adopted. C-20129 There was presented Mayor and Council Communication No. C- Williams Mullen 20129 from the City Manager recommending that the City Council Strategies authorize the City Manager to enter into a contract agreement with the Washington, D.C. firm of Williams Mullen Strategies for personal services involving consultation and representation before the Congress of the United States, U.S. federal agencies and the White House Administration. The term of the contract will be from July 1, 2004, to November 30, 2005, with a one-year option to renew at the same terms and conditions. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 16 of 21 Council Member Haskin made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20130 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20130, Authorization to Amend the Purchase Agreement and Authorize the Sale of City-Owned Property Located at the Northwest Corner of Forest Park Boulevard and West Rosedale Street to Fort Worth South, Inc. in Accordance with Section 272 of the Local Government Code, be withdrawn. C-20130 There was presented Mayor and Council Communication No. C- Corrected 20130 (Corrected) from the City Manager recommending that the Fort Worth South, City Council authorize the City Manager to amend the Purchase Inc. Agreement (Contract No. 28494) and authorize the sale of city- owned property located at the northeast corner of Forest Park Boulevard and West Rosedale Street with Fort Worth South, Inc. in accordance with Section 272 of the Local Government Code to extend the option period to August 20, 2004; and authorize the City Manager to execute an appropriate deed conveying the property to Fort Worth South, Inc. and record the deed, if the terms of the option agreement as amended are satisfied. City Manager Jackson stated that the M&C needed to be amended to delete the first two redundant paragraphs in the Recommendation section. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted as amended. The motion carried unanimously. C-20131 There was presented Mayor and Council Communication No. C- Lone Star Gas 20131 from the City Manager recommending that the City Energy Services Council: Company/TXU Energy Services 1. Authorize the City Manager to execute the settlement Company agreement with Lone Star Gas Energy Services Company/TXU Energy Services Company; and 2. Authorize the City Manger to execute the second five-year renewal to the Solids Dewatering, Processing and Disposal Contract with Renda Environmental, Inc. (City Secretary Contract No. 20283), with adjusted quantities to reflect actual daily solids production and an annual CPI calculation; and CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 17 of 21 3. Authorize the City Manager to execute an amendment to City Secretary Contract No. 20283 to include: a. The operation and maintenance of the Village Creek Wastewater Treatment Plant (VCWWTP) five MW turbine generators; and b. The terms for the purchase of supplemental gas as an additional fuel source for the VCWWTP turbine generators, consistent with the terms of the settlement agreement. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-20132 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-20132, Approval of Community Facilities One Week Agreement with Wal-Mart Stores, L.P., for the Installation of Water and Sewer Services to Serve Riverside Wal-Mart Supercenter No. 5312-00 at Riverside Drive, be continued for one week. C-20133 There was presented Mayor and Council Communication No. C- Ord. #16020 20133 from the City Manager recommending that the City Council Independent adopt Appropriation Ordinance No. 16020 increasing Environmental appropriations in the Solid Waste Fund in the amount of Services of $163,000.00 and decreasing the unreserved retained earnings by Texas, Inc. the same amount for the purpose of funding a contract with Independent Environmental Services of Texas, Inc. for emergency grinding services as a result of the June 1, 2004 storm debris; and approve the execution of contract with Independent Environmental Services of Texas, Inc. for emergency grinding services as a result of the June 1, 2004 storm debris for a total cost not to exceed $163,000.00. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20134 There was presented Mayor and Council Communication No. C- Ord. #16021 20134 from the City Manager recommending that the City Council Waste adopt Appropriation Ordinance No. 16021 increasing Management of appropriations in the Solid Waste Fund in the amount of Texas, Inc. $1,399,133.00 and decreasing the unreserved retained earnings by the same amount for the purpose of funding a contract with Waste Management of Texas, Inc. for emergency collection services as a result of the June 1, 2004 storm debris; and approve the execution of contract with Waste Management of Texas, Inc. for emergency collection services as a result of the June 1, 2004 storm debris for a total cost not to exceed $1,399,133.00. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 18 of 21 Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Citizen Mr. C. O. Coomer, 2813 Canton Drive, appeared before Council Presentations relative to demolition of the Cowtown Inn. He stated that C. O. Coomer although asbestos was dangerous, it could be controlled. He added that the asbestos should be sprayed with water to minimize the creation of any type of dust. Lloyd Jones Mr. Lloyd Jones, 2854 Milam Street, representing the Handley Neighborhood Association, appeared before Council and stated that there was no 100 percent safe method for asbestos abatement. He added that his Neighborhood Association supported the proposed wet method and requested the City proceed with the demolition of the Cowtown Inn before it fell down. Barbara Ms. Barbara McMahon, 1805 Barron Lane, appeared before McMahon Council and expressed appreciation for everything they do for the City. She expressed concern with demolishing the Cowtown Inn while the children were out of school and would spend more time outside as a result. She asked that the Council make an educated decision and to not risk one child's life. Mayor Moncrief stated that the demolition would not proceed without approval from the Environmental Protection Agency. He added that the Texas Department of Health was now involved which may delay the demolition further. Council Member Moss requested that information be provided to citizens on which buildings would be demolished by the wet method and those that would be demolished by the dry method. Recess It was the consensus of the City Council that they recess into the Pre-Council Work session to complete items remaining on the posted agenda at 11:37 a.m. Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:35 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: CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 19 of 21 a) Dan Clark v. City of Fort Worth and Zoning Board of Adjustment, Cause No. 141-202926-03; b) Stephen E. Leach v. City of Fort Worth, Cause No. 67-198369-03; c) Natalie Pilz v. Stephanie Carnes and City of Fort Worth, Cause No. 96-196918-03; d) Legal issues concerning the solid waste collection contracts; e) Legal issues concerning the discharge of firearms in the city limits; f) Legal issues concerning Waste Management of Texas, Inc. property at the 3700 block of Linkcrest Drive; g) Legal issues concerning the gas turbines at Village Creek Wastewater Treatment Plant; h) Legal issues concerning the Evans — Rosedale redevelopment project; i) Legal issues concerning the Water Gardens; j) 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 convention center hotel and other economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 20 of 21 The City Council adjourned the Executive Session at 1:50 p.m. and reconvened into the Pre-Council Worksession at 1:55 p.m. to discuss Waste Management issues and complete the remaining Pre-Council items. Adjourned/ The City Council adjourned the Pre-Council Worksession at 2:25 Reconvened p.m. and reconvened into regular session at 2:28 p.m. G-14404 There was presented Mayor and Council Communication No. G- Memorandum of 14404 from the City Manager recommending that the City Council Understanding authorize the City Manager to execute a Memorandum of for Amendment Understanding setting forth the basic terms and conditions of an to Contract for amendment to the "Contract for collection of residential garbage, Collection of refuse and small bulky waste, recyclables, certain commercial Residential solid waste, yard waste, C&D, and large brush and large bulky Garbage, Refuse waste" by and between the City of Fort Worth, Texas and Waste and Small Bulky Management of Texas, Inc. , Waste Recycl asteabl %s, City Attorney Yett stated that the Section VII, Transition Period, of Commercial Solid the Memorandum of Understanding (MOU) needed to be amended Waste, Yard to delete "storm debris" and reflect that "The phase-in of the Waste, C&D, and enhanced weekly Yard Waste collection and the monthly bulky Large Brush waste collection system shall commence immediately upon the Large Bulky mutual agreement of the parties made in good faith that the Waste desired clean up had been substantially completed...". He added that the intent of the amendment was to make the new system phase-in contingent on substantial completion of both the storm debris and the general city-wide clean up of bulk waste piles. In addition, the approved MOU would contain the definition of "non-compliant piles as discussed in today's Pre-Council Worksession. Council Member Davis stated that the MOU was a non-binding agreement. It was recognition of the City's intention to go forward to a final negotiation with Waste Management. However, it did not preclude the opportunity of the community from providing their input during the next two evening City Council meetings. She added that it did provide for once a week pick up and expressed grave concerns were the City to define a program that was going to allow what was considered to be trash, to be diverted into a bulk pick up system on a once a week system. She further stated that she had been assured by changed language in the contract, by staff, and by Waste Management, that the City was not creating a system that would allow trash to be picked up as bulk waste. CITY COUNCIL MEETING FORT WORTH, TEXAS JUNE 29, 2004 PAGE 21 of 21 Council Member Lane asked that City Attorney Yett review Ordinance No. 12931 and advise Council how it applied into the overall plan. He also requested that the attorney for Waste Management of Texas, Inc. review ordinance and provide any suggestions to the Council for their consideration. Council Member Silcox made a motion, seconded by Council Member Lane, that the recommendation be adopted as amended. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Moss, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Council Member Picht Council Member Lane announced that the new City flag would be officially unveiled July 4, 2004 at 7:05 p.m. at La Grave Field before the Fort Worth Cats play their home game. He added that Mayor Moncrief would throw out the first ball and invited everyone to attend the unveiling and game. Adjournment There being no further business, the meeting was adjourned at 2:37 p.m. �ija- CITY SECRETARY MAY R J