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HomeMy WebLinkAbout2004/07/06-Minutes-City Council CITY COUNCIL MEETING J U LY 6, 2004 Date & Time On the 6t" day of July, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:16 p.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 Rick Ford, Church of the Living Water. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Stevenson, seconded by Council Member Silcox, the minutes of the regular meeting of June 29, 2004, were approved unanimously. Special Council Member Stevenson presented a Proclamation for Presentations Recreation and Parks Month. Presentations Mayor Moncrief extended best wishes to Council Member Moss from City Council and expressed appreciation for all his work over the past six to Council years and his achievements as Chair of the Housing and Member Moss Workforce Development Committee. Mayor Pro tempore McCloud presented a Proclamation for Council Member Frank Moss Day to Council Member Moss and Council Member Haskin presented an original painting by Mr. Burl Washington entitled "Tuskegee Airmen" and a Council rocking chair. Each Council Member expressed their appreciation to Council Member Moss for being an honorable, ethical gentleman, having a gracious spirit, and for making everyone aware of history, especially African American history. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 2 of 19 Remarks by Council Member Moss expressed appreciation to the Mayor and Council Member City Council and City staff for all their support during his tenure Frank Moss as the District 5 representative. He also acknowledged the support of City Manager Jackson and former City Manager Bob Terrell and the residents of District 5, as well as his wife and family. He summarized achievements in the district to include the first new inner-City market rate housing development, creation of an African-American Research Center, Wall of Mayors in City Hall, and Neighborhood Empowerment Program. He urged the Council to pursue a Charter Amendment Election that would provide compensation to Council Members to ensure adequate minority representation and also to look into adding a provision to have staggered terms on the Council. He congratulated Council Member Elect Wheatfall on his victory and wished him good luck as the District 5 representative. At this time Council Member Moss excused himself from the Council table and Council Member Elect Donavan Wheatfall assumed his chair. Administration of Acting City Secretary Sylvia Glover administered the oath of Oath of Office and office to Council Member Elect Donavan Wheatfall. Presentation of Certificate of Mayor Moncrief presented Council Member Wheatfall with a Election Certificate of Election. Remarks and Council Member Wheatfall expressed his appreciation to Introductions by residents of District 5 and stated that residents now had one Council Member voice representation on the Council. He expressed appreciation Donavan Wheatfall to his mother and father, Gloria and Raymond Wheatfall, his campaign manager William Garner, and his fiance Camerice Gibson for all their support during his campaign. Ms. Charmaine Polk, Founder and Director of the Original King's Kids, congratulated Council Member Wheatfall on his victory and presented him with a plaque. She added that Council Member Wheatfall was also an Original King's Kid and wished him good luck while on the Council. Recessed/ Mayor Moncrief recessed the meeting at 8:17 p.m. and Reconvened reconvened at 8:39 p.m. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 3 of 19 Announcements Council Member Lane expressed appreciation to Linda and Carl Bell and the Cats organization for having the unveiling of the new City flag before the Cats game July 4, 2004. He also expressed appreciation to the mounted patrol for their participation. He added that after the unveiling, he traveled to the north side and presented Willie Nelson with a proclamation at his picnic. He further stated that Willie Nelson said he liked what he saw in Fort Worth and asked to have his party here again next year. Council Member Lane acknowledged the exceptional services of the Fire and Police Departments, City staff, and everyone involved during the 4t" of July events in the City. Council Member Silcox expressed appreciation to all the volunteers who worked in the alarm office on July 4, 2004 to help dispatchers respond to emergency telephone calls. Council Member Haskin announced that on July 10, 2004 at 5:30 p.m. and again at 7:30 p.m., the U.S. Olympic Women's Softball team would play a double-header game at Gateway Park. She stated that tickets could be purchased at the gate and that there would be an autograph session after the last game. She encouraged everyone to go out and support the team. Council Member Picht expressed appreciation to Dan and Anita Staples for conducting their annual block party and parade. He also congratulated Nikki Cubes for qualifying as an Olympic finalist in Judo in her weight class. Council Member Stevenson expressed appreciation the Lake Como community, John Hudson, and Carol Brown for the conducting an exceptional parade. He stated it was a marvelous event. Consent Agenda On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the consent agenda was adopted unanimously. Appointments Mayor Pro tempore McCloud made a motion, seconded by Council Member Lane, to reappoint the following individuals to boards and commissions as indicated effective July 6, 2004 and with terms expiring October 1, 2004: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 4 of 19 City Zoning Commission and Scenic Preservation & Design Review Commission and FW Alliance Airport Zoning Commission Mr. Monnie Gilliam Community Development Council Ms. Sara Walker Fort Worth Commission for Women Ms. Kathleen Erin Hicks Historic and Cultural Landmarks Commission Mr. Joel C. Burns Aviation Advisory Board Mr. Gary Martin The motion carried 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 Zoning Designation. Overlay Zoning Designation - Mr. Gary Moates, 801 Cherry Street, Ste. 2000, appeared before Continued for Two Council in opposition of the resolution. He stated that he had Weeks received a revised draft of the resolution from Assistant City Gary Moates Attorney Sarah Fullenwider and requested a two-week delay. Council Member Davis made a motion, seconded by Council Member Silcox, that the resolution be continued for two weeks. The motion carried unanimously. Resolution to There was presented resolution to approve the 2004-2005 Crime Approve Control Plan and Budget as adopted by the Directors of the Fort 2004-2005 Crime Worth Crime Control and Prevention District. Control Plan and Budget — Ms. Susan Alanis, representing the Police Department, appeared Continued for Two before Council and presented a staff report. Weeks Norman Bermes Mr. Norman Bermes, 316 Palo Verde Lane, appeared before Council in opposition of the resolution. He stated that this was originally going to be a temporarily sales tax for five years and expressed concern with the impact on lower income residents. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 5 of 19 Council Member Silcox stated that the City would lose $38 million and 184 police officers without this tax and could not build the needed facilities without it. He further stated that he was very supportive of the tax as it would preclude raising property tax by $.16 and to lose the tax would be devastating to the City. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the resolution be continued for two weeks. The motion carried unanimously. Council Member Wheatfall requested staff provide a report on the programs and their effectiveness. City Attorney Yett stated that staff would provide Council with a full legislative history on this tax. Appointments Mayor Moncrief made a motion, seconded by Council Member Lane to appoint Council Member Donavan Wheatfall to the Central City Revitalization and Economic Development Committee and the Capital Improvement and Infrastructure Committee. He added that Council Member Lane had graciously agreed to move from the Capital Improvement and Infrastructure Committee to the Housing and Workforce Development Committee. He further stated that Council Member Stevenson would Chair the Housing and Workforce Development Committee. OCS-1246 There was presented Mayor and Council Communication No. Claims OCS-1246 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-14408 There was presented Mayor and Council Communication No. G- Ord. 16022 14408, dated June 29, 2004, from the City Manager Amend Chapter 6 recommending that the City Council adopt Ordinance No. 16022 of the City Code, amending Chapter 6 of the Code of the City of Fort Worth, "Animals and "Animals and Fowl", Section 6-1, defining the terms assistance Fowl" and service animals; Section 6-23, exempting the license fee for Recognizing assistance and service animals; Section 6-62, allowing prohibited Assistance and animals as assistance and service animals upon registration; Service Animals providing for a fine of up to $2,000.00 for each offense in violation of this ordinance. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 6 of 19 G-14412 There was presented Mayor and Council Communication No. G- Ord. #16023 14412 from the City Manager recommending that the City Council Transfer Funds to authorize the transfer of $101,207.00 from the General Fund/Non Special Trust Departmental Department to the Special Trust Fund FE-72 for Fund FE-72 to outside legal and consulting services incurred as part of the Fund Participation City's participation in an administrative hearing against Charter in Administrative Communication; and adopt Appropriation Ordinance No. 16023 Hearing Against increasing estimated receipts and appropriations in the Special Charter Trust Funds by $136,005.00 from available funds, for the purpose Communications of funding participation in an administrative hearing against Charter Communications. It was the consensus of the City Council that the recommendation be adopted. G-14413 There was presented Mayor and Council Communication No. G- Ord. #16024 14413 from the City Manager recommending that the City Council Transfer Property authorize the transfer of $250,000.00 from the Property and and Casualty Casualty Insurance Fund to the Specially Funded Capital Projects Insurance Fund to Fund for the deductible portion of the recent storm related Specially Funded damage to City properties; and adopt Appropriation Ordinance Capital Projects No. 16024 increasing estimated receipts and appropriations in Fund for Storm the Specially Funded Capital Projects Fund in the amount of Related Damage $500,000.00 contingent upon receipt of funds from insurance reimbursement for the purpose of funding deductible costs for storm related damage to City properties. It was the consensus of the City Council that the recommendation be adopted. G-14414 There was presented Mayor and Council Communication No. G- Ord. #16025 14414 from the City Manager recommending that the City Council Accept Grant on authorize the City Manager to apply for and accept a grant from Alliance Runway the Federal Aviation Administration in the amount up to Extension Project $1,988,200.00 for additional work associated with the Runway at Fort Worth Extension project at Fort Worth Alliance Airport; authorize the Alliance Airport use of land credits in the amount up to $104,642.00 for the City's in-kind local match of 5 percent of the project cost; and adopt Appropriation Ordinance No. 16025 increasing estimated receipts and appropriations in the Grants Fund in the amount of $2,092,842.00, subject to receipt of the grant from the Federal Aviation Administration, for the purpose of funding additional work associated with the Runway Extension Project at Fort Worth Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 7 of 19 G-14415 There was presented Mayor and Council Communication No. G- Ord. #16026 14415 from the City Manager recommending that the City Council Accept Routine authorize the City Manager to accept a $30,000.00 Routine Airport Airport Maintenance Program Grant for Fort Worth Alliance Airport from Maintenance the Texas Department of Transportation (TxDOT) Aviation Program Grant for Division; authorize the acceptance of$15,000.00 from Alliance Air Fort Worth Services to be deposited in the Airport Grants Fund for the City's Alliance Airport match; and adopt Appropriation Ordinance No. 16026 increasing estimated receipts and appropriations in the Airport Grants Fund in the amount of $30,000.00 contingent upon receipt of the Routine Airport Maintenance Program Grant from the Texas Department of Transportation, Aviation Division, for the purpose of funding routine maintenance items at Fort Worth's Alliance Airport. It was the consensus of the City Council that the recommendation be adopted. G-14416 There was presented Mayor and Council Communication No. G- Settlement of 14416 from the City Manager recommending that the City Council Lawsuit Entitled authorize the City Manager's Office to execute documents to Dan Clark Family settle the lawsuit entitled Dan Clark Family Limited Partnership, Limited and CTC Transportation, Inc., a Texas Corporation vs. City of Fort Partnership and Worth and the Zoning Board of Adjustment for the City of Fort CTC Worth, Cause Number 141-202926-03. Council Member Davis Transportation, made a motion, seconded by Council Member Silcox, that the Inc., a Texas recommendation be adopted. The motion carried unanimously. Corporation vs. City of Fort Worth and Zoning Board of Adjustment G-14417 There was presented Mayor and Council Communication No. G- Settlement of 14417 from the City Manager recommending that the City Council Lawsuit Entitled approve the proposed settlement of the claims of Natalie Pilz in Natalie Pilz vs. this lawsuit entitled Natalie Pilz vs. Stephanie Carnes and City of Stephanie Carnes Fort Worth, and Stephanie Carnes and City of Fort Worth vs. and City of Fort Masie L. Batey, Cause No. 96-196918-03; authorize the payment Worth, and of $37,500.00 to Natalie Pilz and her attorney, Robert Haslem, Stephanie Carnes with a check made payable to Natalie Pilz and her attorney, and City of Fort Robert Haslam; and authorize the appropriate City representative Worth vs. Masie L. to execute the documents necessary to complete the settlement. Batey, Cause No. Council Member Davis made a motion, seconded by Council 96-196918-03 Member Stevenson, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 8 of 19 G-14418 There was presented Mayor and Council Communication No. G- Res. #3102 14418 from the City Manager recommending that the City Council Appoint Council adopt Resolution No. 3102 appointing Council Member Donavan Member Donavan Wheatfall to the following Boards of Directors effective July 6, Wheatfall to City's 2004 and with a term expiring July 1, 2005: Development and Improvement Fort Worth Local Development Corporation Authorities Sunbelt Industrial Development Corporation Trinity Housing Finance Corporation Alliance Airport Authority Fort Worth Housing Finance Corporation Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14419 There was presented Mayor and Council Communication No. G- Ord. #16027 14419 from the City Manager recommending that the City Council Adopt 2003 adopt Ordinance No. 16027 amending the Fort Worth Fire Code, International Fire by adopting the 2003 International Fire Code, with local Code amendments and amending Sections 13-1 and 13-2 of Article I and Appendix VIII of Chapter 13, "Fire Prevention and Protection," of the Code of the City of Fort Worth (1986), as amended; providing for the issuance of permits and the collection of fees thereof; providing for the inspection of buildings; providing penalties for the violation thereof. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Council Member Davis expressed appreciation to Fire Chief Ken Freeman, Building Official Al Godwin, Mr. Bill Miller, and the City staff for their hard work on this issue. Public Hearing It appeared that the City Council set today as the date for a public hearing on Endorsement of Zoo Parking and Access Study Committee recommendations. Mayor Moncrief asked it there was anyone present desiring to be heard. Mr. Harold Pitchford, representing Parks and Recreation Department, appeared before Council, gave a staff report, called attention to Mayor and Council No. G-14420 as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 9 of 19 G-14420 There was presented Mayor and Council Communication No. G- Endorse Zoo 14420 from the City Manager recommending that the City Council Parking and endorse the recommendations of the Zoo Parking and access Access Study Study Committee. Committee Recommendations Mr. Charles Dreyfus, 2416 Park Place, appeared before Council in support of the committee's recommendation. There being no else one present desiring to be heard in the public hearing on Endorsement of Zoo Parking and Access Study Committee recommendations, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G- 14420 be adopted with the following amendment: Number the reflected paragraph as the first paragraph and add the following paragraphs: 2. Re-establish the committee to oversee the implementation of the plan; and 3. Instruct that any improvements be consistent with the Trinity River Vision Master Plan to preserve the integrity of the existing oxbow. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members, Lane, Silcox, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Member Picht ABSENT: None G-14421 There was presented Mayor and Council Communication No. G- Ord. #16028 14421 from the City Manager recommending that the City Council Amend Electrical adopt Ordinance No. 16028 amending the Fort Worth Electrical Code Code, by amending Section 11-2 of the Code of the City of Fort Worth (1986); expanding the usage of non-metallic (NM) cable in buildings over four (4) stories. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 10 of 19 G-14422 There was presented Mayor and Council Communication No. G- Res. #3103 14422 from the City Manager recommending that the City Council Appropriate authorize a total of $500,000.00 to be interplead into Tarrant Interplead Funds County District Court for court ordered division among all into Tarrant potential claimants in payment of any and all claims stemming County District from the drownings at the Fort Worth Water Gardens on June 16, Court for Payment 2004; and adopt Resolution No. 3103 authorizing the City of Claims Attorney to file a suit in interpleader. Council Member Lane made Involving the a motion, seconded by Council Member Davis, that the Drownings at FW recommendation be adopted. Water Gardens Lee Alcorn Mr. Lee Alcorn, 3402 Country Club Drive, Grand Prairie, Texas, President of the Coalition of Civil Rights appeared before Council in support of this issue. He commended the Council for their leadership during the tragedy and asked for clarification whether the City considered this as one incident or separate incidents. City Attorney Yett stated that staff had very carefully examined the statute and that the maximum liability to the City was $500.000.00 for all claims arising from this incident. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members, Lane, Silcox, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Member Picht ABSENT: None P-9987 There was presented Mayor and Council Communication No. P- Computers, 9987 from the City Manager recommending that the City Council Computer authorize non-exclusive purchase agreements with CyberDyne Peripheral Systems, Inc., En Pointe Technologies Sales Inc., M&A Equipment, Technology Inc., and Micro System Engineering, Inc., for Communication computers and computer peripheral equipment; authorize non- Equipment and exclusive purchase agreements with Affiliated Telephone Inc., Parts Anixter Inc., Presidio Corporation, Southwestern Bell Communications, Inc. and Optus Telemation Inc., for communication equipment and parts; and authorize the purchase agreements to begin July 6, 2004, and expire July 5, 2005, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 11 of 19 P-9988 There was presented Mayor and Council Communication No. P- Window and Door 9988 from the City Manager recommending that the City Council Glass Repair and authorize a purchase agreement with A & B Glass and Mirror for Replacement window and door glass to be delivered and installed at various buildings within the City of Fort Worth, based on the lowest responsive bid received with payments due 30 days after receipt of invoice; and authorize this agreement to begin July 6, 2004, and expire July 5, 2005, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9989 There was presented Mayor and Council Communication No. P- Backfill Sand 9989 from the City Manager recommending that the City Council authorize a purchase agreement for backfill sand with McCauley Dirt Company for the Water Department based on the low bid with payment due 30 days from the date of the invoice; authorize this agreement to begin July 6, 2004, and expire on July 5, 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. P-9990 There was presented Mayor and Council Communication No. P- Toro 328D 9990 from the City Manager recommending that the City Council Outfront Mowers confirm the emergency purchase of two new Toro 328D outfront mowers from the HGAC (Houston Galveston Area Council) for the Parks and Community Services Department for a total cost not to exceed $29,079.76 with payment due within 30 days of the invoice date and freight is included in the unit price. It was the consensus of the City Council that the recommendation be adopted. P-9991 There was presented Mayor and Council Communication No. P- Hand Tools 9991 from the City Manager recommending that the City Council authorize a purchase agreement for Hand Tools with Texas Building Procurement Commission and Texas Multiple Award Schedule Program term contracts for the City of Fort Worth with payment due 30 days from date of invoice. The City takes ownership at the City's facilities. Freight is prepaid and added to invoice for orders that do not meet the $100.00 minimum; each of the following local vendors was awarded Hand Tools: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 12 of 19 Grainger Inc., MSC Industrial Supply, Marsh Cable & Connections, O'Reilly Auto Parts and other vendors statewide; this agreement to begin July 6, 2004 and expire on July 5, 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-9992 There was presented Mayor and Council Communication No. P- Hardware 9992 from the City Manager recommending that the City Council Supplies authorize a purchase agreement for hardware supplies with Texas Building Procurement Commission, Texas Multiple Award Schedule Program and City of Dallas term contracts for the City of Fort Worth with payment due 30 days from date of invoice. The City takes ownership at the City's facilities. Freight is prepaid and added to invoice for orders that do not meet the $100.00 minimum; each of the following local vendors was awarded hardware supplies: Best Products Company, Bluebonnet Supply, Force Rigging Supply, Lawson Products, MSC Industrial Supply, DF sales and other vendors statewide; this agreement to begin July 6, 2004 and expire on July 5, 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-13857 There was presented Mayor and Council Communication No. L- Condemnation of 13857 from the City Manager recommending that the City Council Land declare the necessity of taking an interest in a portion of Lot 1, Block 1, Frank Kent Subdivision, required for the re-alignment of Main Street at Lancaster Avenue near the Central Business District (DOE 4007), City of Fort Worth, Tarrant County, Texas and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. It was the consensus of the City Council that the recommendation be adopted. L-13858 There was presented Mayor and Council Communication No. L- Permanent 13858 from the City Manager recommending that the City Council Easement approve the acceptance of one permanent easement described as portion of the N.H. Carroll Survey, Tarrant County, Texas from Tarrant Regional Water District for property located west of Fernwood Street and south of Carswell Access Road (DOE 4101), necessary for the construction, operation, maintenance and repair of a sanitary sewer line and two storm drains to serve the River Gardens project located in west Fort Worth for a total cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 13 of 19 L-13859 There was presented Mayor and Council Communication No. L- Permanent 13859 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easement easements described as portion of the G.W. Parker Survey, Abstract No. 1251, from AIL Investment, L.P. and Hillwood Saratoga, L.P. for property located west of Alta Vista Drive and south of Alliance Gateway in far north Fort Worth (DOE 4411), needed for the construction, installation, reconstruction, operation and maintenance of sanitary sewer facilities to serve the Villages of Woodland Springs West development for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13860 There was presented Mayor and Council Communication No. L- Authorize Lease 13860 from the City Manager recommending that the City Council and Settlement allow the lease with Steven Leach for City-owned property Negotiations located at Lot 14B and 14C, Block 32 Lake Worth Lease Survey (1349 Bomber Road) to expire on its own terms; and authorize City Staff to enter into settlement negotiations with Mr. Leach regarding the property. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-20132 There was presented Mayor and Council Communication No. C- Wal-Mart Stores, 20132, dated June 29, 2004, from the City Manager L.P. recommending that the City Council authorize the City Manager to execute a Community Facilities 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. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20135 There was presented Mayor and Council Communication No. C- Southwestern 20135 from the City Manager recommending that the City Council Baptist authorize the City Manager to enter in to a consent agreement Theological with Southwestern Baptist Theological Seminary authorizing use Seminary of the right-of-way for installation of conduits under the 1700 block of West Broadus Avenue. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 14 of 19 C-20136 There was presented Mayor and Council Communication No. C- Ben and Gail 20136 from the City Manager recommending that the City Council Dyess authorize the City Manager to enter into a consent agreement with Ben and Gail Dyess authorizing use of the right-of-way to allow continuance of a brick wall (fence) at 4614 Washburn Avenue. It was the consensus of the City Council that the recommendation be adopted. C-20137 There was presented Mayor and Council Communication No. C- Termination of 20137 from the City Manager recommending that the City Council Forward Purchase authorize the City Manager to execute a Termination Agreement Agreement with National Westminister Bank (NatWest). It was the National consensus of the City Council that the recommendation be Westminister adopted. Bank C-20138 There was presented Mayor and Council Communication No. C- Union Pacific 20138 from the City Manager recommending that the City Council Railroad Company authorize the City Manager to execute a Railroad Force Account Agreement with Union Pacific Railroad Company and the Texas Department of Transportation to install railroad crossing signals, gates and new concrete roadway crossing for the construction of North Tarrant Parkway from Rainy Lake Drive to US 377. It was the consensus of the City Council that the recommendation be adopted. C-20139 There was presented Mayor and Council Communication No. C- Ord. #16029 20139 from the City Manager recommending that the City Council Texas Department authorize the City Manager to apply for and accept, if awarded of Health Office of and execute a grant contract with Texas Department of Health's Public Health Office of Public Health Practice, in the amount of $40,000.00 to be Practice used to provide essential public health services from September 1, 2004 to August 31, 2005; adopt Appropriation Ordinance No. 16029 increasing estimated receipts and appropriations in the Grants Fund in the amount of $40,000.00, subject to receipt of the grant from the Texas Department of Health, Office of Public Health Practice, for the purpose of funding essential Public Health Services through the Public Health Department's Health Promotion and Education Section; waive the indirect cost rate of 10 percent since expenditures of this nature negatively impact the delivery of services to the community; and authorize a non- interest bearing inter-fund load from the General Fund to the Grants Fund in the amount of $25,000.00 for interim financing of this grant project pending contract execution. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 15 of 19 C-20140 There was presented Mayor and Council Communication No. C- Ord. #16030 20140 from the City Manager recommending that the City Council TXU Energy authorize the City Manager to execute a contract with TXU and accept funds up to $250,000.00 for the Energy Aid Program through December 31, 2004; authorize the agreement to begin upon execution of the contract, and end December 31, 2004, with a two year option to renew; and adopt Appropriation Ordinance No. 16030 increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $250,000.00 from funds received from TXU Energy for the purpose of funding the Energy Aid Program. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20141 There was presented Mayor and Council Communication No. C- Kimco 20141 from the City Manager recommending that the City Council Montgomery authorize the City Manager to execute a Tax Abatement Agreement Plaza, L.P. with Kimco Montgomery Plaza, L.P. related to the redevelopment of the former Montgomery Ward site, as part of the Montgomery Plaza Project; and find that the terms and conditions of the Agreement satisfy the City's Tax Abatement Policy for quality commercial/industrial projects located within the Central City and that the development is consistent with encouraging development of that property, generating economic development and increasing employment opportunities in the City. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Picht, Wheatfall, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 16 of 19 C-20142 There was presented Mayor and Council Communication No. C- Target 20142 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute the Economic Development Program Agreement (subject to non-material final changes agreed to by the parties) with Target Corporation related to the development of a SuperTarget on a parcel located within the former Montgomery Ward site; and find that the terms and conditions of the Agreement constitute a custom-designed economic development program, as recommended by the 2004 Comprehensive Plan and authorized by Chapter 380 of the Texas Local Government Code. Greg Hughes Mr. Greg Hughes, 2544 Stadium Drive, appeared before Council in opposition of the agreement. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: None C-20143 There was presented Mayor and Council Communication No. C- Kimco 20143 from the City Manager recommending that the City Council Montgomery authorize the City Manager to execute the Economic Plaza, L.P. Development Program Agreement with Kimco Montgomery Plaza, L.P. related to the redevelopment of the former Montgomery Ward site, known as the Montgomery Plaza Project; and find that the terms and conditions of the Agreement, constitute a custom- designed economic development program, as recommended by the 2004 Comprehensive Plan and authorized by Chapter 380 of the Texas Local Government Code. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 17 of 19 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: None C-20144 There was presented Mayor and Council Communication No. C- Target 20144 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute a Tax Abatement Agreement with Target Corporation related to the development of a SuperTarget within the former Montgomery Ward site; and find that the terms and conditions of the Agreement satisfy the City's Tax Abatement Policy for qualified commercial/industrial projects located within the Central City and that the development is consistent with encouraging development of that property generating economic development increasing employment opportunities in the City. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: None Council Member Davis stated that she was very proud of this development and expressed appreciation to Mr. John Weber and welcomed him and his development. She also thanked the Economic and Community Development Department with special acknowledgement to Christine Maguire, Assistant City Manager Reid Rector, Assistant City Attorney Peter Vaky, and the citizens in the community for all their efforts. Council Member Stevenson congratulated Council Member Davis on her leadership on this issue and added that the development would be a vital asset to the region. CITY COUNCIL MEETING FORT WORTH, TEXAS J U LY 6, 2004 PAGE 18 of 19 C-20145 There was presented Mayor and Council Communication No. C- Ord. #16031 20145 from the City Manager recommending that the City Council Freese and adopt Supplemental Appropriation Ordinance No. 16031 Nichols, Inc. increasing appropriations in the General Fund in the amount of $87,726.00 and decreasing the unreserved, undesignated fund balance by the same amount, for the purpose of funding a contract with Freese and Nichols, Inc. for an operational assessment and alternative evaluations for the Active Pool of the Fort Worth Water Gardens; and authorize the City Manager to execute an agreement with Freese and Nichols, Inc., in the amount of $87,726.00 for the operational assessment and alternative evaluations for the Active Pool of the Fort Worth Gardens. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. SP-04-030 It appeared that the City Council, at its meeting of June 22, 2004, continued the hearing of the application of Phillip Galyen for a site plan of property located at 1418 Milam Street for parking lot and car leasing preparation area, Zoning Docket No. SP-04-030. There being no one present desiring to be heard in connection with the site plan of Phillip Galyen, Council Member Haskin made a motion, seconded by Council Member Lane, that Zoning Docket No. SP-04-030 be continued for one week. The motion carried unanimously. Citizen Ms. Sharon Armstrong, 4605 Virgil Street, appeared before Presentations Council and congratulated Council Member Wheatfall on his Sharon Armstrong selection as the District 5 representative. She added that she looked forward to working with him. The following individuals appeared before Council relative to the flood on Carleton Avenue: Jon Vidaurri, Mr. Jon Vidaurri 2300 Carleton Avenue Kimberly Vidaurri, Ms. Kimberly Vidaurri 2300 Carleton Avenue Sean Sullivan, Mr. Sean Sullivan 2225 Carleton Avenue Bobbie Shosty Ms. Bobbie Suzanne Shosty 2220 Carleton Avenue Don Hicks, Mr. Don Hicks, Ms. Angela Crump, and Mr. Sam Frankenfield, Angela Crump, representing the Handley Community for Environmental Justice, San Frankenfield appeared before Council relative to demolition of the Cowtown Inn. CITY COUNCIL MEETING FORT WORTH, TEXAS JULY 6, 2004 PAGE 19 of 19 The following individuals also appeared before Council relative to demolition of the Cowtown Inn: Werner Pilgrim, Mr. Werner C. Pilgrim 2833 Hunter Street Michael Wyatt Mr. Michael Wyatt 3029 Handley Drive Terry Wood Mr. Terry Wood, 6053 Walnut Drive, appeared before Council relative to a Probate Court issue. The following individuals appeared before Council relative to establishing a Cold Case Unit in Fort Worth: Hector Carrillo, Mr. Hector Carrillo 740 N. Sylvania Brenda Allen, President, LULAC 4816 Al Saldivar Ms. Brenda Allen 5709 Gunn Court Mr. Al Saldivar 936 Cardinal Ridge Avenue City Manager Jackson stated that staff would provide a report on comments made in Mr. Carrillo's presentation. Mayor Moncrief expressed condolences to the family of Police Officer Mark Schrader who was killed in an accident July 2, 2004. Adjournment There being no further business, the meeting was adjourned at 10:47 p.m. � � CITY SECRETARY MAYOR