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HomeMy WebLinkAbout2004/08/24-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 Date & Time On the 24th day of August, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:15 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, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; Assistant City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Becky Haskin was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Jerden Davis, River Oaks United Methodist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Silcox, the minutes of the regular meeting of August 17, 2004, were approved unanimously. Special Council Member Davis presented a Proclamation for The Warm Presentations Place Day. Announcements Council Member Wheatfall announced that District 5 had placed a Cowboys of Color exhibit in the north lobby of City Hall and encouraged everyone to visit the exhibit. He added that there would be a formal reception to kick off the exhibit on August 31, 2004 at 5:30 p.m., also in the north lobby of City Hall. Council Member Haskin assumed her chair. Council Member Picht encouraged everyone to make donations to the American Red Cross to aid those individuals affected by the recent hurricanes in Florida. Council Member Silcox announced that the Crime Control and Prevention District (CCPD) Renewal election would be held February 5, 2005. He stated that meetings would be conducted in each Council District to review the plan and budget and receive citizen input. He added that the meetings needed to be completed by mid-October 2004 to comply with election guidelines. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 2 of 17 Council Member Davis announced that District 9 would hold its meeting for the CCPD Renewal election on September 9, 2004 at 7:00 p.m. in the Lily B. Clayton Elementary School Auditorium at 2000 Park Place Avenue. Council Member Silcox provided the following information for meetings scheduled relative to the CCPD election: 1. District 7: September 9, 2004 at 7:00 p.m., Boswell High School, Anderson Building, Lecture Hall (Room A116), 5805 West Bailey Boswell Road 2. Districts 2 & 4: September 13, 2004 at 7:00 p.m., North Fort Worth Baptist Church Gymnasium, 5801 North IH-35 West 3. District 7: September 16, 2004 at 7:00 p.m., Arlington Heights High School Library, 4501 West Freeway 4. District 5: October 6, 2004 at 7:00 p.m., Dunbar High School, 5700 Ramey Avenue 5. District 6: October 14, 2004 at 6:30 p.m., Westcreek Elementary School Auditorium, 3401 Walton Withdrawn from Assistant City Manager Boswell requested that Mayor and Council Consent Agenda Communication Nos. G-14465, G-14468, and C-20226 be withdrawn from the consent agenda. Continued/ Assistant City Manager Boswell requested that Mayor and Council Withdrawn By Communication Nos. G-14470 be withdrawn, and that C-20185, C- Staff 20226, and L-13887 be continued for one week. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Stevenson, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Haskin advised Council that nominations for appointments to the Alarms Task Force and Scenic Preservation and Design Review Commission were needed by next week. Res. #3113 There was presented Resolution No. 3113 approving the FY 2004- Approve FY 2005 Budget for Dallas/Fort Worth International Airport. Council 2004-2005 Member Silcox made a motion, seconded by Council Member Budget for Davis, that the resolution be adopted. The motion carried Dallas/FW unanimously. International Airport CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 3 of 17 The following individuals appeared before Council in opposition of City Manager Gary Jackson's resignation. Mr. Danny Brockman, 3005 Highlawn Terrace President of the Association for City Employees Mr. Vernon V. Edwards 2309 S. Hughes Avenue Mr. William Saafir 5600 Boca Raton Boulevard Accept City Council Member Silcox made a motion, seconded by Council Manager's Member Wheatfall to accept the City Manager's resignation, Resignation approve a Professional Consulting Agreement with Gary W. Ord. #16087 Jackson, and adopt Appropriation Ordinance No. 16087 increasing appropriations in the General Fund and decreasing unreserved, undesignated fund balance by the amount of $84,692.21, for the purpose of funding a professional consulting agreement with Gary W. Jackson. The motion carried unanimously. Delayed Until Mayor Moncrief stated that the appointment of an Interim City After Executive Manager and Personnel Action concerning the City Manager in Session accordance with City Charter Chapter V, Section 1 would be delayed until after the Executive Session. OCS-1435 There was presented Mayor and Council Communication No. OCS- Claims 1435 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-14463 There was presented Mayor and Council Communication No. G- Res. #3114 14463 from the City Manager recommending that the City Council Increase adopt Resolution No. 3114 authorizing the maximum amount to be Maximum paid to Richard Henderson for final payment in his representation Amount to be of Chief Ralph Mendoza in the Lawsuit Michael Moreno and Paid to Richard Christopher Dodd v. City of Fort Worth, Fort Worth Police Henderson to Department, Police Chief Ralph Mendoza, Police Officer Larry W. Represent Lance and Michael T. Johnson, Civil Action No. 4:03-CV-0369-A, be Police Chief increased to $114,721.74. It was the consensus of the City Council Ralph Mendoza that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 4 of 17 G-14464 There was presented Mayor and Council Communication No. G- Ord. #16088 14464 from the City Manager recommending that the City Council Grant from U.S. authorize the City Manager to submit a proposal, and if the Economic proposal is accepted, submit an application to the U.S. Economic Development Development Administration (EDA) for a grant in the amount of Administration $1,800,000.00 to renovate the elementary school on the historic for Renovation James E. Guinn School Campus; authorize the City Manager to on Historic accept such grant and to execute a grant agreement with EDA, if James E. Guinn awarded, and contingent upon the City's ability to provide required School Campus matching funds, if any; and adopt Appropriation Ordinance No. 16088 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,800,000.00, subject to receipt of the grant from the U.S. Economic Development Administration, for the purpose of funding the renovation of the elementary school on the James E. Guinn School Campus. It was the consensus of the City Council that the recommendation be adopted. G-14465 There was presented Mayor and Council Communication No. G- Ord. #16089 14465 from the City Manager recommending that the City Council Amend Speed adopt Ordinance No. 16089 amending Chapter 22 Motor Vehicles Limits Chapter and Traffic of the Code of the City of Fort Worth (1986), as 22, Motor amended, by amending subsection, Subsections (e), (f) and (g) of Vehicle and Section 22-86 of Article III thereof by changing location, extent Traffic and/or speed limits of certain speed zones. Assistant City Manager Boswell stated that line three of the ordinance needed to be amended to delete "subsection". Council Member Silcox made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. G- 14465 be adopted as amended. The motion carried unanimously. G-14466 There was presented Mayor and Council Communication No. G- Ord. #16090 14466 from the City Manager recommending that the City Council Approve FY2004 authorize the City Manager to accept from the Texas Engineering State Homeland Extension Service the State Homeland Security Grant Program Sub Security Law recipient award of the 2004 State Homeland Security Law Enforcement Enforcement Terrorism Prevention Program Grant to improve the Terrorism City of Fort Worth's Regional Planning Efforts to respond to Prevention potential terrorist use of a Weapons of Mass Destruction, in the Program Grant amount of $307,322.00; and adopt Appropriation Ordinance No. 16090 increasing estimated receipts and appropriations in the Grants Fund in the amount of $307,322.00, subject to receipt of the State Homeland Security Law Enforcement Terrorism Prevention Program Grant from the State Homeland Security Department, for CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 5 of 17 the purpose of funding the enhancement of the City's capability to respond to acts of terrorism. It was the consensus of the City Council that the recommendation be adopted. G-14467 There was presented Mayor and Council Communication No. G- Ord. #16091 14467 from the City Manager recommending that the City Council Approve FY2004 authorize the City Manager to accept from the Texas Engineering State Homeland Extension Service the State Homeland Security Grant Program Security Grant Subrecipient Award of the 2004 State Homeland Security Program Grant to improve the City of Fort Worth's ability to respond to potential terrorist use of a Weapons of Mass Destruction, in the amount of $452,899.00; and adopt Appropriation Ordinance No. 16091 increasing estimated receipts and appropriations in the Grants Fund in the amount of $452,899.00 subject to receipt of the State Homeland Security Program Grant from the State Homeland Security Department, for the purpose of funding the enhancement of the City's capability to respond to acts of terrorism. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing on establishing Standards of Care for Youth Programs in the Parks and Community Services Department. Mayor Moncrief asked it there was anyone present desiring to be heard. Ms. Melody Mitchell, representing the Parks and Community Services Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G- 14468 as follows: G-14468 There was presented Mayor and Council Communication No. G- Ord. #16092 14468 from the City Manager recommending that the City Council Establish adopt Ordinance No. 16092 readopting and amending the Standards of Standards of Care for Youth Programs offered by the Parks and Care for Youth Community Services Department, by amending Section 9. "Leader Programs Responsibilities", of "General Administration" to add a new subsection, Subsection D to require leaders to be responsible for supervised access to the restrooms for participants. There being no one present desiring to be heard in the public hearing on establishing Standards of Care for Youth Programs in the Parks and Community Services Department, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14468 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 6 of 17 Public Hearing It appeared that the City Council set today as the date for a public hearing on the Request for Variance from Section 4-4 of the City Code to Allow Sale of Alcoholic Beverages at 3250 Hulen Street. Mayor Moncrief asked it there was anyone present desiring to be heard. Mr. Bob Riley, Development Department Director, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14469 as follows: G-14469 There was presented Mayor and Council Communication No. G- Request for 14469 from the City Manager requesting that the City Council Variance from consider the request from Ms. Angie Gardner for variance from Section 4-4 to Section 4-4 of the City Code to allow sale of alcoholic beverages at Sale Alcoholic 3250 Hulen Street. Beverages at 3250 Hulen St. Mr. Khristian Gardner, 10241 Pleasant Mound Drive, appeared Khristian before Council in support of the variance. He stated that there Gardner were other businesses in the area serving alcohol. Due to the close proximity of this business to Arlington Heights High School, Mr. Gardner indicated that alcohol would not be served in his establishment during school lunch hours. Council Member Stevenson advised Mr. Gardner that the alcohol beverage permit held by Crescent City Beignet was issued by the City in error. He added that the City was determining what action would be necessary to rectify the error. There being no one else present desiring to be heard in the public hearing on the Request for Variance from Section 4-4 of the City Code to Allow Sale of Alcoholic Beverages at 3250 Hulen Street, Council Member Stevenson made a motion, seconded by Council Member Wheatfall, that the public hearing be closed and Mayor and Council Communication No. G-14469 be denied. The motion carried unanimously. G-14470 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-14470, Adoption of Ordinance Amending Section 23-6 of the City Code to Allow Registration of Certain Property for Use as a Hunting Area, be withdrawn. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 7 of 17 Joe Waller Mr. Joe Waller, Chairman of the Steering Committee of the Neighborhood Association of South Lake Worth, P. O. Box 150689, appeared before Council in opposition of the ordinance and expressed concern for the safety of residents in this area. He added that the neighborhood did not receive adequate notification of this issue. G-14471 There was presented Mayor and Council Communication No. G- Ord. #16093 14471 from the City Manager recommending that the City Council Accept Funds accept a monetary donation in the amount of $1,000.00 from the from Wal-Mart Wal-Mart Foundation; and adopt Supplemental Appropriation Foundation for Ordinance No. 16093 increasing estimated receipts and Fire Department appropriations in the General Fund in the amount of $1,000.00 from available funds for the purpose of funding equipment and furnishings for Fire Station 26. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted with appreciation. The motion carried unanimously. G-14472 There was presented Mayor and Council Communication No. G- Res. #3115 14472 from the City Manager recommending that the City Council City Attorney to authorize the City Attorney to file a lawsuit pursuant to Chapter 54 File a Lawsuit of the Texas Local Government Code against August M. Against August Stanislawski IV, the owner of the property located at 3801 North M. Stanislawski Commerce Street and Michael Stanislawski and Texas American IV, Michael Recycling, the occupants of property located at 3801 North Stanislawski and Commerce Street, Fort Worth, Texas; and adopt Resolution No. Texas American 3115 authorizing the City Attorney to file a lawsuit against August Recycling M. Stanislawski IV, Michael Stanislawski and Texas American Recycling pursuant to Chapter 54 of the Texas Local Government Code. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14473 There was presented Mayor and Council Communication No. G- Ord. #16094 14473 from the City Manager recommending that the City Council Accept FAA authorize the City Manager to accept and execute grants from the Grants, Adopt Federal Aviation Administration in the amount of $665,000.00 and Phase IV-A and $3,230,000.00 respectively, for assistance in acquiring land and Phase IV-B of purchasing avigation easements for noise compatibility at Fort Noise Mitigation Worth Meacham International Airport; authorize the transfer of Program at FW funds in the amount of $35,000.00 and $170,00.00 respectively, Meacham from the Aviation Improvements Capital Projects Fund to the International Airport Grants Fund for the City's match; and adopt Appropriation Airport Ordinance No. 16094 increasing estimated receipts and CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 8 of 17 appropriations in the Airport Grants Fund in the amount of $4,100,000.00 subject to receipt of the grant from the Federal Aviation Administration for the purpose of funding the acquisition of land and avigation easements for noise compatibility at Fort Worth Meacham International Airport. Assistant City Manager Boswell stated that paragraph 2 of the Recommendation section of the M&C needed to be amended to reflect "$170,000.00" instead of"$170,00". Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted as amended. The motion carried unanimously. P-10003 There was presented Mayor and Council Communication No. P- Consulting 10003 from the City Manager recommending that the City Council Services authorize the execution of a contract for consulting services with DMJM Aviation for a five year period at no initial cost to the City. It was the consensus of the City Council that the recommendation be adopted. P-10004 There was presented Mayor and Council Communication No. P- Cancellation and 10004 from the City Manager recommending that the City Council Rebid for Rental authorize the cancellation and rebid of Bid Solicitation No. 04-0092 of Vehicles for the lease and rental of vehicles for the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. P-10005 There was presented Mayor and Council Communication No. P- Display Screens 10005 from the City Manager recommending that the City Council authorize a purchase agreement for Gateway 42 inch Plasma Display Screens from the Gateway Corporation for the Computer Aided Dispatch Center for installation at the Police Communications Center using a State of Texas Department of Information Resources contract at an estimated cost of $42,872.00. It was the consensus of the City Council that the recommendation be adopted. P-10006 There was presented Mayor and Council Communication No. P- Records 10006 from the City Manager recommending that the City Council Management authorize the purchase of Records Management System/ System Automated Reporting System hardware from Mark III Systems, a Hardware State of Texas Department of Information Resources vendor for the Police Department based on the total cost not to exceed $143,423.00. Payment is due 30 days from the date the invoice is CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 9 of 17 received and the City will take ownership at its facilities with delivery included in the cost of the equipment. It was the consensus of the City Council that the recommendation be adopted. L-13887 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L-13887, dated August 17, 2004, One Week Condemnation of One Right of Way Parcel and Three Temporary Right of Entry Agreements from Tarrant County College District Required for the Realignment of Throckmorton Street at Lancaster Avenue Near the Central Business District (DOE 4007), be continued for one week. L-13888 There was presented Mayor and Council Communication No. L- Permanent 13888 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement and easement and one temporary construction easement described as Temporary A 999, Tr 12A17, WM MC Cowens Survey, Tarrant County, Texas Construction from Stephen and Paula Long for property located in Keller, Texas, Easement for the extension of Denton and Golden Triangle Project (DOE 3311), needed as right-of-way to construct and maintain a proposed 10-inch sanitary sewer line to serve properties located at the southeast corner of Old Denton Road and Golden Triangle Boulevard, for a cost of $6,736.00 plus estimated closing costs of $1,500.00. It was the consensus of the City Council that the recommendation be adopted. L-13889 There was presented Mayor and Council Communication No. L- Permanent 13889 from the City Manager recommending that the City Council Waterline approve the acceptance of three permanent waterline easements Easements described as part of A-1276, Northwest I.S.D. Addition, Denton County, Texas from Northwest Independent School District for property located south of SH144 north of Texan Drive (DOE 4458), needed for future development and water service for Northwest Independent School District, for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-13890 There was presented Mayor and Council Communication No. L- Permanent 13890 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of one permanent sanitary sewer easement Easement described as part of A-782, John Kelsey Survey, Tarrant County, Texas from Robert Lindsay for property located along Mary's Creek and Patterson Branch (DOE 4161), needed to install approximately 50,000 linear feet of sanitary sewer main to serve the proposed CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 10 of 17 Walsh Ranch Development in west Fort Worth for a cost of $13,619.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. PZ-2542 There was presented Mayor and Council Communication No. PZ- Timetable for 2542 from the City Manager recommending that the City Council Proposed approve the annexation timetable for the proposed voluntary Voluntary annexation of approximately 113.19 acres of land, or .177 square Annexation of miles located at the northeast corner of Highway 287 and Bonds Approximately Ranch Road (AX-04-008 Highland Meadows), in order to annex the 113.19 Acres of subject property for full purposes in compliance with the Land Located at requirements of Chapter 43 of the Local Government Code of the Northeast State of Texas; and direct staff to prepare a service plan that Corner of provides for the extension of full municipal services to the Highway 287 annexation area. Council Member Stevenson made a motion, and Bonds seconded by Council Member Davis, that the recommendation be Ranch Rd. (AX- adopted. The motion carried unanimously. 04-008 Highland Meadows) PZ-2543 There was presented Mayor and Council Communication No. PZ- Timetable for 2543 from the City Manager recommending that the City Council Proposed approve the annexation timetable for proposed City initiated City Initiated annexation of approximately 2.69 acres of land, or .004 square Annexation of miles located east of Highway 287, being a portion of East Bonds Approximately Ranch Road in order to annex the subject property for full 2.69 Acres of purposes in compliance with the requirements Chapter 43 of the Land Located Local Government Code of the State of Texas; and direct City staff East of Highway to prepare a service plan that provides for the extension of full 287, Portion of municipal services to the annexation area. Council Member East Bonds Stevenson made a motion, seconded by Council Member Silcox, Ranch Rd. that the recommendation be adopted. The motion carried unanimously. C-20185 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-20185, dated August 5, 2004, Authorize One Week Execution of Economic Development Program Agreement with Railhead Industrial Park Investors, L.P., be continued for one week. C-20221 There was presented Mayor and Council Communication No. C- Cook Children's 20221 from the City Manager recommending that the City Council Medical Center authorize the City Manager to execute an amendment to City Secretary Contract 2596 authorizing installation of additional conduits under the 700 Block of 7t" Avenue for Cook Children's Medical Center. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 11 of 17 C-20222 There was presented Mayor and Council Communication No. C- Minyard Food 20222 from the City Manager recommending that the City Council Stores, Inc. find that Minyard Food Stores, Inc. has failed to meet certain commitments made in its tax abatement agreement with the City of Fort Worth (City Secretary Contract No. 22814); authorize the City Manager to reduce the percentage of tax abatement from 75 percent to 68 percent for the 2004 tax year; and direct the City Manager to notify Tarrant Appraisal District of such reduction. It was the consensus of the City Council that the recommendation be adopted. C-20223 There was presented Mayor and Council Communication No. C- Motorola, Inc. 20223 from the City Manager recommending that the City Council find that Motorola, Inc. has failed to meet certain commitments made in its tax abatement agreement with the City of Fort Worth (City Secretary Contract No. 19790, as previously amended by City Secretary Contract Nos. 21015 and 28284); authorize the City Manager to reduce the percentage of tax abatement from 70 percent to 62 percent for the 2004 tax year; and direct the City Manager to notify Tarrant Appraisal District of such reduction. It was the consensus of the City Council that the recommendation be adopted. C-20224 There was presented Mayor and Council Communication No. C- Nokia Mobile 20224 from the City Manager recommending that the City Council Phones, Inc. find that Nokia Mobile Phones, Inc. has failed to meet certain commitments made in its tax abatement agreement with the City of Fort Worth (City Secretary Contract No. 20695); authorize the City Manager to reduce the percentage tax abatement from 100 percent to 85 percent for the 2004 tax year; and direct the City Manager to notify Tarrant Appraisal District of such reduction. It was the consensus of the City Council that the recommendation be adopted. C-20225 There was presented Mayor and Council Communication No. C- Southwest 20225 from the City Manager recommending that the City Council Office Systems find that Southwest Office Systems (owned by Puente Brothers Investments, LLC) has failed to meet certain commitments made in its tax abatement agreement with the City of Fort Worth (City Secretary Contract No. 21790); authorize the City Manager to reduce the percentage of tax abatement from 50 percent to 34 percent for the 2004 tax year; and direct the City Manager to notify Tarrant Appraisal District of such reduction. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 12 of 17 C-20226 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-20226, Change Order No. 1 to City Secretary One Week Contract No. 30022 with Peachtree Construction, Ltd for HMAC Surface Overlay 2004-11 at Various Locations, be continued for one week. C-20227 There was presented Mayor and Council Communication No. C- John Fonville 20227 from the City Manager recommending that the City Council authorize the City Manager to execute an annual Terminal Building Office Lease Agreement with John Fonville for Suite 214, consisting of 235 square feet of office space on the second floor of the Terminal Building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-20228 There was presented Mayor and Council Communication No. C- Ord. #16095 20228 from the City Manager recommending that the City Council Amendment #1 authorize the City Manager to execute Amendment No. 1 to the to Texas Texas Department of Transportation (TxDOT) planned airfield Department of upgrade project at Fort Worth Spinks Airport increasing the overall Transportation grant amount from $870,000.00 to $1,000,000.00, of which $117,000.00 will be funded by TxDOT and $13,000.00 will be funded by the City; authorize the transfer of $13,000.00 from the Aviation Capital Projects Fund to the Airport Grants Fund for the City's match; and adopt Appropriation Ordinance No. 16095 increasing estimated receipts and appropriations in the Airport Grants Fund in the amount of $130,000.00 from available funds for the purpose of funding Amendment No. 1 to Texas Department of Transportation Airfield Upgrade Project at Fort Worth Spinks Airport (M&C G- 14307 approved March 23, 2004). It was the consensus of the City Council that the recommendation be adopted. C-20229 There was presented Mayor and Council Communication No. C- Texas Jet, Inc. 20229 from the City Manager recommending that the City Council authorize the City Manager to execute an Unimproved Ground Lease with Mandatory Improvements with Texas Jet, Inc. for 20,360 square feet of land at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-20230 There was presented Mayor and Council Communication No. C- Ace Pipe 20230 from the City Manager recommending that the City Council Cleaning, Inc. authorize the City Manager to execute a contract with Ace Pipe Cleaning, Inc., in the amount of $341,072.05 for the Arlington Heights Neighborhood Cleaning and Closed Circuit Television Inspection of Small Diameter Sanitary Sewers. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 13 of 17 C-20231 There was presented Mayor and Council Communication No. C- Change Order to 20231 from the City Manager recommending that the City Council CSC #29443, authorize the City Manager to execute a change order with Eagleton Eagleton Construction, Inc., (City Contract No. 29443) in the Construction, amount of $38,090.40 for additional work for Rosen, Far Northside, Inc. Arneson and Crestwood Parks. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing on the approval of Sign Plan and Authorization to Execute a Unified Sign Agreement with Clifford Crossing, Ltd., and Albertson's Inc. Mayor Moncrief asked it there was anyone present desiring to be heard. Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. C-20232 as follows: C-20232 There was presented Mayor and Council Communication No. C- Clifford 20232 from the City Manager recommending that the City Council Crossing, Ltd. consider approval of a Unified Sign Agreement for Clifford and Albertson's Crossing, Ltd., and Albertson's, Inc., at 9300 Clifford Street. Inc. Santos Martinez Mr. Santos T. Martinez, 500 S. Ervay #1128, Dallas, Texas, appeared before Council in support of the agreement. He stated that the development would limit the number of pole signs to 6 versus the 14 authorized by the development code. There being no one else present desiring to be heard in connection with the public hearing on the approval of Sign Plan and Authorization to Execute a Unified Sign Agreement with Clifford Crossing, Ltd., and Albertson's Inc., Council Member Stevenson made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. C-20232 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Haskin ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 14 of 17 Council Member Picht excused himself from the table at this time. C-20233 There was presented Mayor and Council Communication No. C- Continued for 20233 from the City Manager recommending that the City Council One Week authorize the City to receive and consider bids for gas well development on City-owned property located near Alliance Airport, and at the Gateway, Quanah Parker, and Tandy Hills City Parks. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be continued for one week. The motion carried unanimously. C-20234 There was presented Mayor and Council Communication No. C- Terra/ 20234 from the City Manager recommending that the City Council Brookstone, Ltd. authorize the City Manager to execute a Community Facilities Agreement with Terra/Brookstone, Ltd., by PBBM Corporation, its General Partner, for the installation of water and sewer services to serve Seventeen Lakes, Phase 1. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Council Member Davis excused herself from the table at this time. Council Member Picht assumed his chair. C-20235 There was presented Mayor and Council Communication No. C- Camp, Dresser & 20235 from the City Manager recommending that the City Council McKee, Inc. authorize the City Manager to execute an engineering agreement with Camp, Dresser & McKee, Inc., in the amount of $4,645,213.00 for the design of the 35 million gallon per day expansion of the Eagle Mountain Water Treatment Plant and High Service Pump Station. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20236 There was presented Mayor and Council Communication No. C- CH2M Hill, Inc. 20236 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering agreement with CH2M Hill, Inc., in the amount of $1,632,348.00 for the design of the Eagle Mountain Raw Water Intake and Pump Station Improvements. Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 15 of 17 C-20237 There was presented Mayor and Council Communication No. C- Kimley-Horn & 20237 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute an engineering agreement with Kimley-Horn & Associates, Inc., in the amount of $799,855.00 for the design of the Eagle Mountain Raw Water Transmission Pipeline. Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Budget Hearing It appeared that the City Council set today as the date for the hearing in connection with the proposed Fiscal Year 2004-2005 Appropriation Ordinance and Ad Valorem Tax Levy Ordinance. Bill Kramer Mr. Bill Kramer, 6421 Lansdale Road, representing the World Affairs Council, requested the City Council's favorable consideration of funding the World Affairs Council's grant request. Linda Lee Ms. Linda M. Lee, 1708 Clover Lane, Executive Director of the Texas Non-Profit Theater, appeared before Council and requested their favorable consideration of funding the theater's grant. She stated that Hotel and Motel Occupancy taxes could be a resource for funding the grant. Mayor Moncrief stated that the public hearing would remain open until Council adopted the budget. Second Public It appeared that the City Council set today as the date for a second Hearing for public hearing for the proposed voluntary full purpose annexation Proposed of approximately 68.32 acres of land located at the northwest Voluntary Full corner of Haltom-Bailey-Boswell Road and Park Road. Mayor Purpose Moncrief asked it there was anyone present desiring to be heard. Annexation of Approximately Ms. Allison Gray, representing the Development Department, 68.32 Acres appeared before Council and presented a staff report. Located at NW Corner of Mr. Chuck Stark, 1300 Summit Avenue #419, representing the Haltom-Bailey- applicant, appeared before Council in support of the annexation. Boswell Rd. and Park Rd. Council Member Stevenson requested that Mr. Stark meet with Bob (AX-04-007 Riley, Development Department Director, to discuss various Parks at Boat development elements of the annexation. Club) Chuck Stark CITY COUNCIL MEETING FORT WORTH, TEXAS AUGUST 24, 2004 PAGE 16 of 17 There being no one else present desiring to be heard in the second public hearing for the proposed voluntary full purpose annexation of approximately 68.32 acres of land located at the northwest corner of Haltom-Bailey-Boswell Road and Park Road, Council Member Stevenson made a motion, seconded by Council Member Silcox, that the public hearing be closed. The motion carried unanimously. Citizen Mr. Sal Espino, 4920 Robinson Street, representing the North Presentations Beverly Hills Neighborhood Association, appeared before Council Sal Espino relative to gang activities. He encouraged the Council to support Council Member Lane's efforts to fully staff and fund a Gang Unit and added that the key to success was to prevent gang activity. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:25 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) Herman "Clay" Smith v. City of Fort Worth, Cause No. 04-01-056; b) Rena Kirby Brown v. City of Fort Worth, Cause No. 48- 196032-02; c) Legal issues concerning City Secretary Contract No. 28344 with State, Metropolitan & County Services; d) Legal issues concerning the Southwest Parkway (S.H. 121 T); e) Legal issues concerning the regulation of sexually oriented businesses; 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 AUGUST 24, 2004 PAGE 17 of 17 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. 5. Deliberate personnel issues including possible personnel action concerning the City Manager in accordance with City Charter, Chapter V, Section 1 and appointment of an interim City Manager, and seek the advice of its attorneys concerning legal issues related to a proposed contract with Gary Jackson, in accordance with Sections 551.074 and Section 551.071 of the Local Government Code. Reconvened The City Council reconvened into regular session at 2:55 p.m. Appoint Interim Council Member Davis made a motion, seconded by Council City Manager Member Silcox, to appoint Assistant City Manager Charles Boswell as Interim City Manager. The motion carried unanimously. Personnel Mayor Moncrief stated that Item X5, Personnel Action Concerning Action on City the City Manager in Accordance with City Charter Chapter V, Manager Section 1, was withdrawn. Withdrawn Adjournment There being no further business, the meeting was adjourned at 2:57 p.m. These minutes approved by the Fort Worth City Council on the 31St day of August, 2004. Attest: Approve Marty MicKael . on f City Secretary Mayor