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HomeMy WebLinkAbout2004/09/28-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 Date & Time On the 28th day of September, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:25 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 Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; Interim City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Jim Lane was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Bill Bowers, Wedgewood Church of the Nazarene. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Council Member Picht, the minutes of the regular meeting of September 21, 2004, were approved unanimously. Special Ms. Claudia Wade, Ms. Fran Loyd, and Ms. Julia Campbell, Presentations representing the National Association of Women in Construction presented Ms. Catherine Simpson, Women's Business Assistance Center, with the 2003-2004 Community Service Award. (Council Member Lane assumed his chair at the dais.) Council Members Silcox and Davis presented a Proclamation for Active Aging Week to Tim Carter, President & CEO of United Way of Metropolitan Tarrant County. Council Members Davis and Silcox presented a Proclamation for Fit Future Day to Tim Carter, President & CEO of United Way of Metropolitan Tarrant County. Council Member Stevenson presented a Proclamation for Architecture Month to the representatives of the American Institute of Architects-Fort Worth Executive Board. Mayor Pro tempore McCloud presented a Proclamation for Human Resources Week to Lon Williams, President of the Fort Worth Human Resources Management. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 2 of 17 Announcements Council Member Davis expressed appreciation to City staff for representing the City so well at the District 9 Town Hall meeting on September 25, 2004. Council Member Haskin announced that on September 29, 2004 at 6:00 p.m., District 4 would have its second meeting on the Crime Control and Prevention District (CCPD), followed by a meeting on the Comprehensive Plan at 7:00 p.m., and then a meeting on Gas and Oil Drilling at 7:30 p.m. She added that the Cowtown Brush-Up would also be held October 2, 2004 at 8:00 a.m. at 2900 Wilkerson, for those individuals who do not have their own team. She further stated that on October 9, 2004, the City would have the Most Liveable City celebration from 11:00 a.m. to 9:00 p.m. at Gateway Park. She stated there would be food booths and entertainment and parking would be available at La Grave Field with The T providing transportation to and from the park. She also stated that the Handley Street Festival would be held the same day from 9:00 a.m. to 11:00 p.m. Council Member Picht stated that the District 6 CCPD meeting would be held October 14, 2004 at the Westcreek Elementary Auditorium at 6:30 p.m., followed by a District Town Hall meeting. Council Member Wheatfall expressed appreciation to everyone who attended the District 5 Summit and especially Sharon Armstrong for heading the Summit. He announced that the District 5 CCPD meeting would be held October 6, 2004 at the Dunbar High School Cafeteria at 7:00 p.m. Council Member Silcox stated that District 3 would hold its CCPD meeting October 11, 2004 at the Leonard Middle School Auditorium at 7:00 p.m. He added that anyone not having an opportunity to attend any of the CCPD meetings could contact David Garrett, at David.GarrettO-fortworthgov.org or at (817) 392-4241 and he would accept their input. Council Member Lane stated that through the efforts of Messers Sal Espino and Louis Zapata, the community could enjoy performances by mariachis for the next two Sundays at 7:00 p.m. in the plaza next to the Rose Marine Theater. He added that the performances were being held in conjunction with the City's Hispanic Heritage celebration. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 3 of 17 Council Member Stevenson thanked City staff and community residents who attended the Lake Como Park clean up September 25, 2004. He stated that staff provided excellent information to the residents. Mayor Moncrief stated that the Most Liveable City celebration would be a fun time for everyone and encouraged all neighborhoods to be involved in the celebration. He added that Lockheed would provide a fly-over by their joint base and there was also a joint effort with the Dallas Mavericks, who will be having their Fan Jam at the Daniel-Myers Coliseum. Mayor Moncrief added that buses would be available to transport people between events. Withdrawn from Interim City Manager Boswell requested that Mayor and Council Consent Agenda Communication No. L-13917 be withdrawn from the consent agenda. Council Member Silcox requested that Mayor and Council Communication No. C-20296 be withdrawn from the consent agenda. Council Member Wheatfall requested that Mayor and Council Communication No. G-14513 be withdrawn from the consent agenda. Continued/ Interim City Manager Boswell requested that Mayor and Council Withdrawn By Communication Nos. L-13917 and C-20313 be withdrawn and that Staff C-20289 be continued for one week. Consent Agenda On motion of Council Member Davis, seconded by Council Member Silcox, the consent agenda, as amended, was adopted unanimously. Presentations by Council Member Davis requested clarification on appointments to City Council the City's Scenic Preservation Commission. Council Member Appointments Haskin, chairman of the City's Government Neighborhood Resource Committee, explained that the members of the Zoning Commission serve in that capacity at the present time. Council Member Davis advised that she wanted to appoint an individual to serve on the Scenic Preservation Commission. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 4 of 17 Council Member Davis made a motion, seconded by Council Member Silcox, to appoint Laurie A. McCoy to Place 9 on the Scenic Preservation Commission effective September 28, 2004, and with a term expiring October 1, 2005. The motion carried unanimously. Ord. #16140 There was presented Ordinance No. 16140 providing for the Issue General issuance of the General Purpose Refunding Bonds, Series 2004, of Purpose the City of Fort Worth, Texas, in the aggregate principal amount of Refunding $35,400,000.00; approving the execution of a Bond Purchase Bonds, Series Agreement and an Escrow Agreement, and all other instruments 2004 related thereto; repealing all ordinances in conflict herewith. Interim City Manager Boswell stated that the refund bond amount needed to be amended to reflect an increase to the aggregate principal amount to be refunded to $46,230,000.00. Council Member Davis made a motion, seconded by Council Member Stevenson, that the ordinance be adopted as amended. The motion carried unanimously. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1443 There was presented Mayor and Council Communication No. OCS- Claims 1443 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-14513 There was presented Mayor and Council Communication No. G- Continued for 14513 from the City Manager recommending that the City Council One Week adopt an ordinance amending Article IV, Chapter 2 (Administration) of the Code of the City of Fort Worth (1986), as amended, by adding Division 2-A thereof and entitling such Division 2-A as "Budget and Management Services Department;" providing for the creation and operation of a Budget and Management Services Department. Council Member Wheatfall made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. G-14513 be continued for one week. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 5 of 17 G-14514 There was presented Mayor and Council Communication No. G- Close Old 14514 from the City Manager recommending that the City Council Burleson Road authorize the temporary closure of Old Burleson Road bridge Bridge south of Coin Road until May 2, 2005. It was the consensus of the City Council that the recommendation be adopted. G-14515 There was presented Mayor and Council Communication No. G- Memorandum of 14515 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a memorandum of U.S. Department agreement with the U.S. Department of Homeland Security Bureau of Homeland of Immigration and Customs Enforcement; and authorize the Security agreement to begin October 1, 2004, and expire September 30, Immigration and 2005, with up to four one-year options to renew. It was the Customs consensus of the City Council that the recommendation be Enforcement adopted. G-14516 There was presented Mayor and Council Communication No. G- Issue Heliport 14516 from the City Manager recommending that the City Council License to Cook authorize the City Manager to approve the issuance of a heliport Children's license to Cook Children's Medical Center, for the operation of a Medical Center heliport at the intersection of Pruitt Street and Seventh Avenue. It was the consensus of the City Council that the recommendation be adopted. G-14517 There was presented Mayor and Council Communication No. G- Issue Heliport 14517 from the City Manager recommending that the City Council License to Plaza authorize the City Manager to approve the issuance of a heliport Medical Center license to Plaza Medical Center of Fort Worth, for the operation of a of Fort Worth heliport at 900 Eighth Avenue. It was the consensus of the City Council that the recommendation be adopted. G-14518 There was presented Mayor and Council Communication No. G- Water 14518 from the City Manager recommending that the City Council Department approve the fee schedule for laboratory analyses for use by the Laboratory Fees Water Department Centralized Water and Wastewater Laboratory to recover costs for services provided to other entities, effective October 1, 2004. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 6 of 17 G-14519 There was presented Mayor and Council Communication No. G- Ord. #16141 14519 from the City Manager recommending that the City Council Wholesale adopt Ordinance No. 16141 amending Sections 35-56(g) and 35- Water, 56(h) of Chapter 35 of the Code of the City of Fort Worth (1986), as Wholesale amended, by revising and adding certain rates and charges Wastewater and providing an effective date of billing on or after November 1, 2004, Raw Water for usage flows from and after October 1, 2004. Council Member Service Rates Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. P-10018 There was presented Mayor and Council Communication No. P- Risk 10018 from the City Manager recommending that the City Council Management authorize the purchase of Risk Management Information Software Information (Stars Software license) from Marsh USA Inc., using the State of Software (Stars Texas CISV (Catalog Information Systems Vendor) contract Software provisions; authorize an initial contract period of three years License) (continually renewable through annual maintenance payments) with a total first year cost of $184,850.00; and authorize the maintenance agreement to begin October 1, 2005, (first year free) and expire September 30, 2007, with an annual cost of $28,900.00 for each of the two years. It was the consensus of the City Council that the recommendation be adopted. P-10019 There was presented Mayor and Council Communication No. P- Heavy-Duty 10019 from the City Manager recommending that the City Council Trash authorize the purchase of sixteen 40-yard containers and four 4- Containers and yard stationary compactors from Wastequip May Fab and Kee Trash Service Company for the Environmental Management Department Compactors based on the low bid received per line item, for an amount not to exceed $143,212.00, with shipping cost included in the unit prices, and with payment due 30 days after date of invoice. It was the consensus of the City Council that the recommendation be adopted. L-13914 There was presented Mayor and Council Communication No. L- Permanent 13914 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement Easement described as portion of the A. Castillo Survey, Abstract No. 272, from CL Texas L.P., for property located south of Risinger Road and west of Tangleridge Drive in Southwest Fort Worth (DOE 4178), needed for the construction, installation, reconstruction, operation and maintenance of drainage facilities to serve the Summer Creek Ranch development for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 7 of 17 L-13915 There was presented Mayor and Council Communication No. L- Permanent 13915 from the City Manager recommending that the City Council Waterline approve the acceptance of one permanent waterline easement Easement described as part of A-999, William McCowan Survey, Tarrant County, Texas from Ellesmere Investment Corporation for property located along North Tarrant Parkway east of IH 35W (DOE 3748), needed for the development of North Tarrant Parkway for cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13916 There was presented Mayor and Council Communication No. L- Permanent 13916 from the City Manager recommending that the City Council Sanitary Sewer declare the necessity of taking an interest in a parcel of land Easement owned by Lee Bass, Trustee (DOE 4159); J. Johnson and C.K. Gleason Surveys, Abstract No.'s 871 and 559, Tarrant County, Texas; for one permanent sanitary sewer easement, and authorize the City Attorney to institute condemnation proceedings to acquire an interest in the land. It was the consensus of the City Council that the recommendation be adopted. L-13917 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. L-13917, Authorize the Sale of Tax-Foreclosed Surplus Property at 0 North Freeway as Allowed by the Texas Property Tax Code Section 34.05 (DOE 920), be withdrawn. L-13918 There was presented Mayor and Council Communication No. L- Detention Pond 13918 from the City Manager recommending that the City Council Maintenance approve the acceptance of a detention pond maintenance Agreement agreement from Ten Mile Bridge LP for property located in West Fort Worth for various property owners in the Pinion Park Subdivision Development Project (DOE 4201), necessary to limit storm water run-off generated in the subdivision to pre-developed conditions to reduce the possibility of flooding to residents downstream of the watershed for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13919 There was presented Mayor and Council Communication No. L- Permanent 13919 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of three permanent sanitary sewer Easements and easements and three temporary construction easements described Temporary as portion of the F.G. Mulliken Survey, Abstract 1045, Tarrant Construction County Texas, from Tarrant Regional Water District for property Easements located west of Samuels Avenue and south of Poindexter north of the Central Business District (DOE 4296), necessary for the CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 8 of 17 construction, operation, maintenance and repair of the sanitary sewer main M-63 for a total cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. L-13920 There was presented Mayor and Council Communication No. L- Permanent 13920 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easements easements described as Block 1, Eastchase Substation Addition, and part of A-1446, John Smith Survey, Tarrant County, Texas from TXU Electric Delivery Company, for property located in East Fort Worth for the construction of Main 244A-Parallel Relief Sewer (DOE 3295), for a total cost of $20.00. It was the consensus of the City Council that the recommendation be adopted. L-13921 There was presented Mayor and Council Communication No. L- Extend Option 13921 from the City Manager recommending that the City Council Agreement and approve the sale of the tax-foreclosed property through an option Reauthorize Sale agreement to Greater Mount Tabor Christian Center in accordance of Tax- with Section 34.05 of the Texas Tax Code; authorize the City Foreclosed Manager to amend the option agreement that extends the option Property to period and amends the zoning requirements, once approved by all Mount Tabor the taxing entities that were a party to the judgment; and Christian Center authorized the City Manager, if the terms of the option agreement are satisfied, to execute an appropriate deed conveying the property to Greater Mount Tabor Christian Center, and record the deed. Interim City Manager Boswell stated that the first line of Recommendation 2 on the M&C needed to be amended to add "for 12 months" after "...period". Council Member Wheatfall made a motion, seconded by Council Member Lane, that Mayor and Council Communication No. L-13921 be adopted as amended. The motion carried unanimously. Council Member Wheatfall expressed appreciation to the Greater Mount Tabor Christian Center for this project. He added the project would bring economic redevelopment to the inner-City. C-20289 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-20289, dated September 21, 2004, Authorize One Week Execution of an Economic Development Program Agreement with Pennsylvania Avenue L.P., for the Magnolia Green Development Project Located at the Southwest Intersection of Hemphill Street CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 9 of 17 and West Rosedale Street and Adopt Related Appropriations Ordinance, be continued for one week. C-20294 There was presented Mayor and Council Communication No. C- Delayed Until 20294, dated September 21, 2004, from the City Manager After Executive recommending that the City Council authorize the City Manager to Session issue a $749,000.00 amendment to the consultant agreement with Stanley Love-Stanley, P.C. for architectural design and construction phase services related to the Evans and Rosedale Business and Cultural District project; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $749,000.00, subject to receipt of the Section 108 Loan from the U.S. Department of Housing and Urban Development, for the purpose of funding an amendment to a Consultant Agreement with Stanley Love-Stanley, P.C., for Phase II of an Architectural Design and Construction Services related to the Evans and Rosedale Business and Cultural District Project. The following individuals appeared before Council in support of the development agreement: Mr. Francisco Hernandez 2108 Alston Avenue Mr. Glenn S. Forbes 1150 S. Freeway, Suite 148 Mayor Pro tempore McCloud stated that action on this item would be deferred until after the Executive Session. C-20295 There was presented Mayor and Council Communication No. C- HEP Oil 20295 from the City Manager recommending that the City Council Company, Ltd. authorize the City Manager to execute a Public Right-of-Way Use Agreement with HEP Oil Company, Ltd., (HEP) that grants HEP a license to use certain streets and public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas gathering system. It was the consensus of the City Council that the recommendation be adopted. C-20296 There was presented Mayor and Council Communication No. C- Ord. #16142 20296 from the City Manager recommending that the City Council Arts Council of authorize the transfer of $574,443.00 from the Water and Sewer Fort Worth and Operating Fund for FY2003-04 to the Specially Funded Capital Tarrant County Projects Fund; adopt Appropriation Ordinance No. 16142 increasing estimated receipts and appropriations in the Specially Funded Capital Project Fund in the amount of $574,443.00 from available funds, for the purpose of funding Public Art and a CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 10 of 17 Professional Services Contract with the Arts Council of Fort Worth and Tarrant County for Management of the Fort Worth Public Art Program; and authorize the City Manager to execute a professional services contract in the amount of $248,538.00 with the Arts Council of Fort Worth and Tarrant County for a period of one year for management of the City's Public Art Program. Council Member Silcox expressed concern with the amount of increase in funding for the public art program and he requested that quarterly reports be provided on how this funding is being expended starting now and thorough out the entire program. He indicated he was concerned with the funding being used for administrative costs rather than put in the program for improving the arts. Interim City Manager Boswell indicated that the quarterly reports would be provided to the Council. Council Member Picht also expressed his concerns with this program as it relates to how his district will not benefit from this program and his concerns for the expenditures of the funds. Council Member Davis made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. C- 20296 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 Lane stepped away from the dais.) C-20297 There was presented Mayor and Council Communication No. C- West Fork 20297 from the City Manager recommending that the City Council Pipeline authorize the City Manager to execute a Public Right-of-Way Use Company, LP Agreement with West Fork Pipeline Company, LP (West Fork) that grants West Fork license to use certain streets and other public right-of-way, of the City of Fort Worth, for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 11 of 17 C-20298 There was presented Mayor and Council Communication No. C- Harris Methodist 20298 from the City Manager recommending that the City Council Fort Worth authorize the City Manager to execute an Encroachment Agreement with Harris Methodist Fort Worth authorizing use of the right-of-way for conduits under Terrell Street, just east of Lake Street. It was the consensus of the City Council that the recommendation be adopted. C-20299 There was presented Mayor and Council Communication No. C- Amendment #3 20299 from the City Manager recommending that the City Council to CSC #27835, authorize the City Manager to execute Amendment No. 3 to City Freese and Secretary Contract No. 27835 with Freese and Nichols, Inc., in the Nichols, Inc. amount of $182,336.00, thereby increasing the total contract amount to $1,248,839.15. It was the consensus of the City Council that the recommendation be adopted. C-20300 There was presented Mayor and Council Communication No. C- Monroe Street 20300 from the City Manager recommending that the City Council Professional authorize a lease with Monroe Street Professional Building, Limited Building, Limited for office space located at 900 Monroe Street for the Engineering Department; and authorize the City Manager to execute the appropriate lease. It was the consensus of the City Council that the recommendation be adopted. C-20301 There was presented Mayor and Council Communication No. C- Amend CSC#s 20301 from the City Manager recommending that the City Council 28047 and authorize the City Manager to execute addendums to the interlocal 28048, U.S. agreements with the Drug Enforcement Agency (DEA)/Multi- Department of Agency and DEA Dallas/Fort Worth Airport Task Forces; and Justice, Drug authorize the agreement to begin September 30, 2004, and expire Enforcement September 30, 2005. It was the consensus of the City Council that Administration the recommendation be adopted. C-20302 There was presented Mayor and Council Communication No. C- Ord. #16143 20302 from the City Manager recommending that the City Council Amend CSC authorize the City Manager to execute an amendment to City #29063, Texas Secretary Contract Number 29063 with the Texas Commission on Commission on Environmental Quality for the air pollution control services. The Environmental amendment amount is $3,463.00 which increases the contract Quality amount from $549,100.00 to $552,563.00; authorize the use of $136,932.00 from the General Fund as an in-kind match for this contract which is an increase of $1,706.00 over the previously approved amount; adopt Appropriation Ordinance No. 16143 increasing estimated receipts and appropriations in the Grants CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 12 of 17 Fund in the amount of $5,169.00 subject to execution of the amended contract (City Secretary Contract Number 29063) with Texas Commission on Environmental Quality for the purpose of funding Air Pollution Control Services; and apply indirect cost using the most recently approved rate of 17.72 percent for the Environmental Management Department, not to exceed $36,415.00 for FY 2004-05 which is included in the contract amount of $552,563.00. It was the consensus of the City Council that the recommendation be adopted. C-20303 There was presented Mayor and Council Communication No. C- Department of 20303 from the City Manager recommending that the City Council the Army, Fort authorize the City Manager to execute a Right-of-Entry Agreement Worth District, with the Department of the Army, Fort Worth District, Corps of Corps of Engineers for Environmental Assessment and Response at the Engineers Greenbriar Community Center and Park located at 5200 Hemphill Street in Fort Worth. This agreement shall begin upon execution and expire after 24 months. It was the consensus of the City Council that the recommendation be adopted. C-20304 There was presented Mayor and Council Communication No. C- Various 20304 from the City Manager recommending that the City Council Municipalities/ authorize the City Manager to execute interlocal agreements with Entities various municipalities/entities for their participation at the Environmental Collection Center. It was the consensus of the City Council that the recommendation be adopted. C-20305 There was presented Mayor and Council Communication No. C- Renewal of CSC 20305 from the City Manager recommending that the City Council #23530, Texas authorize the City Manager to renew City Secretary Contract No. Jet, Inc. 23530 with Texas Jet, Inc., which has requested to exercise its option to renew the contract for a five-year term. It was the consensus of the City Council that the recommendation be adopted. C-20306 There was presented Mayor and Council Communication No. C- Ord. #16144 20306 from the City Manager recommending that the City Council Fort Worth authorize the City Manager to enter into agreement with the Fort Independent Worth Independent School District for the After School Program at School District Como Elementary School for the 2004-05 school year; and adopt Appropriation Ordinance No. 16144 increasing estimated receipts and appropriations in the General Fund in the amount of $48,970.00 subject to receipt of the funds from the Fort Worth Independent School District, for the purpose of funding an After-School Program at Como Elementary School. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 13 of 17 C-20307 There was presented Mayor and Council Communication No. C- Fort Worth 20307 from the City Manager recommending that the City Council Independent authorize the City Manager to execute an agreement with Fort School District Worth Independent School District Adult Education Center for the Adult Education use of designated space at the Southside Community Center, 959 Center E. Rosedale, Fort Worth, Texas 76104. It was the consensus of the City Council that the recommendation be adopted. C-20308 There was presented Mayor and Council Communication No. C- Tarrant County 20308 from the City Manager recommending that the City Council Hospital District authorize the City Manager to execute a lease agreement with the Tarrant County Hospital District to lease space in the Northside, North Tri-Ethnic, Andrew "Doc" Sessions, and Worth Heights Community Centers to operate health clinics. It was the consensus of the City Council that the recommendation be adopted. C-20309 There was presented Mayor and Council Communication No. C- United Riverside 20309 from the City Manager recommending that the City Council Rebuilding reallocate HOME-Community Housing Development Organization Corporation (CHDO) set aside funds; authorize the City Manager to execute a contract not to exceed $250,000.00, in HOME-CHDO set aside funds with United Riverside Rebuilding Corporation (URRC) for a 10-unit senior housing rental project for low-income senior citizens in the Riverside Neighborhood Empowerment Zone; authorize the contract performance and funding with URRC to allow the completion of 10 units to be constructed in four phases; authorize the contract performance period to begin on the date of contract execution and end eighteen months thereafter; authorize the extension or renewal of the contract for up to one year, if URRC requests an extension and is not in default under the terms of the contracts; authorize the City Manager to amend the contract if necessary to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations; and authorize the URRC to retain $110,000.00 in CHDO proceeds to fund future projects as defined by 24 CFR Section 92.300(a)(2) of the HOME Investment Partnership Program and in conformance with the City's Policy. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 14 of 17 C-20310 There was presented Mayor and Council Communication No. C- Fort Worth 20310 from the City Manager recommending that the City Council Independent authorize City Manager to execute an agreement with the Fort School District Worth Independent School to operate the Fort Worth After-School Program at selected schools as a juvenile crime prevention measure. Council Members Picht and Wheatfall stated that a meeting needed to be held with the Council and Fort Worth Independent School District Board members to address concerns with the funding of this program. (Council Member Lane returned to his chair at the dais.) Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20311 There was presented Mayor and Council Communication No. C- THMC, L.P., a 20311 from the City Manager recommending that the City Council Texas Limited authorize the City Manager to execute a Community Facilities Partnership Agreement with THMC Management, L.P., a Texas Limited Partnership by THMC Management, L.L.C., General Partner, for construction of water and sewer facilities to serve Montserrat, a development located in west Fort Worth. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-20312 There was presented Mayor and Council Communication No. C- Ord. #16145 20312 from the City Manager recommending that the City Council Independent adopt Appropriation Ordinance No. 16145 increasing estimated Environmental receipts and appropriations in the Solid Waste Fund by $150,000.00 Services of and decreasing the unreserved retained earnings by the same Texas, Inc. amount, for the purpose of funding a contract with Independent Environmental Services of Texas, Inc., to provide Supplemental Brush and Bulky Collection Services; and approve the execution of a contract with Independent Environmental Services of Texas, Inc., to provide supplemental brush and bulky collection services from September 29, 2004 through October 31, 2004 for a total cost not to exceed $150,000.00. Several Council Members expressed concern with the vagueness of the ordinance and M&C and asked staff for clarification. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 15 of 17 Assistant City Manager Libby Watson and Brian Boerner, Environmental Management Department Director, stated that the contract would help with the backlog of brush and bulky waste. They provided an explanation of the pickup schedule and the timeline involved. (Council Member Haskin stepped away from the dais.) After a lengthy conversation amongst staff and the Council, the following action was taken. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20313 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20313, Appropriation Ordinance and Award of Contract to Trinity Waste Services, Inc., for Supplemental Brush and Bulky Waste Collection Services, be withdrawn. Citizen Mr. Ken Noveroske, 3232 Townsend Drive, appeared before Presentations Council and asked for the City's assistance in resolving a problem Ken Noveroske with Charter Communications. Mayor Moncrief asked Mr. Noveroske to meet with City staff after the meeting adjourned. Sharon Ms. Sharon Armstrong, 4605 Virgil Street, appeared before Council Armstrong and expressed appreciation to District 5 residents who attended the District 5 Summit. She challenged the Council to visit the area and added that anyone wanting to be a part of the initiative to come out. She added that the trash situation was bad in the Highland Hills and Stop Six areas and expressed concern that senior citizens could not afford their medications because of increased charges and citations charges added to their water bills. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:50 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 SEPTEMBER 28, 2004 PAGE 16 of 17 a) Legal issues concerning Waste Management of Texas, Inc. property at the 3700 block of Linkcrest Drive; b) Legal issues concerning the City's community facilities agreement policies; c) Legal issues concerning the regulation of handbills and other commercial solicitation; d) Fort Worth Citizens for Responsible Government v. City of Fort Worth, Cabela's Retail TX, L.P., et al., Cause No. 96-207813-04; e) 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 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; and 5. Deliberate issues concerning the appointment of a City Manager in accordance with Section 551.074 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:07 p.m. with Council Member Haskin absent. C-20294 There was presented Mayor and Council Communication No. C- Ord. #16146 20294, dated September 21, 2004, from the City Manager Stanley Love- recommending that the City Council authorize the City Manager to Stanley, P.C. issue a $749,000.00 amendment to the consultant agreement with Stanley Love-Stanley, P.C. for architectural design and construction phase services related to the Evans and Rosedale CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 28, 2004 PAGE 17 of 17 Business and Cultural District project; and adopt Appropriation Ordinance No. 16146 increasing estimated receipts and appropriations in the Grants Fund in the amount of $749,000.00, subject to receipt of the Section 108 Loan from the U.S. Department of Housing and Urban Development, for the purpose of funding an amendment to a Consultant Agreement with Stanley Love-Stanley, P.C., for Phase II of an Architectural Design and Construction Services related to the Evans and Rosedale Business and Cultural District Project. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Haskin Adjournment There being no further business, the meeting was adjourned at 1:08 p.m. These minutes approved by the Fort Worth City Council on the 5th day of October, 2004. Attest: Approved: t Marty Hend x Michae J. M crief City Secretary Mayor