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HomeMy WebLinkAbout2004/10/05-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 Date & Time On the 5t" day of October, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:05 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, Donavan Wheatfall, John Stevenson, and Wendy Davis; Interim City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Clyde Picht was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. Joseph LaRue, Living Word Fellowship Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Davis, the minutes of the regular meeting of September 28, 2004, were approved unanimously. Special Mayor Pro tempore McCloud presented a Certificate of Recognition Presentations to Mr. Jungus F. Jordan for his service while a member of the City Zoning Commission. Mayor Moncrief recognized Boy Scouts and their Troop Leaders from Troop 499, Longhorn Council, Trinity Trail District, in the audience. The Boy Scouts attended the meeting working towards their Citizenship in the Community and Citizenship Merit Badges. Each member was presented with a City pin. Council Member Davis presented a Proclamation for Communities in Motion Day to Ms. Nancy Amos, Vice President of The "T". Council Member Haskin presented a Proclamation for Dental Hygiene Month to Ms. Nancy G. Garnett, Trustee of the Greater Fort Worth Dental Hygienists' Society. Mayor Pro tempore McCloud presented a Proclamation for Disability Awareness Month to Ms. Judy Bland, Interim Chair for the Mayor's Committee on Persons with Disabilities. Announcements Council Member Haskin reminded everyone that on October 9, 2004 the City would have the Most Liveable City celebration at Gateway Park from 9:00 a.m. to 11:00 p.m. She added that The "T" CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 2 of 22 would provide transportation to and from the celebration from LaGrave Field. She further stated that the Handley Street Festival would be held on the same day from noon to 11:00 p.m. Mayor Moncrief stated as part of the Most Liveable City celebration, an F-16 aircraft from Lockheed would perform a fly- over at the park. Council Member Silcox stated he had received a letter from Alan Edmonds from Boy Scout Troop 17, sponsored by Saint Stephens Presbyterian Church. The letter reflected that Drew Edmonds, a Paschal High School Honor Graduate, had achieved the rank of Eagle Scout. Council Member Silcox extended congratulations from the Council to Drew for his achievement. Council Member Wheatfall announced that the District 5 Crime Control and Prevention District (CCPD) meeting and Town Hall Forum would be held October 9, 2004, 7:00 p.m., at the Dunbar High School Cafeteria. Council Member Silcox advised the listening and viewing audience that the purpose of the CCPD meetings was to receive citizen input. He added that the Council's focus was to hear what citizens wanted to have included in the CCPD, not to answer questions on concerns in other areas. Council Member Lane announced that as part of Hispanic Heritage Month Celebration on October 10, 2004 at 7:00 p.m., the last free concert by mariachis at the Rose Marine Theater Plaza would be held. He added that the Plaza was located on the 1400 block of North Main and invited everyone to go out and enjoy the concert. Mayor Pro tempore McCloud announced that on October 14, 2004 at the Bethlehem United Community Center, 970 E. Humbolt Street, District 8 would conduct a Community Meeting at 5:30 p.m. to discuss concerns and issues regarding City services. He stated that staff from Code Compliance, Community Relations, Environmental Management, and Police would be present to respond to concerns. He further stated that invitations to this meeting were sent to the following targeted neighborhood associations, but that anyone could attend: Glenwood Triangle, Historic Southside, Hillside Morningside, Morningside, Vicki Lane Bowie Street, Mitchell Boulevard, and West Morningside. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 3 of 22 Mayor Moncrief announced that the Dallas Mavericks would have their Fan Jam at the Daniel-Myers Coliseum on the same day as the Most Liveable City celebration. He 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 Nos. L-13927 and L-13932 be withdrawn from the consent agenda. Continued/ Interim City Manager Boswell requested that Mayor and Council Withdrawn By Communication Nos. L-13927 and L-13932 be continued for one Staff week, and that C-20289 be withdrawn. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda, as amended, was adopted unanimously. Presentations by There were no changes presented by the City Council in City Council memberships on City's boards and commissions. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1444 There was presented Mayor and Council Communication No. OCS- Claims 1444 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- Ord. #16147 14513, dated September 28, 2004, from the City Manager Establish recommending that the City Council adopt Ordinance No. 16147 Creation, Duties amending Article IV, Chapter 2 (Administration) of the Code of the and City of Fort Worth (1986), as amended, by adding Division 2-A Organization of thereof and entitling such Division 2-A as "Budget and Budget and Management Services Department;" providing for the creation and Management operation of a Budget and Management Services Department. Services Council Member Wheatfall made a motion, seconded by Council Department Member Stevenson, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 4 of 22 G-14520 There was presented Mayor and Council Communication No. G- Ord. #16148 14520 from the City Manager recommending that the City Council Delete Section adopt Ordinance No. 16148 amending Chapter 23, "Offenses and 23-18 of City Miscellaneous Provisions" of the Code of the City of Fort Worth Code, "Sexually (1986), as amended, by deleting Section 23-18, "Sexually Oriented Oriented Business Offenses." It was the consensus of the City Council that Business the recommendation be adopted. Offenses" G-14521 There was presented Mayor and Council Communication No. G- Res. #3129 14521 from the City Manager recommending that the City Council Increase adopt Resolution No. 3129 authorizing the maximum amount to be Maximum paid to Steve Howell of Howell, Dorman, Loyd & Sams for the Amount to be representation of Officer Stephanie Carnes in the lawsuit entitled Paid to Steve Natalie Pilz v. Stephanie Carnes and City of Fort Worth, Cause No. Howell for 96-196918-03, be increased to $30,000.00. It was the consensus of Lawsuit the City Council that the recommendation be adopted. G-14522 There was presented Mayor and Council Communication No. G- Ord. #16149 14522 from the City Manager recommending that the City Council Accept Annual accept the annual allocation payment from the Law Enforcement Allocation Officer Standards and Education program in the amount of Payment for Law $98,312.84; and adopt Appropriation Ordinance No. 16149 Enforcement increasing estimated receipts and appropriations in the Special Officer Trust Fund, Law Enforcement Officer Standards and Education Standards and Funds in the amount of $98,312.84 from the Texas Comptroller of Education Public Accounts for the purpose of funding continuing education Program and training for the Police Department. It was the consensus of the City Council that the recommendation be adopted. G-14523 There was presented Mayor and Council Communication No. G- Ord. #16150 14523 from the City Manager recommending that the City Council Purchase Gang adopt Supplemental Appropriation Ordinance No. 16150 increasing Unit and Crime appropriations in the Federal Awarded Assets Fund in the amount Response Team of $34,519.00 from available funds, for the purpose of funding the Equipment purchase of equipment for the Gang Unit and Crime Response Teams in the Police Department. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 5 of 22 G-14524 There was presented Mayor and Council Communication No. G- Ord. #16151 14524 from the City Manager recommending that the City Council Apply and authorize the City Manager to apply for and accept if awarded, a Accept FY2004 one-year grant from the Department of Homeland Security/Federal Fire Prevention Emergency Management Agency's FY 2004 Fire Prevention and and Safety Grant Safety Grant Program; authorize the transfer of $2,100.00 as from Department required for the City's 30 percent match from the General Fund to of Homeland the Grants Fund; and adopt Appropriation Ordinance No. 16151 Security/Federal increasing estimated receipts and appropriations in the Grants Emergency Fund in the amount of $7,000.00 subject to receipt of the grant from Management the Federal Emergency Management Agency, Department of Agency Homeland Security, for the purpose of funding the Fire Prevention' and Safety Grant Program. It was the consensus of the City Council that the recommendation be adopted. G-14525 There was presented Mayor and Council Communication No. G- Ord. #16152 14525 from the City Manager recommending that the City Council TSTI Firefighter accept funds from Tarrant County College in the amount of Apprenticeship $4,000.00; and adopt Appropriation Ordinance No. 16152 Program increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $4,000.00 from available funds for the purpose of funding the TSTI Firefighter Apprenticeship Program. It was the consensus of the City Council that the recommendation be adopted. G-14526 There was presented Mayor and Council Communication No. G- Res. #3130 14526 from the City Manager recommending that the City Council File Lawsuit authorize the City Attorney to file a lawsuit pursuant to Chapter 54 against Timon D. of the Texas Local Government Code against Timon D. White, the White Pursuant manager of the daily operations of the property located at 3801 to Chapter 54, North Commerce, Fort Worth, Texas; and adopt Resolution No. Texas Local 3130 authorizing the City Attorney to file a lawsuit against Timon D. Government White pursuant to Chapter 54 of the Texas Local Government Code Code. It was the consensus of the City Council that the recommendation be adopted. G-14527 There was presented Mayor and Council Communication No. G- Ord. #16153 14527 from the City Manager recommending that the City Council Establish Gas adopt Ordinance No. 16153 amending the Code of Ordinances of Well Permit and the City of Fort Worth, by adding Article III to Chapter 15, "Gas", Filing Fees to entitled, "Gas Drilling and Production Fees", establishing fees for Fund Permitting, the issuance of gas well permits, transfer of operators, site Inspection, inspection and annual well fees; amending Section 15-35, "Gas Maintenance Well Permit Application and Filing Fees" to revise Subsection B to and Research of refer to the fees listed in Article III; and amending Section 15-35 of Gas Wells Chapter 15 to delete the fee of $1,500.00 and add language CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 6 of 22 referring to the fees listed in Section 15-49 "Gas Well Fees" of Article III. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14528 There was presented Mayor and Council Communication No. G- Accept Museum 14528 from the City Manager recommending that the City Council Quality Historic accept 50 museum quality photographs of the inaugural drive of Photographs of the Fort Worth Herd, known as The Herd Photograph Collection. Inaugural Drive Council Member Haskin made a motion, seconded by Council of Fort Worth Member Lane, that the recommendation be adopted with Herd appreciation. The motion carried unanimously. Photography Collection Mayor Moncrief expressed appreciation to Council Member Lane for having the vision to have the inaugural drive photographically recorded. He requested that the Promotional Fund reimburse Council Member Lane for photography expenses. Council Member Lane recognized Acting Assistant City Manager Richard Zavala for putting the inaugural program together in the Parks and Community Services Department. He added that the residents of Fort Worth would be able to see the collection in January 2005. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the following Mayor and Council Communication Nos. be adopted by one motion as they all related to expenditures in the Crime Control and Prevention District budget. Lee Jackson Mr. Lee Jackson, President of the Fort Worth Police Officers' Association, appeared before Council in support of these issues. G-14529 There was presented Mayor and Council Communication No. G- Amend FY2005 14529 from the City Manager recommending that the City Council Crime Control authorize the City Manager to submit to the Crime Control and and Prevention Prevention District (CCPD) Board of Directors an amendment to the District Budget— FY2005 CCPD budget to allocate funding for Code Blue equipment, Code Blue supplies and personnel costs. Program CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 7 of 22 G-14530 There was presented Mayor and Council Communication No. G- Submit Budget 14530 from the City Manager recommending that the City Council Amendment to authorize the City Manager to submit a budget amendment to the CCPD Board of Crime Control and Prevention District (CCPD) Board of Directors in Directors to the amount of $60,000.00 to fund a needs assessment review of the Fund Needs requirements of a new Fort Worth Police Department Crime Lab Assessment for Facility. Police Dept. Crime Lab G-14531 There was presented Mayor and Council Communication No. G- Amend FY2005 14531 from the City Manager recommending that the City Council Crime Control authorize the City Manager to submit to the Crime Control and and Prevention Prevention District (CCPD) Board of Directors an amendment of District Budget— $243,842.00 to the FY2005 CCPD budget to allocate funding for the Taser Expansion expansion of Taser equipment to field personnel in the Police Program Department and the City Marshal's Office. The motion carried unanimously. G-14532 There was presented Mayor and Council Communication No. G- Adopt FY2004- 14532 from the City Manager recommending that the City Council 2005 Schedule adopt the proposed Fiscal Year 2004-2005 Schedule of Rates and of Rates and Charges for the City of Fort Worth airports. Council Member Davis Charges for City made a motion, seconded by Council Member Silcox, that the of Fort Worth recommendation be adopted. The motion carried unanimously. Airports G-14533 There was presented Mayor and Council Communication No. G- Ord. #16154 14533 from the City Manager recommending that the City Council Amend Retail adopt the Ordinance No. 16154 amending Sections 35-56(b), 35- Water and 56(c), and 35-56(d) of Chapter 35 of the Code of the City of Fort Wastewater Worth (1986), as amended, by revising and adding certain rates Rates and charges; repealing all ordinances and provisions of the Fort Worth City Code in conflict herewith; providing an effective date of billing on or after January 1, 2005. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on designating Tax Abatement Reinvestment Zone No. 50, City of Fort Worth, Texas. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 8 of 22 Ms. Ardina Washington, representing the Economic and Community Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14534 as follows: G-14534 There was presented Mayor and Council Communication No. G- Ord. #16155 14534 from the City Manager recommending that the City Council Designate Tax hold a public hearing concerning the designation of Tax Abatement Abatement Reinvestment Zone No. 50, City of Fort Worth, Texas; and adopt Reinvestment Ordinance No. 16155 designating a certain area in the City of Fort Zone #50 Worth as "Tax Abatement Reinvestment Zone Number Fifty, City of Fort Worth, Texas pursuant to and in accordance with Chapter 312 of the Texas Tax Code." There being no one present desiring to be heard in connection with the public hearing on Tax Abatement Reinvestment Zone No. 50, Council Member Wheatfall made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and Mayor and Council Communication No. G-14534 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 Member Silcox ABSENT: Council Member Picht P-10020 There was presented Mayor and Council Communication No. P- Vehicle Lease 10020 from the City Manager recommending that the City Council and Rentals authorize purchase agreements for vehicle lease and rentals with multiple vendors for the City of Fort Worth based upon the "best value" for Category No. 1, Enterprise Rent A Car and Category No. 2, Advantage Rent A Car. Payment is due 30 days from date the invoice is received; authorize this agreement to begin October 5, 2004 and expire on October 4, 2005, with options to renew for four additional one-year periods; and authorize the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Texas Government Code, Section 791, "The Interlocal Cooperation Act." It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 9 of 22 P-10021 There was presented Mayor and Council Communication No. P- Temporary 10021 from the City Manager recommending that the City Council Employment authorize a purchase agreement for temporary employment Services for services for parking attendants and cashiers with PDQ Parking Temporaries for the Public Events Department based on "best Attendants and value" with payment due 30 days from the date of the invoice; Cashiers authorize this agreement to begin October 5, 2004 and expire on October 4, 2005, with options to renew for two additional one-year periods; and authorize the City Manager to execute an Interlocal Agreement 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-10022 There was presented Mayor and Council Communication No. P- Printing 10022 from the City Manager recommending that the City Council Services approve the purchase of printing services from Cockerell Printing Company for door hangtags for the Environmental Management Department's Solid Waste Division at a cost not to exceed $30,285.00. It was the consensus of the City Council that the recommendation be adopted. L-13922 There was presented Mayor and Council Communication No. L- Temporary 13922 from the City Manager recommending that the City Council Drainage approve the acceptance of one temporary drainage easement Easement described as portion of the Milly Gilbert Survey, Abstract No. 585, Tarrant County, Texas from Bank One, NA, Independent Executor of the Estate of Martha Sue Parr, for property located west of 1-35W and north of Basswood Boulevard in far North Fort Worth (DOE 4356), necessary for the construction, operation, maintenance and repair of drainage facilities to serve Basswood Village Phase 11, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13923 There was presented Mayor and Council Communication No. L- Permanent 13923 from the City Manager recommending that the City Council Sanitary Sewer declare the necessity of taking an interest in a portion of a parcel Easement of land, described as the Brown Tract, Abstract No. 913, Tarrant County, Texas owned by William M. Brown Family Ranching Operations, L.P. (DOE 4162), for one permanent sanitary sewer easement required to provide sanitary sewer service to the Walsh Ranch Addition and surrounding area south of Mary's Creek, 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. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 10 of 22 L-13924 There was presented Mayor and Council Communication No. L- Permanent 13924 from the City Manager recommending that the City Council Waterline approve the acceptance of one permanent waterline easement and Easement and one permanent sanitary sewer easement described as part of A- Permanent 1497, Benjamin Thomas Survey, Tarrant County, Texas, from Sanitary Sewer Chapel Hill Venture, L.L.L.P. for property located south of Bonds Easement Ranch Road and west of Business 287 (DOE 4325), needed for future development and water and sanitary sewer service for the Chapel Hills Subdivision, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13925 There was presented Mayor and Council Communication No. L- Permanent 13925 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of one permanent sanitary sewer easement Easement and and one temporary construction easement described as part of Lot Temporary 1, Block 1, Glen Gidel Subdivision, Tarrant County, Texas from Construction Glen and Linda Gidel located in East Fort Worth for the Easement construction of Main 244A-Parallel Relief Sewer (DOE 3295), for a total cost $9,400.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13926 There was presented Mayor and Council Communication No. L- Sale of Tax- 13926 from the City Manager recommending that the City Council Foreclosed approve the sale of five surplus tax-foreclosed properties to Fort Properties to Worth Housing Finance Corporation in accordance with Ordinance Fort Worth No. 13533; and authorize the City Manager to execute the Housing Finance appropriate deeds, conveying the properties to Fort Worth Housing Corporation Finance Corporation and record the deeds. It was the consensus of the City Council that the recommendation be adopted. L-13927 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L-13927, Condemnation of One Permanent One Week Sanitary Sewer Easement on a Parcel of Land Owned by Lee Bass, Trustee (DOE 4159), be continued for one week to the October 12, 2004 Council Meeting. L-13928 There was presented Mayor and Council Communication No. L- Permanent 13928 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as portion of the J.W. Haynes Survey, Abstract No. 781, Tarrant County, Texas from Pulte Homes of Texas, L.P. for property located north of Risinger Road and east of McCart Avenue in South Fort Worth (DOE 4317), necessary for the CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 11 of 22 construction, operation, maintenance and repair of sanitary sewer facilities to serve Meadow Creek South, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13929 There was presented Mayor and Council Communication No. L- Sale of Tax- 13929 from the City Manager recommending that the City Council Foreclosed approve the sale of tax-foreclosed surplus property as allowed by Surplus Located the Texas Property Tax Code Section 34.05 (DOE 920), located at at 1235 East 1235 East Terrell Avenue, Block 1, Lot 9, W.L. Ligon Subdivision, to Terrell Avenue Near Southeast Community Development Corporation, Inc. for the total amount of $12,142.00; and authorize the City Manager to execute the appropriate deed document conveying the property to complete the sale. It was the consensus of the City Council that the recommendation be adopted. L-13930 There was presented Mayor and Council Communication No. L- Permanent 13930 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement Easement described as A 1831, PTI Railroad Survey, Tarrant County, Texas from Newmark Homes L.P. to serve various property owners in southwest Tarrant County for the Villages of Sunset Pointe Development Project (DOE 4199), needed as right-of-way to construct a headwall and grade the existing topography to provide positive drainage for properties located south of Columbus Trail and west of Summer Creek Road, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13931 There was presented Mayor and Council Communication No. L- Acquisition-Fort 13931 from the City Manager recommending that the City Council Worth Meacham authorize the acquisition of two vacant lots located on the west International side of Fort Worth Meacham International Airport Noise Mitigation Airport Noise Program (DOE 3932); find that the prices offered in the total Mitigation amount of $15,260.00 is just compensation for the acquisition of Program the properties plus an estimated real estate tax pro-rated amount not to exceed $500.00 for a total cost of $15,760.00; and authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13932 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L-13932, Condemnation of One Permanent One Week Sanitary Sewer Easement on a Parcel of Land Owned by Waste Management of Texas, Inc. (DOE 4159), be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 12 of 22 L-13933 There was presented Mayor and Council Communication No. L- Direct Sale of 13933 from the City Manager recommending that the City Council Tax-Foreclosed approve the sale of tax-foreclosed property located at 0 North Surplus Freeway, Abstract 958, Tracts 54 & 54A and Abstract 945, Tract 1 H, Property John Little Survey, as allowed by the Texas Property Tax Code Located at 0 Section 34.05 (DOE 920), to Tindall Properties, Ltd., for a total North Freeway amount of $11,188.80; and authorize the City Manager to execute the appropriate deed document conveying the property to complete the sale. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing for Conversion of Gateway, Quanah Park and Tandy Hills Parks for the purpose of Off Site Horizontal Directorial Gas Drilling and Extraction. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Randle Harwood, representing the Parks and Community Services Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. L- 13934 as follows: L-13934 There was presented Mayor and Council Communication No. L- Conversion of 13934 from the City Manager recommending that the City Council Gateway, conduct a public hearing for the conversion of the subsurface of Quanah Parker parkland for the purpose of horizontal directional gas drilling and and Tandy Hills extraction at Gateway, Quanah Parker and Tandy Hills Parks under Parks for Off the guidelines set forth by the Texas Parks and Wildlife Code, Site Horizontal Chapter 26, Protection of Public Parks and Recreational Lands; Directional Gas find that there is no feasible or prudent alternative to drilling and Drilling and extracting gas from underneath these park sites from a site other Extraction than the park site; find that this proposal includes all reasonable planning to minimize harm to the parkland; and authorize the City Manager to convert the recommended parkland for the purpose of horizontal directional gas drilling and extraction. (Council Member Wheatfall stepped away from the dais.) Robert Frost Mr. Robert H. Frost, 1918 Sage Circle, Golden, Colorado, appeared before Council in support of the drilling. He stated that his family owned property near this location that could be used for vertical drilling and offered the property for this purpose. City Attorney Yett advised Mr. Frost to meet with Assistant City Attorney Sarah Fullenwider on the procedure to submit a bid to the City relative to the use of his family's property for gas drilling. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 13 of 22 Council Member Haskin stated that she had conducted a meeting at the East Regional Library relative to gas drilling. She added that approximately 50 people attended the meeting and that it was quite successful. Mayor Pro tempore McCloud asked staff if citizen input meetings would be held to discuss the expenditure of revenue funds from the drilling. Interim City Manager Boswell stated that staff was developing a draft management policy that would outline use of the wells' revenue. There being no one else present desiring to be heard in connection with the public hearing for conversion of Gateway, Quanah Park and Tandy Hills Parks, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. L-13934 be adopted. The motion carried unanimously. (Council Member Wheatfall returned to his chair at the dais.) C-20289 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20289, dated September 21, 2004, Authorize 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 and West Rosedale Street and Adopt Related Appropriations Ordinance, be withdrawn. C-20314 There was presented Mayor and Council Communication No. C- Texas Workforce 20314 from the City Manager recommending that the City Council: Commission; 1. Approve a joint transfer agreement in an amount up to YWCA of Fort Worth and $402,531.00 with the Texas Workforce Commission (TWC) Tarrant County; beginning October 1, 2004 and ending September 30, 2005 Clayton YES; as part of the Title VI of the Personal Responsibility and Child Care Work Opportunity Reconciliation Act of 1996 for the Child Associates; Care Development Program; and YMCA of 2. Authorize the City Manager to execute contracts with the Metropolitan following organizations to provide additional child care Fort Worth; Fort services, contingent upon approval and receipt of adequate Worth Housing funding from the TWC, the Title VI Child Care Development Authority Program. All contracts will begin October 1, 2004 and expire September 30, 2005: CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 14 of 22 YWCA of Fort Worth and Tarrant County in an amount not to exceed $141,334.00; Clayton YES in an amount not to exceed $58,663.00; Child Care Associates in an amount not to exceed $60,739.00; YMCA of Metropolitan Fort Worth in an amount not to exceed $113,621.00; and Fort Worth Housing Authority, for the AMAKA Learning Center, in an amount not to exceed $28,174.00. It was the consensus of the City Council that the recommendation be adopted. C-20315 There was presented Mayor and Council Communication No. C- Hall-Albert 20315 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a contract with Hall-Albert Company Construction Company in the amount of$128,676.75 for 90 working days for Subdrain Improvements for Buckskin Court, Blue Water Lake Drive, Arbor Water Lake Drive and Pacific Place. It was the consensus of the City Council that the recommendation be adopted. C-20316 There was presented Mayor and Council Communication No. C- TranSystems 20316 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute a contract with TranSystems Consultants Corporation Consultants for utility construction inspections for the Transportation and Public Works Department, Street Management Division, for an aggregate fee not to exceed $180,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20317 There was presented Mayor and Council Communication No. C- Dunaway 20317 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute an engineering agreement with Dunaway Associates, Inc., in the amount of $147,497.12 for pavement reconstruction, water and sewer main replacement on West Boyce Avenue (Hemphill Street to South Adams Street), West Boyce Avenue (South Adams Street to 6t" Avenue) and James Avenue (Cleburne Road to West Berry Street). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 15 of 22 C-20318 There was presented Mayor and Council Communication No. C- Burlington 20318 from the City Manager recommending that the City Council Northern and authorize the City Manager to enter into a 25-year pipeline license Santa Fe agreement with the Burlington Northern and Santa Fe Railway Railway Company for construction of a 21-inch sanitary sewer line at Mile Company Post 358.44 to serve the Emerald Park Subdivision located in northwest Tarrant County, Off Site Sewer (DOE 4442), for a total cost of $3,500.00, which includes a required $500.00 fee for participation in a licensor's blanket insurance policy. It was the consensus of the City Council that the recommendation be adopted. C-20319 There was presented Mayor and Council Communication No. C- S.H.U.C., Inc. 20319 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with S.H.U.C, Inc., in the amount of $316,785.90 to provide water line improvements in Greenway Industrial Park. It was the consensus of the City Council that the recommendation be adopted. C-20320 There was presented Mayor and Council Communication No. C- Amend CSC 20320 from the City Manager recommending that the City Council #29180, Boys authorize the City Manager to execute a contract amendment for and Girls Clubs City Secretary Contract No. 29180 in the amount of $262,810.00 of Greater Fort with the Boys and Girls Clubs of Greater Fort Worth to extend the Worth term of the agreement to FY2004-2005 to continue operation of the Safe Haven Program. It was the consensus of the City Council that the recommendation be adopted. C-20321 There was presented Mayor and Council Communication No. C- Fort Worth, 20321 from the City Manager recommending that the City Council Keller, Crowley, authorize the City Manager to execute contracts with the Fort Eagle Mountain/ Worth, Keller, Crowley, Eagle Mountain/Saginaw, Northwest and Saginaw, Everman Independent School Districts to operate the School Northwest and Security Initiative contracts for FY2004-2005. It was the consensus Everman of the City Council that the recommendation be adopted. Independent School Districts C-20322 There was presented Mayor and Council Communication No. C- Ord. #16156 20322 from the City Manager recommending that the City Council Texas authorize the City Manager to apply for, accept and execute, if Department of awarded, a grant contract with the Texas Department of State State Health Health Services, formerly the Texas Department of Health, in the Services amount of $57,305.00 to be used to increase immunization levels in CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 16 of 22 pre-school aged children and provide awareness and education at the community level; adopt Appropriation Ordinance No. 16156 increasing estimated receipts and appropriations in the Grants Fund in the amount of $57,305.13, subject to receipt of the grant from the Texas Department of State Health Services, for the purpose of funding the Public Health's Department Immunization Outreach Program; waive indirect costs of 33.43 percent of related salary and fringe benefits which are the most recent rates as indicated by the Finance Department; and authorize a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of $25,000.00 for the interim financing of this grant pending contract execution to provide for a smooth transition from one grant funding period to the next. It was the consensus of the City Council that the recommendation be adopted. C-20323 There was presented Mayor and Council Communication No. C- Supplemental 20323 from the City Manager recommending that the City Council Agreement #3 to authorize the City Manager to execute Supplemental Agreement CSC #21413, No. 3 to City Secretary Contract No. 21413, allowing the FAA to Federal Aviation replace the existing Runway Visual Range (RVR) Facility, for Administration Runway 16-34 at Fort Worth Meacham International Airport, with a new generation RVR Facility and deleting the Rotating Beacon Ceilometer from the lease. It was the consensus of the City Council that the recommendation be adopted. C-20324 There was presented Mayor and Council Communication No. C- Ord. #16157 20324 from the City Manager recommending that the City Council Boys and Girls authorize the transfer of $48,670.00 from the Special Trust Fund to Clubs of Greater the Grants Fund for the Comin' Up project; authorize the transfer of Fort Worth $191.44 from the General Fund Police Department operating budget; adopt Appropriation Ordinance No. 16158 increasing estimated receipts and appropriations in the Grants Fund in the amount of $48,861.44 from available funds for the purpose of funding a contract amendment with the Boys and Girls Clubs of Greater Fort Worth for the Comin' Up Gang Intervention Program; and authorize the City Manager to execute a contract amendment with the Boys and Girls Clubs of Greater Fort Worth to extend the current contract period until October 31, 2004 and to increase the amount of the contract by $48,861.44. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. Interim City Manager Boswell stated that an amendment needed to be made to Mayor and Council Communication No. C-20324, and requested Council reconsider the item at this time. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 17 of 22 Reconsideration Mayor Pro tempore McCloud made a motion, seconded by Council of C-20324 Member Silcox, that Mayor and Council Communication No. C- 20324 be reconsidered. The motion carried unanimously. C-20324 There was presented Mayor and Council Communication No. C- Ord. #16157 20324 from the City Manager recommending that the City Council Ord. #16158 adopt Appropriation Ordinance No. 16157 increasing estimated Boys and Girls receipts and appropriations in the Special Trust Fund in the Clubs of Greater amount of $48,670.00 from available funds for the purpose of Fort Worth transferring funds to the Grants Fund for the Comin' Up project; authorize the transfer of $191.44 from the General Fund Police Department operating budget; adopt Appropriation Ordinance No. 16158 increasing estimated receipts and appropriations in the Grants Fund in the amount of $48,861.44 from available funds for the purpose of funding a contract amendment with the Boys and Girls Clubs of Greater Fort Worth for the Comin' Up Gang Intervention Program; and authorize the City Manager to execute a contract amendment with the Boys and Girls Clubs of Greater Fort Worth to extend the current contract period until October 31, 2004 and to increase the amount of the contract by $48,861.44. Interim City Manager Boswell requested that paragraph 1 of the Recommendation section of the M&C be amended as follows: Delete "Authorize" and insert "Adopt the attached appropriation ordinance authorizing...". Council Member Silcox made a motion, seconded by Council Member Stevenson, that the Mayor and Council Communication No. C-20324 be adopted as amended. The motion carried unanimously. C-20325 There was presented Mayor and Council Communication No. C- Centex Homes, a 20325 from the City Manager recommending that the City Council Nevada General authorize the City Manager to execute a Community Facilities Partnership Agreement with Centex Homes, a Nevada General Partnership, for construction of water and sewer services to serve Basswood Boulevard from 1-35 to FM 156, in the far northwest portion of Fort Worth. Mayor Moncrief informed Council that he had a business interest relative to this issue and would abstain from voting. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 18 of 22 Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Wheatfall, Stevenson, and Davis NOES: None ABSENT: Council Member Picht NOT VOTING: Mayor Moncrief C-20326 There was presented Mayor and Council Communication No. C- Tarrant County 20326 from the City Manager recommending that the City Council authorize the City Manager to execute an inter-local agreement with Tarrant County, in order to provide assistance with necessary road repairs at Meacham International Airport. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. ZC-04-105 It appeared that the City Council, at its meeting of September 7, SP-04-029 2004, set today as a special hearing of the application of J.L. Approved Maberry for a change in zoning of property located in the 9500 block of Santa Clara Drive from "A-5" One-Family to "PD/SU" Planned Development/Specific Use for one dwelling unit when part of a business; boat repair and storage; mini warehouses; office/warehouses; outdoor storage; storage yards, building material; warehouse or bulk storage; welding shop, custom work; and yards, contractors, lumber or storage, Zoning Docket No. ZC- 04-105 and Site Plan No. SP-04-029. Mayor Moncrief asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the zoning change. He summarized changes made to the site plan resulting from concerns expressed by residents of the community. He added that the initial nine proposed uses had been revised to five as follows: 1. One dwelling unit when part of a business 2. Boat repair (inside only) and temporary storage 3. Mini warehouses 4. Office/warehouses 5. Contractor's storage yard CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 19 of 22 Utilizing the proposed site plan, Mr. Schell emphasized that the lots highlighted in the color orange on the revised site plan (Phase II) had been eliminated from the zoning change request and would remain the zoning of A-5. A lengthy conversation ensued between Mr. Schell and Council Member Haskin relative to specific references being reflected on the site plan. (Council Member Wheatfall stepped away from the dais.) The following individuals appeared before Council in support of the zoning change: Chap Reed, Mr. Chap Reed 3520 Alemeda Amy Reed, Ms. Amy Reed 3520 Alemeda James Paxton, Mr. James Paxton 4505 Santa Paula Drive J.L. Maberry Mr. J.L. Maberry 9520 Santa Clara Drive Mr. Kenneth Davis 9710 '/2 Santa Paula Drive The following individuals filed a speaker card in support of the request but did not wish to speak: Ms. Sherrie Maberry 9520 Santa Clara Drive Mr. Dayle Davis 9524 Santa Clara Drive Ms. Mary Long 9711 Santa Paula Drive Mr. Mitch Rios 9632 Camp Bowie West Ms. Jennie Davis 9710 '/2 Santa Paula Drive Mr. Don Long 9711 Santa Paula Drive Mr. Mark Roberts 9602 Santa Paula Drive Ms. Monica Roberts 9602 Santa Paula Drive Mr. Steve Oreig 9502 Camp Bowie West Ms. Virgie Reed 3516 Alemeda Mr. Bennie Hines 9608 Santa Clara Drive Ms. Glenda Patrick 3808 Bendale Road Mr. Tommy Wright 9154 Shorehaven Place Ms. Sarah Wright 9154 Shorehaven Place Mr. H.M. Patrick 3808 Bendale Road Mr. Allen S. Baumgardner 3808 Bendale Road Mr. Ray Heffron 9603 Santa Clara Drive Mr. Ronald P. Fox 9601 Santa Paula Drive The following individuals appeared before Council in opposition of the zoning change: CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 20 of 22 Larry Scruggs, Mr. Larry Scruggs 7820 Kermit Karen North, Ms. Karen North 9612 Santa Clara Drive Carol North, Ms. Carol North 9622 Santa Monica Drive Richard Mr. Richard D. McCormack 9707 Santa Monica Drive McCormack (Council Member Wheatfall retuned to his chair at the dais.) In discussion on the request by the Council, Council Member Silcox recommended that the truck traffic only be allowed to enter and exit this property from Alemeda. He also recommended a screening fence be erected on the east, west and south sides of the property at a minimum of 7.5 feet. Council Member Davis recommended marking on the revised site plan the location of the outside storage area and requested Mr. Schell identify that area for the Council, which was on Lots 12 and 13 of Block 4. Council Member Davis requested Mr. Maberry identify his hours of operation, which were 9:00 a.m. to 6:00 p.m. and she requested those also be a condition of the request. Council Member Davis emphasized that there also needed to be a narrative on the site plan that explained that these conditions will run with the property and that the future owners would also have to follow these conditions, if approved by the Council. There being no one else present desiring to be hear in connection with the application of J. L. Maberry, Council Member Silcox made a motion, seconded by Council Member Davis, that Site Plan No. SP-04-029 be approved with the following amendments: a. All trucks traveling to and from this location must enter and exit the property on Alemeda. b. A screening fence will be erected on the east, west and south sides of the property at a minimum height of 7.5 feet. c. The site plan shall be amended to reflect the location of the outside storage in Phase I to be located south of the existing building on Lots 12 and 13 of Block 4. d. Hours of operation shall be limited to 9:00 a.m. to 6:00 p.m. There was further clarification requested by Council Member Haskin with Mr. Schell and Mr. Maberry on the proposed landscaping and irrigation on Phases 1 and Phase 3, as well as clarification on whether there was to be covered or uncovered storage on the northern tract of the proposed development. After CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 21 of 22 further discussion, Mr. Maberry indicated that he was removing the coverage storage on the northern tract. At this time, Council Member Silcox called for the question on his motion for the amendments to the site plan. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Silcox made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16159 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE; and including that phase II of the zoning change be denied; and that site plan SP-04-029 be approved as previously amended, including the additional change that the proposed covered storage area on the northern lot would be removed. AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Wheatfall, Stevenson, and Davis NOES: Council Member Haskin ABSENT: Council Member Picht Citizen Mr. Richard Vickers, 2400 Cypress Street, appeared before Council Presentations in support of Mayor and Council Communication No. C-14531 Richard Vickers relative to the Taser Expansion Program. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 5, 2004 PAGE 22 of 22 Ross Haynes, Jr. Mr. Ross Haynes, Jr., 1021 Glen Garden Drive, appeared before Council relative to recurring high grass and weeds on vacant lots near his business at 1417 Evans Avenue. Using photographs, he identified various lots located near his business that have very high weeds and grass. He expressed concern that owners of these properties had mowing liens levied by Code Compliance; however, they continue to be a problem but the City had not initiated foreclosure proceedings on these lots. He added they are consistent violators. Mayor Pro tempore McCloud also advised of his frustrations with this issue as he had also made calls on these same properties. There was discussion by the Council on the City's current code enforcement process and the need for the software system for tracking these problem areas. Mayor Moncrief advised Mr. Haynes that City staff would find out where the breakdown in communication was in Code Compliance and get back to him with the information. Pana Schott Ms. Pana Schott, 6329 Downeast Drive, appeared before Council relative to problems with the builder of her home, Choice Homes. She presented various photographs to the Council. She alleged discrimination when she complained about the problems to Choice Homes and had to hire a lawyer to resolve one issue. She asked Council to provide assistance to resolve other concerns with Choice Homes. Mayor Moncrief requested Ms. Schott meet with Acting Assistant City Manager Dale Fisseler to discuss this issue and understanding of the City's limitations to act on private issues. Adjournment There being no further business, the meeting was adjourned at 9:40 p.m. These minutes approved by the Fort Worth City Council on the 12th day of October, 2004. Attest: Approved: Marty Hendrix MiQIM ncri C ity Secretary Mayor