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Home My WebLink About2004/10/19-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 On the 19th day of October, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:14 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; Interim City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Vic Bartlow, Bethesda Community Church. (Mayor Pro tempore McCloud stepped away from the dais.) Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Wheatfall, seconded by Council Member Davis, the minutes of the regular meeting of October 12, 2004, were approved unanimously. (Mayor Pro tempore McCloud returned to his chair at the dais.) Special Mr. Red Steagall introduced Ms. Ann Lockhart, and Messers Presentations Barry Corbin, Michael Morris, and Wilford Brimley who were a portion of the cast of "The Soul of the West", a play being performed for the Red Steagall Cowboy Gathering and Cowboy Heritage Association of Fort Worth on October 23, 2004. He stated that the play would benefit children of working cowboys through college scholarships. Mr. Hub Baker invited the Council to attend the Texas Trail of Fame 2004 Induction Ceremony and Chuckwagon Breakfast, October 23, 2004 at 9:00 a.m. at the Livestock Exchange Building in the Stockyards. Mr. Steagall also invited everyone to the Stockyards Cowboy Gathering, October 22-24, 2004. He stated that there would be various activities for everyone's enjoyment to include a Ranch Rodeo, Trade Show, Music, Poetry, Chuckwagon parade and cookoff, and National finals for Ranch Cutting Horses. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 2 of 25 Council Member Lane presented a Proclamation for Binational Health Week to Dr. Adela N. Gonzalez, from the University of North Texas Health Science Center. Ms. Gonzalez stated that the Center had donated 100 Spanish to English and English to Spanish translation books to the Fort Worth Police, Fire, and Health Departments to assist their work with Hispanic citizens and presented each Council Member with a personal copy of the book. She expressed appreciation for the collaboration efforts of Chief Ralph Mendoza, Chief Charles Gaines, and Dan Reimer. Mayor Pro tempore McCloud presented a Proclamation for Domestic Violence Awareness Month to Ms. Sonyia Hartwell, Associate Executive Director of the Women's Haven of Tarrant County. Mr. McCloud also stated that a Gathering of Persons & Clergy would be held November 11, 2004, sponsored by the Tarrant County Probation Department, for persons interested in this issue. Announcements Council Member Haskin announced that Fort Woof, the Fort Worth Dog Park, would conduct "Barktoberfest", October 23, 2004, from 9:00 a.m. to 2:00 p.m. She stated that there would be many events and vendors at the park, as well as microchipping and pet adoption services, pet caricatures, and an election for the Mayor of Fort Woof. She encouraged everyone to attend. Council Member Picht announced that on October 23, 2004, at the Wedgwood Village Shopping Center in southwest Fort Worth, an Octoberfest celebration would be held from 10:00 a.m. until 6:00 p.m. He stated that it would be fun for the entire family and invited everyone to attend. Council Member Lane expressed appreciation to the Oakhurst Neighborhood Association for their efforts to preserve the McAdams Building and save it from demolition. He also announced that he had received a letter from Mr. Phillip Bowles, a previous 21-year employee of the City, who requested that his son, Lance Corporal Bowles who was currently serving in Iraq, be sent a Fort Worth flag. He added that the flag was sent as requested and accompanied by a supportive letter from Mayor Moncrief. He further stated that he was sure that there were other City employees serving our country and encouraged family members to call the Mayor's office and request a letter for them also. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 3 of 25 Mayor Moncrief also recognized individuals serving with the Corps of Engineers in Iraq and expressed the City's support. Council Member Silcox stated this week the last two Crime Control and Prevention District (CCPD) citizen input meetings would be held and encouraged everyone to attend the meetings to inform City staff of programs they would like to see funded. He added that Phase 2 of the process would be to make recommendations to the CCPD Board followed by the election on February 5, 2005. The last two meetings were as follows: a. October 19, 2004: District 5 & 8, 7:00 p.m. at the William James Middle School Auditorium, 1101 Nashville Avenue b. October 21, 2004: District 3, 7:00 p.m. at Southcliff Baptist Church on Selkirk Drive. Council Member Wheatfall encouraged District 5 residents to attend this evening's CCPD citizen input meeting to continue the dialog started at the October 6, 2004 meeting at Dunbar High School. Council Member Stevenson announced that the Como Community would conduct a Como Pride Public Town Hall Meeting, October 21, 2004 at 6:00 p.m. at the Lake Como Community Center. He stated that Estrus Tucker would lead the meeting for the purpose of outlining and selecting goals by members of the community. Mayor Pro tempore McCloud invited everyone to join the revitalization efforts and blitz on October 23, 2004 at the Poly CDC on the 3400 block of Rosedale. He stated it would be an opportunity to help straighten up the area and see the plans for the revitalization of the area. He added that also on October 23, the Boys & Girls Club in the Butler Housing Community would have a program that highlighted the importance of reading and invited everyone to go by to read to and interact with the children. He further stated that Ralph Haynes would hold a benefit at 1400 Evans Avenue from Noon to 4:00 p.m. to remind people of the importance of bone marrow transplants and how we may help save lives in a very real way. Withdrawn from Interim City Manager Boswell requested that Mayor and Council Consent Agenda Communication Nos. G-14547 and P-10027 be withdrawn from the consent agenda. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 4 of 25 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 Zoning Docket No. ZC-04-131 be continued until November 9, 2004. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Stevenson, the consent agenda, as amended, was adopted unanimously. Presentations by There were no changes presented by the City Council in City Council memberships in the City's boards and commissions. Res. #3133 There was presented Resolution No. 3133 appointing the Board of Name Board of Directors of the Fort Worth Crime Control and Prevention District. Directors of Fort Worth Crime DISTRICT COUNCIL MEMBER BOARD Control and APPOINTEE Prevention 1 Mayor Mike Moncrief David Vasquez District 2 Jim Lane Stan Flores 3 Chuck Silcox Evelyn Stearman 4 Becky Haskin Alice Holland 5 Donavan Wheatfall Dr. Michael Bell 6 Clyde Picht Becky Britton 7 John Stevenson Mrs. Tommie Henton 8 Mayor Pro Tem Ralph McCloud Gerald Shaw 9 Wendy Davis Joseph De Leon Council Member Silcox made a motion, seconded by Council Member Wheatfall, that the resolution be adopted. Mayor Moncrief recognized the following board members in the audience: Evelyn Stearman, Alice Holland, Tommie Henton, and Joseph De Leon. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1446 There was presented Mayor and Council Communication No. Claims OCS-1446 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. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 5 of 25 OCS-1447 There was presented Mayor and Council Communication No. Res. #3134 OCS-1447 from the Office of the City Secretary recommending Setting Regular that the City Council adopt Resolution No. 3134 setting the Zoning Hearing regular zoning hearing for November 9, 2004. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the resolution be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on Appeal of the Decision of the Historic and Cultural Landmarks Commission to Deny a Certificate of Appropriateness Application for the Property Located at 1501 Lipscomb Street as follows: G-14462 There was presented Mayor and Council Communication No. G- Continued for 14462, August 17, 2004, from the City Manager recommending One Week that the City Council conduct a public hearing on an appeal of the decision of the Historic and Cultural Landmarks Commission to deny the application for a Certificate of Appropriateness for replacement of the slate roof on the building at 1501 Lipscomb Street. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Stevenson, that the public hearing and Mayor and Council Communication No. G-14462 be continued for one week. The motion carried unanimously. (Note: See reconsideration of this item on page 8.) G-14545 There was presented Mayor and Council Communication No. G- Ord. #16176 14545 from the City Manager recommending that the City Council Correct Ord. adopt Ordinance No. 16176 amending Ordinance No. 15979 to #15979 reflect waiver of Planned Development site plan for Zoning Case Concerning ZC-04-077 for property in the 9904-9912 blocks of Camp Bowie Zoning Case West. It was the consensus of the City Council that the #ZC-04-077 recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 6 of 25 G-14546 There was presented Mayor and Council Communication No. G- Ord. #16177 14546 from the City Manager recommending that the City Settlement of Council: Claims of Various Police 1. Approve the proposed settlement of the claims of Officers v. City Plaintiffs in this lawsuit; of Fort Worth, Cause 2. Authorize the payment of $67,053.44 in wages, with #153-200793-03, appropriate payroll withholdings and retirement in 153rd Judicial contributions, to Plaintiffs with the checks made payable District Court of as follows: Tarrant County John Gottlob $3,500.00 Andre Smith $3,500.00 Kent Mouton $3,500.00 David Wise, Jr. $3,500.00 Donnie Morton $3,500.00 Kevin Keisler $3,500.00 Tom McNutt $3,500.00 John McCauley $3,500.00 Jeffrey A. Luico $3,500.00 T.A. Kasterke $3,500.00 David Copeland $3,500.00 Diane Sims $3,500.00 Dennis Alise $3,500.00 Tony Dyess $3,500.00 Richard Dotson $9,400.49 Dallas Seals $8,652.95 3. Authorize the payment of attorneys fees in the amount of $7,500.00, with the check made payable to Lyon, Gorsky, Baskett, Haring & Gilbert, and Cates, L.L.P., attorneys for Plaintiffs; 4. Authorize the appropriate City representative to execute the documents necessary to complete the settlement; 5. Authorize the transfer of $67,053.44 from the Property and Casualty Insurance Fund to the General Fund; and 6. Adopt Supplemental Appropriation Ordinance No. 16177 increasing estimated receipts and appropriations in the General Fund in the amount of $67,053.44 from available funds, for the purpose of funding the settlement of CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 7 of 25 claims in the lawsuit, John Gottlob, Andrew Smith, Kent Mouton, David Wise, Jr., Donnie Morton, Kevin Keisler, Tom McNutt, John McCauley, Jeffrey A. Lucio, T.A. Kasterke, David Copeland, Diane Sims, Dennis Alise, Tony Dyess, Richard Dotson and Dallas Seals, Cause No. 153-200793-03. It was the consensus of the City Council that the recommendation be adopted. G-14547 There was presented Mayor and Council Communication No. G- Ord. #16178 14547 from the City Manager recommending that the City Council Approve D/FW adopt Ordinance No. 16178 adopted by the City Council of the International City of Fort Worth, Texas, pursuant to V.T.C.A., Transportation Airport Board Code, Chapter 22, Subchapter D, Approving Resolution No. 2004- Resolution 2004- 02-28 of the Dallas-Fort Worth (D/FW) International Airport Board 02-28; Approve which amends Chapter 4 of the Dallas-Fort Worth International Amendments to Airport Board Code of Rules and Regulations; providing for a fine Chapter 4 not to exceed two thousand ($2,000.00) dollars per day for any violation thereof. Interim City Manager Boswell stated that the M&C and ordinance needed to be amended as follows: a. M&C: First line of the Discussion paragraph, change date from "February 28, 2004" to reflect "February 12, 2004". b. Ordinance: Third line of Section 5, change fine amount from " Two Thousand Dollars ($2,000.00)" to "Five Hundred Dollars ($500.00)". Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. G-14547 be adopted as amended. The motion carried unanimously. G-14548 There was presented Mayor and Council Communication No. G- Reallocation of 14548 from the City Manager recommending that the City Funds for Council: Implementation of North 1. Authorize the City Manager to reallocate $600,000.00 in Greenbriar FY2004-FY2005 Home Investment Partnerships Program Model Blocks (HOME) funds, and $600,000.00 in FY2004-2005 Neighborhood Community Development Block Grant (CDBG) funds for Plan a total of $1,200,000.00 to the North Greenbriar Model Blocks Program as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 8 of 25 Activity: Home Improvement Program, $600,000.00, HOME Investment Partnership Program Home Improvement Program, $70,000.00, CDBG Minor Home Repair Program, $274,000.00, CDBG Administration of Minor Home Repair Program, $50,000.00, CDBG Greenbriar Park Improvements, $200,000.00, CDBG Entrance Signage, $4,650.00, CDBG Street Toppers, $1,350.00, CDBG 2. Execute a contract between the City of Fort Worth and the North Greenbriar Revitalization Corporation, (pending their receiving a 501c 3 designation from the IRS), in the amount of $324,000.00 to undertake the Minor Home Repair program and the administration of the Minor Home Repair program for the North Greenbriar Model Blocks area over a two-year period beginning on the date of the signing of the contract. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14549 There was presented Mayor and Council Communication No. G- Extend Injury 14549 from the City Manager recommending that the City Council Leave-of- approve an extension of injury leave-of-absence pay benefits for Absence Pay Police Officer James Nickel. Council Member Silcox made a Benefits for motion, seconded by Mayor Pro tempore McCloud, that the Police Officer recommendation be adopted. The motion carried unanimously. James Nickel Reconsider M&C Council Member Davis made a motion, seconded by Council No. G-14462 Member Silcox, that Mayor and Council Communication No. G- 14462 be reconsidered at this time. The motion carried unanimously. G-14462 There was presented Mayor and Council Communication No. G- Continued for 14462, August 17, 2004, from the City Manager recommending One Month that the City Council conduct a public hearing on an appeal of the decision of the Historic and Cultural Landmarks Commission to deny the application for a Certificate of Appropriateness for replacement of the slate roof on the building at 1501 Lipscomb Street. Council Member Davis made a motion, seconded by Council Member Stevenson, that the public hearing and Mayor and Council Communication No. G-14462 be continued for one month. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 9 of 25 G-14550 There was presented Mayor and Council Communication No. G- Accept Bicycles 14550 from the City Manager recommending that the City Council Donated by authorize the City Manager to accept the donation of two Smith & Friends of Fort Wesson mountain bicycles valued at $427.00 each for use by the Worth Nature City of Fort Worth Municipal Court, Marshal Division. Council Center and Member Silcox made a motion, seconded by Council Member Refuge to Davis, that the recommendation be adopted with appreciation. Municipal Court The motion carried unanimously. G-14551 There was presented Mayor and Council Communication No. G- Ord. #16179 14551 from the City Manager recommending that the City Council Accept Grant authorize the City Manager to accept a grant in the amount of from Institute of $233,619.00 from the Institute of Museum and Library Services Museum and (IMLS) for the Fort Worth Public Library; authorize the City Library Services Manager to execute a grant contract with the IMLS relating to the for Public grant; and adopt Appropriation Ordinance No. 16179 increasing Library estimated receipts and appropriations in the Grants Fund in the amount of $233,619.00 upon receipt of the grant from Institute of Museum and Library Services for the purpose of funding the "Museum Utilizing Storytelling for Education" program. Ms. Gleniece Robinson, Library Director, recognized the following individuals whose efforts were integral to receipt of the IMLS grant: Judy Satterwhite FWISD Ginger Head Imagination Celebration Bruce Williams Imagination Celebration Linda Joyner Texas Cowboy Hall of Fame Rena Vannoy Lawrence Log Cabin Village Mary Burke Sid Richardson Collection of Western Art Tsagoi Jennings Tarrant Area Guild of Story Tellers Jaye McLaughlin Ft. Worth Public Library Council Member Wheatfall made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. Mayor Moncrief stated that Mayor and Council Communication Nos. G-14452 through G-14454 were related items and therefore would be voted by a single motion after hearing all the citizens presentations. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 10 of 25 Public Hearing It appeared that the City Council set today as the date for public hearings to Submit an Amendment Application to the U.S. Department of Housing and Urban Development (HUD) to Expand the Boundary of Section 108 Funds, Submit Application to HUD for Additional Section 108 Loan Guarantees and Amendment to the Amended 2000 Consolidated Plan, and to Adopt the Urban Village Master Plan for the Evans and Rosedale Business and Cultural District Project. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Robert Sturns, representing the Economic and Community Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication Nos. G-14552, G-14553, and G-14554 as follows: G-14552 There was presented Mayor and Council Communication No. G- Amend 14552 from the City Manager recommending that the City Council Application to conduct a Public Hearing to submit an amended application to HUD to Expand the U.S. Department of Housing and Urban Development (HUD) Boundary of seeking approval on the modified and expanded boundaries of Section 108 the Section 108 and Economic Development Initiative (EDI) funds Funds for Evans dedicated to the Evans and Rosedale Business and Cultural and Rosedale District project; and if approved by HUD, modify and expand the Business and use of Section 108 and EDI funds dedicated to the Evans and Cultural District Rosedale Business and Cultural District project. Project G-14553 There was presented Mayor and Council Communication No. G- Application to 14553 from the City Manager recommending that the City Council HUD for conduct a Public Hearing to authorize the City Manager to submit Additional an application to the U.S. Department of Housing and Urban Section 108 Loan Development (HUD) requesting an additional Section 108 Loan Guarantees for Guarantee commitment of $6,000,000.00 for the Evans and Evans and Rosedale Business and Cultural District Project for use to fund Rosedale business development loans within the project site; authorize the Business and City Manager or his designee to execute any and all documents Cultural District necessary for the receipt and payment of the Section 108 Loan Project and Guarantee; and amend the City of Fort Worth's Amended 2000 Amendment to Consolidated Plan to include the activities proposed under the Amended 2000 Evans and Rosedale Project that include use of the additional Consolidated Plan $6,000,000.00 in Section 108 Loan Guarantees for business development loans. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 11 of 25 G-14554 There was presented Mayor and Council Communication No. G- Adopt Evans and 14554 from the City Manager recommending that the City Council Rosedale Urban conduct a Public Hearing and adopt the draft Evans and Rosedale Village Master Urban Village Master Plan prepared by Stanley Love-Stanley as a Plan Prepared by guide for future development in the Evans and Rosedale Stanley Love- Business and Cultural District. Stanley The following individuals appeared before Council in support of these issues: Mr. William Saafir 5600 Boca Raton Mr. Estrus Tucker 5425 Fletcher There being no one else present desiring to be heard in connection with the public hearing, Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the public hearings be closed and Mayor and Council Communication Nos. G-14552, 14553, and 14554 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 P-10027 There was presented Mayor and Council Communication No. P- Firearm 10027 from the City Manager recommending that the City Ammunition Council: 1. Authorize purchase agreements with multiple vendors to provide firearm ammunition for the Police Department; BIDDERS ITEM NO. GT Distributors 1 thru 9, 11, 12 Precision Delta Corporation 10 and 19 TACnologies, LTD 13 and 18 2. Authorize the agreements to begin October 19, 2004 and expire October 18, 2005, with options to renew for two additional one-year periods; and CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 12 of 25 3. 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". Interim City Manager Boswell stated that vendor information in paragraph 1 of the Recommendation section on the M&C needed to be amended to reflect the purchase agreement with TACnologies, LTD was for Items "13 through 18" and not "13 and 18". Cedric Lee Mr. Cedric Lee, 3668 Forbes, appeared before Council in opposition of the purchase agreements. He stated that Police Officers allowed to use the AR-15 weapons created a threat against citizens. Mayor Moncrief advised Mr. Lee that City Police Officers were without sufficient armament when distance was a factor. Council Member Silcox echoed Mayor Moncrief's reply and stated that Deputy Police Chief Pat Kneblick addressed this issue during the Crime Control and Prevention District public input meetings. He further stated that the ammunition was a replacement from what they had previously. Council Member Davis made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. P-10027 be adopted, as amended. The motion carried unanimously. P-10028 There was presented Mayor and Council Communication No. P- Software 10028 from the City Manager recommending that the City Council Maintenance authorize a sole source purchase agreement with Candle Corporation for software maintenance for the Information Technology Solutions Department; and authorize this agreement to begin October 30, 2004 and expire October 29, 2005, with options to renew for three successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10029 There was presented Mayor and Council Communication No. P- Print Media 10029 from the City Manager recommending that the City Council Advertisements approve the purchase of print media advertisements for the brush CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 13 of 25 and bulky collection services at a cost not-to-exceed $118,668.20. It was the consensus of the City Council that the recommendation be adopted. P-10030 There was presented Mayor and Council Communication No. P- Computer 10030 from the City Manager recommending that the City Council Equipment, authorize the City Manager to execute lease schedules with Dell Software and Government Leasing, Inc., and IBM Credit Corporation through Services October 31, 2005; authorize the City Manager to enter into new obligations under the master lease agreements and to pay existing lease obligations under the master lease agreements for estimated amounts of $190,000.00 for Dell Financial Services, $3,150,000.00 for Dell Government Leasing and $625,000.00 for IBM Credit Corporation; and authorize the agreements to begin on November 1, 2004, and end on October 31, 2005. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. L-13927 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L-13927, dated October 5, 1004, One Week Condemnation for One Permanent Sanitary Sewer Easement on a Parcel of Land Owned by Lee Bass, Trustee (DOE 4159), be continued for one week. L-13932 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L-13932, dated October 5, 2004, One Week Condemnation for One Permanent Sanitary Sewer Easement on a Parcel of Land Owned by Waste Management of Texas, Inc. (DOE 4159), be continued for one week. L-13935 There was presented Mayor and Council Communication No. L- Exchange of 13935 from the City Manager recommending that the City Council Property authorize the City Manager to execute an agreement with Tarrant Between City of County College District (TCCD) wherein certain City property will Fort Worth and be exchanged for certain TCCD property for the realignment of TCCD for Throckmorton Street at Lancaster Avenue near the Central Realignment of Business District (DOE 4007), for a total estimated cost to the City Throckmorton St. of $3,500.00. It was the consensus of the City Council that the at Lancaster Ave. recommendation be adopted. L-13936 There was presented Mayor and Council Communication No. L- Acquisition of 13936 from the City Manager recommending that the City Council Vacant Lot at authorize the acquisition of one vacant lot in conjunction with the 3411 Columbus Fort Worth Meacham International Airport Noise Mitigation Ave. on West CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 14 of 25 Side of Fort Program; find that the price offered in the total amount of Worth Meacham $9,450.00 is just compensation for the acquisition of the property International plus an estimated real estate tax pro-rated amount not to exceed Airport for Noise $300.00 for a total cost of$9,750.00; and authorize the acceptance Mitigation and recording of appropriate instruments. It was the consensus Program of the City Council that the recommendation be adopted. PZ-2552 There was presented Mayor and Council Communication No. PZ- Ord. #16180 2552 from the City Manager recommending that the City Council Vacate Alley in adopt Ordinance No. 16180 vacating and extinguishing an Block 6 of Boaz approximately 20-foot wide by 224.25-foot long alley located in Summit Addition Block 6 of the Boaz Summit Addition, Fort Worth, Tarrant County, (VA-04-036) Texas; providing for reversion of fee in said land; providing that the City shall retain all existing utilities. It was the consensus of the City Council that the recommendation be adopted. C-20337 There was presented Mayor and Council Communication No. C- Delayed Until 20337, dated October 12, 2004, from the City Manager After Executive recommending that the City Council authorize the City Manager Session to execute a contract with CPS Executive Search for executive search consultant services for the recruitment and selection of a City Manager, for an amount not to exceed $23,000.00 for professional services and $10,000.00 for related expenses. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communicates No. C- 20337 be delayed until after the Executive Session. The motion carried unanimously. C-20342 There was presented Mayor and Council Communication No. C- TranSystems 20342 from the City Manager recommending that the City Council Corporation authorize the City Manager to execute an engineering agreement Consultants with TranSystems Corporation Consultants in the amount of $114,012.00 for pavement reconstruction and water and sewer main replacement on Dennis Avenue (Burton Hill Road to Roaring Springs Road), Fursman Avenue (Burton Hill Road to Roaring Springs Road) and Mattison Avenue (Virginia Place to Washington Terrace). It was the consensus of the City Council that the recommendation be adopted. C-20343 There was presented Mayor and Council Communication No. C- Sundance 20343 from the City Manager recommending that the City Council Square Parking authorize the City Manager to amend the lease agreement with Sundance Square Parking to reflect an increase in the monthly rental of thirty parking spaces at 301 Pecan Street, Lot No. 10, for the Police Department, from $30.00 per space to $35.00 per space. It was the consensus of the City Council that the CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 15 of 25 recommendation be adopted. C-20344 There was presented Mayor and Council Communication No. C- Ord. #16181 20344 from the City Manager recommending that the City Council Texas authorize the City Manager to execute a contract with the Texas Department of Department of Transportation to operate the Selective Traffic Transportation Enforcement Program Wave project on an overtime basis in the amount of $16,882.00; adopt Appropriation Ordinance No. 16181 increasing estimated receipts and appropriations in the Grants Fund in the amount of $18,786.00, from available funds, for the purpose of funding the Selective Traffic Enforcement Program on an overtime basis; authorize the City Manager to waive indirect costs in the amount of $3,038.76; and authorize the transfer of $1,904.00 from Awarded Assets to the Grants Fund for the City's match. It was the consensus of the City Council that the recommendation be adopted. C-20345 There was presented Mayor and Council Communication No. C- United Way of 20345 from the City Manager recommending that the City Council Metropolitan authorize the City Manager to execute an annual service contract Tarrant County with the United Way of Metropolitan Tarrant County in the amount of $60,000.00 for social marketing services for the period of October 18, 2004, through September 29, 2005, contingent upon receipt of the third year funding for a grant from the U.S. Department of Health and Human Services for a Child Mental Health Initiative Co-operative Agreement with three one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. C-20346 There was presented Mayor and Council Communication No. C- Clean Harbors 20346 from the City Manager recommending that the City Council Environmental authorize the City Manager to enter into a contract with Clean Services, Inc. Harbors Environmental Services, Inc., for the packaging, transportation and disposal of hazardous waste; and authorize this contract to begin November 1, 2004 and expire October 31, 2005, with two annual renewal options with a total cost not to exceed $150,000.00 per year. It was the consensus of the City Council that the recommendation be adopted. C-20347 There was presented Mayor and Council Communication No. C- Malcolm Pirnie, 20347 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute an engineering agreement with Malcolm Pirnie, Inc., for the Village Creek Interceptor Pilot Study, for a total fee not to exceed $92,316.00. It was the CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 16 of 25 consensus of the City Council that the recommendation be adopted. C-20348 There was presented Mayor and Council Communication No. C- BH Development 20348 from the City Manager recommending that the City Council Two, L.P. authorize the City Manager to execute a Community Facilities Agreement with BH Development Two, L.P., for the installation of water and sewer services to serve High Point Hill Addition, located in far south Fort Worth. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-20349 There was presented Mayor and Council Communication No. C- SJ Rainbow 20349 from the City Manager recommending that the City Council Ridge authorize the City Manager to execute a Community Facilities Development, LP Agreement with SJ Rainbow Ridge Development, LP for the installation of onsite water and sewer mains to serve Rainbow Ridge Addition, on McCart Avenue and North Crowley-Cleburne Road in far southwest Fort Worth. Council Member Picht made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20350 There was presented Mayor and Council Communication No. C- Imagination 20350 from the City Manager recommending that the City Council Celebration Fort authorize the City Manager to execute a contract in the amount of Worth $50,000.00 with Imagination Celebration Fort Worth. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20351 There was presented Mayor and Council Communication No. C- Arts Council of 20351 from the City Manager recommending that the City Council Fort Worth and authorize the City Manager to execute a contract in the amount of Tarrant County $280,000.00 with the Arts Council of Fort Worth and Tarrant County for the Neighborhood Arts Program. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20352 There was presented Mayor and Council Communication No. C- Tarrant Regional 20352 from the City Manager recommending that the City Council Water District authorize the City Manager to execute an interlocal agreement with Tarrant Regional Water District for the collection of Brush and Bulky Waste. Council Member Davis made a motion, CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 17 of 25 seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. (Mayor Pro tempore McCloud stepped away from the dais.) C-20353 There was presented Mayor and Council Communication No. C- Tarrant County 20353 from the City Manager recommending that the City Council authorize the City Manager to execute an interlocal agreement with Tarrant County for the collection of Brush and Bulky Waste. Council Member Lane made a motion, seconded by Council Member Wheatfall, 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 Neighborhood Empowerment Reinvestment Zone No. 21 and Tax Abatement Agreement with Phoenix Property, Inc., and Related Findings of Fact by the City Council Regarding Construction of Mixed-Use Project by Phoenix Property, Inc., within the Berry/University Neighborhood Empowerment Zone. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Christine Maguire, representing the Economic and Community Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. C-20354 as follows: (Mayor Pro tempore McCloud returned to his chair at the dais.) C-20354 There was presented Mayor and Council Communication No. C- Ord. #16182 20354 from the City Manager recommending that the City Council Phoenix hold a public hearing concerning the designation of Property, Inc. approximately 3.06 acres of land (the Land) as Neighborhood Empowerment Reinvestment Zone (NEZ Reinvestment Zone) Number Twenty-One, City of Fort Worth, Texas; adopt Ordinance No. 16182 amending Ordinance No. 15815 by removing certain property from Neighborhood Empowerment Reinvestment Zone Number Thirteen, City of Fort Worth, Texas; designating the property so removed as "Neighborhood Empowerment Reinvestment Zone Number Twenty-One, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone; find that the statements set forth in the recitals of the Tax Abatement Agreement with Phoenix Property, Inc. are true and correct; and authorize the City CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 18 of 25 Manager to enter into the Tax Abatement Agreement with Phoenix Property, Inc., in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended (the NEZ Policy). There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Stevenson, that the public hearing be closed and Mayor and Council Communication No. C-20354 be adopted. Council Member Picht made a substitute motion, seconded by Council Member Silcox, that the public hearing and Mayor and Council Communication No. C-20354 be continued one week to rewrite the agreement for a five-year tax abatement. The motion failed by the following vote: AYES: Council Members Silcox and Picht NOES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Stevenson, and Davis ABSENT: None The original 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 ZC-03-322 It appeared that the City Council set today as the date for a Ord. #16183 hearing for Zoning Docket No. ZC-03-322, Text Amendment Text concerning Home Occupations. Mayor Moncrief asked if there Amendment was anyone present desiring to be heard. Approved Assistant City Attorney Sarah Fullenwider appeared before Council and stated that if the ordinance was adopted as currently drafted, the ordinance would include private schools and tutoring as a home occupation. However, it would not limit the number of students a person could teach in their home at one time. She CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 19 of 25 added that based on the discussion in the Pre-Council Worksession, staff would recommend a revision to Section 1, Subsection 2, located on page 2, as follows: No vehicular traffic shall be generated by the home occupation business in greater volumes than would reasonably be expected in the residential neighborhood or create unreasonable parking or traffic congestion for the abutting or adjoining neighbors or for the immediate neighborhood. Any parking of vehicles must be consistent with city ordinances. Any parking or traffic of such character, intensity and continued duration, which substantially interferes with the comfortable enjoyment of private homes by persons of ordinary sensibilities, shall be considered unreasonable. It shall be a defense to prosecution under the totality of the circumstances existing in the neighborhood. Upon request of the residents of the neighborhood, a representative from the Transportation and Public Works Department shall review the traffic impacts to the neighborhood and, if applicable, refer the review to the traffic management program. (Council Members Wheatfall and Picht stepped away from the dais.) The following individuals appeared before Council in opposition of the ordinance as it was currently proposed. They requested that Council adopt Option 2 to "exempt education related classes for school-aged children" and addressed traffic concerns: David Dena, Mr. David Dena 1509 Trafalgar Road Francisco Hernandez, (Council Member Silcox stepped away from the dais.) Pamela Urbanowicz, Mr. Francisco Hernandez 2108 Alston Avenue Stephen Johns, Ms. Pamela Urbanowicz 3512 Andover Drive, Bedford, TX Jonathan Mr. Stephen Johns 4912 Camille Court Cooper, Luella Seaborn, (Council Members Silcox and Picht returned to their chairs at the Jonathan dais, and Council Member Davis stepped away.) Manning, Lauren Hagood, Mr. Jonathan Cooper 2708 Peachtree Lane, Arlington, CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 20 of 25 Mary Hamilton, TX Melody Lambert, Kyev Tatum, (Council Member Wheatfall returned to his chair at the dais.) Tanya Horton Ms. Luella Seaborn 4000 Springbranch Mr. Jonathan Manning 1108 Ash Court, Benbrook, TX Ms. Lauren Hagood 3511 Westcliff Road South Ms. Mary Hamilton 3139 Lipscomb Street Ms. Melody Lambert 4020 Alicante Avenue Ms. Esther McElfish 7112 Martha Lane Minister Kyev Tatum 5520 Sun Valley Drive Ms. Tanya Horton 7415 White Hall #119 Mayor Moncrief acknowledged the following individuals who also opposed the ordinance, but had to leave the meeting because of prior commitments: Ms. Katherine Hagood 3511 Westcliff Road South Ms. Cheryl Bell 3900 Sagebrush Road Ms. Beverly J. Singleton 8701 Eagle View Court Mr. Grant E. Singleton 8701 Eagle View Court Council Member Davis commended the presenters on their appearances before Council. She stated that the ordinance was about balance and that changes were made in order to not create a negative secondary impact. There being no else one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, that the Zoning Hearing be closed, Zoning Docket No. ZC-03-322 be approved, with the following amendments to the ordinance: a. Section 1, Subsection 7: Delete wording after "newsletter"; add an "s" to "newsletter"; insert a comma, and add "...and applicable trade directories." b. Section 4: Change "...one year ..." to "...nine months...". c. Section 10: Change section to read, "This ordinance shall take effect thirty (30) days after adoption and publication as required by law." Council Member Silcox made a recommendation that the motion also include an amendment to page 2, Subsection (1)(c), to change the wording as follows: "(c) Up to five employees may be CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 21 of 25 permitted if approved by the City Council. In reviewing such a request, the City Council may consider the following:" Council Member Davis amended her motion to include Council Member Silcox's amendment, and the motion was seconded by Council Member Silcox. The motion carried unanimously and the following ordinance was adopted: ORDINANCE NO. 16183 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING CHAPTER 5, "SUPPLEMENTAL USE STANDARDS" TO ADD REGULATIONS FOR HOME OCCUPATIONS; TO ADD SECTION 5.115A TO CHAPTER 5, "SUPPLEMENTAL USE STANDARDS" TO AMEND SECTION 4.603, THE RESIDENTIAL DISTRICT USE TABLE TO ADD A REFERENCE TO HOME OCCUPATIONS IN THE SUPPLEMENTAL STANDARDS COLUMN, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. ZC-04-131 It was the consensus of the City Council that the hearing of the Continued Until application of Autobahn Realty Partners for a change in zoning of November 9, property located at 112, 116, 200 & 204 Adrian Drive from "PD- 2004 234" Planned Development/Specific Use for office display and inside storage area to PD for all uses in "F-R" General Commercial Restricted with Site Plan required, Zoning Docket No. ZC-04-131, be continued until November 9, 2004. Zoning Hearing It appeared to the City Council that the Notice of Public Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, September 28, 2004. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 22 of 25 ZC-04-290 It appeared that the City Council set today as the date for a Continued for hearing for Zoning Docket No. ZC-04-290, Text Amendment Two Weeks concerning Signs & Banners. Mayor Moncrief asked if there was anyone present desiring to be heard. There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the Zoning Hearing be closed and Zoning Docket No. ZC-04-290 be approved. Council Member Davis made a substitute motion, seconded by Council Member Silcox that the Zoning Hearing and Zoning Docket No. ZC-04-290 be continued for two weeks. The motion carried unanimously. ZC-04-291 It appeared that the City Council set today as the date for a Ord. #16184 hearing for Zoning Docket No. ZC-04-291, Text Amendment Text concerning Landscaping. Mayor Moncrief asked if there was Amendment anyone present desiring to be heard. Approved There being no one present desiring to heard in connection with the Text Amendment, Council Member Lane made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed, Zoning Docket No. ZC-04-291 be approved, and the following ordinance be adopted: ORDINANCE NO. 16184 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 3011, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTIONS 6.300 "BUFFERYARD AND SUPPLEMENTAL BUILDING SETBACK" AND 6.301 "LANDSCAPING" OF ARTICLE 3, "LANDSCAPING AND BUFFERS" TO ADD AN EXCEPTION FOR AIRPORTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 23 of 25 Citizen Ms. Linda Perry, 4929 Alicia Drive, appeared before Council Presentations relative to alleged theft of services by tenants renting her property without her knowledge and the denial of services in the future by the Water Department, with no attempt to collect outstanding amount by the City. Mayor asked Ms. Perry to meet with Acting Assistant City Manager Dale Fisseler to resolve this issue. Richard Weiner Mr. Richard Weiner, 8615 Directors Row, Dallas, Texas, representing the Dallas/Fort Worth Limousine Association, appeared before Council relative to vehicle permitting and fee structure in Fort Worth. He stated that fees in Fort Worth were much higher than in other cities and requested Council assistance to reduce the fees. Interim City Manager Boswell asked Mr. Weiner to provide him with contact information and that staff would investigate this issue and provide him with follow-up. Executive It was the consensus of the City Council that they recess into Session Executive Session at 2:17 p.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) City of Fort Worth v. 3120 Precinct Line Road LLC and Walker Branch Recycling, Inc., Cause No.04- 20857-2; b) In re: Lone Star Local Government Corp. and City of Fort Worth, Cause No. GV403244; c) Gordon Culwell and William Conrad v. City of Fort Worth, Civil Action No. 4-04-CV-0655-A; d) Fort Worth and Western Railroad Company v. City of Fort Worth, No. 4-03CV-139-Y (5t" Circuit Court of Appeals — 04-10433); e) Legal issues concerning Waste Management of Texas, Inc., property at the 3700 block of Linkcrest Drive; CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 24 of 25 f) Legal issues concerning the City's community facilities agreement policies; g) 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 4:15 p.m. with Council Member Davis absent. C-20337 There was presented Mayor and Council Communication No. C- Withdrawn 20337, dated October 12, 2004, from the City Manager recommending that the City Council authorize the City Manager to execute a contract with CPS Executive Search for executive search consultant services for the recruitment and selection of a City Manager, for an amount not to exceed $23,000.00 for professional services and $10,000.00 for related expenses. Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be withdrawn. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, and Stevenson NOES: Council Members Silcox and Picht ABSENT: Council Member Davis CITY COUNCIL MEETING FORT WORTH, TEXAS OCTOBER 19, 2004 PAGE 25 of 25 Adjournment There being no further business, the meeting was adjourned at 4:18 p.m. These minutes approved by the Fort Worth City Council on the 26th day of October, 2004. Attest: Approved: ry�&AAL&k4� Marty Hen rix Michael J. Moncr'e City Secretary Mayor