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HomeMy WebLinkAbout2004/11/16-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 Date & Time On the 16th day of November, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:17 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, and John Stevenson; City Manager Charles Boswell; City Attorney David Yett; City Secretary Marty Hendrix. Council Member Wendy Davis was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Pastor Mark Washington, Armstrong Chapel AME Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Stevenson, seconded by Council Member Wheatfall, the minutes of the regular meeting of November 9, 2004, were approved unanimously. Special Council Members Lane and Haskin presented a Proclamation for Presentations Fort Worth Western Heritage Week to Mr. Jeff Crain, Athletic Marketing Director for Texas Christian University (TCU). Mr. Crain expressed appreciation for the proclamation and stated that anyone interested in participating in setting a record for the longest line dance could obtain information from TCU's website at www.gofrogs.com. Council Member Lane expressed appreciation to Ernie Horn for putting this event together and for all his work in the City of Fort Worth. Mayor Moncrief recognized the following 7th grade students from Rosemont Middle School participating in the Fort Worth Independent School District's Vital Link program and their teacher Ms. Odessa Johnson. Erika Collazo Reyna Collins Monica Cordero Ramon Duran Jose Floran Fernando Flores He added that the students were attending the Council meeting to learn about City government. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 2 of 18 Council Member Wheatfall stated that while attending Texas A&M University he served as an intern with the Fort Worth Independent School District and helped facilitate the Vital Link program. He added that it was a tremendous opportunity for students to gain insight to real world programs. Announcements Council Member Picht expressed appreciation to everyone who attended the Veteran's Day Parade on November 11, 2004. He said the parade was well attended and that bands from each Council district, Mansfield and Burleson provided entertainment, and that ROTC detachments and mayors and council members from surrounding communities participated. Council Member Silcox announced that the final Crime Control and Prevention District Board meeting would be conducted on November 18, 2004 at 6:00 p.m. in the Pre-Council Chamber. He stated this was the last time the board could receive public input before they made their submission to the Justice Department and encouraged everyone interested to attend. Council Member Lane announced that a meeting would be conducted November 16, 2004 at 6:30 p.m. at the Rose Marine Theater on Main Street targeted for stakeholders on the northside of the City. He added that information on the Trinity River Vision would be provided and encouraged everyone interested to attend. Mayor Pro tempore McCloud announced that he and Council Member Lane had the privilege of welcoming soldiers wounded in Iraq to a concert held at Billy Bob's of Texas on November 12, 2004. He expressed appreciation to John Meyers and George Grubb for their work on this event, Pam Minnick and people at Billy Bob's, and to Fort Worth Police Officers who met the soldiers on the outside of Fort Worth and provided escort to the northside. Council Member Lane expressed appreciation to Billy Bob's for providing the entertainment and to Riscky's BBQ for providing the food. Council Member Picht expressed appreciation to the Fort Worth Garden Club for the delivering and installing a memorial plaque honoring all armed forces members at the Botanic Gardens. Withdrawn from There were no items withdrawn from the consent agenda. Consent Agenda CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 3 of 18 Continued/ City Manager Boswell requested that Mayor and Council Withdrawn By Communication No. C-20409 be continued until December 7, 2004. Staff Consent Agenda On motion of Council Member Lane, seconded by Council Member Silcox, the consent agenda, as amended, was adopted unanimously. Presentations by There were no changes presented by the City Council on City Council memberships in the City's boards and commissions. Res. #3141 There was presented Resolution No. 3141 approving the resolution Issue of Service Center Relocation, Incorporated, adopted on October 26, Service Center 2004, authorizing the Issuance of Bonds by the Service Center Relocation, Relocation, Incorporated, and approving the execution by the City Incorporated of a Lease with an Option to Purchase Agreement and a Bond Bonds Purchase Agreement relating to the sale of the bonds. Council Member Stevenson made a motion, seconded by Council Member Wheatfall, that the resolution be adopted. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1451 There was presented Mayor and Council Communication No. OCS- Claims 1451 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. OCS-1452 There was presented Mayor and Council Communication No. OCS- Res. #3142 1452 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 3142 setting the regular zoning Zoning Hearing hearing for December 14, 2004. Council Member Haskin made a motion, seconded by Council Member Picht, that the resolution be adopted. The motion carried unanimously. G-14462 There was presented Mayor and Council Communication No. G- Continued Until 14462, dated August 17, 2004, from the City Manager November 30, recommending that the City Council conduct a public hearing on 2004 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 Haskin made a motion, CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 4 of 18 seconded by Council Member Stevenson, that the recommendation be continued until November 30, 2004. The motion carried unanimously. G-14581 There was presented Mayor and Council Communication No. G- Ord. #16205 14581 from the City Manager recommending that the City Council Amend adopt Ordinance No. 16205 amending the Fort Worth Plumbing Plumbing Code Code, by providing for a correction to the fee table to add a fee for to Include Fees medical gasses and vacuum systems; providing penalties for the for Medical violation thereof. It was the consensus of the City Council that the Gasses and recommendation be adopted. Vacuum Systems G-14582 There was presented Mayor and Council Communication No. G- Approve 2004 14582 from the City Manager recommending that the City Council Ad Valorem Tax approve the 2004 Ad Valorem Tax Roll. It was the consensus of the Roll City Council that the recommendation be adopted. G-14583 There was presented Mayor and Council Communication No. G- Approve 14583 from the City Manager recommending that the City Council Settlement by approve the settlement of the claim filed by State Farm Insurance State Farm as subrogee of Laura Creamer; authorize the City Manager to Insurance for expend the sum of $30,812.25 for the settlement agreed to by State Property Farm Insurance and the City of Fort Worth; and authorize the Damage to $30,812.25 check to be issued as follows: State Farm Insurance Vehicle Company subrogee of Laura Creamer. It was the consensus of the City Council that the recommendation be adopted. G-14584 There was presented Mayor and Council Communication No. G- Approve 14584 from the City Manager recommending that the City Council Settlement by approve the settlement of the claim filed by TXU Business Services TXU Business Claims and Legal Administration; authorize the City Manager to Services Claims expend the sum of $29,077.41 for the settlement agreed to by the and Legal City of Fort Worth and an authorized representative of TXU Administration Business Services Claims and Legal Administration; and authorize the $29,077.41 check to be issued as follows: TXU Business Services Claims and Legal Administration. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 5 of 18 G-14585 There was presented Mayor and Council Communication No. G- Ord. #16206 14585 from the City Manager recommending that the City Council Contractual adopt Supplemental Appropriation Ordinance No. 16206 increasing Payment from estimated receipts and appropriations in the Special Trust Fund in Ken Moore the amount of $19,414.21 from available funds for the purpose of Enterprises, Inc. funding a one-year contract with Ken Moore Enterprises, Inc., to for Public provide improvements, equipment, and promotion of the Will Events Rogers Memorial Center; and authorize the use of these funds in Department accordance with the City's purchasing and expenditure guidelines. Special Trust It was the consensus of the City Council that the recommendation Fund be adopted. G-14586 There was presented Mayor and Council Communication No. G- Res. #3143 14586 from the City Manager recommending that the City Council Authorize authorize the City to continue to retain the law firm of Kelly, Hart Continued and Hallman and designate Alan D. Hegi as outside counsel Employment of pursuant to Chapter VI, Section 3 of the City Charter to assist the Outside Counsel City Attorney with legal issues regarding the Southeast Landfill Regarding including access to the landfill; and adopt Resolution No. 3143 for Southeast the continued employment of Kelly, Hart and Hallman as outside Landfill legal counsel and advise the City of legal issues related to the Southeast Landfill and fixing in advance, as far as practicable, the compensation to be paid to Kelly, Hart and Hallman in an amount not to exceed an additional $50,000.00. It was the consensus of the City Council that the recommendation be adopted. G-14587 There was presented Mayor and Council Communication No. G- Authorize Pay 14587 from the City Manager recommending that the City Council Annual authorize payment of the annual Consolidated Water Quality Consolidated Assessment Fee for Discharge Permit CWQ0009646 of $75,000.00 Water Quality to the Texas Commission on Environmental Quality for treated Fee for Treated effluent discharge from the Village Creek Wastewater Treatment Effluent Plant. It was the consensus of the City Council that the Discharge recommendation be adopted. G-14588 There was presented Mayor and Council Communication No. G- Res. #3144 14588 from the City Manager recommending that the City Council Ratify City's ratify a lawsuit filed by the City Attorney's Office against the Lawsuit against Attorney General of Texas, Greg Abbott to prevent the disclosure Attorney of records prepared in anticipation of litigation and General to communications related to alternative dispute resolution Prevent the proceedings; and adopt Resolution No. 3144 ratifying the lawsuit Disclosure of entitled City of Fort Worth, et. al. v. Greg Abbott Attorney General, Records Cause No. GV402919, 201St District Court, Travis County, Texas CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 6 of 18 pursuant to Chapter 552 of the Texas Government Code. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. G-14589 There was presented Mayor and Council Communication No. G- Res. #3145 14589 from the City Manager recommending that the City Council Approve Method adopt Resolution No. 3145 relating to a public hearing and of Financing for approving a financing by the Simonton Higher Education Facilities Renovation Finance Corporation for the benefit of the Trinity Valley School as Project for required by the Internal Revenue Code Title 26, Section 147. Trinity Valley Council Member Silcox made a motion, seconded by Council School Member Stevenson, that the recommendation be adopted. The motion carried unanimously. P-10035 There was presented Mayor and Council Communication No. P- Blackberry 10035, dated November 9, 2004, from the City Manager Equipment, recommending that the City Council authorize a purchase Software and agreement for the purchase of Blackberry equipment, software and Services wireless services from Nextel Communications, Inc., (Nextel of Texas, Inc.), for the Information Technology Solutions Department; and authorize this agreement to begin December 1, 2004, and expire November 30, 2005, with options to renew for three additional one-year periods. Council Member Picht made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. P-10038 There was presented Mayor and Council Communication No. P- Luminaries 10038 from the City Manager recommending that the City Council authorize a purchase agreement for luminaries with multiple vendors through the Texas Procurement Center for the Transportation and Public Works Department based on low bid with shipping included in unit price and payment due 30 days after receipt of invoice; and authorize this agreement to begin November 16, 2004 and expire November 15, 2005, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10039 There was presented Mayor and Council Communication No. P- Various 10039 from the City Manager recommending that the City Council Publications authorize a purchase agreement for continuation of various publications with Baker & Taylor for the Library Department based on best value with freight included in unit price and payment due 30 days after receipt of invoice; and authorize this agreement to CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 7 of 18 begin December 1, 2004 and expire November 30, 2005, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10040 There was presented Mayor and Council Communication No. P- Oils and 10040 from the City Manager recommending that the City Council Lubricants authorize a purchase agreement for oils and lubricants with Jesse P. Taylor Oil Company for the City of Fort Worth based upon the "best value" for the City, with payment due 30 days from date the invoice is received; authorize this agreement to begin November 30, 2004 and expire on November 29, 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. P-10041 There was presented Mayor and Council Communication No. P- Bell Helicopter 10041 from the City Manager recommending that the City Council Parts and authorize a purchase agreement for Bell Helicopter parts and Supplies supplies with Texas Aviation Services for the Police Department, with payment due 30 days from date the invoice is received; authorize this agreement to begin November 26, 2004 and expire on November 25, 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. P-10042 There was presented Mayor and Council Communication No. P- Gasoline 10042 from the City Manager recommending that the City Council authorize purchase agreement for gasoline with primary and secondary vendors for the City of Fort Worth and interlocal agreements with various Dallas/Fort Worth Metropolitan area governmental entities. Prices will be based on the overall best value of the Dallas Metro Texas OPIS (Oil Price Information Service) Daily Net Average Price per gallon, sent at 10:00 AM CST for the day the fuel is delivered. Payment is due 30 days from date the invoice is received. The City takes ownership at the City's storage tank and freight is not charged; the primary award for CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 8 of 18 gasoline to Martin Eagle Oil Company and the secondary award to Sun Coast Resources Inc.; 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"; and this agreement is to begin December 17, 2004 and expire on December 16, 2005, with options to renew for three additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-10043 There was presented Mayor and Council Communication No. P- Wescam 10043 from the City Manager recommending that the City Council Thermal Imager authorize the sole source purchase of a Wescam thermal imager from the documented sole source vendor L-3 Communications Wescam for the Police Department at a total cost not to exceed $175,500.00, with payment due within 30 days of the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-10044 There was presented Mayor and Council Communication No. P- Goods and 10044 from the City Manager recommending that the City Council Services authorize the City Manager to execute an Interlocal Agreement for the purchase of goods and services between the City of Fort Worth and the City of Garland. It was the consensus of the City Council that the recommendation be adopted. P-10045 There was presented Mayor and Council Communication No. P- Ord. #16207 10045 from the City Manager recommending that the City Council Renovation of adopt Appropriation Ordinance No. 16207 increasing estimated Seating receipts and appropriations in the Public Events Furniture, Fixtures, and Equipment Fund in the amount of $1,102,912.96 from available funds for the purpose of funding the renovation of seating for the Will Rogers Memorial Center Coliseum from Cy Young Industries, Inc.; authorize the use of these funds in accordance with the City's purchasing and expenditures guidelines; and authorize the purchase of renovation of seating for the Will Rogers Memorial Center Coliseum from Cy Young Industries, Inc., at cost not to exceed $172,387.60, with payment due within 10 days with 2 percent discount and total due 30 days after receipt of invoice. City Manager Boswell stated that the M/WBE statement on the M&C needed to be revised as follows: "M/WBE — Cy Young Industries, Inc., is in compliance with the City's M/WBE Ordinance by submission of the prime contractor waiver form. The City's goal on this project is 5 percent." CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 9 of 18 Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommendation be adopted as amended. The motion carried unanimously. P-10046 There was presented Mayor and Council Communication No. P- Cleanup of 10046 from the City Manager recommending that the City Council Primary authorize the City Manager to pay Eagle Construction & Clarifiers Environmental Services, L.P., $174,820.30 for the cleanup of the primary clarifiers at the Village Creek Wastewater Treatment Plant. Council Member Wheatfall made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Council Member Stevenson recommended that the City consider offering a reward for information leading to the identification of the responsible party for the oil discharge. Mayor Moncrief stated that staff would look into the possibility of a reward and provide a recommendation to the Council. L-13952 There was presented Mayor and Council Communication No. L- Permanent 13952 from the City Manager recommending that the City Council Sanitary Sewer authorize the acquisition of one permanent sanitary sewer Easement easement described as John Kelsey Survey, Abstract 782, Parker County, Texas, from Lois J. Banta for property located at 12735 Old Weatherford Road, Aledo, Texas, for the construction of Walsh Ranch Sanitary Sewer Extension Project (DOE 4161), needed to install approximately 50,000 linear feet of sanitary sewer main from the existing Main 450 to serve the proposed Walsh Ranch Development Project in west Fort Worth for a cost of $3,620.00, plus estimated closing costs of $1,000.00. It was the consensus of the City Council that the recommendation be adopted. L-13953 There was presented Mayor and Council Communication No. L- Permanent 13953 from the City Manager recommending that the City Council Sanitary Sewer authorize the acquisition of one permanent sanitary sewer Easement easement described as part of B.F. Richardson Survey, A-1374, Tarrant County, Texas, from Larry White, Jr., for property located at 12275 Old Weatherford Road along Mary's Creek and Patterson Branch (DOE 4159), needed to install approximately 50,000 linear feet of sanitary sewer main to serve the proposed Walsh Ranch Development in west Fort Worth for a cost of $5,000.00 plus estimated closing costs of $1,000.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 10 of 18 L-13954 There was presented Mayor and Council Communication No. L- Permanent 13954 from the City Manager recommending that the City Council Waterline approve the acceptance of one permanent waterline easement Easement described as part of Lot 2, Block 1, Beach Street Market, Tarrant County, Texas, from Beach Fox Limited Partnership for property located north of Basswood Boulevard and east of North Beach Street (DOE 4624), necessary for the construction, operation, maintenance and repair of water facilities to serve Lot 2, Block 1, Beach Street Market Addition for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13955 There was presented Mayor and Council Communication No. L- Permanent 13955 from the City Manager recommending that the City Council Waterline approve the acceptance of one permanent waterline easement Easement described as A-858, Mary Johnson Survey, Tarrant County, Texas, from HIW, Ltd., for property located northwest of Beach Street and Long Avenue in Fort Worth (DOE 4240), needed for the installation of a domestic water meter vault and an irrigation meter box to provide service to Beach Street Commercial Warehouse Park for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13956 There was presented Mayor and Council Communication No. L- Permanent 13956 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement and Easement and one temporary drainage easement described as A 1396, Abraham Temporary Stallions Survey, Tarrant County, Texas, from KB Homes Lone Star Drainage LP for property located in West Tarrant County for the Amber Trails Easement Subdivision (DOE 4473), needed to construct and maintain storm drainage facilities for properties located south of Westpoint Boulevard and west of Academy Boulevard to serve various property owners in the Amber Trails subdivision for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13957 There was presented Mayor and Council Communication No. L- Sale of Tax- 13957 from the City Manager recommending that the City Council Foreclosed approve the sale of tax-foreclosed surplus property located at 508 Surplus Grant Avenue, Lot 813, Block A, Evans and Huffman Addition as Property allowed by the Texas Property Tax Code Section 34.05 (DOE 920), Located at 508 for the total amount of $1,759.70; and authorize the City Manager to Grant Avenue execute the appropriate deed conveying the property and record the necessary document. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 11 of 18 L-13958 There was presented Mayor and Council Communication No. L- Accept Parkland 13958 from the City Manager recommending that the City Council and Facility accept the dedication of 4.609 acres of parkland and any Improvements constructed facility improvements from Pulte Homes of Texas, from Pulte L.P., for Lasater Addition Phase I Section 2B in accordance with Homes of Texas, the Neighborhood and Community Park Dedication Policy. It was L.P. the consensus of the City Council that the recommendation be adopted. L-13959 There was presented Mayor and Council Communication No. L- Authorize a 13959 from the City Manager recommending that the City Council Pipeline License authorize the City Manager to enter into a 25-year pipeline license Agreement with agreement with the Burlington Northern and Santa Fe Railway Burlington Company for Liberty Crossing, Tributary BFC-4 Sewer Trunk Main Northern and (DOE 4476), for a total cost of $3,500.00, which includes a $1,000.00 Santa Fe charge for participation in the licensor's blanket insurance policy. Railway The developer will pay the total cost of the agreement, including Company insurance costs. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. L-13960 There was presented Mayor and Council Communication No. L- Street/Road 13960 from the City Manager recommending that the City Council Dedication Deed approve the acceptance of one street/road dedication deed described as J. Hibbins Survey, Abstract No. 638, Tarrant County, Texas, from TXU Electric Delivery Company for property located in North Fort Worth (DOE 4530), necessary for the construction and maintenance of North Railhead Road and Low Iron Crossing Drive at no cost to the City. Council Member Haskin made a motion, seconded by Council Member Picht, that the recommendation be adopted. The motion carried unanimously. PZ-2556 There was presented Mayor and Council Communication No. PZ- Ord. #16208 2556 from the City Manager recommending that the City Council Establish 30-day adopt Ordinance No. 16208 establishing a 30-day moratorium on Moratorium on the removal of protected trees equal to or greater than six inches in Removal of diameter on an acre or larger parcel of land without a permit from Protected Trees the City Forester pending consideration of the adoption of interim Without Permit regulations regarding the protection, replacement and replanting of from City trees. Council Member Haskin made a motion, seconded by Forester Council Member Lane, that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 12 of 18 Kenneth Jones Mr. Kenneth Jones, 3601 Hulen Street, appeared before Council in opposition to the moratorium. He stated that passage of the ordinance would be premature and that Council should allow the Task Force process to be completed. He requested that if Council adopted this ordinance, it not be extended beyond 30 days. The following individuals appeared before Council in support of the ordinance establishing the 30-day moratorium: Ms. Amy Helling 1009 Fox River Lane Ms. Nedia Dryden 7650 Meadowbrook Drive Mr. David Radke 308 Williams Road Ms. Judy Harman 2222 Winton Terrace East Ms. Jude Olson 7237 Meadowbrook Drive Ms. Charlene Lawrence 7301 Ellis Lane Mayor Moncrief also recognized the following individuals who were in support of the moratorium but did not wish to address Council: Ms. De De Smith 8000 Lowery Road Ms. Margaret DeMoss 3451 Green Arbor Court Ms. Susan Kennemer 451 Cooks Lane At Mayor Moncrief s request, Mr. Bob Riley, Development Department Director, clarified action that would be taken by staff relative to this issue. 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 C-20401 There was presented Mayor and Council Communication No. C- T Scott 20401 from the City Manager recommending that the City Council Properties, LLC. authorize the City Manager to execute a lease agreement with T Scott Properties, LLC., for approximately 11,000 square feet of parking area located at 2020 15th Avenue, Lots 13 and 14 for the Police Department, at a cost of$110.00 per month for one year; and approve the lease term of one year commencing on September 1, 2004 and expiring August 31, 2005. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 13 of 18 C-20402 There was presented Mayor and Council Communication No. C- Cook Children's 20402 from the City Manager recommending that the City Council Hospital, authorize the City Manager to execute an annual Terminal Building Medical Center Office Lease Agreement with Cook Children's Hospital, Medical Center for Suites B and C, consisting of 444 square feet of office space and one closed storage space at Fort Worth Spinks Airport. It was the consensus of the City Council that the recommendation be adopted. C-20403 There was presented Mayor and Council Communication No. C- Tarrant County 20403 from the City Manager recommending that the City Council College District authorize the City Manager to execute a lease agreement with Tarrant County College District for 29,400 square feet of hangar space (Hangar 51S), 47,340 square feet of improved land and 8,327 square feet of unimproved land at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-20404 There was presented Mayor and Council Communication No. C- Amendment #1 20404 from the City Manager recommending that the City Council to Chiang, Patel authorize the City Manager to execute Amendment No. 1 to the & Yerby, Inc. engineering agreement with Chiang, Patel & Yerby, Inc., for the construction management and inspection of Stagecoach Pump Station Improvements, thereby increasing the amount of the agreement by $57,630.00, from $129,069.45 to $186,699.45. It was the consensus of the City Council that the recommendation be adopted. C-20405 There was presented Mayor and Council Communication No. C- Ord. #16209 20405 from the City Manager recommending that the City Council Texas authorize the City Manager to accept a grant from the Texas Department of Department of Housing and Community Affairs in an amount not to Housing and exceed $1,600,000.00; authorize a non-interest bearing interfund Community loan from the General Fund to the Grants Fund in the amount of Affairs $320,000.00 for interim financing of this grant project pending contract execution; adopt Appropriation Ordinance No. 16209 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,600,000.00, subject to receipt of the grant from the Texas Department of Housing and Community Affairs, for the purpose of funding the Comprehensive Energy Assistance program; and apply indirect costs at the rate of 20.67 percent, which is the most recently approved rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 14 of 18 C-20406 There was presented Mayor and Council Communication No. C- Ord. #16210 20406 from the City Manager recommending that the City Council Texas authorize the City Manager to accept funds in an amount not to Department of exceed $1,200,000.00 from the Texas Department of Housing and Housing and Community Affairs for the Fiscal Year 2005 Community Services Community Block Grant program; authorize a non-interest bearing interfund Affairs loan from the General Fund to the Grants Fund in the amount of $300,000.00 for interim financing of this grant project pending contract execution; adopt Supplemental Appropriation Ordinance No. 16210 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,200,000.00, subject to receipt of the grant from the Texas Department of Housing and Community Affairs, for the purpose of funding the Community Services Block Grant program; and apply indirect costs at a rate of 20.67 percent, which represents the most recently approved rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. C-20407 There was presented Mayor and Council Communication No. C- Stabile & Winn, 20407 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $1,217,602.00 for pavement reconstruction and water and sanitary sewer replacements on Stanley Avenue from Berry Street to Dickson Street and from Pafford Street to Bolt Street. Council Member Haskin made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20408 There was presented Mayor and Council Communication No. C- Tarrant Regional 20408 from the City Manager recommending that the City Council Water District authorize the City Manager to execute an Interlocal Agreement with the Tarrant Regional Water District regarding the State Highway 121T Project. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20409 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. C-20409, Approval of Enhanced Community December 7, Facilities Agreement with Kimco Montgomery Plaza, L.P., for 2004 Construction of Street and Water and Sewer Services to Serve Montgomery Plaza, a Mixed-Use Development West of Downtown in the Cultural District, be continued until December 7, 2004. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 15 of 18 Regular Zoning It appeared to the City Council that the Notice of Public Hearing set Hearing 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, October 26 and 27, 2004. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-04-141 Council Member Stevenson made a motion, seconded by Council SP-04-035 Member Lane, that the application of Barato Bazaar LTD for a Approved change in zoning of property located in 6001 thru 6009 Jacksboro Highway from "PD-450" Planned Development Specific Use for all uses in "E" Neighborhood Commercial plus Halloween events to "PD/SU" Planned Development Specific Use for all uses in "E" Neighborhood Commercial plus Minor Auto Repair, Tire Sales and Installation; Arcade and Pool Hall (each not to exceed 3% of gross floor area); Rental Hall for Family Functions (not to exceed 6% of gross floor area and open no later than midnight and on-site security required during business hours); Potentially Hazardous Mobile Food Vendor, subject to no alcohol sales except as part of a restaurant and site plan required, Zoning Docket No. ZC-04-141 and Site Plan No. SP-04-035, be approved. The motion carried unanimously. ZC-04-294 Mr. Jim Dunaway, 777 Taylor Street, appeared before Council in Returned to City support of the denial and requested that Lots 15R and 16R, Block Zoning 79, be removed from consideration as lots were purchased by his Commission son-in-law based on a previous zoning change. Jim Dunaway Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the application of City of Fort Worth for a change in zoning of property located in the 5200 thru 5600 Block of El Campo Avenue and 2409 Faron Street from "B" Two-Family Residential to "A-5" One-Family Residential, Zoning Docket No. ZC- 04-294, be returned to the City Zoning Commission and the zoning change exclude Lots 15R and 16R, Lot 79. The motion carried unanimously. Council Member Stevenson encouraged individuals both in support and opposition of the zoning change to attend the City Zoning Commission meeting and provide their input. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 16 of 18 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 Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16211 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. The motion carried unanimously. Second Public It appeared that the City Council set today as the date for the Hearing for second public hearing for Proposed Voluntary Full Purpose Proposed Annexation of Approximately 40.98 Acres of Land in Tarrant Voluntary Full County, located north of the intersection of North Riverside Drive Purpose and Keller Hicks Road. Mayor Moncrief opened the public hearing Annexation of and asked if there was anyone present desiring to heard. Approximately 40.98 Acres Ms. Allison Gray, representing the Development Department, Located North of appeared before Council and presented a staff report. Intersection of North Riverside There being no one present desiring to be heard in connection with Drive and Keller the second public hearing for the proposed voluntary full purpose Hicks Road (AX- annexation, Council Member Lane made a motion, seconded by 04-011 Village of Council Member Haskin, that the public hearing be closed. The Woodland motion carried unanimously. Springs) CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 17 of 18 Citizen Ms. Gigi Goesling, 4301 Kenwood Court, appeared before Council Presentations and requested their assistance in the repair of the street and Gigi Goesling various properties in her historical neighborhood. City Manager Boswell requested Ms. Goesling meet with Acting Assistant City Manager Dale Fisseler and Mr. Doug Rademaker, Engineering Department Director, to resolve her concerns. John Suggs Mr. John Suggs, 2400 Cypress, representing the Presbyterian Night Shelter, appeared before Council and provided an update to the Bottle Bounty Program. He stated at over one million bottles had been collected over the past year and requested that the Council look at funding the program for at least one year. He added that approximately $150,000.00 would be needed for the purchase of a heavy-duty vehicle and trailer for collection efforts and to fund a position for someone to manage the program. Melinda Ms. Melinda Hamilton, 6255 Truman Drive, and Mr. Frank Lewis, Hamilton, 2312 Carruthers Drive, representing his mother, appeared before Frank Lewis Council and asked for Council's assistance to resolve drainage problems created by a Public Storage development in their neighborhood. Council Member Wheatfall asked staff to look at the site plan for the Public Storage development to ascertain if the drainage problems resulted from that development. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:51 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules, as authorized by Section 551.071 of the Texas Government Code: a) Ex Parte Lone Star Local Government Corporation and the City of Fort Worth, Texas, Cause No. 67-208473-04; b) City of Fort Worth v. 3120 Precinct Line Road LLC and Walker Branch Recycling, Inc., Cause No. 04-20857-2; c) Herman "Clay" Smith v. City of Fort Worth, Cause No. 04-01-056 (Wise County); CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 16, 2004 PAGE 18 of 18 d) Fort Worth and Western Railroad Company v. City of Fort Worth, No. 4-03CV-139-Y (5th Circuit Court of Appeals — 04-10433); e) Wherehouse Entertainment, Inc., Cause No. 03-10244; f) Legal issues concerning Waste Management of Texas, Inc., property at the 3700 block of Linkcrest Drive; g) Legal issues concerning the Southwest Parkway (S.H. 121 T); h) Legal issues concerning the Riverside Wastewater Treatment Plant; i) Legal issues concerning tree preservation; j) 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. Adjournment There being no further business, the meeting was adjourned at 1:15 p.m. These minutes approved by the Fort Worth City Council on the 30th day of November, 2004. Attest: Approved: Marty HenA x chael oncri f City Secretary Mayor