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HomeMy WebLinkAbout2004/11/02-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 Date & Time On the 2nd day of November, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:02 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Donavan Wheatfall, 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 Reggie Jackson, First St. John Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Lane, seconded by Council Member Wheatfall, the minutes of the regular meeting of October 26, 2004, were approved unanimously. Special Council Member Davis and Mayor Pro tempore McCloud presented Presentations a Proclamation for Imagination Celebration Days to Ms. Ginger Head, Executive Director of Fort Worth Imagination Celebration. City Secretary Hendrix stated that at the request of the Fort Worth Independent School District, the presentation of a Proclamation for Great Neighbors Make Great Schools Week would be postponed until the Spring of 2005. Council Member Haskin presented Certificates of Recognition to former board and commission members as follows: Mr. Jim Keyes, Board of Directors of the Employees' Retirement Fund Ms. Rita Vinson, Community Development Council Dr. Michael L. Morris, Animal Shelter Advisory Committee Mayor Moncrief also recognized the following former board and commission members who were unable to attend the Council meeting to receive their Certificates of Recognition: Ms. Amy Helling, City Zoning Commission and Fort Worth Alliance Airport Zoning Commission CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 2 of 18 Mr. David Manning, Board of Directors of the Employees' Retirement Fund Mr. Gerald Esparza, Board of Directors of the Employees' Retirement Fund Dr. Stuart A. Youngblood, Civil Service Commission Ms. Elizabeth Pryor, Community Development Council Mr. Doug Utter, Construction and Fire Prevention Board of Appeals Council Member Silcox recognized Mr. Jim Newgard as the new Director of the Employees' Retirement Fund. Announcements Mayor Pro tempore McCloud invited everyone to attend a meeting of the Evans and Rosedale Business and Cultural District on November 8, 2004 at 6:00 p.m. at the Southside Multi-Purpose Center where consultants Stanley Love Stanley would present design concepts and receive public input for the public health facility and library and renovation of the historic Tommy Tucker Building. He also announced that on November 10, 2004 from 6:30 p.m. to 8:30 p.m. at the Botanic Gardens, a meeting would be held to address homelessness in the community and invited everyone interested to attend. Withdrawn from Interim City Manager Boswell requested that Mayor and Council Consent Agenda Communication No. C-20376 be withdrawn from the consent agenda. Mayor Moncrief requested that Mayor and Council Communication No. L-13943 be withdrawn from the consent agenda and advised that he would be abstaining from consideration & discussion of this item due to a conflict of interest. Continued/ Interim City Manager Boswell requested that Mayor and Council Withdrawn By Communication Nos. C-20376 be withdrawn and that L-13927 be Staff continued for one week. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Davis, the consent agenda, as amended, was adopted unanimously. Presentations by Council Member Picht made a motion, seconded by Council City Council Member Stevenson, that the following individuals be reappointed Appointments to boards and commissions as indicated effective November 2, 2004 and with terms expiring October 1, 2006. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 3 of 18 a. Mr. James Godfrey -Aviation Advisory Board - Place 6 b. Mr. Bill Frey - Board of Adjustment and Fort Worth Alliance Airport Board of Adjustment- Place 6 c. Mr. Michael Noskin - City Zoning Commission and Fort Worth Alliance Airport Zoning Commission- Place 6 d. Ms. Sally Allsup - Historic and Cultural Landmarks Commission- Place 6 e. Mr. Michael Noskin - Scenic Preservation and Design Review Commission- Place 6 The motion carried unanimously. Council Member Lane made a motion, seconded by Council Member Wheatfall, to reappoint Mr. Louis Ayala to the Golf Advisory Committee effective November 2, 2004 and with a term expiring October 1, 2006. The motion carried unanimously. Appointment of Council Member Davis made a motion, seconded by Mayor Pro City Manager tempore McCloud, to appoint Charles Boswell as City Manager effective November 2, 2004. A lengthy conversation ensued amongst Council Members whereby Council Member Stevenson called for the question, and it was seconded by Mayor Pro tempore McCloud. The motion was carried unanimously. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Member Picht ABSENT: None Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 4 of 18 OCS-1449 There was presented Mayor and Council Communication No. OCS- Claims 1449 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. G-14559 There was presented Mayor and Council Communication No. G- Re-Allocate 14559, dated October 26, 2004, from the City Manager Funds for Start- recommending that the City Council authorize the designation and up Operating reallocation of $50,000.00 to support the start-up of Fort Worth Capital for Fort Central Community Development Corporation from Community Worth Central Development Block Grant funds designated by City Council to Community establish a private sector home improvement loan fund; authorize Development the City Manager to execute a contract with Fort Worth Central Corporation Community Development Corporation to expend the allocated funds consistent with the intended use of the fund; and authorize the City Manager to amend the contract as needed, provided the amendment is consistent with applicable laws and regulations and with the goals of providing support to Fort Worth Central Community Development Corporation and its home rehabilitation loan fund. Council Member Wheatfall made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14566 There was presented Mayor and Council Communication No. G- Res. #3135 14566 from the City Manager recommending that the City Council Adopt Standard adopt Resolution No. 3135 approving a standard fine amount for Fine for Meter parking offenses listed in the City Code to include meter feeding Feeding Parking violations. It was the consensus of the City Council that the Offenses recommendation be adopted. G-14567 There was presented Mayor and Council Communication No. G- Ord. #16191 14567 from the City Manager recommending that the City Council Assignment Pay adopt Ordinance No. 16191 amending Chapter 27 of the Code of - Police Field the City of Fort Worth, Texas (1986); providing for the payment of Training Officers assignment pay to officers serving as Field Training Officers within the Police Department. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 5 of 18 G-14568 There was presented Mayor and Council Communication No. G- Ord. #16192 14568 from the City Manager recommending that the City Council Transfer Funds adopt Supplemental Appropriation Ordinance No. 16192 increasing from Municipal estimated receipts and appropriations in the Special Trust Fund, Court Building Municipal Court Building Security Fund in the amount of Security Fund to $416,068.24 from available funds for the purpose of transferring General Fund for funds to the General Fund; and authorize the City Manager to FY2003-2004 transfer $416,068.24 from the Municipal Court Building Security Annual Building Fund to the General Fund. It was the consensus of the City Security Costs Council that the recommendation be adopted. G-14569 There was presented Mayor and Council Communication No. G- Expand Military 14569 from the City Manager recommending that the City Council Pay Supplement authorize the expansion of the Military Leave Supplemental Pay Benefit and and Leave Fund policy so that City employees who are activated to Military Leave military service as a result of the terrorist attacks upon the United Fund Policy States will receive a supplement up to 100 percent of their regular City pay for a period of up to one year. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Mayor Moncrief extended appreciation to City Manager Boswell and City staff for their expeditious handling of this issue. He added that he was very proud the City could provide this supplement to City employees temporarily serving in the military. G-14570 There was presented Mayor and Council Communication No. G- Waive 14570 from the City Manager recommending that the City Council Temporary waive temporary encroachment fees for the West Berry Place Encroachment Mixed Use Development for use of public sidewalks and public Fee for W. Berry streets along West Berry Street, Waits Street, Greene Street and Place Mixed-Use Bowie Street. Council Member Davis made a motion, seconded by Development Council Member Wheatfall, that the recommendation be adopted. The motion carried unanimously. G-14571 There was presented Mayor and Council Communication No. G- Temporary 14571 from the City Manager recommending that the City Council Close Main approve the temporary closure of Main Street between 3rd Street Street Between and 4th Street from November 15, 2004 until January 6, 2005 for the 3rd Street and Annual Christmas Tree Display sponsored by Sundance Square 4th Street for Management and Texas Motor Speedway. Council Member Annual Stevenson made a motion, seconded by Council Member Silcox, Christmas Tree that the recommendation be adopted. The motion carried Display unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 6 of 18 Mayor Moncrief stated that this year's tree was being provided by Speedway Charities and expressed appreciation to them for the tree. Council Member Davis expressed the City's appreciation to the Jaycees for donating the trees for many years. G-14572 There was presented Mayor and Council Communication No. G- Authorize 14572 from the City Manager recommending that the City Council Settlement of All approve the proposed settlement of the claims with HUBEND 54, Claims with Ltd., a Texas Limited Partnership and VLMC, Inc., for the taking of HUBEND 54, property for right-of-way for State Highway 121T (SH 121T); Ltd., a Texas authorize the payment of $3,800,000.00 to HUBEND 54, Ltd., a Limited Texas Limited Partnership and VLMC, Inc., and its successors or Partnership, and assigns or both in settlement of their claims for the taking of their VLMC, Inc. for property; and authorize the appropriate City representatives to Taking Property execute the documents necessary to complete the settlement. for State Council Member Silcox made a motion, seconded by Council Highway 121T Member Stevenson, that the recommendation be adopted. The Right-of-Way motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on the Consideration of a Resolution Requesting that the Board of Directors of the Fort Worth Crime Control and Prevention District Order an Election Referendum to be Held on February 5, 2005, on the Continuation of the District. Mayor Moncrief asked if there was anyone present desiring to be heard. Assistant City Attorney Cynthia Garcia, representing the Law Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14573 as follows: G-14573 There was presented Mayor and Council Communication No. G- Res. #3136 14573 from the City Manager recommending that the City Council Request Board hold a public hearing concerning the resolution requesting the of Directors of Board of Directors of the Fort Worth Crime Control and Prevention Fort Worth District order an election referendum to be held on February 5, Crime Control 2005, on the continuation of the District and its one-half cent sales and Prevention tax; and adopt Resolution No. 3136 requesting that the Fort Worth District Order an Crime Control and Prevention District order an election referendum Election to be held on February 5, 2005, on the continuation of the Crime Referendum for Control and Prevention District and one-half cent sales tax. February 5, 2005 CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 7 of 18 Monnie Gilliam Mr. Monnie Gilliam, 1100 Vicki Lane, appeared before Council in support of this issue. He expressed concern that there was rumor or a statement that had been made at one of the public meetings that the new budget would allegedly eliminate funding for the After School Program and requested that Council publicly confirm or deny the allegation. He also stated that more funds needed to be dedicated to prevention of crime through education. Mayor Moncrief stated that support of the After School Program was not only going to be continued with the new budget, but increased. However, he added that if the proposition was not approved on February 5, 2005, alternate means of funding the program would have to be evaluated. Johnny Lewis Mr. Johnny Lewis, 953 E. Terrell Avenue, appeared before Council in support of this issue. He summarized the positive work that had been done in the community resulting from the current budget, but added that more could be done with increased funding. There being no one else present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G-14573, requesting the Board of Directors of the Fort Worth Crime Control and Prevention District order an election referendum to be held on February 5, 2005, on the continuation of the District and its one- half cent sales tax; and adopt Resolution No. 3136 requesting that the Fort Worth Crime Control and Prevention District order an election referendum to be held on February 5, 2005, on the continuation of the Crime Control and Prevention District and one- half cent sales tax for an additional five years. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Member Picht ABSENT: None Council Member Stevenson expressed appreciation to Mr. Gilliam for coming forward and advising Council of erroneous information being communicated throughout the City about the After School Program issue. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 8 of 18 G-14574 There was presented Mayor and Council Communication No. G- Budget 14574 from the City Manager recommending that the City Council Amendment to authorize the City Manager to submit to the Crime Control and CCPD Board of Prevention District (CCPD) Board of Directors a request for an Directors to amendment of $235,000.00 to the FY 2005 CCPD budget to allocate Fund CCPD funding for the continuation election of the CCPD scheduled for Continuation February 5, 2005. Election Council Member Picht stated that he would not support conducting the election in February 2005 when time and money could be saved by conducting the election in conjunction with the City Council election on May 7, 2005. Council Member Silcox responded affirmatively to Mayor Moncrief's inquiry relative to cost of the election being borne by the Crime Control and Prevention District. Council Member Picht clarified that he was not opposed to conducting the election; however, he opposed the election being conducted separately in February 2005. Council Member Davis called for the question, and it was seconded by Council Member Wheatfall. The motion carried unanimously. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Member Picht ABSENT: None P-10033 There was presented Mayor and Council Communication No. P- Scrap Tire 10033 from the City Manager recommending that the City Council: Transporting and Processing 1. Authorize a purchase agreement for scrap tire transporting and processing with Recovery Technologies Group of Texas for the City of Fort Worth based upon the "best value." Payment is due 30 days from date the invoice is received; CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 9 of 18 Description and Department Unit Cost Scrap tires picked up at various Environmental $100.00 per ton Management Collection Points Scrap tires picked up at Equipment Services, Tire No Charge Shop 2. Authorize this agreement to begin November 1, 2004 and expire on October 31, 2005, with options to renew for four additional one-year periods; and 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." It was the consensus of the City Council that the recommendation be adopted. P-10034 There was presented Mayor and Council Communication No. P- Ord. #16193 10034 from the City Manager recommending that the City Council Transportation approve the transfer of $49,375.00 from undesignated funds in the and Disposal Environmental Management Operating Fund to the Environmental Services Management Project Fund; adopt Appropriation Ordinance No. 16193 increasing estimated receipts and appropriations in the Environmental Management Fund in the amount of $49,375.00 from available funds, for the purpose of funding transportation and disposal services from Independent Environmental Services of Texas, Inc., for removal of non-hazardous demolition debris; and authorize the City Manager to pay Independent Environmental Services of Texas, Inc., $91,875.00 ($87,500.00 plus a five percent contingency of $4,375.00) for the transportation and disposal of non-hazardous demolition debris at 3700 North Grove Street, which is the location of the abandoned Texas Tanning rendering plant. Council Member Lane made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Council Member Lane expressed appreciation to all the City staff who worked so diligently on this issue. L-13927 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L-13927, Condemnation of One Permanent One Week Sanitary Sewer Easement on a Parcel of Land Owned by Lee Bass, Trustee (DOE 4159), be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 10 of 18 L-13943 There was presented Mayor and Council Communication No. L- Permanent 13943 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement, one Easement, permanent sanitary sewer easement and one right-of-way agreement Permanent described as A 1210, T. Peck Survey, Tarrant, Texas, from Basswood Sanitary Sewer 113, a Texas Limited Partnership for property located North Tarrant Easement and County (DOE 4241), needed for right-of-way to construct a storm Right-of-Way drain line and a sanitary sewer line for properties located east of Agreement Blue Mound Road and west of IH35W for the proposed Basswood Boulevard Project, for a total cost of $3.00. Mayor Moncrief advised Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. L- 19343 be adopted. The motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Wheatfall, Picht, Stevenson, and Davis NOES: None ABSENT: None NOT VOTING: Mayor Moncrief L-13944 There was presented Mayor and Council Communication No. L- Permanent 13944 from the City Manager recommending that the City Council Sanitary Sewer declare the necessity of taking an interest in a portion of a parcel Easements of land described as Lost Creek Addition, Phase 2, an addition to the City of Fort Worth, Tarrant County, Texas, owned by Somerset- Lost Creek Golf, Ltd. (DOE 4162), to provide sanitary sewer service to the Walsh Ranch addition and surrounding area located south of Mary's Creek; and authorize the City Attorney to institute condemnation proceedings to acquire an interest in the land. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing on the Authorization for Conversion of a 0.030 Acre Portion of Z Boaz Park South for a Water Line Easement. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 11 of 18 Mr. Harold Pitchford, representing the Parks and Community Services Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. L- 13945 as follows: L-13945 There was presented Mayor and Council Communication No. G- Water Line 13945 from the City Manager recommending that the City Council: Easement conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; find that no feasible or prudent alternative exists for locating the proposed water line in Z Boaz Park South; find that the proposed water line easement includes all reasonable planning to minimize harm to the parkland; and close the public hearing and authorize the City Manager to convert 0.030 acres of dedicated parkland for use as a water line easement to be placed in a portion of land situated in Z Boaz Park South, J. S. Wilburn Survey, Abstract No. 1680, Tarrant County, Texas and being a portion of Block 3, Z Boaz Park South, Tarrant County, Texas. There being no one present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. L-13945 be adopted. The motion carried unanimously. PZ-2554 There was presented Mayor and Council Communication No. PZ- Ord. #16194 2554 from the City Manager recommending that the City Council Vacate Portion adopt Ordinance No. 16194 vacating a portion of Randol Mill Road of Randol Mill right-of-way from the south boundary of Lot 1, Block M of the Road Right-of- Bentley Village Addition to the north right-of-way line of John T Way White Road, Tarrant County, Texas. It was the consensus of the VA-01-028 City Council that the recommendation be adopted. C-20371 There was presented Mayor and Council Communication No. C- Antero 20371 from the City Manager recommending that the City Council Resources authorize the City Manager to execute a Public Right-of-Way Use Pipeline, LP Agreement with Antero Resources Pipeline, LP (Antero), that grants Antero a license to use certain streets and public rights-of- way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 12 of 18 C-20372 There was presented Mayor and Council Communication No. C- World Affairs 20372 from the City Manager recommending that the City Council Council of authorize the City Manager to execute a contract in the amount of Greater Fort $39,625.00, with the World Affairs Council of Greater Fort Worth. It Worth was the consensus of the City Council that the recommendation be adopted. C-20373 There was presented Mayor and Council Communication No. C- DeOtte, Inc. 20373 from the City Manager recommending that the City Council authorize the City Manager to execute an engineering agreement with DeOtte, Inc., Civil Engineering, in the amount of $95,590.00 for miscellaneous drainage improvements to Arrowood Channel, Mercado Channel, Cottonwood Creek and Fosdic Lake Spillway — Contract D (City Project 00096). It was the consensus of the City Council that the recommendation be adopted. C-20374 There was presented Mayor and Council Communication No. C- Carter & 20374 from the City Manager recommending that the City Council Burgess, Inc. authorize the City Manager to execute an engineering agreement with Carter & Burgess, Inc., in the amount of $96,122.56 for the Trinity Boulevard culvert improvements at Valley View Branch Channel (City Project 00100). It was the consensus of the City Council that the recommendation be adopted. C-20375 There was presented Mayor and Council Communication No. C- Texas 20375 from the City Manager recommending that the City Council Department of authorize the City Manager to execute an agreement with the Texas Public Safety Department of Public Safety to coordinate efforts in the inspection of commercial motor vehicles, their drivers and cargo within the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. C-20376 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20376, Adoption of Ordinance Amending City of Fort Worth Ordinance No. 15853 for Sewer Per Acre Charge for Main M-264* Sewer Main, be withdrawn. C-20377 There was presented Mayor and Council Communication No. C- Amendment #5 20377 from the City Manager recommending that the City Council to CSC #27615, authorize the City Manager to execute Amendment No. 5 to City Alan Plummer Secretary Contract No. 27615 with Alan Plummer Associates, Inc., Associates, Inc. for the design of the Lake Worth South Sewer System in the amount of $154,549.00, increasing the total contract amount to $1,173,918.78. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 13 of 18 C-20378 There was presented Mayor and Council Communication No. C- Lattimore 20378 from the City Manager recommending that the City Council Materials authorize the provision of water service be provided to 10501 Company Cleburne Road, located in Tarrant County, outside of the Fort Worth City limits. It was the consensus of the City Council that the recommendation be adopted. C-20379 There was presented Mayor and Council Communication No. C- Change Order 20379 from the City Manager recommending that the City Council No. 3 to CSC authorize the City Manager to execute Change Order No. 3 to City #28994, Archer Secretary Contract No. 28994 with Archer Western Contractors, Western Ltd., in the amount of $49,421.14, thereby increasing the contract Contractors, Ltd. amount to $15,277,040.56. It was the consensus of the City Council that the recommendation be adopted. C-20380 There was presented Mayor and Council Communication No. C- Charles W. 20380 from the City Manager recommending that the City Council Evans authorize the City Manager to enter into a one-year contract agreement in an amount not to exceed $95,000.00 with Charles W. Evans for personal services involving consultation with the City of Fort Worth and representation of the City before the state legislature, state agencies and the Office of the Governor; and approve a term for the recommended contract from October 1, 2004 to September 30, 2005 with a one-year option to renew at the same terms and conditions. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-20381 There was presented Mayor and Council Communication No. C-20381 Spirit of Prayer from the City Manager recommending that the City Council authorize Community and the reallocation of $50,000.00 in Community Housing Development Economic Organization (CHDO) funds under Federal HOME Program Year 2004; Development authorize the City Manager to execute a contract with Spirit of Prayer Corporation Community and Economic Development Corporation, not to exceed a total of$50,000.00, in Fiscal Year 2004 HOME CHDO Support Funds to assist the organization with payment of operating costs; authorize the contract performance period to begin on the date of the contract execution and end twelve months thereafter; authorize extension or renewal of the contract for up to one year, if the organization requests an extension; and authorize the City Manager to amend the contract, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. Council Member Wheatfall made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 14 of 18 Council Member Wheatfall expressed appreciation to the Spirit of Prayer Community and Economic Development Corporation for all their work in the Stop Six area. C-20382 There was presented Mayor and Council Communication No. C- Crime 20382 from the City Manager recommending that the City Council Prevention authorize the City Manager to execute a contract amendment with Resource Center the Crime Prevention Resource Center (CPRC) in an amount up to $235,195.00 for a term of one-year beginning on November 1, 2004 and ending on October 31, 2005. The terms of the contract will include a 30-day option out clause without cause and a requirement that the CPRC provide the City with a complete program review by the end of the first five months of the contract. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20383 There was presented Mayor and Council Communication No. C- Marbur 20383 from the City Manager recommending that the City Council Development, authorize the City Manager to execute a Community Facilities Inc. Agreement with Marbur Development, Inc., for the installation of water services to serve FMC Clinic #1151. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20384 There was presented Mayor and Council Communication No. C- Mint Creek LTD. 20384 from the City Manager recommending that the City Council by Mint Creek authorize the City Manager to execute a Community Facilities Development Agreement with Mint Creek LTD., by Mint Creek Development L.L.C. L.L.C., its general partner, for the installation of water and sewer services to serve Liberty Crossing, Phase 1, located in northwest portion of the City of Fort Worth. Council Member Stevenson made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-20385 There was presented Mayor and Council Communication No. C- MDC — The 20385 from the City Manager recommending that the City Council Trails, a Limited authorize the City Manager to execute a Community Facilities Partnership Agreement with MDC — The Trails, a Limited Partnership, for the installation of sewer services to serve Liberty Crossing - Sanitary Sewer Trunk Main. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 15 of 18 C-20386 There was presented Mayor and Council Communication No. C-20386 Golden Triangle from the City Manager recommending that the City Council authorize Retail Partners, the City Manager to execute a Community Facilities Agreement with Ltd., by Golden Golden Triangle Retail Partners, Ltd., by Golden Triangle Partners, Triangle GP, Ltd., for the installation of water and sewer services to serve Partners, GP, Ltd. North Beach at Golden Triangle, which serves Crawford Farms Plaza. (Council Member Wheatfall stepped away from the dais.) Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20387 There was presented Mayor and Council Communication No. C-20387 SO7 #1, L.P. from the City Manager recommending that the City Council authorize the City Manager to execute an amendment to the Economic and Community Development Agreement between the City and SO7 #1 regarding the South of Seventh development project. Council Member Davis made a motion, seconded by Council Member Silcox, 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 the Fort Worth Crime Control and Prevention District (CCPD) FY 2006 Funding Application. Mayor Moncrief asked if there was anyone present desiring to be heard. Deputy Chief Pat Kneblick representing the Police Department, appeared before Council, gave a staff report, and stated that an Mayor and Council Communication would be prepared for Council consideration next week. Fort Worth There being no one present desiring to be heard in connection with CCPD FY 2006 the public hearing, Council Member Lane made a motion, Funding seconded by Council Member Stevenson, that the public hearing Application be closed. The motion carried unanimously. ZC-04-073 It appeared that the City Council, at its meeting of October 26, Ord. #16195 2004, continued the hearing of the application of Nance Properties Approved North for a change in zoning of property located in the 200 thru 800 Blocks of Avondale - Haslet Road from "AG" Agricultural to "G" Intensive Commercial (66.9 Acres); "E" Neighborhood Commercial (92.33 Acres); "MU-2" High Intensity Mixed Use (139.0 Acres); "C" Medium Density Multi Family Residential (174.87); "R-2" Townhouse/Cluster Residential (92.89 Acres) and "A-5" One-Family Residential (545.25 Acres), Zoning Docket No. ZC-04-073. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 16 of 18 There being no one present desiring to be heard in connection with the application of Nance Properties North, Council Member Stevenson made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC- 04-073 be approved. The motion carried unanimously. Council Member Stevenson expressed appreciation to Fernando Costa, Planning Department Director, and his staff for all their work on this zoning case. 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 Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16195 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. (Council Member Wheatfall returned to his chair at the dais.) ZC-04-290 It appeared that the City Council, at its meeting of October 19, Ord. #16196 2004, continued the hearing for Zoning Docket No. ZC-04-290, Text Text Amendment Amendment concerning Signs & Banners. Mayor Moncrief asked if Approved there was anyone present desiring to be heard. City Attorney Yett stated that staff recommended Council adopt the original ordinance with the exclusion of Supergraphic Signs and Electronic Message Display Signs reflected in Exhibit A. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 17 of 18 There being no one present desiring to heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Silcox, that the Zoning Hearing be closed, and Zoning Docket No. ZC-04-290 be approved with the exclusion of Supergraphic Signs and Electronic Message Display Signs reflected in Exhibit A, and the following ordinance be adopted: ORDINANCE NO. 16196 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, AMENDING "SIGNS AND BANNERS" OF THE DOWNTOWN URBAN DESIGN STANDARDS AS REQUIRED BY SECTION 4.1200D "DOWNTOWN URBAN DESIGN STANDARDS ADOPTED" OF CHAPTER 4, "DISTRICT REGULATIONS OF ARTICLE 12 "URBAN DESIGN DISTRICTS"; AMENDING SECTION 6.402 "EXEMPT SIGNS" OF ARTICLE 4, "SIGNS" OF CHAPTER 6 "DEVELOPMENT STANDARDS" TO EXCLUDE SIGNS LOCATED IN THE DOWNTOWN URBAN DESIGN DISTRICT FROM THE REGULATIONS OF THAT CHAPTER; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously. Citizen The following individuals appeared before Council and expressed Presentations concern with the clear cutting of trees by developers in the City. They requested Council institute a tree preservation ordinance or impose an immediate but temporary moratorium on the clear cutting of trees to protect the environment and the City's natural resources. Several individuals provided photographs of the clear cutting in areas of the City and other handout information. Nedia Dryden, Ms. Nedia Dryden 7650 Meadowbrook David Radke, Mr. David Radke 308 Williams Road Judy Harman, Ms. Judy Harman 2222 Winton Terrace East James Jaegerman Mr. James Jaegerman 7909 Lowery Road De De Smith Ms. De De Smith, 8000 Lowery Road, appeared before Council also in support of the tree preservation ordinance. She also inquired about the 100' distance requirements of livestock from residential areas. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 2, 2004 PAGE 18 of 18 Mr. Bob Riley, Development Department Director, stated that this issue was part of the Health Code and administered by the Code Compliance Department. He stated that he would work with Carl Smart, Code Compliance Department Director and provide a response to Council and Ms. Smith. Frank Aboytes Mr. Frank Aboytes, 2404 Bird, appeared before Council relative to an incident which occurred October 28, 2004 with a funeral procession escort. Mayor Moncrief asked Mr. Aboytes to meet with Deputy Chief Pat Kneblick after the meeting to resolve this issue. Joan Crownover Ms. Joan Crownover, 1041 E. Robert Street, appeared before Council relative to an incident at a Family Dollar store in her area of the City. She alleged the store manager physically assaulted a woman who was caught shoplifting and when Police arrived, they did not tend to the woman's injuries. Mayor Moncrief informed Ms. Crownover that the matter was currently under investigation by the Police Department. Ms. Crownover advised she had numerous other issues that needed to be addressed in her neighborhood and requested to present all of them. Mayor Moncrief requested she provide her list of issues in writing so they could be reviewed and addressed. Adjournment There being no further business, the meeting was adjourned at 8:35 p.m. These minutes approved by the Fort Worth City Council on the 91h day of November, 2004. Attest: Approved: r Marty Hen ix Mich el J. Moncrief City Secretary Mayor