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HomeMy WebLinkAbout2004/11/30-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 Date & Time On the 30th day of November, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:07 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; 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 Minister Reggie Jackson, First Saint John Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Council Member Davis, the minutes of the regular meeting of November 16, 2004, were approved unanimously. Special Mayor Pro tempore McCloud presented a Proclamation for Presentations Cowtown Brush Up Appreciation Day to the following Silver Brush Sponsors: Always a Memory Video Ben E. Keith Burlington Northern Santa Fe Railway CH2M Hill Charter Communications Colonial Savings Coors Distribution Company Empire Disposal & Roofing Company Ford Motor Credit Company Fort Worth Opportunity Center Kelly-Moore Paint Company Providian Financial Corporation Sprint PCS State Farm Mutual Automobile Insurance Company Wal-Mart #1455 Xerox (Council Member Haskin stepped away from the dais.) CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 2 of 17 Council Member Wheatfall presented a Proclamation for Kids' Cafe Day to Mr. Bo Soderbergh, Executive Director of the Tarrant Area Food Bank. Council Member Davis recognized Ms. Catherine Simpson, Director of the Women's Business Center, as a "Woman of Influence". Announcements Council Member Lane announced that tickets were now on sale for the Fort Worth Stockshow and Rodeo, January 14 through February 6, 2005. Council Member Silcox requested that City Manager Boswell provide a briefing to the Council on the relocation of the Fire and Police Training Academy as part of the next Trinity River Vision presentation. Withdrawn from There were no items withdrawn from the consent agenda. Consent Agenda Continued/ There were no items continued or withdrawn by staff. Withdrawn By Staff Consent Agenda On motion of Council Member Davis, seconded by Council Member Stevenson, the consent agenda was adopted unanimously.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. #3146 There was presented Resolution No. 3146 appointing the following Appoint individuals to serve on the Fort Worth Arts Commission effective Members to Fort November 30, 2004 and with terms expiring September 30, 2006: Worth Arts Commission Becky Lawton, Curator Place 2 Albert Komatsu, Design Professional Place 4 Janet Tyson, Artist Place 6 Burl Washington Place 8 Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the resolution be adopted. The motion carried unanimously. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 3 of 17 OCS-1453 There was presented Mayor and Council Communication No. OCS- Claims 1453 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-14462 There was presented Mayor and Council Communication No. G- Continued for 14462, dated August 17, 2004, from the City Manager One Week recommending 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 recommendation be continued one week. The motion carried unanimously. G-14590 There was presented Mayor and Council Communication No. G- Ord. #16212 14590 from the City Manager recommending that the City Council Accept Grant authorize the City Manager to accept a grant amendment for Amendment additional funds from the Texas Department of Housing and from Texas Community Affairs in the amount of $315,000.00 for the period Department of April 1, 2004 through March 31, 2005; and adopt Appropriation Housing and Ordinance No. 16212 increasing estimated receipts and Community appropriations in the Grants Fund in the amount of $315,000.00 Affairs for subject to receipt of the grant from the Texas Department of Weatherization Housing and Community Affairs for the purpose of funding the Assistance Weatherization Assistance Program. It was the consensus of the Program City Council that the recommendation be adopted. G-14591 There was presented Mayor and Council Communication No. G- Res. #3147 14591 from the City Manager recommending that the City Council Increase authorize the City Manager to adopt Resolution No. 3147 fixing in Maximum advance, as far as practical, increasing the maximum amount to be Amount to be paid to outside legal counsel Alan Glen and other attorneys in the Paid to Smith, firm of Smith, Robertson, Elliott, Glen, Klein & Bell not to exceed Robertson, $120,000.00 for assistance in legal issues concerning SH121T. It Elliot, Glen, was the consensus of the City Council that the recommendation be Klein and Bell adopted. for SH121T Assistance CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 4 of 17 G-14592 There was presented Mayor and Council Communication No. G- Interlocal 14592 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute an Interlocal Agreement with Tarrant County Tarrant County to continue to provide disease control services for for Disease Fiscal Year 2004-2005 for an amount not to exceed $170,004.00. It Control Services was the consensus of the City Council that the recommendation be adopted. G-14593 There was presented Mayor and Council Communication No. G- Ord. #16213 14593 from the City Manager recommending that the City Council Transfer Year authorize the transfer of $4,691.30 from the Grants Fund to the 2003 After Special Trust Fund; and adopt Appropriation Ordinance No. 16213 School Snack increasing estimated receipts and appropriations in the Special Program Excess Trust Fund in the amount of $4,691.30 from available funds for the Funds to Special purpose of funding startup program costs. It was the consensus Trust Fund of the City Council that the recommendation be adopted. G-14594 There was presented Mayor and Council Communication No. G- Adopt 2005 14594 from the City Manager recommending that the City Council: State Legislative Program 1. Adopt the 2005 State Legislative program; 2. Authorize and direct the City Manager and the City's Governmental Relations staff to distribute copies of the City's State Legislative Program to members of the Texas Legislature and other interested stakeholders; 3. Authorize and direct the City Manager and the City's Governmental Relations staff to seek legislative authors for the City's adopted critical legislative needs (i.e. — the City's most pressing legislative issues) and to initiate the bill drafting process; 4. Authorize and direct the City Manager and the City's Governmental Relations staff to initiate advocacy and lobbying efforts in an attempt to accomplish and pass the City's critical legislative needs; 5. Authorize and direct the City Manager and the City's Governmental Relations staff to support any advocacy/ lobbying efforts undertaken by other entities if the City Council has adopted a position of "support" on that initiative; CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 5 of 17 6. Authorize the City Manager and the City's Governmental Relations staff to support any legislation interpreted by staff as advancing the City's strategic goals; or that improves the health, safety and welfare of the City's citizens; or that reduces the cost of governing the City; 7. Authorize and Direct the City Manager and the City's Governmental Relations staff to oppose legislation related to any position the Council has specifically voted to oppose; and 8. Authorize and direct the City Manager and the City's Governmental Relations staff to oppose any legislation interpreted by staff as detrimental to the City's strategic goals; or that is contrary to the health, safety and welfare of the City's citizens; or that mandates increased costs or decrease revenues; or that would diminish the fundamental authority of the City. Council Member Wheatfall, made a motion, seconded by Council Member Davis that the recommendation be adopted. The motion carried unanimously. G-14595 There was presented Mayor and Council Communication No. G- Extend Injury 14595 from the City Manager recommending that the City Council Leave-of- approve an extension of injury leave-of-absence pay benefits for Absence Pay Detective Terry Howard. Council Member Silcox made a motion, Benefits seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. G-14596 There was presented Mayor and Council Communication No. G- Appoint Melissa 14596 from the City Manager recommending that the City Council Young to confirm the appointment of Melissa Young as a member of the Firefighters & Firefighters' and Police Officers' Civil Service Commission to fill an Police Officers' unexpired term to October 1, 2006. Council Member Davis made a Civil Service motion, seconded by Council Member Lane, that the Commission recommendation be adopted. The motion carried unanimously. G-14597 There was presented Mayor and Council Communication No. G- Ord. #16214 14597 from the City Manager recommending that the City Council Accept Donation authorize the City Manager to accept a donation in the amount of from Lockheed Martin Aeronautics $6,000.00 from Lockheed Martin Aeronautics Company for the Company for Environmental Management Department's education program; and Environmental adopt Appropriation Ordinance No. 16214 increasing estimated Management receipts and appropriations in the Environmental Management Department's Fund in the amount of$6,000.00 as donations are received from the Education Program Lockheed Martin Aeronautics Company, for the purpose of funding CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 6 of 17 the Environmental Management Department's education program. Council Member Lane made a motion, seconded by Council Member Stevenson, that the recommendation be adopted with appreciation. The motion carried unanimously. P-10047 There was presented Mayor and Council Communication No. P- Lead-Based 10047 from the City Manager recommending that the City Council Paint Risk authorize a one-time purchase of services from the following Assessments vendors to conduct lead-based paint risk assessments for the Housing Department based on a negotiated price range of $795.00 to $900.00 per housing unit with net 30 day payment terms: VENDORS PRICING DFW Group, Incorporated $900.00 JC's Environmental Technologies $850.00 King Consultants, Incorporated $795.00 MACTEC Engineering and Consulting, Incorporated $900.00 PASS Associates, Incorporated $900.00 Professional Service Industries, Incorporated $900.00 Texas Lead Inspection & Environmental Services $800.00 It was the consensus of the City Council that the recommendation be adopted. P-10048 There was presented Mayor and Council Communication No. P- Personal 10048 from the City Manager recommending that the City Council Services authorize personal services agreements with various individuals to Agreements for provide contract instruction for the Parks and Community Services Contract Department; authorize this agreement to begin December 1, 2004 Instruction and expire November 30, 2005; and authorize the Parks and Community Services Department to add additional vendors as needed. It was the consensus of the City Council that the recommendation be adopted. P-10049 There was presented Mayor and Council Communication No. P- Computerized 10049 from the City Manager recommending that the City Council Target System authorize the purchase of a computerized target system, manufactured by Target Motor System from the Texas Building and Procurement Commission, Texas Multiple Award Schedule, for the City of Fort Worth Police Department's Weapons Range Division, for a total cost of $61,310.00. Freight is prepaid and added to invoice. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 7 of 17 P-10050 There was presented Mayor and Council Communication No. P- Alcatel 10050 from the City Manager recommending that the City Council Communication authorize a purchase agreement with Alcatel Networks System, Cards and Inc., for Alcatel communication cards and repair services on an as- Repair Services needed basis 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. It was the consensus of the City Council that the recommendation be adopted. L-13961 There was presented Mayor and Council Communication No. L- Permanent 13961 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easements easements described as Part of Lots 2R1 and 2R2, Block B, River Hills Addition, Tarrant County, Texas, from All Storage RH, LP, for the River Hills Phase II Sewer Main Project for property located in southwest Tarrant County (DOE 4318), needed for the construction, operation and maintenance of a sanitary sewer line for properties located in the 7500 block of Oakmont Boulevard, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13962 There was presented Mayor and Council Communication No. L- Permanent 13962 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement Easement described as A 1396, Abraham Stallions Survey, Tarrant County, Texas, from KB Home Star LP, for property located in southwest Tarrant County for the Amber Trails Subdivision Development Project (DOE 4473), needed as right-of-way to construct and maintain drainage improvements for properties located south of Westpoint Boulevard and west of Academy Boulevard, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13963 There was presented Mayor and Council Communication No. L- Permanent 13963 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement and Easement and one permanent sanitary sewer easement described as A 457, John Permanent Edmonds Survey, Tarrant County, Texas, from Hillwood Alliance Sanitary Sewer Residential LP, for property located in north Tarrant County to Easement serve various property owners in the Aventine at Parkway Addition (DOE 4629), needed as right of way to construct sanitary sewer and storm drain facilities and pavement improvements for properties located north of North Tarrant Parkway and east of Ray White CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 8 of 17 Road, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13964 There was presented Mayor and Council Communication No. L- Permanent 13964 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of five permanent sanitary sewer Easements easements described as Block 16, Lots 2 and 3 and Block 17, Lots 5, 6, and 7, Broadmoor Addition, Tarrant County, Texas, from Land Rover, Ltd., and William B. Barlow, respectively, for properties located in west Tarrant County for the Sanitary Sewer Broadmoor Addition Project (DOE 4107), needed as right-of-way to construct, operate and maintain a sanitary sewer line for properties located south of Interstate 30 West Freeway and north of Weatherford Highway, for a total cost of $5.00. It was the consensus of the City Council that the recommendation be adopted. L-13965 There was presented Mayor and Council Communication No. L- Ten Permanent 13965 from the City Manager recommending that the City Council Drainage approve the acceptance of ten permanent drainage easements, Easements, eight permanent sanitary sewer easements, and seven permanent Eight Permanent waterline easements described as a portion of the John Boman Sanitary Sewer Survey, Abstract No. 79, Tarrant County, Texas, from Hayco Realty, Easements, and LTD, and Lake Hollow Corporation for property located east of Seven Bowman Roberts Road and south of Cromwell Marine Creek Road Permanent in Northwest Fort Worth (DOE 4537), necessary for the Waterline construction, operation, maintenance, and repair of drainage, Easements sewer, and water facilities to serve the Marine Creek Ranch Subdivision development, for a total cost of $25.00. It was the consensus of the City Council that the recommendation be adopted. L-13966 There was presented Mayor and Council Communication No. L- Permanent 13966 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement Easement described as Part of Lot 2, Block 6, Ridglea Hills Addition, Tarrant County, Texas, from Hickman Investments, Inc., for property located in west Fort Worth for the construction of a storm drain inlet (DOE 4303), near the intersection of Camp Bowie Boulevard and Floyd Drive, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 9 of 17 L-13967 There was presented Mayor and Council Communication No. L-13967 Permanent from the City Manager recommending that the City Council approve Drainage, the acceptance of four permanent drainage easements, one permanent Sanitary Sewer, sanitary sewer easement, one permanent waterline easement, and two Waterline, and temporary construction easements described as a portion of the John Temporary Steele Survey, Abstract No. 1381, Tarrant County, Texas, from various Construction property owners for property located in south Fort Worth (DOE 4594), Easements necessary for the construction, operation, maintenance and repair of drainage, sewer and water facilities to serve the Highpoint Hill Subdivision Development, Phase 1, located between FM 1187 and McAllister, west of IH-35W, for a total cost of $6.00. It was the consensus of the City Council that the recommendation be adopted. L-13968 There was presented Mayor and Council Communication No. L- Permanent 13968 from the City Manager recommending that the City Council Waterline and approve the acceptance of two permanent waterline easements Temporary and two temporary construction easements described as a portion Construction of Block 9 of the property of the Fort Worth Stockyards Company, Easements Tarrant County, Texas, from Link Management Joint Venture for property located in the Fort Worth Stockyards District (DOE 4632), necessary for the construction, operation, maintenance and repair of water facilities, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13969 There was presented Mayor and Council Communication No. L-13969 Temporary from the City Manager recommending that the City Council approve Drainage the acceptance of one temporary drainage easement described as A Easement 79, J Bowman Survey, Tarrant County, Texas, from Hayco Realty, Ltd., for property located in west Tarrant County for the Trails of Marine Creek Addition (DOE 4094), needed as temporary right-of-way to construct storm drain facilities for properties located east of Boat Club Road and north of Cromwell Marine Creek, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13970 There was presented Mayor and Council Communication No. L-13970 Acquire Vacant from the City Manager recommending that the City Council authorize Lot at 3401 the acquisition of one vacant lot located at 3401 Columbus Avenue in Columbus Ave. conjunction with the Fort Worth Meacham International Airport Noise for Fort Worth Mitigation Program; find that the price offered in the total amount of Meacham $9,450.00 is just compensation for the acquisition of the property plus International an estimated real estate tax pro-rated amount not to exceed $300.00 for Airport Noise a total cost of $9,750.00; and authorize the acceptance and recording Mitigation of appropriate instruments. It was the consensus of the City Council Program that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 10 of 17 L-13971 There was presented Mayor and Council Communication No. L- Sale of Tax 13971 from the City Manager recommending that the City Council Foreclosed approve the sale of tax-foreclosed property located at 0 Trinity Surplus River Levee, Lots 1 and 2, Block 208, North Fort Worth Addition, Property Fort Worth, Tarrant County, Texas as allowed by the Texas Property Tax Code Section 34.05 (DOE 920), to Tarrant Regional Water District for the total amount of $150.00; and authorize the City Manager to execute and file the appropriate deed conveying the property. It was the consensus of the City Council that the recommendation be adopted. L-13972 There was presented Mayor and Council Communication No. L- Sale of Tax 13972 from the City Manager recommending that the City Council Foreclosed approve the sale of 18 tax-foreclosed properties located at 2108 Surplus Ash Cresent Street, 3000 Burton Avenue, 3008 Chestnut Avenue, Properties 1733 Harvey Avenue (E), 1101 Hathcox Avenue, 1304 Jessamine Street (E), 1700 Jessamine Street (E), 3019 Lee Avenue, 0 Live Oak Street, 3600 McClure Street, 732 McCurdy Street, 1912 Myrtle Street, 3102 Prospect Avenue, 4240 Reed Street, 2906 Refugio Avenue, 3009 Roosevelt Avenue, 3010 Roosevelt Avenue, and 2621 True Avenue in accordance with Section 272.001 of the Texas Local Government Code for a total of $59,098.00; and authorize the City Manager to execute the appropriate deeds conveying the properties to the highest bidder complying with bid specifications. It was the consensus of the City Council that the recommendation be adopted. L-13973 There was presented Mayor and Council Communication No. L- Accept Donation 13973 from the City Manager recommending that the City Council of Waterline accept the donation of a water line easement for the Fort Worth Easement Botanic Garden from Events Facilities Fort Worth, Inc. Council Member Lane made a motion, seconded by Council Member Stevenson, that the recommendation be adopted with appreciation. The motion carried unanimously. C-20410 There was presented Mayor and Council Communication No. C- Antero 20410 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 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 30, 2004 PAGE 11 of 17 C-20411 There was presented Mayor and Council Communication No. C- SAMARITAN 20411 from the City Manager recommending that the City Council HOUSE, INC. authorize the allocation of $25,000.00 in HOME Investment Partnership Program Funds from the Community Housing Development Organization to SAMARITAN HOUSE, INC., in the form of a deferred loan for project-related soft costs on the proposed Samaritan House facility, which will benefit low and moderate income families and those with special needs; authorize the City Manager to execute a contract and ancillary loan documents with SAMARITAN HOUSE, INC., for a loan amount not to exceed a total of $25,000.00; 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. It was the consensus of the City Council that the recommendation be adopted. C-20412 There was presented Mayor and Council Communication No. C- Texas Christian 20412 from the City Manager recommending that the City Council University authorize the City Manager to execute an Encroachment Agreement with Texas Christian University for installation of two decorative arches at the northeast corner of West Berry Street and Stadium Drive and one on the west side of Stadium Drive. It was the consensus of the City Council that the recommendation be adopted. C-20413 There was presented Mayor and Council Communication No. C- Texas 20413 from the City Manager recommending that the City Council Department of authorize the City Manager to enter into an agreement with the Transportation Texas Department of Transportation to provide funding for railroad crossing improvement projects at the following locations: • West Berry and the Fort Worth & Western Railroad @ Cleburne Road — Council District 8 • East Berry and the Fort Worth & Western Railroad @ Mississippi Avenue — Council District 9 • East Seminary and the Fort Worth & Western Railroad @ Cole Street — Council Districts 8 and 9 It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 12 of 17 C-20414 There was presented Mayor and Council Communication No. C- Oscar Renda 20414 from the City Manager recommending that the City Council Contracting, Inc. authorize the City Manager to award a contract to Oscar Renda Contracting, Inc., in the amount of $5,260,155.00 for construction of the Holly 54-inch Water Main Extension, Phase I, Unit 3 — Section `A' from White Settlement Road to Northside Drive. It was the consensus of the City Council that the recommendation be adopted. C-20415 There was presented Mayor and Council Communication No. C- Amendment #1 20415 from the City Manager recommending that the City Council to CSC #28274, authorize the City Manager to execute Amendment No. 1 to City DFW Advisors, Secretary Contract No. 28274 with DFW Advisors, Ltd. Company, for Ltd. Company project management of the Noise Mitigation Program at Fort Worth Meacham International Airport thereby increasing the original contract amount of $925.621.00 by $476,425.00 for a revised total contract amount of $1,402,046.00. It was the consensus of the City Council that the recommendation be adopted. C-20416 There was presented Mayor and Council Communication No. C- A.N.A. 20416 from the City Manager recommending that the City Council Consultants, authorize the City Manager to execute a one-year requirement LLC; JPH Land contract with each of the four selected firms of A.N.A. Consultants, Surveying, Inc.; LLC; JPH Land Surveying, Inc.; NTB Associates, Inc.; and SAM, Inc., NTB Associates, to provide land-surveying services with aggregate fees not to Inc.; SAM, Inc. exceed $250,000.00 per contract and with one one-year renewal option with renegotiated unit prices for each contract. It was the consensus of the City Council that the recommendation be adopted. C-20417 There was presented Mayor and Council Communication No. C- Change Order 20417 from the City Manager recommending that the City Council No.1 to CSC authorize the City Manager to execute Change Order No. 1 to City #29574 — Oscar Secretary Contract No. 29574 with Oscar Renda Contracting, Inc., Renda for Sanitary Sewer Main 282 Rehabilitation and water main Contracting, Inc. construction for the Radio Shack Campus Area, Phase 1 in the amount of $128,471.97 thereby increasing the contract amount to $1,168,061.97. It was the consensus of the City Council that the recommendation be adopted. C-20418 There was presented Mayor and Council Communication No. C-20418 Ord. #16215 from the City Manager recommending that the City Council authorize North Central the City Manager to execute an Interlocal agreement with the North Texas Council of Central Texas Council of Governments to conduct the Western Governments Rural/Underserved Hazardous Household Waste Collection Pilot Project at a cost not to exceed $25,000.00 during the period CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 13 of 17 September 1, 2004 to May 31, 2005; and adopt Appropriation Ordinance No. 16215 increasing estimated receipts and appropriations in the Grants Fund in the amount of $25,000.00 subject to execution of the Interlocal agreement with the North Central Texas Council of Governments for the purpose of funding the Western Rural/Underserved HHW Collection Pilot Project. It was the consensus of the City Council that the recommendation be adopted. C-20419 There was presented Mayor and Council Communication No. C- Glen Rose, 20419 from the City Manager recommending that the City Council Somerville authorize the City Manager to execute an agreement with Glen County; Rose in Somerville County, Granbury in Hood County, and Parker Grandbury, and Palo Pinto Counties for their participation in the Western Hood County; Rural/Underserved Hazardous Household Waste Collection Pilot Parker & Palo Project. It was the consensus of the City Council that the Pinto Counties recommendation be adopted. C-20420 There was presented Mayor and Council Communication No. C- Change Order#3 20420 from the City Manager recommending that the City Council with Archer authorize the City Manager to execute Change Order No. 3 with Western Archer Western Contractors, Ltd., for the construction of Uprating Contractors, Ltd. Modifications, Phase 113, at Village Creek Wastewater Treatment Plant in the amount of $468,662.51, increasing the contract amount to $5,821,994.28. It was the consensus of the City Council that the recommendation be adopted. C-20421 There was presented Mayor and Council Communication No. C- City of Crowley 20421 from the City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with the City of Crowley for construction of the Deer Creek sanitary sewer mains. It was the consensus of the City Council that the recommendation be adopted. C-20422 There was presented Mayor and Council Communication No. C- Kellogg Brown & 20422 from the City Manager recommending that the City Council Root, Inc. authorize the City Manager to enter into an engineering agreement with Kellogg Brown & Root, Inc., for the Energy Management Project for Water/Wastewater Treatment Plant Sites for an amount not to exceed $81,130.00. It was the consensus of the City Council that the recommendation be adopted. C-20423 There was presented Mayor and Council Communication No. C- Cook Children's 20423 from the City Manager recommending that the City Council Medical Center approve the use of $30,000.00 in Community Development Block CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 14 of 17 Grant Year XXX unprogrammed funds for the Save A Smile Program; and authorize the City Manager to execute an agreement with Cook Children's Medical Center in an amount not to exceed $30,000.00, with an effective date of December 1, 2004, to administer the Save A Smile Program. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20424 There was presented Mayor and Council Communication No. C- Motorola 20424 from the City Manager recommending that the City Council Communications authorize the City Manager to execute a contract with Motorola Systems Communications Systems for radio communications equipment for the new Western Communications Tower site for the Information Technology Solutions Department, at a cost not to exceed $2,560,375.00. Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-20425 There was presented Mayor and Council Communication No. C- Aventine Tarrant 20425 from the City Manager recommending that the City Council Parkway authorize the City Manager to execute a Community Facilities Apartments, Agreement with Aventine Tarrant Parkway Apartments, L.P., by L.P., by Aventine Aventine Tarrant Parkway Apartments I, L.L.C., its General Partner, Tarrant Parkway for construction of water and sewer services to serve Aventine at Apartments I, Parkway Addition. Council Member Lane made a motion, L.L.C. seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Zoning It appeared that the City Council, at its meeting of November 9, 2004, Continued Case continued the hearing of the application of Ken and Kim McLaughlin for a change in zoning of property located at 312 West Leuda from "D/DD" High Density Multi-Family/Demolition Delay to "PD/SU/DD" Planned Development/ Specific Use/Demolition Delay for all uses in the "MU-1" District excluding the following uses: Boarding Houses, Community Home, Group Home 1 and 2, Halfway House, College or University, Day Care Center (child or adult), Kindergarten, School; elementary or secondary (public or private), Government Office Facility, Assisted Living Facility, Hospice, Hospital, Nursing Home with full medical services, Country Club (private), Golf Course, Golf Driving Range, Stealth Telecommunications Tower, Telecommunications Antenna (on structure), Utility Transmission or distribution line, Amusement Indoor, Amusement Outdoor, Drive-in Restaurant or Business, Health or Recreation Club, Lodge or Civic Club, Museum/Cultural Facility, Restaurant, Cafe, Cafeteria, CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 15 of 17 Swimming Pool (commercial), Theater, Drive-in Theater, Movie Theater or Auditorium, Bank, Financial Institution, Business College or Commercial School, Cold Storage Plant or Ice Plant, Convenience Store, Copy Store or Commercial Print Center without off-set printing, Feed Store no processing/milling, Firewood Sales, Home Improvement Store, Large Retail Store, Laundry, Dry Cleaning or Washateria, Liquor or Packaged Store, Mortuary or Funeral Home, Pawn Shop, Saddle or Harness repair or sales, Tattoo Parlor, Auto Parts Supply retail, Gasoline Sales, Parking Area or Garage (commercial or auxiliary), Passenger Station, Accessory use or building, Satellite Antenna (dish), Storage or display outside, Trailer, portable sales construction or storage, Vendor door to door, Vendor Food non-potentially hazardous food, Vendor Transient non- potentially hazardous food and waiver of site plan recommended, Zoning Docket No. ZC-04-258, be approved. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Ken and Kim McLauglin, Mayor Pro tempore McCloud made a motion, seconded by Council Member Wheatfall, that Zoning Docket No. ZC-04-258 be adopted as amended as follows: a. Remove from the list of excluded uses Museum or cultural facility. b. Exclude the following additional uses: Probation or parole office, Center, Community recreation or welfare, government operated or controlled, Place of worship, Place of auxiliary use, Appliance, sales, supply or repair, Express office, Furniture sales, new (office and residential) in a building, Furniture sales, used (in a building), Laundry or dry cleaning collection office, Taxidermist shop, Veterinary clinic with indoor kennels, Garage, storage only, Gasoline sales, Airport, aviation field, helistop or landing area, Amusement, outdoor (temporary). The motion carried unanimously. There being no one present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Mayor Pro tempore McCloud made a motion, seconded by Council Member Wheatfall, that the hearing be closed and that the following ordinance be adopted: CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 16 of 17 ORDINANCE NO. 16216 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. Citizen Ms. Karen Foley, 3759 East Lancaster, was recognized by Mayor Presentations Moncrief but was not present to appear before Council relative to Ms. Karen Foley planting the median on East Lancaster. Ken Noveroske Mr. Ken Noveroske, 3232 Townsend Drive, appeared before Council relative to his lack of cable television service even though he had sent in payments on several occasions. Mayor Moncrief asked Mr. Noveroske to speak with Ms. Eileen Houston-Stewart, City Communications Officer, to resolve this issue. Executive It was the consensus of the City Council that they recess into Session Executive Session at 10:34 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; CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 30, 2004 PAGE 17 of 17 c) Fort Worth and Western Railroad Company v. City of Fort Worth, No. 4-03CV-139-Y (5th Circuit Court of Appeals — 04-10433); d) Tina M. Robinson v. City of Fort Worth and William Cowan Scott, Cause No. 236-204609-04; e) Tim B. Gilliam v. City of Fort Worth, Tarrant County, Texas and Officer J.E. Grey, Civil Action No. 4:04-CV- 0473-Y; f) City of Fort Worth vs. Apartments of Villa Del Rio, L.P., Cause No. 04-25881-1; g) Legal issues concerning Waste Management of Texas, Inc., property at the 3700 block of Linkcrest Drive; h) Legal issues concerning the professional services contract for delinquent tax collection; i) Legal issues concerning the Riverside Wastewater Treatment Plant; j) Legal issues concerning prisoner medical care costs; k) 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 551.087of 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 11:45 a.m. These minutes approved by the Fort Worth City Council on the 7th day of December, 2004.