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HomeMy WebLinkAbout2004/12/21-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 Date & Time On the 21St day of December, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 10:13 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 Chaplain Ruth Jones. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Davis, the minutes of the regular meeting of December 14, 2004, were approved unanimously. Special Mr. Rey Olivas of Custom Casting presented each Council Member Presentations with the first original Christmas Ornament designed by his business commemorating Fort Worth. He stated that new ornaments would be designed on an annual basis and that they were available for purchase at the Stockyard Museum. Mayor Moncrief presented an aerial photograph of the City skyline to Mr. Dain Hancock in appreciation of the F-16 flyover during the Most Livable Cities celebration and in recognition of Mr. Hancock's retirement from Lockheed Martin. The Mayor presented Mr. Hancock and Messers Eric Fox and Norm Robbins with caps from the Aviation Department. Mr. Hancock accepted the photograph on behalf of the 5,000+ employees at Lockheed Martin and expressed appreciation to the Council and City for all their support. Council Member Haskin presented a Proclamation to the Eastside Rotary Club in recognition of their 50th Anniversary and the Rotary International's 100th Year Anniversary. A representative from the Eastside Rotary Club expressed appreciation to the Council for the proclamation and for their continued support. Mr. Orville Lewis also presented the Council with a Rotary Club pin. Announcements Council Member Silcox expressed appreciation to everyone who participated in the collection of toys at the Will Rogers Memorial Coliseum on December 17, 2004. He stated that WFAA Channel 8 CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 2 of 24 organized the event and over 9,000 toys were collected for needy children throughout the City. He also acknowledged the efforts of Parks and Community Services personnel who assisted with the toy collection. Mayor Moncrief stated that all the toys collected during the Cowboy Santas campaign would be distributed on December 22, 2004 and encouraged everyone to participate in the distribution. Council Member Picht wished his colleagues on the Council, City staff, and Fort Worth residents a Happy Holiday season and a Happy New Year. He stated it was a pleasure to serve the community and Council. Council Member Davis expressed appreciation to everyone who participated in the Mental Health Mental Retardation Toys for Tots Drive. She stated that over 45,000 motorcyclists from Fort Worth and Dallas were dressed in various holiday attire and carried toys on their motorcycles to the Arlington Convention Center where the toys were distributed to children for Christmas. Mayor Pro tempore McCloud expressed appreciation to Charity Church who leased part of the Fort Worth Convention Center to give away toys, clothing, and 800 bicycles to 1,000 children in need this Christmas season. Council Member Stevenson expressed appreciation to Carol Brown from Parks and Community Services for all her hard work organizing the Cowboy Santa's campaign. He also thanked people in the community who showed how much they cared for children by their generous donations. Withdrawn from City Manager Boswell requested that Mayor and Council Consent Agenda Communication No. P-10057 be withdrawn from the consent agenda. Council Member Haskin requested that Mayor and Council Communication No. G14627 be withdrawn from the consent agenda. Continued/ City Manager Boswell requested that Mayor and Council Withdrawn By Communication Nos. G-14634 and C-20458 be continued until Staff January 4, 2005 and that C-20455 and C-20463 be withdrawn. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 3 of 24 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 Stevenson made a motion, seconded by Council City Council Member Silcox, that Chelsea Callahan Marshall and Chancellor Jenkins be appointed to the Youth Advisory Council effective December 21, 2004. The motion carried unanimously. Ord. #16242 There was presented Thirteenth Supplemental Ordinance No. Issue and Sale 16242 authorizing the Issuance and Sale of City of Fort Worth, of Water and Texas Water and Sewer System Revenue Refunding and Sewer System Improvement Bonds, Series 2005; approving the execution of a Revenue Bond Purchase Contract and an Escrow Agreement and other Refunding and instruments related thereto; repealing all ordinances in conflict Improvement herewith; and providing that this ordinance shall be in force and Bonds, Series effect from and after the date of its passage. Mayor Pro tempore 2005; Execute of McCloud made a motion, seconded by Council Member Davis, that Bond Purchase the ordinance be adopted. The motion carried unanimously. Contract C.P. #249 City Secretary Hendrix stated that Council Proposal No. 249, Moved Until authorizing the City Manager to initiate rezoning of the property After Executive located at 12280 Camp Bowie West Boulevard in accordance with Session the 2004 Comprehensive Plan the draft 2005 Comprehensive Plan, would be considered by the Council after the Executive Session. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1456 There was presented Mayor and Council Communication No. OCS- Claims 1456 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-1457 There was presented Mayor and Council Communication No. OCS- Res. #3153 1457 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 3153 setting the regular zoning Zoning Hearing hearing for January 11, 2005. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the resolution be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 4 of 24 Public Hearing It appeared that the City Council continued the public hearing on Appeal of the Decision of the Historic and Cultural Landmarks Commission to Deny a Certificate of Appropriateness Application for the Property Located at 1501 Lipscomb Street. Council Member Davis requested the public hearing be opened and considered by the Council rather than continuing to the next Council meeting. She explained that this item had been continued for several meetings to raise the appropriate funding to install a slate roof on this building rather than the substitute roofing material originally requested by the Boys and Girls Club in the Certificate of Appropriateness. She added that the necessary funding has been raised for the new slate roof. At this time, she requested further clarification from City staff as to what would occur if the Council proceeded with action to uphold the Historic and Cultural Landmarks Commission's recommendation. Mr. Fernando Costa, Planning Department Director, provided clarification and explained that if the Council upheld the denial, the applicant could apply again for a new certificate; however, the applicant would replace the roof with its original slate material. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. Fernando Costa, Planning Department Director, appeared before Council, gave a staff report, called attention to Mayor and Council No. G-14462 as follows: G-14462 There was presented Mayor and Council Communication No. G- Appeal Decision 14462, dated August 17, 2004, from the City Manager of Historic and recommending that the City Council conduct a public hearing on Cultural an appeal of the decision of the Historic and Cultural Landmarks Landmarks Commission to deny the application for a Certificate of Commission to Appropriateness for replacement of the slate roof on the building Deny Certificate at 1501 Lipscomb Street. for Property at 1501 Lipscomb After discussion with City Attorney Yett, Council Member Davis Street provided clarification that the slate roof replacement would be done as "in-kind" services; therefore, the Boys and Girls Club would not have to go back to the Historic and Cultural Landmarks Commission for another Certificate of Appropriateness. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 5 of 24 There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and Mayor and Council Communication No. G-14462 be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council continued the public hearing on Reducing the Boundary of Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas (Downtown TIF). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Ardina Washington representing the Economic and Community Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14616 as follows: G-14616 There was presented Mayor and Council Communication No. G- Ord. #16243 14616 from the City Manager recommending that the City Council Reduce hold a public hearing concerning the reduction of the boundary of Boundary of Tax Tax Increment Reinvestment Zone Number Three, City of Fort Increment Worth, Texas (Downtown TIF); and adopt Ordinance No. 16243 Reinvestment reducing the boundaries of Tax Increment Reinvestment Zone Zone #3 Number Three, City of Fort Worth, Texas; and containing other (Downtown TIF) matters related to the Zone. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Stevenson, that the public hearing be closed and Mayor and Council Communication No. G-14616 be adopted. The motion carried unanimously. G-14620 There was presented Mayor and Council Communication No. G- Amend Single- 14620 from the City Manager recommending that the City Council Member District approve the amendment of single-member district plan to reflect Plan to Reflect annexations and a boundary adjustment with the Town of Edgecliff Annexations and Village approved by the City Council since December 2003. It was Boundary the consensus of the City Council that the recommendation be Adjustments adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 6 of 24 G-14621 There was presented Mayor and Council Communication No. G- Condemnation 14621 from the City Manager recommending that the City Council of Reversionary declare the necessity of taking the contingent reversionary interest Interest Owned owned by the heirs of Sarah Gray Jennings in Hyde Park (located by Heirs of in the vicinity of 9t" Street, Throckmorton and Houston Streets) for Sarah Jennings the construction and maintenance of a the Hyde Park Transit Plaza; for Construction and authorize the City Attorney to institute condemnation of Improvements proceedings to acquire the interest in the land. It was the for Hyde Park consensus of the City Council that the recommendation be Transit Plaza adopted. G-14622 There was presented Mayor and Council Communication No. G- Res. #3154 14622 from the City Manager recommending that the City Council File Lawsuit authorize the City Attorney to file a lawsuit alleging conversion, Against Flash fraud and breach of contract against Flash Cash Inc., doing Cash Inc., d/b/a business as State, Metropolitan & County Services and Michael A. State, Di Napoli and Jamie Di Napoli Individually; and adopt Resolution Metropolitan & No. 3154 authorizing the City Attorney to file lawsuit against Flash County Services Cash Services, Inc., doing business as State, Metropolitan & and Michael A. County Services and Michael A. Di Napoli and Jamie Di Napoli. It Di Napoli and was the consensus of the City Council that the recommendation be Jamie Di Napoli adopted. Individually G-14623 There was presented Mayor and Council Communication No. G- Ord. #16244 14623 from the City Manager recommending that the City Council Amend Section adopt Ordinance No. 16244 amending Section 4 of Ordinance No. 4 of Ordinance 16118 to allow transfer of ownership of existing sexually oriented #16118 businesses. It was the consensus of the City Council that the recommendation be adopted. G-14624 There was presented Mayor and Council Communication No. G- Res. #3155 14624 from the City Manager recommending that the City Council Appoint Jarrod adopt Resolution No. 3155 appointing Jarrod Reese to the Reese to FW PID Advisory Board of the Fort Worth Public Improvement District (PID) #6 Advisory No. 6. It was the consensus of the City Council that the Board recommendation be adopted. G-14625 There was presented Mayor and Council Communication No. G- Payment to 14625 from the City Manager recommending that the City Council Tarrant authorize payment in an amount not to exceed $351,034.67 for the Appraisal City of Fort Worth's assessed allocation of the Tarrant Appraisal District District 2004 budget for the months of October through December 2004. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 7 of 24 G-14626 There was presented Mayor and Council Communication No. G- Payment to 14626 from the City Manager recommending that the City Council TxDOT for authorize payment to the Texas Department of Transportation Construction of (TxDOT) in the amount of $355,779.74 for the construction of the Pilot Projects for three pilot projects for North Main Street from Tarrant County N. Main St. from Courthouse to 28th Street and allocate $27,500.00 in funding for Tarrant County construction contingencies. It was the consensus of the City Courthouse to Council that the recommendation be adopted. 28th St. G-14627 There was presented Mayor and Council Communication No. G- Continued Until 14627 from the City Manager recommending that the City Council January 4, 2005 approve the request of the Southwestern Exposition and Livestock Show to temporarily close the following streets beginning Monday, January 10 through February 7, 2005: W.R. Watt Drive, from Harley Avenue to Burnett-Tandy Drive; Burnett-Tandy Drive, west to Gendy Street; Gendy Street, from Burnett-Tandy Drive north to Lancaster Avenue; and Trinity Park Drive, from University Drive to Crestline Road (January 20, 24, 26 and February 1, 2005). Council Member Haskin made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G- 14627 be continued until January 4, 2005 to allow time for City staff to check into the parking issue. The motion carried unanimously. G-14628 There was presented Mayor and Council Communication No. G- Ord. #16245 14628 from the City Manager recommending that the City Council Water and Sewer adopt Appropriation Ordinance No. 16245 increasing estimated Interest Funds receipts and appropriations in the Water Capital Project Fund in the amount of $1,200,000.00 and the Sewer Capital Project Fund in the amount of $1,200,000.00 from increased revenues from interest earnings. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 8 of 24 G-14629 There was presented Mayor and Council Communication No. G- Tax Exemption 14629 from the City Manager recommending that the City Council for Lake Como approve Lake Como Area Council's request for exemption from Area Council for municipal property tax in the amount of 50 percent on five Single Family unimproved properties which are to be developed for single-family Homeownership homeownership and one improved property which is the site of their office facility; and authorize the use of the M&C to serve as notice to the Tarrant Appraisal District and other taxing entities in Tarrant County of the City Council's decision. Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None G-14630 There was presented Mayor and Council Communication No. G- Registration 14630 from the City Manager recommending that the City Council Policies for adopt the Registration Policies for Voluntary and Mandatory Voluntary and Associations. Council Member Haskin made a motion, seconded Mandatory by Council Member Davis, that the recommendation be adopted. Neighborhood Associations Madelyn Gibbs Ms. Madelyn Gibbs, 4601 Foxfire Way, representing the League of Neighborhoods, appeared before Council in support of the registration policies. She stated that the neighborhoods have held many meetings, exchanged numerous communications, and worked together to reach an agreement regarding these policies. She added that a lot of the neighborhood organizations were already doing the things identified in the policies. She further stated that they had held public forums and, by consensus, many of them support these policies. She continued by stating that she felt they were good for the neighborhoods and would result in pride and integrity that would serve to strengthen them and the community. Ms. Gibbs requested that the Council support the approval of these policies. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 9 of 24 Council Member Picht expressed concern that district alliances, for example the District 6 Alliance, were not part of this process. He added that in his opinion district alliances should have structure and boundaries established just like the neighborhood associations. He expressed his interest to have them as part of the proposed policies and expressed his concern that the League of Neighborhoods did not support this inclusion. Ms. Gibbs stated that all established neighborhood organizations were registered with the City regardless if they were in an alliance. She added that members could be reached through the neighborhood organizations. She further stated that the League of Neighborhoods promoted inclusiveness to bring people together for the good of the neighborhoods and to do things right and fair. She recommended that when alliances do approach the City about various issues, that they be required to list the neighborhood organizations associated with the alliance. Council Member Silcox expressed concern that citizens, particularly citizens in District 3, might be excluded from obtaining information from the City just because they had chosen not to be a member of their neighborhood organization. He emphasized that he wanted information released to any citizen of his district, as well as the entire City, that requests the information. He added that he also does not want to dictate to the neighborhood associations their rules, regulations, etc., and that they should be organized the way citizens in those areas want them to be organized. He indicated that he did not support this item as it appeared to be a way for government to have control over these organizations. A lengthy conversation ensued by the Council and City staff on the information notification process and what information would be in that process, the registration of the organizations with the City, and the status of alliances in this process. Council Member Haskin called for the question, seconded by Council Member Stevenson. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 10 of 24 The motion to adopt Mayor and Council Communication No. G- 14630 carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: None G-14631 There was presented Mayor and Council Communication No. G- Applications 14631 from the City Manager recommending that the City Council from Multiple approve the applications from five property owners for partial Property Owners approval of the Historic Site Tax Exemption for properties located for Partial at 1825 6th Avenue, 1626 Lipscomb Street, 2429 Rogers Avenue, Approval of 1901 6th Avenue, and 2329 Irwin Avenue. Historic Site Tax Exemption Property Owner Property Address David & Stephanie Kelley 18256 th Avenue Robert Lavalle & Stacey Corley 1626 Lipscomb Street Michael Bennett & Melissa Mitchell 2429 Rogers Avenue Claudia Sanchez 1901 6t" Avenue Betty Sisk 2329 Irwin Avenue Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. (Council Member Picht stepped away from the dais.) G-14632 There was presented Mayor and Council Communication No. G- Verification of 14632 from the City Manager recommending that the City Council Historic Site Tax approve the applications from multiple property owners for Exemption verification of the Historic Site Tax Exemption for 2204 Hurley Avenue, 1921 South Adams Street, 2231 5t Avenue, 1404 South Adams Street, 2259 Alston Avenue, 2201 Mistletoe Avenue, and 1516 Washington Avenue. Property Owner Property Address Gabriella Bendslev 2204 Hurley Avenue Morris Troxell & Tommy Spurriner 1921 South Adams Street Kendal Smith 2231 5t"Avenue Rodney Wade & Christopher McCabe 1404 South Adams Street CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 11 of 24 Rodney Wade & Christopher McCabe 2259 Alston Avenue Alexia Strout-Dapaz & Luca Zomboni 2201 Mistletoe Avenue Landon Lee &Jill Kurschner 1516 Washington Avenue Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14633 There was presented Mayor and Council Communication No. G- Donation from 14633 from the City Manager recommending that the City Council Fort Worth accept the donation of approximately $625,000.00 in improvements Botanical from the Fort Worth Botanical Society for the construction of Society for Phase II of the Native Forest Boardwalk at the Fort Worth Botanic Phase II of Garden. Council Member Stevenson made a motion, seconded by Native Forest Council Member Davis, that the recommendation be adopted with Boardwalk appreciation. The motion carried unanimously. G-14634 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-14634, Public Hearing and Ordinance January 4, 2005 Designating Tax Abatement Reinvestment Zone No. 51, City of Fort Worth, Texas, be continued until January 4, 2005. P-10057 There was presented Mayor and Council Communication No. P- Bulk Chlorine 10057 from the City Manager recommending that the City Council authorize a purchase agreement for bulk chlorine with DPC Industries, Company and Harcross Chemicals for the Water Department based on the low bid of unit prices. Freight is included in the unit prices and payment is due 30 days after receipt of the invoice; and authorized this agreement to begin December 21, 2005, an expire December 20, 2006, with options to renew for two additional one-year periods. City Manager Boswell stated that the second paragraph in the "Recommendation" section of the M&C needed to be amended to correct "December 21, 2005" and "December 20, 2006" to "December 21, 2004" and "December 20, 2005". Council Member Haskin made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. P- 10057 be adopted as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 12 of 24 P-10058 There was presented Mayor and Council Communication No. P- Original 10058 from the City Manager recommending that the City Council Equipment authorize a purchase agreement for Original Equipment Manufacturer Manufacturer Whelen parts, components and signals with Whelen Parts, Emergency Vehicle Equipment Company for the City of Fort Worth Components based upon the low bid. Payment is due 30 days from date the and Signals invoice is received; authorize this agreement to begin December 21, 2004 and expire on December 20, 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-10059 There was presented Mayor and Council Communication No. P- Four Trimble 10059 from the City Manager recommending that the City Council Robotic Total authorize the purchase of four Trimble robotic stations from Stations Geoshack for the Engineering Department, Surveying Services Division, using the State of Texas Catalog Information Systems Vendor process for the amount of $164,441.80, including freight cost to the receiving point with payment due 30 days from date of invoice. It was the consensus of the City Council that the recommendation be adopted. P-10060 There was presented Mayor and Council Communication No. P- Toro 580-D 10060 from the City Manager recommending that the City Council Rotary Mower authorize the purchase of a new Toro 580-D rotary mower from Houston Galveston Area Council Contract for the Parks and Community Services Department for a cost not to exceed $63,487.15 with payment due within 30 days of the invoice date and freight included in the unit price. It was the consensus of the City Council that the recommendation be adopted. P-10061 There was presented Mayor and Council Communication No. P- Four Fleet 10061 from the City Manager recommending that the City Council Diagnostic authorize the purchase of four new fleet diagnostic systems from a Systems General Services Administration Contract for the Equipment Services Department at a cost not to exceed $32,136.00 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. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 13 of 24 L-13986 There was presented Mayor and Council Communication No. L- Permanent 13986 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement Easement described as portion of the Milly Gilbert Survey, Abstract No. 565, Tarrant County, Texas, from Emerging Properties I, Ltd., for property located in North Fort Worth (DOE 4526) necessary for the construction, operation, maintenance and repair of a drainage facility to serve the Sandshell Heights development, for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13987 There was presented Mayor and Council Communication No. L- Lease 13987 from the City Manager recommending that the City Council Agreement with authorize the City Manager to execute a lease agreement with James W. and James W. Brewer and Nancy D. Brewer (DOE 4600) for City-owned Nancy D. Brewer property located at 301 Harmon Road for a monthly lease rate of for City-Owned $1,100.00; and authorize this agreement to begin January 1, 2005 Property at 301 and expire December 31, 2005, with an option to renew the lease Harmon Road for a one-year period and with the provision that the City may terminate this lease at the conclusion of each term. It was the consensus of the City Council that the recommendation be adopted. L-13988 There was presented Mayor and Council Communication No. L- Permanent 13988 from the City Manager recommending that the City Council Waterline approve the acceptance of one permanent waterline easement Easement described as part of Lot 4, Block 2, Greenway Park Addition, Tarrant County, Texas, from James McIntire for property located northwest of the 1-35W and SH-121 intersection in Fort Worth (DOE 4533) required for the construction and maintenance of a waterline extension to serve Greenway Industrial Park, which is located north of Mony Street and south of Greenfield Avenue, for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13989 There was presented Mayor and Council Communication No. L-13989 Storm Water from the City Manager recommending that the City Council approve Facility the acceptance of one Storm Water Facility Maintenance Agreement Maintenance described as portion of the A.S. Trimble Survey, Abstract No. 1528, Agreement Tarrant County, Texas, from Riverbend Investment, Ltd., and the Lakes of River Trails Homeowner Association for property located north of Lakes Springs Trail and west of Shoreside Parkway in northeast Fort Worth (DOE 4523), necessary to assure proper maintenance of a storm water facility, at no expense to the City of Fort Worth. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 14 of 24 L-13990 There was presented Mayor and Council Communication No. L- Permanent 13990 from the City Manager recommending that the City Council Sanitary Sewer authorized the acquisition of one permanent sanitary sewer and Temporary easement and one temporary construction easement located in Construction east Fort Worth described as R.R. Ramey Survey, Abstract No. Easements 1341, Tarrant County, Texas, from Marsha Waddell Moller, Mark S. Waddell, Earl Waddell Inc., Jaunita Reeder Waddell a/k/a J.R. Waddell for the construction of Main 244A- Parallel Relief Sewer (DOE 3295), for a total cost of $15,200.00. It was the consensus of the City Council that the recommendation be adopted. L-13991 There was presented Mayor and Council Communication No. L- Permanent 13991 from the City Manager recommending that the City Council Public Utility approve the conveyance of one permanent public utility easement Easement described as Lots 26 and 27, Block 21, Lake Worth Leases, City of Fort Worth, Tarrant County, Texas, from the City of Fort Worth to TXU Electric Delivery Company, Marcus Cable Associates, LLC, Town of Lakeside, Southwestern Bell Telephone, L.P., and Atmos Energy Corporation for the installation of public utilities to Derek Weaver, an adjacent property owner residing at 900 Western Trails in Lakeside, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2567 There was presented Mayor and Council Communication No. PZ- Ord. #16246 2567 from the City Manager recommending that the City Council Vacate Portion adopt Ordinance No. 16246 vacating a portion of a 16 foot alley in of Alley in Block Block 61, Chamberlin Arlington Heights Addition First Filing, more 61, Chamberlin specifically being a 50 foot long portion located between Lots 13 Arlington and 14 and Lots 27 and 28 of Block 61, Chamberlin Arlington Heights Addition Heights Addition First Filing, Tarrant County, Texas; providing for First Filing & the reversion of fee in said land; the retainment of existing utility Request by easements; and approve the request by Fort Worth Independent FWISD to School District (FWISD) to refund the application fees for this Refund vacation due to the fact that the property will be part of an area Application Fees used as a private park for the community. It was the consensus of (VA-04-028) the City Council that the recommendation be adopted. C-20446 There was presented Mayor and Council Communication No. C- William Rigg 20446 from the City Manager recommending that the City Council Company authorize the City Manager to exercise the second of two consecutive one-year renewal options for the Broker of Record Agreement with William Rigg Company as the City's broker for the procurement of the property and casualty insurance, and boiler and machinery insurance policies; authorize the purchase of the CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 15 of 24 City's commercial property and casualty insurance at a total premium cost of $970,025.00; and authorize the purchase of the City's commercial boiler and machinery insurance at a total cost of $92,211.00. It was the consensus of the City Council that the recommendation be adopted. C-20447 There was presented Mayor and Council Communication No. C- Barron Risk 20447 from the City Manager recommending that the City Council Management authorize the City Manager to execute the fourth (of six) one-year Services, Inc. contract renewal options with Barron Risk Management Services, Inc., for Worker's Compensation claims administration service for the period January 1, 2005 thru December 31, 2005, for a cost not to exceed $600,000.00. It was the consensus of the City Council that the recommendation be adopted. C-20448 There was presented Mayor and Council Communication No. C- Stanfield 20448 from the City Manager recommending that the City Council Enterprises, Inc. authorize the City Manager to execute a contract with Stanfield Enterprises, Inc., in the amount of $158,603.75 for the construction of three new traffic signals at the intersections of Everman Parkway/Sycamore School Road; Marine Creek Parkway/TCC Main Entrance; and Business 287 (Mansfield Highway)/Shackleford Street. It was the consensus of the City Council that the recommendation be adopted. C-20449 There was presented Mayor and Council Communication No. C- Sabre 20449 from the City Manager recommending that the City Council Communications authorize the City Manager to execute a contract with Sabre Corporation Communications Corporation in the amount of $156,109.00 to fabricate and erect the Western Communications Tower for the Information Technologies Solutions Department. It was the consensus of the City Council that the recommendation be adopted. C-20450 There was presented Mayor and Council Communication No. C- Turner Collie & 20450 from the City Manager recommending that the City Council Braden, Inc. authorize the City Manager to execute an engineering agreement with Turner Collie & Braden, Inc., in the amount of $108,538.00 for the Morningside Neighborhood Drainage Improvements Project. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 16 of 24 C-20451 There was presented Mayor and Council Communication No. C- Turner Collie & 20451 from the City Manager recommending that the City Council Braden, Inc. authorize the City Manager to execute an engineering agreement with Turner Collie & Braden, Inc., in the amount of $96,784.00 for the Ryan Southeast Drainage Improvements project. It was the consensus of the City Council that the recommendation be adopted. C-20452 There was presented Mayor and Council Communication No. C- Ord. #16247 20452 from the City Manager recommending that the City Council Lockwood, authorize the City Manager to execute Amendment No. 4 to Andrews & Engineering Agreement with Lockwood, Andrews & Newnam, Inc., Newnam, Inc. for Sanitary Sewer Rehabilitation Contract LXVII (67); authorize the transfer of $80,710.00 from the Water & Sewer Operating Fund to the Sewer Capital Project Fund; and adopt Appropriation Ordinance No. 16247 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $80,710.00 from available funds for the purpose of funding an amendment to the engineering agreement with Lockwood, Andrews and Newnam, Inc., for Sanitary Sewer Rehabilitation Contract LXVII (67). It was the consensus of the City Council that the recommendation be adopted. C-20453 There was presented Mayor and Council Communication No. C- Union Pacific 20453 from the City Manager recommending that the City Council Railroad authorize the City Manager to enter into a drainage facility and Company waterway agreement with the Union Pacific Railroad Company for Alta Mere Addition LT 25-R-4 BLK 27 (DOE 4479) for a one-time cost of $1,500.00. The developer will pay this cost and the City will incur no cost for this agreement. It was the consensus of the City Council that the recommendation be adopted. C-20454 There was presented Mayor and Council Communication No. C- Westhill 20454 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Westhill Inc. Construction, Inc., in the amount of $250,410.00 for the Annual Sidewalk Contract, Various Locations, Fiscal Year 2004-2005. It was the consensus of the City Council that the recommendation be adopted. C-20455 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20455, Authorize Amendment to Ground Lease Agreement with Texas Aviation Services for Lease Site 2-S at Meacham International Airport and Execute an Agreement for CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 17 of 24 the Right of First Refusal to Lease 63,800 Square Feet of Unimproved Ground (Lease Sites 6-S and 7-S) at Meacham International Airport, be withdrawn. C-20456 There was presented Mayor and Council Communication No. C- SO7#1 L.P. 20456 from the City Manager recommending that the City Council amend the Enhanced Community Facilities Agreement with SO7#1, L.P., to allow the City to advance certain property acquisition expenses and attorney's fees incurred in the course of the eminent domain actions related to the installation of community facilities for the South of Seventh Addition, in accordance with the Economic and Community Development Agreement. City Attorney Yett stated that the "Discussion" section of the M&C needed to be amended to add a new paragraph to additionally provide that "The City's participation in the costs of constructing Museum Way may be reduced not only by attorney's fees advanced by the City in the Fort Worth & Western Railroad actions, but also by any expenses advanced for the costs of Quiet Zone infrastructure and fencing related to the crossings at Museum Way and West 7t" Street, as covered by the proposed settlement of the Fort Worth & Western Railroad actions approved by Council at its meeting of December 14, 2004." Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted as amended. The motion carried unanimously. C-20457 There was presented Mayor and Council Communication No. C- Kimco 20457 from the City Manager recommending that the City Council Montgomery approve an amendment to M&C C-20143 authorizing the execution Plaza, L.P. of an Economic Development Program Agreement with Kimco Montgomery Plaza, L.P., for the Montgomery Plaza Project in order to extend the term of the agreement and to increase the maximum economic incentive authorized by the agreement. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20458 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. C-20458, Authorize Execution of a Tax January 4, 2005 Abatement Agreement with OBIM Holding Company, LLC and Related Findings of Fact by the City Council, be continued until January 4, 2005. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 18 of 24 C-20459 There was presented Mayor and Council Communication No. C- Centex Homes 20459 from the City Manager recommending that the City Council authorize the City Manager to execute a Community Facilities Agreement with Centex Homes for the installation of community facilities to serve Poynter Crossing, Phase IV. City Manager Boswell stated that the "Recommendation" section of the M&C needed to be amended to include at the end of the paragraph "...contingent upon receipt of $314,209.00 from Lumberman's Investment Corporation." Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted as amended. The motion carried unanimously. C-20460 There was presented Mayor and Council Communication No. C- Ord. #16248 20460 from the City Manager recommending that the City Council: Dynix Corporation; 1. Authorize the City Manager to execute a contract with Dynix Cities of Corporation for the purchase and ongoing annual Benbrook, maintenance of an Integrated Library System (ILS) for the Burleson, Fort Worth Public Library; Haltom City, Keller, Richland 2. Authorize the City Manager to enter into new Interlocal Hills, and Agreements with Benbrook, Burleson, Haltom City, Keller, Watauga; and Richland Hills, and Watauga, Texas for automated library Donation from and supporting telecommunications services; Fort Worth Public Library 3. Authorize the transfer of $300,000.00 from the Library Foundation General Fund to the Special Revenue Library Automation Systems Sharing Fund; 4. Authorize the City Manager to accept a donation of up to $513,000.00 from the Fort Worth Public Library Foundation (The Foundation) for The Foundation's share of the estimated costs for the ILS. 5. Authorize a non-interest bearing interfund loan from the General Fund to the Special Revenue Library Automation System Sharing Fund in an amount up to $513,000.00 contingent upon receipt of the funds from The Foundation; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 19 of 24 6. Adopt Appropriation Ordinance No. 16248 increasing estimated receipts and appropriations in the Special Revenue Library Automation Systems Sharing Fund in the amount of $933,000.00 subject to receipt of the funds from the Fort Worth Public Library Foundation, for the purpose of funding a contract with Dynix Corporation for the purchase and maintenance of an Integrated Library System for the Fort Worth Public Library. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted with appreciation to the Fort Worth Public Library Foundation. The motion carried unanimously. (Council Member Picht returned to his chair at the dais.) Ms. Gleniece Robinson, Library Director, appeared before Council and expressed appreciation to the Fort Worth Public Library Foundation, City Council, and the Library Advisory Board. She recognized the following individuals for their support of the library: Library Staff: Gertiana Williams, Assistant Library Director Deborah Duke, Collection Management Administrator Library Foundation Donors: Jeff King, Bank One/Board Member John Robinson, Amon G. Carter Foundation Harry Bartel, Smallwood Foundation Randy Gideon, Gideon Toal Mrs. Hardy Sanders and Mr. Mark Sanders Bill Walker, Hillwood Jill Lain, Radio Shack Library Foundation Board Members: Mike Leeman, Campaign Chairman Todd Spake, Technology Committee Jim Hambleton, Treasurer Mike Haney, Chairman Keith Reardon, Library Affairs Committee Chairman Grag McCoy, Incoming Chair Mary Morgan Sullivan Walter Littlejohn CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 20 of 24 Library Foundation Staff: Betsy Pepper, Executive Director Amy Bearden, Operations & Programming Manager Gravely Carter, Marketing & Events Coordinator Library Advisory Board: Ann Bracey, Chair Mary Ann Epps, Vice Chair Keith Reardon Ann McKinney Public Hearing It appeared that the City Council set today as a public hearing for the designation of Fort Worth Neighborhood Empowerment Reinvestment Zone No. 22 and Tax Abatement Agreement with (know Investments, Inc., and related findings of fact by the City Council for property located in the Riglea Village/Como Neighborhood Empowerment Zone (NEZ). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. John Cox, representing the Housing Department, appeared before Council, provided a staff report, and called attention to Mayor and Council Communication No. C-20461 as follows: C-20461 There was presented Mayor and Council Communication No. C- Ord. #16249 20461 from the City Manager recommending that the City Council: Designation of Fort Worth 1. Hold a public hearing concerning the designation of 1.426 Neighborhood acres of vacant land as Fort Worth Neighborhood Empowerment Empowerment Reinvestment Zone (FWNERZ) No. 22; Reinvestment Zone No. 22; Tax 2. Adopt Ordinance No. 16249 amending Ordinance No. 15061 Abatement by removing certain property from Neighborhood Agreement with Empowerment Reinvestment Zone Number 2 of the City of (know Fort Worth, Texas; designating the property so removed as Investments, "Neighborhood Empowerment Reinvestment Zone Number Inc. Twenty-Two, City of Fort Worth, Texas"; providing the effective and expiration dates for the zone and a mechanism for renewal of the zone; and containing other matters related to the zone; 3. Find that the statements set forth in the recitals of the Tax Abatement Agreement with (know Investments, Inc., are true and correct; CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 21 of 24 4. Approve a five-year Municipal Property Tax Abatement for a property located at 4441 Bryant Irvin Road in the Ridglea Village/Como Neighborhood Empowerment Zone (NEZ) owned by (know Investments, Inc.; and 5. Authorize the City Manager to enter into a Tax Abatement Agreement with (know Investments, Inc., for the property located at 4441 Bryant Irvin Road in the Ridglea Village/Como NEZ in accordance with the NEZ Tax Abatement Policy and NEZ Basic Incentives, as amended. There being no one present desiring to be heard in connection with the public hearing, Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and Mayor and Communication No. C-20461 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wheatfall, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: None C-20462 There was presented Mayor and Council Communication No. C- Kimco 20462 from the City Manager recommending that the City Council Montgomery authorize the City Manager to execute an Enhanced Community Plaza, L.P. Facilities Agreement in the amount of $1,086,607.00 with Kimco Montgomery Plaza, L.P., (the Developer) for the construction of street and water and sewer services to serve Montgomery Plaza, a mixed use development west of downtown in the Cultural District. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. C-20463 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20463, Authorization to Execute Memorandum of Agreement with Edwards-Geren Limited for Acquisition of SH-121 T Right of Way, Parcel 91-A, 91-13, 91-C, 91-D and 98-PT1 and 98-PT2, be withdrawn. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 22 of 24 ZC-04-266 It appeared that the City Council, at its meeting of December 14, 2004 Approved continued the hearing of the application of Farmers and Mechanics, L.P., for a change in zoning of property located at 714 Main Street from "H/HC" Central Business District/Historic Cultural to "H/HSE" Central Business District/Highly Significant, Endangered Zoning Docket No. ZC-04-266. 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 Farmers and Mechanics, L.P., Council Member Davis made a motion, seconded by Council Member Stevenson, that the Zoning Hearing be closed and that Zoning Docket No. ZC- 04-266 be approved. The motion carried unanimously. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Davis made a motion, seconded by Council Member Stevenson, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 16250 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 THAT THIS ORDINANCE SHALL BE 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. Tommie Henton, 5017 Wilmington Drive, appeared before Presentations Council and requested assistance in resolving an issue with MedStar Ambulance Service that occurred on November 15, 2004. She stated that the Fire Department responded to her emergency CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 23 of 24 but was not sufficiently equipped to administer the care she needed. She added that a MedStar ambulance was not available to provide emergency medical attention until 45 minutes had elapsed. She further stated that MedStar sent her a bill for $975.00. Mayor Moncrief requested Ms. Henton speak with a City representative and provide additional details of this incident. Council Member Stevenson requested that staff investigate this incident and provide a report to the Council to ascertain why there was a 45 minute delay in responding to this emergency and if the $975.00 was an appropriate charge. Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:27 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) Fort Worth and Western Recycling Company v. City of Fort Worth, No. 4-03CV-139Y (5t" Circuit Court of Appeals — 04-10433); d) Legal issues concerning Waste Management of Texas, Inc., property at 3700 block of Linkcrest Drive; e) Legal issues concerning the reconstruction of Vickery Boulevard; f) Legal issues concerning funding of the Employees' Retirement Fund; g) Randle Curtis Daniels v. Board of Adjustment, Cause No. 342-202393-03; h) Legal issues concerning the U.S. 287 Zone limited purpose annexation i) Legal issues concerning municipal utility districts and water control improvement districts; CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 21, 2004 PAGE 24 of 24 j) Legal issues concerning gas lease bid proposals; k) Legal issues concerning the Wright Amendment and DFW International Airport; 1) 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. Reconvened The City Council reconvened into regular session at 1:05 p.m. with Council Members Lane and Picht absent. C.P. #249 There was presented Council Proposal No.249 authorize the City Rezone Property Manager to initiate rezoning of the property located at 12280 Camp located at 12280 Bowie West Boulevard in accordance with the 2004 Camp Bowie Comprehensive Plan the draft 2005 Comprehensive Plan. Council West Blvd. Member Silcox made a motion, seconded by Council Member Wheatfall, that the Council Proposal be adopted with the recommendation that the issuance of the building permit for construction not be approved until the City Zoning Commission and Council had approved the zoning change, to include the site plan. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 1:08 p.m. These minutes approved by the Fort Worth City Council on the 4th day of January, 2005. Attest: Approve Marty Hen rix Michael J. M crief City Secretary Mayor . t t