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HomeMy WebLinkAbout2004/12/07-Minutes-City Council CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 Date & Time On the 7t" day of December, A.D., 2004, the City Council of the City of Fort Worth, Texas, met in regular session at 7:20 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Donavan Wheatfall, Clyde Picht, John Stevenson, and Wendy Davis; Assistant City Manager Libby Watson; City Attorney David Yett; City Secretary Marty Hendrix. City Manager Charles Boswell was temporarily absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Minister Matthew Wallis, University Baptist Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Wheatfall, seconded by Council Member Haskin, the minutes of the regular meeting of November 30, 2004, were approved unanimously. Special Council Member Silcox presented a Proclamation for Cowboy Presentations Santas Month to Ms. Sharon Armstrong, Chair, Community Action Partners Council. Mr. Randle Harwood, Acting Parks and Community Services Director, expressed appreciation to Ms. Armstrong for her efforts and presented certificates of appreciation to several organizations and individuals that sponsored the event. (City Manager Charles Boswell assumed his chair at the dais.) Mayor Pro tempore McCloud presented a Proclamation for Nolan Catholic High School Football Day to Coach Joe Prud'homme and members of the football team in recognition of their State Championship. Council Member Davis presented a Certificate of Appreciation to Ms. Katherin Baker for her service on the Fort Worth Human Relations Commission. Announcements Council Member Wheatfall announced that discussions from the District 5 Summit would culminate at a meeting on December 11, 2004 from 10:00 a.m. to 2:00 p.m. at the Intermodal Transportation Center. He added that several topics would be covered and invited everyone to attend, especially residents from District 5. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 2 of 17 Council Member Silcox stated that the Citizens for a Better Fort Worth would host a kickoff for the renewal of the Crime Control and Prevention District (CCPD) on January 5, 2005 at 3:00 p.m. at the Fort Worth Police and Fire Training Center and invited everyone to attend. He added that the early voting for the CCPD election would start on January 20, 2005, and the election on February 5, 2005. He stressed the importance of the renewal of the district and encouraged everyone to support the renewal. Withdrawn from City Manager Boswell requested that Mayor and Council Consent Communication No. C-20428 be withdrawn from the consent agenda. Agenda Continued/ City Manager Boswell requested that Mayor and Council Withdrawn By Communication Nos. G-14603 and C-20409 be withdrawn and that C- Staff 20428 be continued for one week. Consent On motion of Council Member Silcox, seconded by Council Member Agenda Wheatfall, the consent agenda, as amended, was adopted unanimously. Presentations Mayor Moncrief requested the Council consider appointing Nancy by City Council Wilson-Webb to the Library Advisory Board. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that Nancy Wilson-Webb be appointed to Place 1 on the Library Advisory Board effective December 7, 2004 and with a term expiring October 1, 2005. The motion carried unanimously. C.P. #248 There was presented Council Proposal No. 248 request from Shiloh Withdrawn Baptist Church to Rename N. Houston St. to Chew Drive: 1. Consider waiver of the following standard street renaming requirement related to the renaming of N. Houston Street to Chew Drive from 28th Street to its terminus at NW 38th Street: • Requirement that an individual be deceased in order to have a public facility named in their honor. 2. Conduct a public hearing and adopt an ordinance changing the name of N. Houston Street from the 2800 Block to its terminus at NW 38th Street to "Chew Drive." Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the Council Proposal be withdrawn. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 3 of 17 Council Member Lane stated that he withdrew the Council Proposal from consideration because of the opposition raised with renaming the street. He added the withdrawal was in line with Reverend Chew's desire that the renaming would be non-controversial. He further stated that since the Council Proposal would be withdrawn, Council would take no action and therefore no citizen comments were necessary. The motion carried unanimously. Resolution to There was presented a resolution adopting comments on the final Adopt Final Environmental Impact Statement for the Southwest Parkway, SH- Environmental 121T and transmitting the comments to the Texas Department of Impact Transportation for the Texas Department of Transportation's hearing Statement for on the final Environmental Impact Statement for Southwest Parkway, Southwest SH-121T. Parkway, SH- 121T— Heard City Secretary Hendrix stated that this item would be heard after After G-14605 Mayor and Council Communication No. G-14605. Committee There were no presentations or communications from boards, Presentations commissions and/or City Council Committees. OCS-1454 There was presented Mayor and Council Communication No. OCS- Claims 1454 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 November 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 Silcox, that Mayor and Council Communication No. G-14462 be continued for one week. The motion carried unanimously. G-14598 There was presented Mayor and Council Communication No. G- Ord. #16217 14598 from the City Manager recommending that the City Council Grant Franchise adopt Ordinance No. 16217 granting a franchise to Cosery Gas, Ltd., to Cosery Gas, for use of public rights-of-way in the City of Fort Worth for the Ltd. purpose of constructing, maintaining and operating a system of CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 4 of 17 pipelines and other facilities for the provision, distribution and transportation of gas to customers in the City of Fort Worth; requiring execution of a franchise agreement between the City of Fort Worth and Cosery Gas, Ltd., regarding terms, conditions and requirements related to the use of public rights-of-way in the City of Fort Worth and to the construction, maintenance and operation of pipelines and other facilities for the provision, distribution and transportation of gas to customers in the City of Fort Worth; regarding the manner and establishing procedures pertaining to the provision, distribution and transportation of gas to customers in the City of Fort Worth; and regarding reasonable compensation to the City of Fort Worth for the use of the public rights-of-way. It was the consensus of the City Council that the recommendation be adopted. G-14599 There was presented Mayor and Council Communication No. G- Approve 14599 from the City Manager recommending that the City Council Settlement of approve the proposed settlement of the claims of the City in the Lawsuit Styled lawsuit styled the City of Fort Worth and Charles Boswell, in his City of Fort official capacity as Interim City Manager and as Officer for public Worth and information v. Greg Abbott, Attorney General of Texas, Cause No. Charles GV402919; and authorize the appropriate City representative to Boswell, v. Greg execute the documents necessary to complete the settlement. It Abbott, was the consensus of the City Council that the recommendation be Attorney adopted. General of Texas, Cause #GV402919 G-14600 There was presented Mayor and Council Communication No. G- Authorize 14600 from the City Manager recommending that the City Council Leases Under accept assignment of existing leases between Guinn School tenants Master Lease of and the Fort Worth Business Assistance Center; terminate the James E. Guinn Master Lease between the City of Fort Worth and the Fort Worth School from Fort Business Assistance Center; and renew expired leases between Worth Business tenants and the City of Fort Worth. It was the consensus of the City Assistance Council that the recommendation be adopted. Center G-14601 There was presented Mayor and Council Communication No. G- Appoint Fort 14601 from the City Manager recommending that the City Council Worth appoint the following persons listed below to the Fort Worth Transportation Transportation Authority (FWTA) Executive Committee to one-year Authority terms from October 1, 2004 to September 30, 2005. Executive Committee CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 5 of 17 City Council Member FWTA Executive Committee Appointee Jim Lane, District 2 Ed Canas Chuck Silcox, District 3 Gary Havener Becky Haskin, District 4 Dr. Paul Geisel Donavan Wheatfall, District 5 Gyna Bivens Clyde Picht, District 6 Cathy Hirt John Stevenson, District 7 Bob Jameson Ralph McCloud, District 8 Glenn Forbes Wendy Davis, District 9 Jeff King It was the consensus of the City Council that the recommendation be adopted. G-14602 There was presented Mayor and Council Communication No. G- Ord. #16218 14602 from the City Manager recommending that the City Council Apply for and authorize the City Manager to apply for and accept an Economic Accept an Development Initiative Special Project grant in the amount of Economic $994,100.00 from the U.S. Department of Housing and Urban Development Development (HUD) for the Trinity River Vision Waterfront Facilities Initiative Special Construction project; authorize the City Manager to execute a Grant Project Grant Agreement with HUD to fund the Trinity River Vision Waterfront for Trinity River Facilities Construction project; and adopt Appropriation Ordinance Vision No. 16218 increasing estimated receipts and appropriations in the Waterfront Grants Fund in the amount of $994,100.00, subject to receipt of the Facilities Economic Development Initiative Special Project grant from the U.S. Construction Department of Housing and Urban Development, for the purpose of Project funding the Trinity River Vision Waterfront Facilities Construction Project. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14603 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-14603, settlement of claims involved in the lawsuit styled City of Fort Worth v. Fort Worth and Western Railroad Company, City of Fort Worth, Texas, Fort Worth Independent School District, and Tarrant County, Texas, Cause No. 2003-016214-3, in the County Court of Law Number 3, Tarrant County, Texas, and Fort Worth and Western Railroad Company v. City of Fort Worth, Appeal Number 04-10433 in the Fifth Circuit Court of Appeals and adoption of Supplemental Appropriation Ordinance, be withdrawn. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 6 of 17 Public Hearing It appeared that the City Council set today as the date for a public hearing on Approval and Appropriation of Mid-Year Amendments to FY 2004-2005 Crime Control and Prevention District Budget for Code Blue Program, Tasers, Election Costs and Crime Lab Needs Assessment. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Susan Alanis, representing the Police Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14604 as follows: G-14604 There was presented Mayor and Council Communication No. G- Ord. #16219 14604 from the City Manager recommending that the City Council Mid-Year approve a mid-year amendment of $947,703.00 to the FY 2004-2005 Amendments to Crime Control and Prevention District budget for Code Blue FY 2004-2005 Program, Tasers, Election Costs and Crime Lab needs Assessment Crime Control to fund various programs; and adopt Supplemental Appropriation and Prevention Ordinance No. 16219 increasing appropriations in the Crime Control District Budget and Prevention District Fund in the amount of $947,703.00 and for Code Blue decreasing the reserved, undesignated fund balance by the same Program, amount for the purpose of funding various programs in the Police Tasers, Election Department. Costs and Crime Lab Mayor Moncrief recognized Mr. Richard Vickers as being in support Needs of this issue, but was not present in the Council Chamber to Assessment comment. There being no one present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G-14604 be adopted. The motion carried unanimously. Mayor Pro tempore McCloud requested that the Police Department prepare a public education program on when and why the tasers would be discharged by the police officers. Public Hearing It appeared that the City Council set today as the date for a public hearing on Designating Tax Increment Reinvestment Zone Number Eleven, City of Fort Worth, Texas (Southwest Parkway TIF). Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 7 of 17 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-14605 as follows: G-14605 There was presented Mayor and Council Communication No. G- Ord. #16220 14605 from the City Manager recommending that the City Council Designate Tax hold a public hearing concerning the designation of Tax Increment Increment Reinvestment Zone Number Eleven, City of Fort Worth, Texas for tax Reinvestment increment financing purposes; and adopt Ordinance No. 16220 Zone Number designating a certain contiguous geographic area in the City of Fort Eleven, Worth as "Tax Increment Reinvestment Zone Number Eleven, City of (Southwest Fort Worth, Texas"; creating a Board of Directors for the zone; Parkway TIF) providing the effective and termination dates for the zone; establishing a Tax Increment Fund for the Zone. There being no one present desiring to be heard in connection with the public hearing, Council Member Lane made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-14605 be adopted. The motion carried unanimously. Res. #3148 There was presented Resolution No. 3148 adopting comments on Adopt Final the final Environmental Impact Statement for the Southwest Environmental Parkway, SH-121T and transmitting the comments to the Texas Impact Department of Transportation for the Texas Department of Statement for Transportation's hearing on the final Environmental Impact Southwest Statement for Southwest Parkway, SH-121 T. Parkway, SH- 121T Mr. Alan Glen, 1717 West 6t" Street, an attorney with the law firm of Smith, Robertson, Elliot & Glen, L.L.P., appeared before Council and summarized provisions in the resolution. Jon Nelson Mr. Jon Nelson, 307 W. 7t" Street, Suite 1000, representing I-CARE, appeared before Council in support of this issue. He commended the Council and staff on their efforts on this project and requested they recognize the history of this project that led to the acceptance of this alignment. Marc Epstein Mr. Marc Epstein, 201 Main Street, Suite 2500, representing Kelly Hart & Holman and on behalf of Rail Ranch Properties, L.P., and its owner Bob Bass, appeared before Council in support of this issue. He expressed concern with ecological issues and asked that the City place development requirements for runoff. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 8 of 17 Chuck Blanton Mr. Chuck Blanton, 3600 Briarhaven Road, representing the Overton Woods Homeowners Association, appeared before Council in opposition of this issue. He stated that the impact statement did not adequately address environmental issues expressed by the homeowners association. Council Member Davis expressed appreciation to everyone who worked on this project and requested that Assistant City Manager Marc Ott continue to work with the Alamo Heights and Mistletoe Heights neighborhoods to resolve their concerns. Assistant City Manager Ott stated that there were other opportunities for discussion and input with these communities. He added that the Overton Woods configuration was unchanged. He further stated that the Texas Department of Transportation would conduct a public hearing on the project on December 13, 2004 at 7:00 p.m. at the Fort Worth Convention Center and invited everyone to attend. City Attorney Yett stated that the resolution needed to be amended as follows: Page 3, change "WHEREAS" statement which reads: "WHEREAS, the City Council acknowledges TxDOT's selection of a preferred route alternative for the Project (Build Alternative C/A) that closely tracks the Locally Preferred Alternative identified by the City in Resolution 2923; and", to read "WHEREAS, the City Council acknowledges TxDOT's selection of the Locally Preferred Alternative identified by the City in Resolution 2923; and". Council Member Silcox made a motion, seconded by Council Member Davis, that the resolution be adopted as amended. The motion carried unanimously. Council Member Silcox also recognized the efforts of Mr. Charlie Hillard whose vision initially generated interest in this project. Council Member Silcox officially proposed that the highway be named Charlie R. Hillard Tollway in honor of Mr. Hillard. Mayor Moncrief stated that the Citizen Presentation relative to the Fort Worth Black Law Enforcement Officers' Association would be heard at this time to allow the officers present in the Council Chamber to return to duty. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 9 of 17 Citizen Sergeant Kevin Fitchett, President of the Fort Worth Black Law Presentations Enforcement Officers' Association along with other members of the Ken Fitchett association provided the Council with a brief history and activities of the Association since their formation in May 2004. He added that the Association was inclusive and membership was comprised of Police Officers and Marshals from nearby municipalities, not just Fort Worth Police Officers. Police Officer Lee Jackson, President of the Fort Worth Police Officers' Association, and Deputy Police Chief Pat Kneblick spoke favorably about the members of this association. L-13974 There was presented Mayor and Council Communication No. L- Permanent 13974 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement Easement described as portion of the N. Holbrook Survey, Abstract No. 647, Tarrant County, Texas from Fort Worth Vista West, L.P., for property located in far west Fort Worth (DOE 4630), necessary for the construction, operation, maintenance and repair of a drainage facility to serve the Vista West Phase III development for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13975 There was presented Mayor and Council Communication No. L- Pipeline 13975 from the City Manager recommending that the City Council Crossing authorize the City Manager to enter into a pipeline crossing Agreement agreement with the Union Pacific Railroad Company for Highpoint Hill Subdivision Development, Phase I (DOE 4594), for a one-time cost of $2,477.00. The developer will pay the cost of the agreement and the city will incur no cost for this agreement. It was the consensus of the City Council that the recommendation be adopted. L-13976 There was presented Mayor and Council Communication No. L- Permanent 13976 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement Easement described as portion of the J. Bowman Survey, Abstract No. 79, Tarrant County, Texas from Oncor Electric Delivery Company for property located in northwest Fort Worth (DOE 4169), necessary for the construction, operation, maintenance and repair of a surface drainage facility to serve the future development of the Marine Creek Subdivision for a cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 10 of 17 L-13977 There was presented Mayor and Council Communication No. L-13977 Permanent from the City Manager recommending that the City Council approve Drainage the acceptance of two permanent drainage easements, three Easements, permanent sanitary sewer easements and two temporary drainage Permanent easements described as portion of H. Robertson Survey, Abstract No. Sanitary Sewer 1259, Tarrant County, Texas from MDC-The Trails Limited Partnership Easements and for property located in far north Fort Worth (DOE 4450), necessary for Temporary the construction, operation, maintenance and repair of drainage and Drainage sanitary sewer facilities to serve the Trails of Fossil Creek Easements Subdivision, Phase 1 development for a total cost of $7.00. It was the consensus of the City Council that the recommendation be adopted. L-13978 There was presented Mayor and Council Communication No. L- Permanent 13978 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer easement Easement described as Lot 1, Block 24, Weisenberger Sunny Hill Addition, Tarrant County, Texas from Mauro Y. Ramirez for property located at 1200 Butler Street East (DOE 920), for a cost of $1.00; and authorize the City Manager to execute the appropriate easement instrument and record the necessary document. It was the consensus of the City Council that the recommendation be adopted. L-13979 There was presented Mayor and Council Communication No. L- Permanent 13979 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement, one Easement, permanent sanitary sewer easement and one temporary Permanent construction easement described as portion of the Moses Walters Sanitary Sewer Survey, Abstract No. 1598, Tarrant County, Texas from TXU Electric Easement and Delivery Company for property located in far south Fort Worth (DOE Temporary 4493), necessary for the contraction, operation, maintenance and Construction repair of drainage and sewer facilities to serve the Rosemary Ridge Easement Addition, Phase 1, for a total cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. L-13980 There was presented Mayor and Council Communication No. L- Right-of-Way 13980 from the City Manager recommending that the City Council Agreement and approve the acceptance of a right-of-way agreement and one Permanent permanent drainage easement described as A 220, BBB & CRR CO Drainage Survey, Tarrant County, Texas from TXU Electric Delivery Company Easement for property located in Northwest Tarrant County (DOE 4437), to serve various property owners for the Stone Creek Ranch Phase 1 Project needed to construct, maintain and operate a 39-inch underground storm drain line for properties located in the 6900 block of Boat Club Road, for a cost of $10.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 11 of 17 PZ-2561 There was presented Mayor and Council Communication No. PZ- Ord. #16221 2561 from the City Manager recommending that the City Council Vacate 70 Foot adopt Ordinance No. 16221 vacating and extinguishing a portion of Wide Portion of West Cantey Street from a point at the West Line of the alley of West Cantey Block 23 to the West Line of Block 23 to the West Line of Block 22, Street from University Place Addition, said right-of-way being adjacent to Lot 1 R, West Line of Block 1, TCU Addition, Lot 1R, Block 1, TCU Addition, Lot 8, Block Alley of Block 22, and Lot 9, Block 23 of the University Place Addition to the City of 23 to West Line Fort Worth, Tarrant County, Texas, and being approximately 386 ft of Block 22, long and 70 ft long and 70 ft wide and containing 27,024 square feet, University Place more or less; providing for the reversion of fee in said land; the Addition retainment of existing utility easements. It was the consensus of the VA-004-005 City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing on changing the street names of two private fire lanes within Lot 1, Block 1 of the River Park Villas Addition to the City of Fort Worth from "Camellia Drive" to "Camellia Rose Drive" and from "Camellia Court" to "Camellia Rose Court." Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. (Council Member Wheatfall stepped away from the dais.) Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. PZ-2562 as follows: PZ-2562 There was presented Mayor and Council Communication No. PZ- Ord. #16222 2562 from the City Manager recommending that the City Council Change Street adopt Ordinance No. 16222 changing the name of the two private fire Names of Two lanes within Lot 1, Block 1 of the River Park Villas Addition to the Private Fire City of Fort Worth from Camellia Drive to Camellia Rose Drive and Lanes of River from Camellia Court to Camellia Rose Court. Park Villas Addition There being no one present desiring to be heard in connection with (SN-04-004 and the public hearing, Council Member Davis made a motion, seconded SN-04-005) by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. PZ-2562 be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on changing the name of a portion of the old alignment of Crowley Road between Risinger Road and Crowley Road to "Nikki Lane." Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 12 of 17 (Mayor Pro tempore McCloud stepped away from the dais.) Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. PZ-2563 as follows: PZ-2563 There was presented Mayor and Council Communication No. PZ- Ord. #16223 2563 from the City Manager recommending that the City Council Change Name adopt Ordinance No. 16223 changing the name of a portion of the old of Crowley alignment of Crowley Road between Risinger Road and Crowley Road Between Road to Nikki Lane. Risinger Road and Crowley There being no one present desiring to be heard in connection with Road to "Nikki the public hearing, Council Member Picht made a motion, seconded Lane" by Council Member Stevenson, that the public hearing be closed and (SN-04-006) Mayor and Council Communication No. PZ-2563 be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on changing the street names from "Pancho Villa Trail" to "Nathaniel Drive" and from "Theodore Street" to "Pinion Parkway" both Streets are located within the Pinion Park Addition. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. PZ-2564 as follows: (Mayor Pro tempore McCloud returned to his chair at the dais.) PZ-2564 There was presented Mayor and Council Communication No. PZ- Ord. #16224 2564 from the City Manager recommending that the City Council Change Street adopt Ordinance No. 16224 changing the name of Pancho Villa Trail Names from between Beaver Creek and Caballo Street to Nathaniel Drive and "Pancho Villa Theodore Street between Boat Club Road and its terminus at the Trail" to east boundary of Pinion Park Addition to Pinion Parkway, Slide 9434, "Nathaniel Tarrant County, Texas. Drive" and from "Theodore There being no one present desiring to be heard in connection with Street" to the public hearing, Council Member Stevenson made a motion, "Pinion seconded by Council Member Silcox, that the public hearing be Parkway" Pinion closed and Mayor and Council Communication No. PZ-2564 be Park Addition adopted. The motion carried unanimously. (SN-04-007 & SN-04-008) CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 13 of 17 C-20409 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. C-20409, dated November 16, 2004, approval of an Enhanced Community Facilities Agreement with Kimco Montgomery Plaza, L.P., for the construction of street and water and sewer services to serve the Montgomery Plaza, a mixed-use development west of downtown in the Cultural District, be withdrawn. C-20426 There was presented Mayor and Council Communication No. C- Ord. #16225 20426 from the City Manager recommending that the City Council Ord. #16226 adopt Appropriation Ordinance No. 16225 increasing appropriations Songer in the Environmental Management Operating Fund in the amount of Construction, $125,000.00 and decreasing unreserved fund balance by the same Inc. amount, for the purpose of transferring funds to the Environmental Management Project Fund; authorize the City Manager to transfer $125,000.00 from the Environmental Management Operating Fund to the Fire Improvements Fund; adopt Appropriations Ordinance No. 16226 increasing estimated receipts and appropriations in the Fire Improvements Fund in the amount of $125,000.00 from available funds, for the purpose of funding a contract with Songer Construction, Inc., for construction of Fire Station No. 8 at 1101 12th Avenue; and authorize the City Manager to execute a contract with Songer Construction, Inc., in the amount of $2,430,000.00 for construction of Fire Station No. 8, to be located at 1101 12th Avenue. It was the consensus of the City Council that the recommendation be adopted. C-20427 There was presented Mayor and Council Communication No. C- Centex Homes 20427 from the City Manager recommending that the City Council authorize the City Manager to execute a Detention Pond Maintenance Agreement with Centex Homes, a Nevada General Partnership, regarding a detention pond for the property described as Lot 5, Block 6, Poynter Crossing Addition, Phase 3; and authorize the developer of mentioned property to assign the agreement to the Poynter Crossing Homeowners Association, and acknowledge the Association agrees to accept the lot as a Common Area. It was the consensus of the City Council that the recommendation be adopted. C-20428 It was the consensus of the City Council that Mayor and Council Continued for Communication No. C-20428, adoption of Supplemental One Week Appropriation Ordinance and approve execution of contract with Independent Environmental Services of Texas, Inc., for collection services of out-of-cycle, contaminated, and excess waste piles, be continued for one week. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 14 of 17 C-20429 There was presented Mayor and Council Communication No. C- Change Order 20429 from the City Manager recommending that the City Council #2 to CSC authorize the City Manager to execute Change Order No. 2 to City #28378, Eagle Secretary Contract No. 28378 with Eagle Construction and Construction Environmental Services, Inc., to provide additional funds in the and amount of $344,600.55 for disposal of residual sewage sludge and Environmental liquid in Digester No. 9 at the former Riverside Wastewater Services, Inc. Treatment Plant, increasing the contract amount to $606,282.55. It was the consensus of the City Council that the recommendation be adopted. C-20430 There was presented Mayor and Council Communication No. C- Amendment #7 20430 from the City Manager recommending that the City Council to CSC #20565, authorize the City Manager to execute Amendment No. 7 to City Freese and Secretary Contract No. 20565 with Freese and Nichols, Inc., for the Nichols, Inc. Integrated Wet Weather Wastewater Management Program, increasing the amount of the agreement by $2,566,618.00 to a total fee not to exceed $18,243,933.12 for services rendered since 1994. It was the consensus of the City Council that the recommendation be adopted. C-20431 There was presented Mayor and Council Communication No. C- Bethesda Water 20431 from the City Manager recommending that the City Council Supply authorize wastewater service to 12537 Oak Grove Road South Corporation located in Tarrant County, outside of the Fort Worth City limits. It was the consensus of the City Council that the recommendation be adopted. C-20432 There was presented Mayor and Council Communication No. C- Turner Collie & 20432 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 $102,800.00 for the Northwest Water Treatment Plant Site selection. It was the consensus of the City Council that the recommendation be adopted. C-20433 There was presented Mayor and Council Communication No. C- Ord. #16227 20433 from the City Manager recommending that the City Council Fort Worth approve the Interlocal Agreement with Fort Worth Independent Independent School District for transportation services for Summer Day Camp School District Program; approve the purchase of transportation services, for a cost of $29,287.98 which was expended in the 2004 Summer Program; approve the purchase of transportation services, for an anticipated expenditure of $40,000.00 for the 2005 Summer Program; and adopt Appropriation Ordinance No. 16227 increasing estimated receipts CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 15 of 17 and appropriations in the Special Trust Fund in the amount of $69,287.98 contingent upon receipt of funds pursuant to an Interlocal Agreement with the Fort Worth Independent School District for the purpose of funding transportation services for the Summer Day Camp Program. It was the consensus of the City Council that the recommendation be adopted. C-20434 There was presented Mayor and Council Communication No. C- Mercantile 20434 from the City Manager recommending that the City Council Partners, L.P. authorize the City Manager to execute a community facilities agreement with Mercantile Partners, L.P., for the installation of community facilities for Mercantile Center Addition, Lots 3 and 4, Block 7 located on Sylvania Avenue. Council Member Lane made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-20435 There was presented Mayor and Council Communication No. C- Amendment #2, 20435 from the City Manager recommending that the City Council North Texas authorize the City Manager to execute Amendment No. 2 to the Tollway agreement between the City of Fort Worth, the North Texas Tollway Authority, and Authority, and the Texas Department of Transportation for the Texas development of SH 121 Tollway (Southwest Parkway). Department of Transportation Marc Epstein Mr. Marc Epstein, 201 Main Street, Suite 2500, representing Kelly Hart & Holman and on behalf of Rail Ranch Properties, L.P., and its owner Bob Bass, appeared before Council in support of the amendment. He requested that Section 1 to the attachment of the term sheet reflect that Duch Branch Crossing be terraced and landscaped the same as Arborlawn and Oaklawn. Council Member Silcox made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-20436 There was presented Mayor and Council Communication No. C- Edwards Geren 20436 from the City Manager recommending that the City Council Limited authorize the City Manager to execute the Development Agreement for the South Tract of the Edwards Geren Limited property located north of Oakmont Boulevard, west of Hulen Street, south of Overton Ridge Boulevard and east of Bryant Irvin Road. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 16 of 17 C-20437 There was presented Mayor and Council Communication No. C- Edwards Geren 20437 from the City Manager recommending that the City Council Limited authorize the City Manager to execute the Infrastructure Development Agreement with Edwards Geren Limited, subject to non-material changes that may be agreed to between the parties prior to execution, relating to the construction of State Highway 121- T; and approve the wire transfer of funds to an escrow account overseen by Alamo Title in the amount of $9,662,031.25 as provided by an escrow agreement. City Attorney Yett stated that paragraph 2 in the Recommendation section of the M&C needed to be amended to change "Exhibit E" to "Exhibit D". Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted as amended. The motion carried unanimously. Citizen Ms. Karen Foley, 3759 East Lancaster, appear before Council relative Presentations to planting of flowers on the median on East Lancaster. She stated Ms. Karen Foley that the City had not contacted her on this issue since her appearance before Council in June 2004 with this request. (Council Member Wheatfall returned to his chair at the dais.) She suggested the City start a new program to have volunteers plant the flowers. City Attorney Yett stated that City staff had worked with Ms. Foley on this issue and advised her that the Texas Department of Transportation (TXDoT) would not waive the insurance requirement. He added that the City could not override State requirements and that the decision remained with TXDoT. Council Member Silcox stated that Camp Bowie was a State highway and that the median had been planted by volunteers. He requested that Randle Harwood, Acting Parks and Community Services Department Director research the planting to ascertain if the City would be allowed to use volunteers under the same circumstances. He added that Bryant Irvin Road and Hulen Street were not State highways, but he would like to see trees planted in medians at these locations. City Manager Boswell stated that he would look into planting trees at these locations. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 7, 2004 PAGE 17 of 17 Opal Lee Ms. Opal Lee, 417 S. Judkins, appeared before Council relative to using a vacant building at the Guinn School for a museum. She invited the Council to attend a meeting on this subject on December 15, 2004 at 10:00 a.m. at the Guinn School. Mr. Victor Lopez, 3419 N. Pecan, was acknowledged by the Mayor, but was not present in the Council Chamber to make a presentation relative to a recycling problem. Adjournment There being no further business, the meeting was adjourned at 9:11 p.m. These minutes approved by the Fort Worth City Council on the 14th day of December, 2004. Attest: Approve Marty Hendkx Michael J Moncr City Secretary Mayor