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HomeMy WebLinkAbout2003/12/02-Minutes-City Council CITY COUNCIL MEETING DECEMBER 2, 2003 Date & Time On the 2nd of December, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 7:00 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 Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Jim Lane was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Father Daniel Kelley, St. Georges' Rectory. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Haskin, the minutes of the regular meeting of November 18, 2003, were approved unanimously. Special Council Member Silcox presented a Proclamation for Local Law Presentations Enforcement Day. Mayor Pro tempore McCloud presented a Proclamation for World AIDS Day. Mr. Phil Moronesco, Chair of Reggio Emilia Committee, Fort Worth Sister Cities International, introduced Mr. Stephano Antichi, Reggio Emilia, Italy. Mayor Moncrief presented a Proclamation to Council Member Clyde Picht in recognition of his 70th birthday. Mayor Moncrief recognized Boy Scouts and troop leaders from Boy Scout Troop 32, Saint Elizabeth Ann Seaton. Mayor Moncrief stated the Boy Scouts were attending the Council Meeting working towards their Citizenship in the Community Badge. Announcements Mayor Pro tempore McCloud recognized Fort Worth Independent School District Board Trustee, Mr. Juan Rangel, in the audience and welcomed him to the Council meeting. Council Member Silcox raised attention to the growing euthanasia rate in the City and encouraged everyone to be a responsible pet owner and have their dog or cat spayed or neutered. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 2 of 21 Withdrawn from Mayor Pro tempore McCloud requested that Mayor and Council Consent Agenda Communication Nos. G-14168 and G-14169 be withdrawn from the consent agenda. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Stevenson, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Moss made a motion, seconded by Council Member Davis to appoint Mr. Dennis Dunkins to the Parks and Community Services Advisory Board and Mr. Solomon Haile to the Aviation Advisory Board, effective December 2, 2003, and with terms expiring October 1, 2005. The motion carried unanimously. Res. #3011 There was presented Resolution No. 3011 authorizing the City Negotiate with Manager to engage in negotiations with Austin Commercial Austin Incorporated and Omni Hotels for the Development of a Commercial Convention Center Hotel. Council Member Davis made a motion, Incorporated and seconded by Council Member Silcox, that the recommendation be Omni Hotels for adopted. The motion carried unanimously. the Development of a Convention Center Hotel Res. #3012 There was presented Resolution No. 3012 supporting the grant Grant for application for Federal Funding of the Northside Community Health Federal Funding Center. Council Member Davis made a motion, seconded by of the Northside Council Member Silcox, that the recommendation be adopted. The Community motion carried unanimously. Health Center OCS-1385 There was presented Mayor and Council Communication No. OCS- Claims 1385 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-14164 There was presented Mayor and Council Communication No. G- Payment for 14164 from the City Manager recommending that the City Council Membership with authorize payment for the City's FY2003-2004 membership with the the North Central North Central Texas Council of Governments in the amount of Texas Council of $57,750.00. It was the consensus of the City Council that the Governments recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 3 of 21 G-14165 There was presented Mayor and Council Communication No. G- Payment for 14165 from the City Manager recommending that the City Council Membership authorize payment for the City of Fort Worth's FY2003-2004 with the North membership with the North Texas Commission in the amount of Texas $47,320.00. It was the consensus of the City Council that the Commission recommendation be adopted. G-14166 There was presented Mayor and Council Communication No. G- Ord. #15760 14166 from the City Manager recommending that the City Council Grant Franchise adopt Ordinance No. 15760 granting a franchise to Strategic Cable to Strategic Technologies, L.P. for use of public rights-of-way in the City of Fort Cable Worth for the purpose of constructing, maintaining and operating a Technologies, cable television system; requiring execution of a franchise L.P. for Cable agreement between the City of Fort Worth and Strategic Cable Television Technologies, L.P. regarding conditions and requirements related System to the use of public rights-of-way in the City of Fort Worth and to the construction, maintenance and operation of a cable television system and to the provision of cable services to residents of the City of Fort Worth and to 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-14167 There was presented Mayor and Council Communication No. G- Payment for 14167 from the City Manager recommending that the City Council Membership authorize payment for the City's membership with the Texas with the Texas Municipal League in the amount of $25,558.00. It was the Municipal consensus of the City Council that the recommendation be League adopted. G-14168 There was presented Mayor and Council Communication No. G- Settlement of 14168 from the City Manager recommending that the City Council: Claims in Lawsuit - I.V. 1. Approve the proposed settlement of the claims of I.V. Haley in Haley v. City of the lawsuit entitled I.V. Haley v. City of Fort Worth, in the 141St Fort Worth, in Judicial District Court of Tarrant County, Cause No. 141- 141St Judicial 192264-02; and District Court of Tarrant County, 2. Authorize the payment of $47,500.00, less normal payroll Cause deductions, to I.V. Haley with the check made payable to I.V. #141-192264-02 Haley; and 3. Authorize the appropriate City representative to execute the documents necessary to complete the settlement. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 4 of 21 City Attorney Yett stated the settlement for this issue as well as for Mayor and Council Communication No. G-14169, was a result of the officers' being reinstated and the calculation of backpay was reached through mediation. If these cases went to court the amount awarded for backpay could increase or decrease. However, the reinstatement of the officers was final and was not an issue in this settlement agreement. Council Member Stevenson made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G- 14168 be adopted. The motion carried unanimously. G-14169 There was presented Mayor and Council Communication No. G- Settlement of 14169 from the City Manager recommending that the City Council: Claims in 1. Approve the proposed settlement of the claims of John R. Lawsuit - John Ornelas in the lawsuit entitled John R. Ornelas v. City of Fort R. Ornelas v. Worth, in the 342nd Judicial District Court of Tarrant County, City of Fort Worth, in 342nd Cause No. 342-192265-02; and Judicial District 2. Authorize the payment of $48,000.00, less normal payroll Court of Tarrant deductions, to John R. Ornelas with the check made payable to County, Cause John R. Ornelas; and #342-192265-02 3. Authorize the appropriate City representative to execute the documents necessary to complete the settlement. Council Member Davis made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. G- 14169 be adopted. The motion carried unanimously. G-14170 There was presented Mayor and Council Communication No. G- Temporary 14170 from the City Manager recommending that the City Council Closure of Ray authorize the temporary closure of Ray White Boulevard from White Boulevard North Beach Street to approximately 1,100 feet west of Beach from North Street beginning November 18, 2003, until April 1, 2004. It was the Beach Street to consensus of the City Council that the recommendation be West of Beach adopted. Street G-14171 There was presented Mayor and Council Communication No. G- Initiate Zoning 14171 from the City Manager recommending that the City Council Changes for authorize the City Manager to initiate certain zoning changes for Area Annexed the area annexed for limited purposes on January 7, 2003, and for Limited referred to as the "287 Zone". Certain property in the "287 Zone" Purposes would be rezoned from the "AG" Agricultural classification to Known as "287 various other classifications. It was the consensus of the City Zone" Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 5 of 21 G-14172 There was presented Mayor and Council Communication No. G- Ord. #15761 14172 from the City Manager recommending that the City Council: Grant for Brownfields 1. Authorize the City Manager to apply for and accept a grant, Economic if awarded, from the U.S. Environmental Protection Agency Redevelopment in the amount of $400,000.00 for the Brownfields Economic Program Redevelopment Program; and 2. Adopt Appropriation Ordinance No. 15761 increasing estimated receipts and appropriations in the Grants Fund in the amount of $400,000.00, subject to receipt of the grant from the U.S. Environmental Protection Agency, for the purpose of funding the Brownfields Economic Redevelopment Program. G-14173 There was presented Mayor and Council Communication No. G- Settlement of 14173 from the City Manager recommending that the City Council: Claims in Condemnation 1. Approve the proposed settlement of the claims of William J. Lawsuit - City of Tucker and wife, Linda Marlene Lee Tucker (Tuckers), in the Fort Worth v. condemnation lawsuit entitled City of Fort Worth v. William J. William J. Tucker and wife, Linda Marlene Lee Tucker, in the County Tucker and Wife, Court of Tarrant County, Cause No. 2001-002795-3; and Linda Marlene Lee Tucker, in 2. Authorize the payment of $32,500.00 to the Tuckers consisting County Court of of $22,000.00 previously deposited in the registry of the court Tarrant County, and a check made payable for $10,500.00 to William J. Tucker Cause and wife, Linda Marlene Lee Tucker, and attorney, Michelle #2001-002795-3 Jones; and 3. Authorize the appropriate City representative to execute the documents necessary to complete the settlement. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-14174 There was presented Mayor and Council Communication No. G- Donation of 14174 from the City Manager recommending that the City Council Phase One of accept the donation of improvements worth approximately Native Forest $320,000.00 from the Fort Worth Botanical Society for phase one of Boardwalk to the Native Forest Boardwalk to Botanic Garden. Council Member Botanic Garden Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted with appreciation. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 6 of 21 G-14175 There was presented Mayor and Council Communication No. G- Donations in 14175 from the City Manager recommending that the City Council Improvements accept donations of improvements worth approximately $84,000.00 from Fort Worth to the Botanic Garden from the Fort Worth Botanical Society. Botanical Council Member Davis made a motion, seconded by Council Society Member Haskin, that the recommendation be adopted with appreciation. The motion carried unanimously. G-14176 There was presented Mayor and Council Communication No. G- Ord. #15762 14176 from the City Manager recommending that the City Council: Pilot Program for Off-Leash 1. Approve the transfer of $88,000.00 from the Special Trust Fund Dog Park at to the Park Improvements Fund; and Gateway Park 2. Adopt Appropriation Ordinance No. 15762 increasing estimated receipts and appropriations in the Park Improvements Fund in the amount of $88,000.00 from available funds for the purpose of funding construction of a Pilot Off- Leash Dog Park at Gateway Park. 3. Authorize the City Manager to construct a pilot off-leash dog park at Gateway Park at a cost of$88,000.00. The following individuals appeared before Council in support of the off-lease dog park at Gateway Park: Jason Smith, Mr. Jason Smith 2257 College Avenue Charles Dreyfus, Mr. Charles Dreyfus 2416 Park Place Elise Effmann Ms. Elise Effmann 134 St. Donovan Street The following individuals appeared before Council in opposition of the dog park. They expressed concern with expenditure of City funds for this park when Cobb Park needed playground equipment replaced, drinking fountains and lights repaired, and restroom facilities installed. Monnie Gilliam, Mr. Monnie Gilliam 1100 Vicki Lane Joan Crownover Ms. Joan Crownover 1041 E. Robert Street City Manager Jackson stated the 2004 Bond Program included an allocation to replace playground equipment at two parks in the City. He added that staff would look at Cobb Park and if the bond program was approved there would be sufficient funding to include Cobb Park. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 7 of 21 Council Member Haskin made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Haskin, Moss, Picht, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Member Lane G-14177 There was presented Mayor and Council Communication No. G- Ord. #15763 14177 from the City Manager recommending that the City Council: Donation from Amon G. Carter 1. Authorize the City Manager to accept donations in the amount Foundation and of $5,000.00 from the Tarrant Regional Water District and Tarrant Regional $6,000.00 from the Amon G. Carter Foundation for the Parks Water District and Community Services Native and Adapted Tree Planting for Tree Planting and Maintenance Guide; and & Maintenance 2. Adopt Appropriation Ordinance No. 15763 increasing Guide estimated receipts and appropriations in the Urban and Community Forestry Grant and Tree Planting and Maintenance Guide Fund in the amount of $11,000.00, subject to receipt of donations from the Tarrant County Regional Water District and the Amon G. Carter Foundation, for the purpose of funding Parks and Community Services Native and Adapted Tree Planting and Maintenance Guide. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted with appreciation. The motion carried unanimously. Council Member Picht excused himself from the Council table at this time. Public Hearing It appeared that the City Council set today as the date for a public hearing concerning the designation of Tax Increment Reinvestment Zone No. 7, City of Fort Worth, Texas. Mayor Moncrief 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, called attention to Mayor and Council Communication No. G-14178 as follows, and recommended the public hearing be continued for one week: CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 8 of 21 G-14178 There was presented Mayor and Council Communication No. G- Continued for 14178 from the City Manager recommending that the City Council: One Week 1. Hold a public hearing concerning the designation of Tax Increment Reinvestment Zone No. 7, City of Fort Worth, Texas; and 2. Adopt an ordinance amending Ordinance No. 14441 by terminating Tax Increment Reinvestment Zone No. 5, City of Fort Worth, Texas; designating a certain contiguous geographic area in the City of Fort Worth as "Tax Increment Reinvestment Zone No. 7, City of Fort Worth, Texas"; creating a Board of Directors for the Zone; providing the effective and termination dates for the Zone; establishing a Tax Increment Fund for the Zone and containing other matters related to the Zone, pursuant to Texas Tax Code, Chapter 311. There being no one else present desiring to be heard in the public hearing concerning the designation of Tax Increment Reinvestment Zone No. 7, City of Fort Worth, Texas, Council Member Stevenson made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be continued one week. The motion carried unanimously. Council Member Picht assumed his chair. Public Hearing It appeared that the City Council set today as the date for a public hearing concerning the designation of Tax Increment Reinvestment Zone No. 8, City of Fort Worth. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Christine Maguire, representing the Economic and Community Development Department, appeared before Council, gave a staff report, called attention to Mayor and Council Communication No. G-14179 as follows, and recommended the public hearing be continued for one week: G-14179 There was presented Mayor and Council Communication No. G- Continued for 14179 from the City Manager recommending that the City Council: One Week 1. Hold a public hearing concerning the designation of Tax Increment Reinvestment Zone No. 8, City of Fort Worth; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 9 of 21 2. Adopt an ordinance designating a certain contiguous geographic area in the City of Fort Worth as "Tax Increment Reinvestment Zone No. 8, City of Fort Worth, Texas"; creating a Board of Directors for the Zone; providing the effective and termination dates for the Zone; establishing a Tax Increment Fund for the Zone; and containing other matters related to the Zone, pursuant to Texas Tax Code, Chapter 311. Ed Casebier Mr. Ed Casebier, 100 E. 15th Street, representing Renaissance Development, appeared before Council in support of Tax Reinvestment Zone No. 8. He stated that approval of his construction loan was predicated on this issue being approved by Council no later than December 9, 2003, and requested Council's favorable consideration. There being no one else present desiring to be heard in the public hearing concerning the designation of Tax Increment Reinvestment Zone No. 8, City of Fort Worth, Texas, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be continued for one week. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on appeal of the decision of the Historic and Cultural Landmarks Commission to deny the application for a Certificate of Appropriateness for property located at 1205 Hawthorne Avenue. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Fernando Costa, Planning Department Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14180, as follows: G-14180 There was presented Mayor and Council Communication No. G- Appeal Decision 14180 from the City Manager recommending that the City Council of Historic & conduct a public hearing on an appeal of the decision of the Cultural Historic and Cultural Landmarks Commission to deny the Landmarks application for a Certificate of Appropriateness for decorative Commission to scroll work on the house at 1205 Hawthorne Avenue. Deny Certificate of Appropriateness for Property Located at 1205 Hawthorne Avenue CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 10 of 21 Fred Rogers, Mr. Fred Rogers and Mrs. Loma Rogers, 1205 Hawthorne Avenue, Loma Rogers owners of the property, appeared before Council in opposition of the Cultural Landmarks Commission denial. They stated they had performed extensive research on both Queen Ann and Folk Victorian style of homes and that the decorative scroll work would be appropriate for either style. Marianna Thrapp Ms. Marianna Thrapp, 1909 Alston Avenue, President of the Fairmount Neighborhood Association, appeared before Council in support of the denial. She stated that homeowners who do not abide by historical district ordinances reduced the historical significance of the areas. She added that signs were posted throughout the neighborhood reflecting its designation, the neighborhood association mailed newsletters to approximately 2,100 homes twice a year and conducts monthly meetings, and information for renovating historical homes was on their website. Barbara Koerble Ms. Barbara Koerble, 1815 5t" Avenue, appeared before Council in support of the denial. She stated that guidelines were in place for renovation of historical homes and they should be enforced. After a lengthy discussion amongst the Council, Council Member Stevenson called for the question. There being no one else present desiring to be heard in the public hearing on appeal of the decision of the Historic and Cultural Landmarks Commission to deny the application for a Certificate of Appropriateness for property located at 1205 Hawthorne Avenue, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and that Mayor and Council Communication No. G-14180 be adopted. The motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Picht, Stevenson, and Davis NOES: Mayor Moncrief; Council Members Silcox, Haskin, and Moss ABSENT: Council Member Lane City Attorney Yett stated that in order for the recommendation of the Historic and Cultural Landmarks Commission to be overturned, a five to four vote would be required. He added that in cases where there was a tie vote, the decision of the commission would stand. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 11 of 21 Public Hearing It appeared that the City Council set today as the date for a public hearing on appeal of the decision of the Historic and Cultural Landmarks Commission to deny the application for a Certificate of Appropriateness for property located at 1626 Lipscomb Street. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Fernando Costa, Planning Department Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14181, and stated that the appellant had sold the home and staff therefore requested this item be withdrawn. G-14181 There was presented Mayor and Council Communication No. G- Withdrawn 14181 from the City Manager recommending that the City Council appeal of the decision of the Historic and Cultural Landmarks Commission to deny the application for a Certificate of Appropriateness for aluminum windows on the house 1626 Lipscomb Street. There being no one else present desiring to be heard in the public hearing on appeal of the decision of the Historic and Cultural Landmarks Commission to deny the application for a Certificate of Appropriateness for property located at 1626 Lipscomb Street, Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G- 14181 be withdrawn. The motion carried unanimously. P-9881 There was presented Mayor and Council Communication No. P- Management 9881 from the City Manager recommending that the City Council: Software, 1. Authorize the purchase of software, system installation Maintenance & services and training for the Helpdesk Expert Automated Installation Tool Plus Knowledge, a knowledge base system from Services Alliance Technology for use by the Information Technology Solutions Department for an estimated cost of $80,950.50, using the State of Texas Building and Procurement catalogue purchasing procedures; and 2. Authorize the purchase of yearly software maintenance from Alliance Technology with a first year cost of$3,989.00; and 3. Authorize the yearly software maintenance agreement to begin December 2, 2003, and expire December 1, 2004, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 12 of 21 L-13706 There was presented Mayor and Council Communication No. L- Pipeline 13706 from the City Manager recommending that the City Council Crossing authorize the City Manager to enter into a perpetual pipeline Agreement crossing agreement with Union Pacific Railroad Company for the construction of Main 244A Parallel Relief Sewer in East Fort Worth (DOE 3295) needed for the construction of a 78-inch sewer line crossing Union Pacific Railroad Company property near the intersection of Cooks Lane and Lancaster Avenue for a one-time cost of $2,500.00. It was the consensus of the City Council that the recommendation be adopted. L-13707 There was presented Mayor and Council Communication No. L- Permanent 13707 from the City Manager recommending that the City Council Sanitary Sewer approve the acquisition of one permanent sanitary sewer easement Easement & and one temporary construction easement described as part of Temporary Lots 4 & 5, Block 2, B. Harris Subdivision, Tarrant County, Texas, Construction from Barry Corbin for property located in East Fort Worth for the Easement construction of Main 244A Parallel Relief Sewer (DOE 3295) required to separate wastewater flow from the City of Arlington from US-180 (Lancaster Avenue) to the Village Creek Wastewater Treatment Plant for a total cost of $19,400.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13708 There was presented Mayor and Council Communication No. L- Right-of-Way & 13708 from the City Manager recommending that the City Council Permanent authorize the City Manager to approve the acquisition of right-of- Slope Easement way (ROW) and a permanent slope easement described as A-999, William McCowan Survey, Tarrant County, Texas, from Ellesmere Investment Corporation for the Highway Interchange at North Tarrant Parkway from IH-35W to US-377 (DOE 4014) near the existing ROW of North Tarrant Parkway (Project No. 0081-12-036) for a cost of $112,050.00 plus closing costs. It was the consensus of the City Council that the recommendation be adopted. L-13709 There was presented Mayor and Council Communication No. L- Septic Drain- 13709 from the City Manager recommending that the City Council Field License authorize the execution of a septic drain-field license agreement Agreement with Joseph and Deborah Hasler for City-owned Lake Worth property located across the road from Lot 37, Block 14 (7412 Love Circle), for a term of five years ending on November 30, 2008, with one option to extend the agreement for another five-year term for an annual rate of $280.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 13 of 21 L-13710 There was presented Mayor and Council Communication No. L- Septic Drain- 13710 from the City Manager recommending that the City Council Field License authorize the approval of a septic drain-field license agreement Agreement with Shirley J. Maxwell for City-owned Lake Worth Property located across the road from Lot 6, Block 15 (7360 Love Circle), for a term of five years ending on January 31, 2008, with one option to extend the agreement for another five-year term for an annual rate of $280.00. It was the consensus of the City Council that the recommendation be adopted. L-13711 There was presented Mayor and Council Communication No. L- Permanent 13711 from the City Manager recommending that the City Council Water Main authorize the City Manager to accept three permanent water main Easements & easements described as part of A.F. Albright Survey, Abstract No. Right-of-Way 1849 and part of Y.W. Allen Survey, Abstract No. 15, Tarrant Permits County, Texas, respectively, and right-of-way permits from Oncor Electric Delivery Company needed for construction of a 48-inch water main in Northwest Tarrant County, Northside II Water Main Extension, Phase II (DOE 4088) in three locations between NW Loop 820 and Longhorn Road for a total cost of $30.00. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing for the conversion of 0.041 acres of parkland at the Botanic Garden for an underground optic cable easement for SBC Communications, Inc. to meet Federal deadlines for Homeland Security measures undertaken by Lockheed Martin Corporation. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Randle Harwood, representing the Parks and Community Services Department, appeared before Council, give a staff report and called attention to Mayor and Council Communication No. L- 13712, as follows: L-13712 There was presented Mayor and Council Communication No. L- Underground 13712 from the City Manager recommending that the City Council: Optic Cable Easement 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 14 of 21 2. Find that no feasible or prudent alternative exists for providing the needed easement at the Botanic Garden; and 3. Find that the proposed parking lot expansion project includes all reasonable planning to minimize harm to the Botanic Garden; and 4. Close the public hearing and authorize the City Manager to convert 0.041 acres (1,800 square feet) of dedicated parkland and to execute the necessary documents with SBC Communications, Inc. for a fiber-optic cable easement, which is to be placed on a portion of land situated in the Thomas White Survey, Abstract No. 1636, City of Fort Worth, Tarrant County, Texas. There being no one else present desiring to be heard in the public hearing for the conversion of 0.041 acres of parkland at the Botanic Garden for an underground optic cable easement for SBC Communications, Inc. to meet Federal deadlines for Homeland Security measures undertaken by Lockheed Martin Corporation, Council Member Silcox made a motion, seconded by Council Member Davis, that the public hearing be closed and that Mayor and Council Communication No. L-13712 be adopted. The motion carried unanimously. C-19865 There was presented Mayor and Council Communication No. C- City Center 19865 from the City Manager recommending that the City Council Development authorize the City Manager to enter into a consent agreement with Company, L.P. City Center Development Company, L.P., authorizing use of the right-of-way for existing encroachments in Second Street and Commerce Street. It was the consensus of the City Council that the recommendation be adopted. C-19866 There was presented Mayor and Council Communication No. C- Dwight J. 19866 from the City Manager recommending that the City Council Mitchell authorize the City Manager to enter into a consent agreement with Dwight J. Mitchell authorizing use of the right-of-way for installation of a landing and stairs in Galveston Avenue at 160 West Magnolia Avenue, Suite 2. It was the consensus of the City Council that the recommendation be adopted. C-19867 There was presented Mayor and Council Communication No. C- Ord. #15764 19867 from the City Manager recommending that the City Council: Ord. #15765 Sutton & 1. Authorize the City Manager to transfer $9,966,113.00 from the Associates, L.P. General Fund to the Contract Street Maintenance Fund; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 15 of 21 2. Adopt Appropriation Ordinance No. 15764 increasing estimated receipts and appropriations in the Contract Street Maintenance Fund in the amount of $9,966,113.00 from available funds for the purpose of funding a portion of the Fiscal Year 2003-2004 Street Maintenance Program; and 3. Authorize the City Manager to transfer $271,708.75 from the Water and Sewer Operating Fund to the Water Capital Project Fund; and 4. Adopt Appropriation Ordinance No. 15765 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $271,708.75, from available funds for purpose of funding a contract with Sutton & Associates, L.P. for HMAC Surface Overlay (2004-1) at Various Locations; and 5. Authorize the City Manager to execute a contract with Sutton & Associates, L.P. in the amount of $498,417.50 for 75 working days for HMAC (Hot Mix Asphaltic Concrete) Surface Overlay 2004-1 at Various Locations. It was the consensus of the City Council that the recommendation be adopted. C-19868 There was presented Mayor and Council Communication No. C- Ord. #15766 19868 from the City Manager recommending that the City Council: Sutton & Associates, L.P. 1. Authorize the transfer of $217,988.12 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $108,994.06 and Sewer Capital Project Fund in the amount of $108,994.06; and 2. Adopt Appropriation Ordinance No. 15766 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $108,994.06 and the Sewer Project Fund in the amount of $108,994.06 from available funds for purpose funding a contract with Sutton & Associates, L.P. for HMAC Surface Overlay 2004-2; and 3. Authorize the City Manager to execute a contract with Sutton & Associates, L.P. in the amount of $419,176.25 for 45 working days for HMAC Surface Overlay 2004-2 at Various Locations. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 16 of 21 C-19869 There was presented Mayor and Council Communication No. C- Amend Lease - 19869 from the City Manager recommending that the City Council: Latin Arts Association 1. Authorize the City Manager to execute a Lease Amendment with the Latin Arts Association for Property Located at 1440 North Main Street; and 2. Authorize the City Manager to execute a Community Development Block Grant agreement with the Latin Arts Association in an amount not to exceed $20,250.00 for the Theatre Skills Program, beginning December 1, 2003 and ending May 31, 2004. It was the consensus of the City Council that the recommendation be adopted. C-19870 There was presented Mayor and Council Communication No. C- Ord. #15767 19870 from the City Manager recommending that the City Council: Conatser Construction, 1. Authorize the transfer of $1,057,915.50 from the Water and Inc. Sewer Fund to the Commercial Paper-Water Fund in the amount of $710,317.00 and the Commercial Paper-Sewer Fund in the amount of $347,598.50; and 2. Adopt Appropriation Ordinance No. 15767 increasing estimated receipts and appropriations in the Commercial Paper-Water Fund in the amount of $710,317.00 and in the Commercial Paper-Sewer Fund in the amount of $347,598.50 from available funds for the purpose of funding a contract with Conatser Construction, Inc. for water main and sanitary sewer main relocations on Rosedale Street (Alston Avenue to South Main Street), Contract 2, Unit III; and 3. Authorize the City Manager to execute a contract with Conatser Construction, Inc. in the amount of $954,915.50 for water main and sanitary sewer main relocations on Rosedale Street (Alston Avenue to South Main Street), Contract 2, Unit III. It was the consensus of the City Council that the recommendation be adopted. C-19871 There was presented Mayor and Council Communication No. C- Ord. #15768 19871 from the City Manager recommending that the City Council: Dunaway Associates, Inc. 1. Authorize the transfer of $123,659.30 from the Water Sewer Fund to the Sewer Capital Project Fund; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 17 of 21 2. Adopt Appropriation Ordinance No. 15768 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $123,659.30 from available funds for the purpose of funding Amendment No. 3 to City Secretary Contract No. 27650 with Dunaway Associates, Inc. to provide additional design and survey services for Sanitary Sewer Rehabilitation Contract LV (55); and 3. Authorize the City Manager to execute Amendment No. 3 to City Secretary Contract No. 27650 with Dunaway Associates, Inc. in the amount $123,659.30 to provide additional design and survey services, thereby increasing the contract amount to $548,026.92 It was the consensus of the City Council that the recommendation be adopted. C-19872 There was presented Mayor and Council Communication No. C- Freese and 19872 from the City Manager recommending that the City Council Nichols, Inc. authorize the City Manager to execute an engineering agreement with Freese and Nichols, Inc. in the amount of $167,073.00 for Keller Water and Sanitary Sewer System Transfer Study and Design. It was the consensus of the City Council that the recommendation be adopted. C-19873 There was presented Mayor and Council Communication No. C- Ord. #15769 19873 from the City Manager recommending that the City Council: Kimley-Horn and Associates, Inc. 1. Authorize the transfer of $401,900.00 from the Water and Sewer Fund to the Water Capital Project Fund in the amount of $305,344.00 and the Sewer Capital Project Fund in the amount of$96,556.00; and 2. Adopt Appropriation Ordinance No. 15769 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $305,344.00 and the Sewer Capital Project Fund in the amount of $96,556.00 from available funds for the purpose funding an Engineering Agreement with Kimley-Horn and Associates, Inc. for Water and Sanitary Sewer Main Relocations on Vickery Boulevard from Henderson Street to Main Street; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 18 of 21 3. Authorize the City Manager to execute an engineering agreement with Kimley-Horn and Associates, Inc. in the amount of $391,900.00 for Water and Sanitary Sewer Main relocations on Vickery Boulevard from Henderson Street to Main Street. It was the consensus of the City Council that the recommendation be adopted. C-19874 There was presented Mayor and Council Communication No. C- Ord. #15770 19874 from the City Manager recommending that the City Council: William J. Schultz, Inc. 1. Authorize the transfer of $506,190.00 from the Water and Sewer d/b/c Circle "C" Fund to the Sewer Capital Project Fund; and Construction Company 2. Adopt Appropriation Ordinance No. 15770 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $506,190.00 from available funds for the purpose funding a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company for Main M-391 Sanitary Sewer Replacement; and 3. Authorize the City Manager to execute a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the amount of $459,690.00 for Main M-391 and M-350 Sanitary Sewer Replacement. It was the consensus of the City Council that the recommendation be adopted. C-19875 There was presented Mayor and Council Communication No. C- Ord. #15771 19875 from the City Manager recommending that the City Council: Westhill Construction, 1. Authorize the transfer of $428,00.00 from the Water and Sewer Inc. Fund to the Water Capital Project Fund in the amount of $406,000.00 and Sewer Capital Project Fund in the amount of $21,400.00; and 2. Adopt Appropriation Ordinance No. 15771 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $406,600.00 and the Sewer Capital Project Fund in the amount of $21,400.00 from available funds for the purpose funding a contract renewal with Westhill Construction, Inc. for Utility Cut Repair Contract 2001A; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 19 of 21 3. Authorize the City Manager to execute the renewal of a contract with Westhill Construction, Inc. in the amount of $400,000.00 and 365 calendar days for Utility Cut Repair Contract 2001A, thus revising the total contract to $1,600,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19876 There was presented Mayor and Council Communication No. C- Alan Plummer 19876 from the City Manager recommending that the City Council Associates, Inc. authorize the City Manager to execute a contract with Alan Plummer Associates, Inc. for a physio-chemical research study of Fosdic Lake, Echo Lake and Lake Como at a cost not to exceed $90,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19877 There was presented Mayor and Council Communication No. C- Ord. #15772 19877 from the City Manager recommending that the City Council: Control Specialist, Inc. 1. Authorize the transfer of $483,717.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; and 2. Adopt Appropriation Ordinance No. 15772 increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of $483,717.00 from available funds for the purpose of funding a contract with Control Specialist, Inc. for the Greenway Sewer Lift Station; and 3. Authorize the City Manager to execute a contract with Control Specialist, Inc. in the amount of $443,967.00 for the Greenway Sewer Lift Station. It was the consensus of the City Council that the recommendation be adopted. C-19878 There was presented Mayor and Council Communication No. C- Ord. #15773 19878 from the City Manager recommending that the City Council: William J. Schultz, Inc. 1. Authorize the transfer of $1,723,851.00 from the Water and d/b/a Circle "C" Sewer Fund to the Water Capital Project Fund in the amount Construction of $1,366,148.00 and the Sewer Capital Project Fund in the Company amount of $357,703.00; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 20 of 21 2. Adopt Appropriation Ordinance No. 15773 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $1,366,148.00 and the Sewer Capital Project Fund in the amount of $357,703.00 from available funds for the purpose funding a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company for Lancaster Avenue Water Main and Sanitary Sewer Main Improvements (Commerce Street to Lamar Street); and 3. Authorize the City Manager to execute a contract with William J. Schultz, Inc. d/b/a Circle "C" Construction Company in the amount of $1,575,851.00 for Lancaster Avenue Water Main and Sanitary Sewer Improvements (Commerce Street to Lamar Street), Unit 1. Council Member Silcox made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Citizen Mr. John A. Menchaca, 2400 Winton Terrace West, appeared before Presentations Council and asked for Council to join the on-going fight of John Menchaca childhood obesity by collaborating with the Fort Worth Independent School District to turn the Temple Beth El building into a community center. He stated that he would conduct a "Kids Fit 4 Life" program at the community center that would provide activities and information to help children learn to manage their weight. Phil Waigand, Mr. Phil Waigand, 4810 Landrun, Arlington, Texas, and Ms. Jean Jean Riley Riley, 1606 Robin Lair Court, Arlington, Texas, representing Metro Empowerment, appeared before Council in support of the community center at the Temple Beth El building. They stated the center would not only be a place for children, but would also benefit elderly and disabled citizens. Joan Crownover Ms. Joan Crownover, 1041 E. Robert Street, representing the Southside Urban Development, appeared before Council relative to conditions in her neighborhood. She requested Council take action to equip Cobb Park with needed playground equipment for the children before approving a dog park, to demolish abandoned buildings, monitor trash accumulation in various areas, and bring development to the area. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 2, 2003 PAGE 21 of 21 Cesar Paredes Mr. Cesar Paredes, 1201 W. Lancaster Suite 100, representing Mothers Against Drunk Driving and the Tarrant County Latino Advisory Council, appeared before Council and requested the City place bumper stickers on all City vehicles to raise awareness of drinking and driving especially during the holiday season. He stated the bumper stickers reflected "Pala las (laves" for pass the keys and that they had been placed on Police Department vehicles. Mayor Moncrief stated that the City Manager and City Attorney would review their proposal and advise Council of their findings. Yolanda Eidson Ms. Yolanda Eidson, 3015 Ellis Avenue, appeared before Council asked the Council to place signs in Rodeo Park to prohibit homeless individuals from using the park as a shelter. She also expressed concern regarding horseback riding in her community as the horses were a safety and sanitary hazard. Anthony Watts Mr. Anthony Watts, 12752 Chittamwood Trail, Euless, Texas, appeared before Council and asked their support in promoting his program "Coaching America's Teens" which would provide mentoring to teenagers. He stated that he had started this program at O. D. Wyatt High School about two weeks ago and would like to take the program to other schools in the City. He added that he would appreciate the City's support in public relations and marketing of the program. City Manager Jackson asked Mr. Watts to provide material to his office that gave the specifics and needs of the program. Paul Hicks Mr. Paul Hicks, P. O. Box 331611, appeared before Council relative to waste pickup. He expressed concerns with the program not working, storage of carts, change of pick up days, and commercial dumpsters not being stored out of sight of the public. Adjournment There being no further business, the meetia as adjourned at lit Al CITY, C-AETARY MAYOR