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HomeMy WebLinkAbout2003/12/09-Minutes-City Council CITY COUNCIL MEETING DECEMBER 9, 2003 Date & Time On the 9th day of December, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:17 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 Chuck Silcox, Frank Moss, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Members Jim Lane, Becky Haskin, and Clyde Picht were absent. With a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Ken Ehrke, Agape Metropolitan Community Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Stevenson, the minutes of the regular meeting of December 2, 2003, were approved unanimously. Special Council Member Silcox presented a Proclamation for the "T"s 20th Presentations Anniversary to Mr. Dick Ruddell, President/Executive Director of the Fort Worth Transportation Authority. Mayor Moncrief announced that due to some scheduling difficulties the National Cutting Horse Association of Italy was unable to attend. Mayor Moncrief acknowledged David and Jonathan Nguyen and David West of Boy Scout Troop No. 1136 from Weatherford, Texas, who attended the Council meeting to earn their Citizenship in the Community merit badge. Council Member Silcox recognized Ms. Betsy Price, Tax Assessor Collector in the audience. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication Nos. G-14183, L-13717 and L-13719 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication Nos. L-13717 and L-13719 be continued for one Staff week. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 2 of 24 Consent Agenda On motion of Mayor Pro tempore McCloud, seconded by Council Member Stevenson, the consent agenda, as amended, was adopted unanimously. Res. #3013 There was presented Resolution No. 3013 calling for a Joint Joint Election Election with Tarrant Regional Water District on February 7, 2004 with Tarrant for the 2004 Capital Improvement Program Election. Council Regional Water Member Silcox made a motion, seconded by Council Member District on Davis, that the recommendation be adopted. The motion carried February 7, 2004 unanimously. for 2004 Capital Improvement Program Election Res. #3014 There was presented Resolution No. 3014 granting approval to Approval to Tarrant County Housing Finance Corporation for the use of Tarrant County proceeds of its Series 2002 Single Family Mortgage Revenue Housing Finance Bonds to Finance Home Mortgages for single family homes located Corporation for within the City and providing and effective date. Mayor Pro Use of Proceeds tempore McCloud made a motion, seconded by Council Member of its Series Davis, that the recommendation be adopted. The motion carried 2002 Single unanimously. Family Mortgage Revenue Bonds OCS-1386 There was presented Mayor and Council Communication No. OCS- Claims 1386 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. Public Hearing It appeared that the City Council at its December 2, 2003 meeting continued the public hearing concerning the designation of Tax Increment Reinvestment Zone No. 7, (North Tarrant Parkway), 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: CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 3 of 24 G-14178 There was presented Mayor and Council Communication No. G- Ord. #15774 14178 from the City Manager recommending that the City Council: Tax Increment Reinvestment 1. Hold a public hearing concerning the designation of Tax Zone No. 7 Increment Reinvestment Zone No. 7, City of Fort Worth, (North Tarrant Texas; and Parkway) 2. Adopt Ordinance No. 15774 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 Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed and that Mayor and Council Communication No. G-14178 be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council at its December 2, 2003 meeting continued the public hearing concerning the designation of Tax Increment Reinvestment Zone No. 8, (Lancaster Corridor), 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: G-14179 There was presented Mayor and Council Communication No. G- 14179 from the City Manager recommending that the City Council: Ord. #15775 Tax Increment 1. Hold a public hearing concerning the designation of Tax Reinvestment Increment Reinvestment Zone No. 8, City of Fort Worth; Zone No. 8 and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 4 of 24 2. Adopt Ordinance No. 15775 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. Ola Assem Ms. Ola Assem, President of Cleopatra, Inc. GP of Cleopatra Investments, LTD, the owner of the Historical T&P Warehouse Building located at 401 West Lancaster, appeared in support of establishing Lancaster TIF and in support of developing the Beautiful T&P Terminal, and requested that the T&P Warehouse Landmark be redeveloped in a timely manner and further requested an equitable share of TIF revenue and other incentives for the redevelopment of this project. 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 closed and that Mayor and Council Communication No. G-14179 be adopted. The motion carried unanimously. G-14182 There was presented Mayor and Council Communication No. G- Ord. #15776 14182 from the City Manager recommending that the City Council Revising adopt Ordinance No. 15776 amending sections 2, 3, and 5 of Exterior Ordinance No. 7323, as amended, by revising the exterior Boundaries of boundaries of City Council Single-Member Districts 2 and 5 to Districts 2, 3, & 5 incorporate territory annexed by the City of Fort Worth for full to Reflect purposes; revising the exterior boundaries of City Council Single- Annexations Member District 3 to reflect the annexation of approximately 7,257 acres known as the Walsh Ranch for limited purposes. It was the consensus of the City Council that the recommendation be adopted. G-14183 City Manager Jackson advised Council that Mayor and Council Single-Member Communication No. G-14183 should be considered after PZ-2513. District Plan Moved after PZ- 2513 CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 5 of 24 G-14184 There was presented Mayor and Council Communication No. G- Exhibit "A" to 14184 from the City Manager recommending that the City Council Ordinance amend Exhibit "A" to Ordinance No. 15749 to change the polling #15749 to Revise place for certain precincts in Council District 7 to accommodate a the List of joint election with the Tarrant Regional Water District. It was the Polling Places consensus of the City Council that the recommendation be for 2/7/04 adopted. Election G-14185 There was presented Mayor and Council Communication No. G- Radisson 14185 from the City Manager recommending that the City Council: Parking Garage Program Income 1. Authorize the use of $250,000.00 in Radisson Parking Garage for Federal Program Income and $50,000.00 in Rental Rehabilitation National Program Income to provide a City guarantee for a Federal Mortgage National Mortgage Association line of credit (LOC) of Association Line $2,000,000.00; and of Credit 2. Deobligate $300,000.00 in Community Development Block Grant Program Income previously allocated to provide a City guarantee for the Fannie Mae LOC. It was the consensus of the City Council that the recommendation be adopted. G-14186 There was presented Mayor and Council Communication No. G- Transfer 14186 from the City Manager recommending that the City Council Matching Funds authorize the transfer of $167,719.00 from the General Fund to the for FY2003-2004 Grants Fund for the City's match for four grants approved for Criminal Justice funding by the Governor's Office, Criminal Justice Division. It was Grants the consensus of the City Council that the recommendation be adopted. G-14187 There was presented Mayor and Council Communication No. G- Ord. #15777 14187 from the City Manager recommending that the City Council: Submission of a Grant 1. Confirm and approve the City Manager's submission of a grant Application to application on November 14, 2003, to apply for a one-year Federal grant of $9,100.00 from the Federal Emergency Management Emergency Agency (FEMA) and the U.S. Fire Administration for procuring Management materials to aid in fire safety and prevention programs; and Agency for Fire Prevention & 2. Authorize the City Manager, subject to grant receipt, to enter Safety Grant into an agreement with FEMA and adhere to grant Program specifications; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 6 of 24 3. Approve the use of $3,900.00 as required for the 30 percent match for in-kind contributions; and 4. Adopt Appropriation Ordinance No. 15777 increasing estimated receipts and appropriations in the Grants Fund in the amount of $13,000.00, subject to receipt of the grant from the FEMA and the U.S. Fire Administration, for the purpose of funding the Fire Prevention and Safety Grant Program. It was the consensus of the City Council that the recommendation be adopted. G-14188 There was presented Mayor and Council Communication No. G- Ord. #15778 14188 from the City Manager recommending that the City Council: Application Pete's 1. Consider and adopt the findings and opinions of City staff as Limousine to presented herein; and Operate Three Limousines 2. Find that public necessity and convenience require the within City of operation of three limousines upon the City streets, alleys and Fort Worth thoroughfares; and 3. Adopt Ordinance No. 15778 granting to Pete's Limousine, Sole Proprietorship, the privilege to use the streets, alleys and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of three limousines for a period beginning on December 12, 2003, and ending on December 11, 2008; specifying the terms and conditions of the grant. It was the consensus of the City Council that the recommendation be adopted. G-14189 There was presented Mayor and Council Communication No. G- Ord. #15779 14189 from the City Manager recommending that the City Council: Grant & Contract with Texas 1. Authorize the City Manager to accept a grant from the Texas Department of Department of Housing and Community Affairs (TDHCA) in an Housing and amount not to exceed $1,600,000.00; and Community Affairs for 2. Authorize a non-interest bearing interfund loan from the FY2004 General Fund to the Grants Fund in the amount of $320,000.00 for interim financing of this grant project pending contract execution; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 7 of 24 3. Adopt Appropriation Ordinance No. 15779 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,600,000.00, subject to receipt of the grant from the TDHCA, for the purpose of funding the Comprehensive Energy Assistance Program; and 4. Apply indirect costs at the rate of 20.88 percent, which is the most recently approved rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. G-14190 There was presented Mayor and Council Communication No. G- Ord. #15780 14190 from the City Manager recommending that the City Council: Ord. #15781 Ord. #15782 1. Adopt Appropriation Ordinance No. 15780 increasing Transfer from estimated receipts and appropriations in the Capital Projects Capital Projects Reserve Fund in the amount of $131,500.00 from available Reserve Fund to funds for the purpose of funding building renovations to the Incorporate Fort Worth Community Arts Center; and HVAC & Accessibility 2. Authorize the transfer of $131,500.00 from the Capital Projects Improvements to Reserve Fund to the Specially Funded Capital Projects Fund the Fort Worth for HVAC (heating, ventilation, and air-conditioning) Community Arts improvements to the Community Arts Center; and Center 3. Adopt Supplemental Appropriation Ordinance No. 15781 increasing appropriations in the Culture and Tourism Fund in the amount of $59,000.00 and decreasing the unreserved, undesignated fund balance by the same amount for the purpose of funding building renovations to the Fort Worth Community Arts Center; and 4. Authorize the transfer of $59,000.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund for the City's portion of the total cost to develop the Black Box theater; and 5. Authorize the transfer of $50,000.00 from the General Fund to the Specially Funded Capital Projects Fund for Americans with Disabilities Act improvements to the Community Arts Center; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 8 of 24 6. Adopt Appropriation Ordinance No. 15782 increasing estimated receipts and appropriations in the specially funded Capital Projects Fund in the amount of $240,500.00 from available funds for the purpose of funding building renovations to the Fort Worth Community Arts Center. City Manager Jackson advised Council that the needed improvements previously determined at the Fort Worth Community Arts Center had already been addressed. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14191 There was presented Mayor and Council Communication No. G- Ord. #15783 14191 from the City Manager recommending that the City Council: Ord. #15784 Ord. #15785 1. Adopt Ordinance No. 15783 amending the Fort Worth Building Ord. #15786 Code, by providing for an increase in the fees charged; Ord. #15787 providing for an increase in the percentage of fees collected Increasing Fees for the plan review and the inspection of buildings by for Building, approved third party organizations; providing for the holding Mechanical, of a deposit to cover the plumbing inspection of buildings by Plumbing, approved third party organizations; and Electrical & Sign Permits for 2. Adopt Ordinance No. 15784 amending the Fort Worth Development Mechanical Code, by providing for an increase in the fees Department charged; providing for an increase in the percentage of fees collected for the plan review and the inspection of buildings by approved third party organizations; and 3. Adopt Ordinance No. 15785 amending the Fort Worth Plumbing Code, by providing for an increase in the fees charged; providing for an increase in the percentage of fees collected for the plan review and the inspection of buildings by approved third party organizations; providing for the holding of a deposit to cover the plumbing inspection of buildings by approved third party organizations; and 4. Adopt Ordinance No. 15786 amending the Fort Worth Electrical Code, by providing for an increases in the fees charged; providing for an increase in the percentage of fees collected for the plan review and the inspection of buildings by approved third party organizations; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 9 of 24 5. Adopt Ordinance No. 15787 amending the Fort Worth Sign Code, by providing for an increase in the fees charged; and 6. Establish the effective date of all ordinances as January 3, 2004. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14192 There was presented Mayor and Council Communication No. G- Ord. #15788 14192 from the City Manager recommending that the City Council Increasing Fees adopt Ordinance No. 15788 amending Chapter 25, Planning of the for Development code of the City of Fort Worth, Texas (1986), as amended, by Application & amending Section 25-1 to change the fees from certain services Services for related to the Zoning Board of Adjustment, Plan Commission and, Development Zoning Commission Functions: Department 1. Annexation and miscellaneous fees with an effective date of January 3, 2004; and 2. Zoning and City Council variances fee with an effective date of January 13, 2004; and 3. Plat and applications fees with an effective date January 27, 2004. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-14193 There was presented Mayor and Council Communication No. G- Res. #3015 14193 from the City Manager recommending that the City Council Ratification of adopt Resolution No. 3015 ratifying the lawsuit entitled City of Fort Lawsuit Entitled Worth, et al v. Greg Abbott, Attorney General, Cause No. GV- City of Fort 304609, 261St District Court, Travis County, Texas, pursuant to Worth v. Greg Chapter 552 of the Texas Government Code. Council Member Abbott, Attorney Davis made a motion, seconded by Council Member Stevenson, General, Cause that the recommendation be adopted. The motion carried #GV-304609 unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing on Designating Tax Increment Reinvestment Zone Number No. 9 for Trinity River Vision. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 10 of 24 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-14194 as follows, and recommended the public hearing be continued for one week: G-14194 There was presented Mayor and Council Communication No. G- Continued for 14194 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. 9, City of Fort Worth, Texas; and 2. Adopt an ordinance designating a certain contiguous geographic area in the City of Fort Worth as Tax Increment Reinvestment Zone No. 9, 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. Betsy Price The following individuals appeared before the City Council and George Shannon requested support of Tax Increment Reinvestment Zone No. 9 Tom Purvis (Trinity River Vision), and requested the re-inclusion of Pier I in this Phillip Poole TIF: Betsy Price 100 E. Weatherford St., #105 George Shannon 3450 Lantern Hollow Tom Purvis 5301 Byers Phillip Poole 2918 Wingate Council Member Davis requested that staff respond to Council regarding the inclusion of a proposed positive statement in the ordinance which states that the TIF provides opportunities that expenditures of funds outside the boundaries of the TIF would be provided. That alternative maps be prepared to accompany the continued Mayor and Council Communication showing the boundaries with and without the Pier I property, boundaries with Pier I, South of 7t" and western and eastern boundary extension, and the pros and cons of inclusion of the eastern boundary and the reasons for inclusion. Council Member Stevenson also requested information relative to the contributions of each one of the additional properties to the TI F. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 11 of 24 Council Member Silcox advised Council that he could not support this TIF, if Pier I was included. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be continued for one week. The motion carried unanimously. G-14195 There was presented Mayor and Council Communication No. G- Continued for 14195 from the City Manager recommending that the City Council One Week authorize the City Manager to initiate rezoning of two City-owned properties for use as citizen drop-off stations for recycling and big trash. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. G-14195 be continued for one week. The motion carried unanimously. G-14196 There was presented Mayor and Council Communication No. G- Ord. #15789 14196 from the City Manager recommending that the City Council: Regulating Placement of Fill 1. Adopt Ordinance No. 15789 amending the Code of the City of Material Fort Worth, by amending Chapter 12.5, Environmental Protection and Compliance by adding a new Article IX entitled Fill Material; to define Fill Material and to add regulations for placement of Fill Material on tracts, parcels, or platted lots; and 2. Establish an application/registration fee of$150.00 for fill sites. Mayor Pro tempore McCloud expressed appreciation to members of the Task Force and to staff for the hard work that was done and made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-14197 There was presented Mayor and Council Communication No. G- Res. #3016 14197 from the City Manager recommending that the City Council: File a Lawsuit Against 3120 1. Authorize the City Attorney to file a lawsuit pursuant to Precinct Line Chapter 54 of the Texas Local Government Code against 3120 Road, LLC & Precinct Line Road, LLC, owner of the property located at Walker Branch 3120 Precinct Line Road, Fort Worth, Texas, and Walker Recycling, Inc. Branch Recycling, Inc., owner of the business at 3120 Precinct Line Road; and 2. Adopt Resolution No. 3016 authorizing the City Attorney to file a lawsuit against 3120 Precinct Line Road, LLC, and Walker Branch Recycling, Inc. pursuant to Chapter 54 of the Texas Local Government Code. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 12 of 24 Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. Ord. #15790 There was presented Mayor and Council Communication No. G- G-14198 14198 from the City Manager recommending that the City Council: Monetary Gifts for Purpose of 1. Authorize the City Manager to accept a gift of $73,202.73 from Funding Botanic the Fort Worth Botanical Society, Inc. for the purpose of Garden funding for a period of one-year, the salary and benefits of a Operations Gardner and a Senior Maintenance Worker position at the Botanic Garden; and 2. Accept a gift of $186,066.10 from the Fort Worth Garden Club, Inc. for the purpose of funding for a period of one-year, the salaries and benefits of a Center Coordinator, an Administrative Technician, an Audio Visual Specialist, a Senior Maintenance Worker position, and an S01 Maintenance Worker position at the Botanic Garden; and 3. Adopt Appropriation Ordinance No. 15790 increasing estimated receipts and appropriations in the Special Trust Fund, Botanic Garden Projects in the amount of $259,268.83 from available funds for the purpose of funding for a period of one-year the salary and benefits of an Administrative Technician, Audio Visual Specialist, Center Coordinator, Gardener, Senior Maintenance Work, and an S01 Maintenance Worker. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted, with appreciation. The motion carried unanimously. G-14199 There was presented Mayor and Council Communication No. G- Ord. #15791 14199 from the City Manager recommending that the City Council: Funds from Tarrant County 1. Authorize the City Manager to accept funds in the amount of for FY2003-2004, $22,800.00 from Tarrant County for FY2003-2004 for two Lease Neighborhood Resources Development Program (NRDP) Agreements for Centers beginning October 1, 2003, and expiring September Operation of wo 30; and Neighborhood 2. Authorize the City Manager to execute a lease agreement with Resources the Bethlehem Baptist Church of 1188 West Broad, Mansfield, Development Texas, for the far Southeast NRDP beginning October 1, 2003, Centers, & and expiring September 30, 2004, for an amount not to exceed Authorization of $550.00 per month; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 13 of 24 Interfund Loan 3. Authorize the City Manager to execute a lease agreement with Richard Hartman of 920 Roberts Cut-off, River Oaks, Texas, for the far Northwest NRDP beginning October 1, 2003, and expiring September 30, 2004, for an amount not to exceed $852.02 per month; and 4. Authorize a non-interest bearing, interfund loan from the General Fund to the Grants Fund in the amount of $5,700.00 for interim financing of this grant project, pending contract execution; and 5. Adopt Appropriation Ordinance No. 15791 increasing estimated receipts and appropriations in the Grants Fund in the amount of $22,800.00 from available funds for the purpose of funding far southeast and far southwest Neighborhood Resources Development Program Centers. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. P-9882 There was presented Mayor and Council Communication No. P- Gasoline with 9882 from the City Manager recommending that the City Council: Primary & Secondary 1. Authorize a purchase agreement for gasoline with primary and Vendors secondary vendors for the City Fort Worth and Interlocal Agreements with various Dallas/Fort Worth Metropolitan area governmental entities. Prices will be based on the overall low bid of the Dallas Metro Texas Oil Price Information Service Daily Net Average Price per gallon, sent at 10:00 a.m. CST for the day the fuel is delivered. Payment is due 30 days from the date the invoice is received. The City takes ownership at the City's storage tank and freight is not charged; and 2. Authorize the primary award for gasoline to Petroleum Traders Corporation, and the secondary award to Martin Eagle Oil Company; and 3. Authorize the City Manager to enter into Interlocal Purchase Agreements with various Dallas/Fort Worth Metropolitan area governmental entitles, as required, based on the same prices, terms and conditions of the ordinal purchase agreement; and 4. Authorize this agreement to begin December 17, 2003, and expire December 16, 2004, with options to renew for three additional one-year periods. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 14 of 24 It was the consensus of the City Council that the recommendation be adopted. P-9883 There was presented Mayor and Council Communication No. P- Wescam 9883 from the City Manager recommending that the City Council Thermal Imager authorize the sole source purchase of a Wescam Thermal Imager from the documented sole source vendor L-3 Communications Wescam for the Police Department at a total cost not to exceed $195,875.00, 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. P-9884 There was presented Mayor and Council Communication No. P- Animal Control 9884 from the City Manager recommending that the City Council Trucks authorize the purchase of three new animal control trucks from Lawrence Marshall Dealerships for the Public Health Department at a cost not to exceed $107,373.00 with payment due 30 days from the date the invoice is received and freight is included in the unit price. It was the consensus of the City Council that the recommendation be adopted. P-9885 There was presented Mayor and Council Communication No. P- New Trailers 9885 from the City Manager recommending that the City Council authorize the purchase of eight new trailers from the following Texas Local Government Purchasing Cooperative BuyBoard Contract for the Water Department at a total cost not to exceed $129,544.00, 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. L-13713 There was presented Mayor and Council Communication No. L- Permanent 13713 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of three permanent sanitary sewer Easements easement described as Part of J.F. Heath Survey, Abstract No. 641, Tarrant County, Texas from Granbury Station, Ltd., FJM Properties, L.P., and Dirk Branch, L.P. for construction of an 8-inch sanitary sewer line in south Fort Worth (DOE 4121) to serve the proposed Weatherby Farms residential subdivision located south of Dirks Road for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-13714 There was presented Mayor and Council Communication No. L- Improvements 13714 from the City Manager recommending that the City Council for Lake Worth approve the purchase of improvements located at 7237 Cahoba Lease Survey Drive, Lot 48, Block 3, Lake Worth Lease Survey from J.K. Johnston for a cost of $7,500.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 15 of 24 L-13715 There was presented Mayor and Council Communication No. L- Acquisition of 13715 from the City Manager recommending that the City Council: Ten Vacant Lots & Three Single- 1. Authorize the acquisition of ten vacant lots and three single- Family family residences in accordance with the Fort Worth Meacham Residential International Airport Noise Mitigation Program; and Properties 2. Find that the prices offered in the total amount of $218,700.00 is just compensation for the acquisition of the thirteen properties; and 3. Authorize the acceptance and recording of appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13716 There was presented Mayor and Council Communication No. L- Sale of Tax 13716 from the City Manager recommending that the City Council: Foreclosed Property 1. Approve the sale of the surplus tax foreclosed property located at 3306 Roosevelt Avenue in accordance with Section 272.001 of the Texas Local Government Code for a total cost of $4,055.00; and 2. Authorize the City Manager to execute the appropriate deed conveying the property to the second highest bidder. It was the consensus of the City Council that the recommendation be adopted. L-13717 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L-13717, Lease Renewal with Federal Aviation One Week Administration for a Ground site and Air Traffic Control Tower Building at Alliance Airport, be continued for one week. L-13718 There was presented Mayor and Council Communication No. L- Ground Lease 13718 from the City Manager recommending that the City Council authorize the City Manager to execute Amendment No. 3 to City Secretary Contract No. 26292, a ground lease with APIAQ Limited Partnership d/b/a The Upholstery Shop, adding 36,655 square feet of unimproved ground to Lease Site 44N. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 16 of 24 L-13719 It was the consensus of the City Council that Mayor and Council Continued for Communication No. L-13719, Lease Agreement with Enterprise One Week Rent-A-Car, Inc. at Fort Worth Meacham International Airport, be continued for one week. L-13720 There was presented Mayor and Council Communication No. L- Execution of 13720 from the City Manager recommending that the City Council Deed of Trust authorize the City Manager to execute a written consent to the Lien execution of a Deed of Trust Lien by Meacham Development, LLC in favor of Legacy Bank of Texas on Meacham Development's leasehold at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13721 There was presented Mayor and Council Communication No. L- Land from Zena 13721 from the City Manager recommending that the City Council Land authorize the City Manager to purchase 14.0 acres of land, in the Development amount of $56,000.00 from Zena Land Development. This purchase is for the continued land assemblage of Mallard Cove Park, as approved under the standing Option/Right of First Refusal Agreement (M&C L-13498). It was the consensus of the City Council that the recommendation be adopted. L-13722 There was presented Mayor and Council Communication No. L- Revised License 13722 from the City Manager recommending that the City Council Agreement authorize the City Manager to enter into a revised License Agreement with the Fort Worth Youth Soccer Association for use of the Pecan Valley Park Soccer fields through March 20, 2024. It was the consensus of the City Council that the recommendation be adopted. L-13723 There was presented Mayor and Council Communication No. L- Permanent 13723 from the City Manager recommending that the City Council Water Line approve the acceptance of one permanent water line easement and Easement & right-of-way described as Portion of Hiram Little Survey, Abstract Right-of-Way No. 930, Tarrant County, Texas from Oncor Electric Delivery Company for construction of a 12-inch water line to serve the proposed Deer Meadow Residential Community located east of IH- 35W and west of Oak Grove Road between Garden acres Drive and Rendon Crowley Road for a cost of $10.00. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 17 of 24 PZ-2513 There was presented Mayor and Council Communication No. PZ- Ord. #15792 2513 from the City Manager recommending that the City Council Annexation of institute and consider the adoption of Ordinance No. 15792 Approximately 4 declaring certain findings; providing for the extension of certain Acres Located boundary limits of the City of Fort Worth; providing for the North of Keller annexation of approximately 3.9 acres (.00609 square miles) of Hickers Road & land, more or less, being a tract of land situated in the H. Cox South of State Survey, Abstract No. 386, the F. Cuello Survey Abstract No. 266, Highway 170 the H. Davidson Survey, Abstract No. 437, and the W. Houston Survey, Abstract No. 746, all being located in Tarrant County, Texas, and being a portion of Old Denton Road, south of State Highway 170 (Case No. AX-03-0011), which said Territory lies adjacent to and adjoins the present corporate boundary limits of F Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all of the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. G-14183 There was presented Mayor and Council Communication No. G- Single-Member 14183 from the City Manager recommending that the City Council District Plan to approve the single-member district plan to reflect annexations and Reflect a boundary adjustment with the City of White Settlement approved Annexations & by the City Council since May 2003. Council Member Davis made a Boundary motion, seconded by Council Member Stevenson, that the Adjustment recommendation be adopted. The motion carried unanimously. C-19879 There was presented Mayor and Council Communication No. C- Dan Meeker 19879 from the City Manager recommending that the City Council: Management, Inc. d/b/a Cactus 1. Consent to the assignment by Dan Meeker Management, Inc. Energy to d/b/a Cactus Energy of its rights, duties and obligations under Cactus Pipeline, its public right-of-way use agreement (City Secretary Contract L.L.C. No. 29187) to Cactus Pipeline, L.L.C.; and 2. Authorize the City Manager to execute a consent to assignment agreement with Cactus Pipeline, L.L.C., Dan Meeker Management, Inc. and Dan Meeker, an individual. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 18 of 24 C-19880 There was presented Mayor and Council Communication No. C- City Center 19880 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 the 400 block of Jones Street. It was the consensus of the City Council that the recommendation be adopted. C-19881 There was presented Mayor and Council Communication No. C- City Center 19881 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 under the 300 block of East Second Street. It was the consensus of the City Council that the recommendation be adopted. C-19882 There was presented Mayor and Council Communication No. C- City Center 19882 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 for City Center Towers 1 and 2 and a parking garage. It was the consensus of the City Council that the recommendation be adopted. C-19883 There was presented Mayor and Council Communication No. C- City Center 19883 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 an existing walkway in the intersection of East Third and Calhoun Streets. It was the consensus of the City Council that the recommendation be adopted. C-19884 There was presented Mayor and Council Communication No. C- Ord. #15793 19884 from the City Manager recommending that the City Council: Cleburne Utility Construction 1. Authorize the City Manager to transfer $1,060,139.00 from the Company Water and Sewer Fund to the Water Capital Project Fund; and 2. Adopt Appropriation Ordinance No. 15793 increasing the estimated receipts and appropriations in the Water Capital Project Fund in the amount of $1,060,139.00 from available funds for the purpose of funding a contract with Cleburne Utility Construction Company for water main improvements located in the Camelot neighborhood area; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 19 of 24 3. Authorize the City Manager to execute a contract with Cleburne Utility Construction Company in the amount of $938,175.00 for water main improvements in the Camelot neighborhood area. It was the consensus of the City Council that the recommendation be adopted. C-19885 There was presented Mayor and Council Communication No. C- Kelly Geren & 19885 from the City Manager recommending that the City Council: Searcy, Inc. 1. Authorize the City Manager to execute a Real Estate Appraisal Contract with Kelly Geren & Searcy, Inc. in an amount not to exceed $1,750.00; and 2. Authorize the City Manager to execute a Real Estate Appraisal Review Contract with Kyser and Ondo Appraisers in an amount not to exceed $300.00. It was the consensus of the City Council that the recommendation be adopted. C-19886 There was presented Mayor and Council Communication No. C- RJN Group, Inc. 19886 from the City Manager recommending that the City Council authorize the City Manager to execute Amendment No. 1 with RJN Group, Inc. for wholesale wastewater customer meter stations site selection and design, thereby increasing the amount of the contract by $96,083.00, from $399,527.00 to $495,610.00. It was the consensus of the City Council that the recommendation be adopted. C-19887 There was presented Mayor and Council Communication No. C- Ord. #15794 19887 from the City Manager recommending that the City Council: Texas Department of 1. Authorize the City Manager to accept funds in an amount not Housing & to exceed $1,200,000.00 from the Texas Department of Community Housing and Community Affairs for the Fiscal Year 2004 Affairs Community Services Block Grant program; and 2. Authorize a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of $300,000.00 for interim financing of this grant project pending contract execution; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 20 of 24 3. Adopt Supplemental Appropriation Ordinance No. 15794 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,200,000.00, subject to receipt of a grant from the Texas Department of Housing and Community Affairs, for the purpose of funding the Community Services Block Grant. 4. Apply indirect costs at a rate of 20.88 percent, which represents the most recently approved rate for this department, and apply the new, approved rate when available. It was the consensus of the City Council that the recommendation be adopted. C-19888 There was presented Mayor and Council Communication No. C- Brock Paving 19888 from the City Manager recommending that the City Council Industries, Inc. authorize the City Manager to execute a contract with Brock Paving Industries, Inc. in the amount of $32,375.00 for parking lot improvements at Ridglea Hills Park. It was the consensus of the City Council that the recommendation be adopted. C-19889 There was presented Mayor and Council Communication No. C- Eagleton 19889 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Eagleton Inc. Construction, Inc. in the amount of $260,490.66 for the replacement of playgrounds at Rosen, Far Northside, Arneson and Crestwood Parks. It was the consensus of the City Council that the recommendation be adopted. C-19890 There was presented Mayor and Council Communication No. C- Mr. Roman M. 19890 from the City Manager recommending that the City Council: Rodriguez 1. Approve a five-year Municipal Property Tax Abatement for the property located at 5612 Chariot Drive, owned by Ramon M. Rodriguez; and 2. Find that the statements set forth in the recitals of the attached Tax Abatement Agreement with Mr. Roman M. Rodriguez are true and correct; and 3. Authorize the City Manager to enter into the Tax Abatement Agreement with Mr. Roman M. Rodriguez of Fort Worth in accordance with the Neighborhood Empowerment Zone Tax Abatement Policy and Basic Incentives. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 21 of 24 Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud Council Members Moss, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Members Lane, Haskin, and Picht C-19891 There was presented Mayor and Council Communication No. C- William C. 19891 from the City Manager recommending that the City Council: Harris, III 1. Approve a five-year Municipal Property Tax Abatement for a property located at 3109 Halbert Street owned by William C. Harris, III in the Handley Neighborhood Empowerment Zone (NEZ); and 2. Find that the statements set forth in the recitals of the Tax Abatement Agreement with William C. Harris, III are true and correct; and 3. Authorize the City Manager to enter into a Tax Abatement Agreement with William C. Harris, III for 3109 Halbert Street in the Handley NEZ in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud Council Members Moss, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Members Lane, Haskin, and Picht C-19892 There was presented Mayor and Council Communication No. C- Fort Worth Area 19892 from the City Manager recommending that the City Council: Habitat for Humanity, Inc. 1. Approve a five-year Municipal Property Tax Abatement for four properties owned by the Fort Worth Area Habitat for Humanity, Inc. (Habitat) located in the Evans/Rosedale Neighborhood Empowerment Zone (NEZ); and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 22 of 24 2. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Habitat are true and correct; and 3. Authorize the City Manager to enter into a separate Tax Abatement Agreement with Habitat for each of the properties listed on Exhibit "A" in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Davis 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 Moss, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Members Lane, Haskin, and Picht C-19893 There was presented Mayor and Council Communication No. C- Rosie Brown 19893 from the City Manager recommending that the City Council: Ward 1. Approve the application of Rosie Brown Ward, owner of the property located at 2901 Ennis Avenue for a five-year Municipal Property Tax Abatement for the above mentioned property in the Riverside Neighborhood Empowerment Zone (NEZ); and 2. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Rosie Brown Ward are true and correct; and 3. Authorize the City Manager to enter into a separate Tax Abatement Agreement with Rosie Brown Ward for each property in the Riverside NEZ in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud Council Members Moss, Stevenson, and Davis NOES: Council Member Silcox ABSENT: Council Members Lane, Haskin, and Picht CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 23 of 24 C-19894 There was presented Mayor and Council Communication No. C- James M. & 19894 from the City Manager recommending that the City Council Connie D. Ailing authorize the City Manager to enter into a consent agreement with James M. and Connie D. Ailing authorizing use of the right-of-way for the installation of a fence in Sycamore School Road at 7817 Romney Road. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-19895 There was presented Mayor and Council Communication No. C- Ord. #15795 19895 from the City Manager recommending that the City Council: Fort Worth Independent 1. Authorize the City Manager to enter into an agreement with the School District Fort Worth Independent School District for the After School Program at Como Elementary School; and 2. Adopt Appropriation Ordinance No. 15795 increasing estimated receipts and appropriations in the General Fund in the amount of $45,881.00 from available funds for the purpose of funding the renewal of an Interlocal Agreement with the Fort Worth Independent School District for an After School Program at Como Elementary School. Council Member Moss advised Council that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting on Mayor and Council Communication No. C-19895. Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud Council Members Silcox, Stevenson, and Davis NOES: None ABSENT: Council Members Lane, Haskin, and Picht NOT VOTING: Council Member Moss Citizen Mr. Freddie Nixon, 1454 Magnolia, appeared before Council and Presentation requested assistance getting his product, Home Smoke Removal Freddie Nixon System (Super Suction), out to the public. Mayor Moncrief advised Mr. Nixon that the City could point him in the right direction, and requested that staff visit with him. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 9, 2003 PAGE 24 of 24 Executive It was the consensus of the City Council that they recess into Session Executive Session at 11:26 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) Harold Rich v. City of Fort Worth, et al, Cause No. 236- 183638-00; b) Legal issues concerning utility relocations; c) Legal issues concerning the regulation of sexually oriented businesses; d) 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 12:38 p.m. Adjournment There being no further business, the meetin was adjourned at 12 p.m. uv f cfi� T Y MAYOR 151