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HomeMy WebLinkAbout2003/02/25-Minutes-City Council CITY COUNCIL MEETING FEBRUARY 25, 2003 Date & Time On the 25th day of February, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:28 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Dr. Warner Bailey, Ridglea Presbyterian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Lane, the minutes of the regular meeting of February 18, 2003, were approved unanimously. Special Council Member Moss read a Proclamation honoring Dunbar High Presentations School Coach Robert Hughes. Withdrawn from Council Member Picht requested that Mayor and Council Consent Agenda Communication No. C-19488 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication No. G-13893 be continued until March 18, 2003. Staff Consent Agenda On motion of Council Member Silcox, seconded by Mayor Pro tempore McCloud, the consent agenda, as amended, was adopted unanimously. Appointments Council Member Lane made a motion, seconded by Council Member Davis, that Teresa M. Ayala be reappointed to Place 2 on the Parks and Community Services Advisory Board, effective February 25, 2003 and with a term expiring October 1, 2004. The motion carried unanimously. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that Lee Milton Echols, Jr. be appointed to Place 8 on the Parks and Community Services Advisory Board, effective February 25, 2003 and with a term expiring October 1, 2004. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 2 of 22 Ord. #15456 There was presented Ordinance No. 15456 by the City Council of Publication of the City of Fort Worth, Texas, directing publication of Notice of Notice of Intention to issue Combination Tax and Revenue Certificates of Intention to Obligation, Series 2003; and ordaining other matters relating to the Issue subject. Council Member Davis made a motion, seconded by Combination Council Member Lane, that the recommendation be adopted. The Tax & Revenue motion carried unanimously. Certificates of Obligation, Series 2003 Res. #2923 The City Council, at its meeting of February 18, 2003, continued Locally Resolution No. 2923 adopting the recommended locally preferred Preferred alternative for the Southwest Parkway (SH-121T) and transmitting Alternative for the recommended locally preferred alternative to the Texas Southwest Department of Transportation for the Texas Department of Parkway & Transportation's hearing on the Draft Environmental Impact Transmit to Statement (DEIS) for SH-121T. TxDOT Hearing on DEIS City Secretary Pearson read the corresponding resolution at this time. Res. #2924 The City Council, at its meeting of February 18, 2003, continued Comments on Resolution No. 2924 adopting comments on the Draft DEIS for Environmental Impact Statement (DEIS) for the Southwest Parkway Southwest (SH-121T) and transmitting the comments to the Texas Department Parkway & of Transportation (TxDOT) for the Texas Department of Transmit Transportation's hearing on the DEIS for SH-121T. Comments to TxDOT Hearing Messrs. Marc Ott, Joe Ternus, and Bryan Beck gave a brief on DEIS presentation which included proposed changes, some of which were based on public comments. The briefing also included an explanation of the three traffic models used to conduct the traffic studies. Mr. Ott acknowledged members of the Project Team, Joe Ternus, Bryan Beck, Robert Goode, Doug Rademaker, Scott Polikov, Brian Schaumberger, and Kurt Schulte. Council Member Silcox advised the Council of another proposal submitted by the major property owner in the area. He introduced Mr. Scott Walker, a representative of Casco. Mr. Walker requested that Arborlawn be constructed at grade to facilitate easier access to the Casco property. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 3 of 22 The following individuals appeared before Council relative to the SH-121 T Project: Joe Monteleone 3305 Moss Hollow Represented Overton Woods Homeowners Association Margaret DeMoss 3451 Green Arbor Ct. Beth Rivers 4900 Riverbend Dr. Chuck Blanton 3600 Briarhaven Rd. Represented Overton Woods Homeowners Association Randy Means 1941 Berkeley Place Represented Bentley Village Homeowners Association John Boswell 2214 Spanish Trail Represented Fort Worth Country Day Council Member Silcox made a motion, seconded by Council Member Mayor Pro tempore McCloud, that Resolution No. 2923 be adopted, with various modifications. The motion carried unanimously. Council Member Silcox made a motion, seconded by Council Member Lane, that Resolution No. 2924 be adopted. The motion carried unanimously. Recessed/ Mayor Barr recessed the meeting at 12:30 p.m. and reconvened at Reconvened 12:40 p.m. Ord. #15457 The City Council, at its meeting of February 18, 2003, continued Calling Election Ordinance No. 15457 ordering an election by the qualified voters of for Mayor & City the City of Fort Worth, Texas, on Saturday, the 3rd day of May, 2003, Council for the purpose of electing the Mayor and Council Members for the Members on City of Fort Worth. May 3, 2003 City Attorney Yett advised Council that there was one additional change to be made to the Revised Exhibit "A", stating that the precincts to be voted at Calvary Cathedral were 4124 and 1595. Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the ordinance be adopted, as amended. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 4 of 22 OCS-1333 There was presented Mayor and Council Communication No. OCS- Claims 1333 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-13891 There was presented Mayor and Council Communication No. G- Ord. #15458 13891 from the City Manager recommending that the City Council: COPS Grant: Value-Based 1. Authorize the City Manager to accept a renewal grant award Initiative from the Office of Community Oriented Policing Services (COPS) in the amount of $157,500.00 for the Value-Based Initiative for the period of October 1, 2003, through March 31, 2005; and 2. Adopt Appropriation Ordinance No. 15458 increasing estimated receipts and appropriations in the Grants Fund in the amount of $157,500.00, subject to receipt of a grant from the Office of Community Oriented Policing Services for the Value-Based Initiative; and 3. Authorize the City Manager to waive indirect costs in the amount of $14,075.00. It was the consensus of the City Council that the recommendation be adopted. G-13892 There was presented Mayor and Council Communication No. G- Ord. #15459 13892 from the City Manager recommending that the City Council: Application to Texas Parks & 1. Authorize the City Manager to submit, accept and execute a Wildlife grant application to the Texas Parks and Wildlife Department for Department for a Community Outreach Grant for the Community purpose of funding an outdoor learning area at Paschal Outreach Grant High School; and 2. Adopt Appropriation Ordinance No. 15459 increasing estimated receipts and appropriations in the Grants Fund in the amount of $7,085.00, subject to receipt of the funds from the Texas Parks and Wildlife Department for a Community Outreach Grant for the purpose of funding an outdoor learning area at Paschal High School. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 5 of 22 It was the consensus of the City Council that the recommendation be adopted. G-13893 It was the consensus of the City Council that Mayor and Council Continued until Communication No. G-13893, Supplemental Appropriation March 18, 2003 Ordinance for Fiscal Year 2002-2003 for Rollover Encumbrances and Designated Expenditures, be continued until March 18, 2003. Public Hearing It appeared that the City Council set today as the date for a public hearing for Fort Worth Public Improvement District No. 11 (the Stockyards). Mayor Barr asked if there was anyone present desiring to be heard. Ms. Linda Brown, representing the Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13894, as follows: G-13894 There was presented Mayor and Council Communication No. G- Res. #2925 13894 from the City Manager recommending that the City Council: PI #11 (The Stockyards) 1. Hold a public hearing concerning the following matters: • The advisability of establishing the proposed district; and • The general nature of the proposed improvements and/or services; and • The estimated cost of improvements and/or services; and • The proposed boundaries of the district; and • The proposed method of assessment; and • The proposed apportionment of costs between the improvement district and the City as a whole; and 2. Adjourn such public hearing; and 3. Adopt Resolution No. 2925 which: • Establishes a public improvement district under the Public Improvement District Assessment Act (the Act) (V.T.C.A., Local Government Code, Section 372.001 et seq.) to be known as the Fort Worth Public Improvement District No. 11 (PID No. 11); and • Authorizes the City to exercise the powers granted by the Act in connection with the establishment of a public improvement district; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 6 of 22 • Makes certain findings concerning the nature and advisability of the improvements and/or services to be provided by the district, the estimated costs, the boundaries of the district, the method of assessment, and the apportionment of costs between the district and the City as a whole; and • Adopts the budget and service plan for Fiscal Year 2003-2004, which was presented by representatives of signers of the petition for creation of the district; and 4. Adopt the proposed assessment roll on file in the Office of the City Secretary; and 5. Direct the City Secretary to publish notice of the establishment of the district as required by the Act; and 6. Authorize the City Manager to execute a contract with the Fort Worth Stockyards Preservation Foundation, Inc. to provide management services to the district. There being no one else present desiring to be heard in connection with the public hearing for Fort Worth Public Improvement District No. 11 (the Stockyards), Council Member Lane made a motion, seconded by Council Member Moss, that the public hearing be closed and Mayor and Council Communication No. G-13894 be adopted. The motion carried unanimously. Council Member Lane expressed appreciation to all the business and property owners who participated in creating PID No. 11. G-13895 There was presented Mayor and Council Communication No. G- Ord. #15460 13895 from the City Manager recommending that the City Council 2003 approve Ordinance No. 15460 adopting the City of Fort Worth 2003 Comprehensive Comprehensive Plan; analyzing population, economic and financial Plan trends; describing municipal services and facilities; describing economic and technological issues affecting development; describing implementation tools; dividing the City into 16 planning sectors; providing maps describing proposed future land uses and recommended land use policies for each sector; establishing goals and recommended policies. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 7 of 22 Public Hearing It appeared that the City Council set today as the date for a public hearing for the approval and appropriation of mid-year adjustments to FY2002-2003 Crime Control and Prevention District budget for Crime Lab improvements. Mayor Barr asked if there was anyone present desiring to be heard. Ralph Mendoza, Chief of Police, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13896, as follows: G-13896 There was presented Mayor and Council Communication No. G- Ord. #15461 13896 from the City Manager recommending that the City Council: Mid-Year Adjustments to 1. Approve a mid-year adjustment of $120,000.00 to the FY2002-2003 FY2002-2003 Crime Control and Prevention District (CCPD) CCPD Budget budget to fund operating expenses during DNA certification; for Crime Lab and Improvements 2. Approve a mid-year adjustment of $1,671,983.00 to the FY2002-2003 CCPD budget to fund a new Crime Lab facility; and 3. Adopt Supplemental Appropriation Ordinance No. 15461 increasing estimated receipts and appropriations in the Crime Control and Prevention District Fund by $1,791,983.00 from available funds and decreasing the Unreserved, Designated Fund balance by $1,791,983.00 for the purpose of funding a new Crime Lab facility. There being no one else present desiring to be heard in connection with the public hearing for the approval and appropriation of mid- year adjustments to FY2002-2003 Crime Control and Prevention District budget for Crime Lab improvements, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-13896 be adopted. The motion carried unanimously. G-13897 There was presented Mayor and Council Communication No. G- Fourth Annual 13897 from the City Manager recommending that the City Council Pooch & Pals approve the Public Health Department's Animal Care and Control Promenade Division's Fourth Annual Pooch and Pals Promenade walk/run to benefit the City's animal shelter. Council Member Silcox made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 8 of 22 G-13898 There was presented Mayor and Council Communication No. G- Ord. #15462 13898 from the City Manager recommending that the City Council: Sponsorships for "Care for 1. Authorize the City Manager to accept $3,000.00 in cash Cowtown Air" sponsorships for the "Care for Cowtown Air" program; and Program 2. Authorize the City Manager to accept donated services sponsorships valued in excess of$10,000.00; and 3. Adopt Supplemental Appropriation Ordinance No. 15462 increasing estimated receipts and appropriations in the Environmental Management Fund in the amount of $3,000.00 from available funds, for the purpose of funding the kick-off event for "Care for Cowtown Air". Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. G-13899 There was presented Mayor and Council Communication No. G- Ord. #15463 13899 from the City Manager recommending that the City Council Amend Chapter adopt Ordinance No. 15463 amending the Code of the City of Fort 12.5, Worth (1986), as amended, by the amendment of Chapter 12.5, Environmental "Environmental Protection and Compliance," Article I Protection & "Administration and Enforcement," Section 12.5-103 "Definitions," Compliance by the addition of definitions for "Brush," "Big Trash and Big Related to Solid Brush," "Carry-out Service," "Cart," "CFCS/HCFS," "City Waste Services Household Collection Service," "Convenience Center," and "Yard Trimmings" and by the amendment of the definition of "Commission;" and further amending said chapter by the amendment of Article VIII, "Solid Waste and Recycling," Division 1, "General Provisions," by the amendment of Section 12.5-802 "Operation of City Solid Waste Facilities," by renaming it and authorizing the Director of Environmental Management to determine operational procedures at convenience centers; by the amendment of Section 12.5-803 "Special Waste Not Accepted," providing for the prohibition of special waste being placed for collection or disposed of at convenience centers, and providing exceptions; by the amendment of Section 12.5-804 "Vehicles at City Solid Waste Facilities," by renaming it and requiring vehicles to be covered to prevent spillage or blowing of waste; by the amendment of Section 12.5-805 "Assumption of Risk of Injury at City Solid Waste Facilities," by renaming it and providing for assumption of risk by persons entering upon convenience centers; CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 9 of 22 and further amending said chapter by the amendment of Article VIII, "Solid Waste and Recycling," by the amendment of Division 2, "Household Collection" in its entirety, providing for the collection of household garbage, recyclables, yard trimmings, and big trash and big brush; and further amending said chapter by the amendment of Article VIII, "Solid Waste and Recycling," Division 3, "Commercial Services," Section 12.5-830, "Commercial Collection Service," providing for the curbside collection of garbage and rubbish from certain commercial customers; providing that this ordinance is cumulative; providing a severability clause; providing for a fine up to $2,000.00 for each offense in violation of the ordinance. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. G-13900 There was presented Mayor and Council Communication No. G- Reject Bids for 13900 from the City Manager recommending that the City Council Unit Two and authorize the City Manager to reject all bids for Unit Two of the Authorize Re- cleaning and closed-circuit television inspection of large diameter Bid Cleaning & sanitary sewer mains in Fort Worth and to re-advertise this project Closed Circuit for bid at a later date. Council Member Davis made a motion, Television seconded by Mayor Pro tempore McCloud, that the Inspection of recommendation be adopted. The motion carried unanimously. Large Diameter Sanitary Sewer Mains G-13901 There was presented Mayor and Council Communication No. G- Transfer CDBG 13901 from the City Manager recommending that the City Council Funds from approve the transfer of $44,965.00 of Community Development Eugene McCray Block Grant (CDBG) — Year XXVI funds from the Eugene McCray Community Community Center project to the Shackleford Park project. Center to Council Member Moss made a motion, seconded by Mayor Pro Shackleford tempore McCloud, that the recommendation be adopted. The Park motion carried unanimously. G-13902 There was presented Mayor and Council Communication No. G- Ord. #15464 13902 from the City Manager recommending that the City Council Amend Project & adopt Ordinance No. 15464 approving an amended Project and Financing Plan Financing Plan for Tax Increment Zone No. 3, City of Fort Worth, for Tax Increment Texas (Downtown TIF); making various findings related to such Reinvestment amended plan. Council Member Davis made a motion, seconded Zone #3 by Mayor Pro tempore McCloud, that the recommendation be (Downtown TIF) adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 10 of 22 P-9746 There was presented Mayor and Council Communication No. P- Pre-Recorded 9746, dated February 11, 2003, from the City Manager DVDs recommending that the City Council authorize a purchase agreement for pre-recorded digital video disks (DVDs) from Follett Media Distribution for the Library Department based on over-all best percentage of discount from the list price meeting specifications with payment due 30 days after receipt of the invoice and freight included in unit prices; and authorize this agreement to begin February 11, 2003, and expire February 10, 2004, with options to renew for four additional one-year periods. Council Member Moss made a motion, seconded by Council Member Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Moss, Wentworth, and Davis NOES: Council Member Picht ABSENT: None P-9753 There was presented Mayor and Council Communication No. P- Curb Stops 9753 from the City Manager recommending that the City Council authorize a purchase agreement with Ferguson Waterworks for curb stops for the Water Department based on the low bid of unit prices. The shipping cost is included to receiving point with payment due 30 days from the date of the invoice; and authorize this agreement to begin February 25, 2003, and expire February 24, 2004, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9754 There was presented Mayor and Council Communication No. P- PVC Water & 9754 from the City Manager recommending that the City Council Sewer Pipe authorize a purchase agreement with Ferguson Waterworks for polyvinyl chloride (PVC) water and sewer pipe for the Water Department based on the low bid of unit prices. The shipping cost is included to receiving point with payment due 30 days from the date of the invoice; and authorize this agreement to begin February 25, 2003, and expire February 24, 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 FEBRUARY 25, 2003 PAGE 11 of 22 P-9755 There was presented Mayor and Council Communication No. P- Mowing 9755 from the City Manager recommending that the City Council Services authorize a purchase agreement with Scott Landscape Maintenance, Inc. to provide mowing services for the Parks and Community Services Department based on the low bid of $30,262.00, with payment due 30 days from the date of the invoice; and authorize this agreement to begin February 25, 2003, and expire February 24, 2004, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9756 There was presented Mayor and Council Communication No. P- Hose & Fittings 9756 from the City Manager recommending that the City Council authorize a purchase agreement with Four Star Hose Supply, Inc. for hose and fittings for the City of Fort Worth. Prices will be based on the overall low bid of manufacturer's list prices less the quoted discounts for each category and labor charged per hour for threading and repairs as listed on the bid tabulation. Payment is due 30 days from the date the invoice is received. The City takes ownership at the City's facilities and freight is not charged; and authorize this agreement to begin February 25, 2003, and expire February 24, 2004, with options to renew for two additional one- year periods. It was the consensus of the City Council that the recommendation be adopted. P-9757 There was presented Mayor and Council Communication No. P-9757 OEM Capital from the City Manager recommending that the City Council: Controls Chlorine & Sulfur Dioxide 1. Authorize a sole source purchase agreement with Hartwell Induction Units, Environmental Corporation for OEM (original equipment Parts & Repair manufacturer) Capital Controls chlorine and sulfur dioxide Service induction units, parts and repair service for the Water Department with payment due 30 days from the date of the invoice, with freight prepaid and added to the invoice; and • OEM Capital Controls equipment and parts provided at Manufacturers List Price; and • Labor to repair equipment will be provided at $100.00 per hour; and 2. Authorize this agreement to begin March 1, 2003, and expire February 29, 2004, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 12 of 22 P-9758 There was presented Mayor and Council Communication No. P- Mowing 9758 from the City Manager recommending that the City Council Services authorize a purchase agreement with Goodwill Industries to provide mowing services through the Texas Industries for the Blind and Handicapped for the Parks and Community Services Department for a total cost of $44,152.00 with payment due 30 days from the date of invoice; and authorize this agreement to begin February 25, 2003, and expire February 24, 2004, with options to renew for two successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9759 There was presented Mayor and Council Communication No. P- Office Supplies 9759 from the City Manager recommending that the City Council: 1. Authorize a purchase agreement with Corporate Express for office supplies for all City departments based on the Interlocal Agreement with Tarrant County. Freight is included in the prices and payment is due 30 days after receipt of the invoice; and • Supplies listed in the primary catalog will be at list price, less 65 percent discount; and • Supplies listed in the secondary catalog will be at list price, less discounts up to 80 percent; and 2. Authorize this agreement to begin March 4, 2003, and expire September 4, 2003, with an option to renew for one additional one-year period. It was the consensus of the City Council that the recommendation be adopted. P-9760 There was presented Mayor and Council Communication No. P- ComLog Digital 9760 from the City Manager recommending that the City Council Voice Logger authorize a sole source purchase with CVDs, Inc. for a ComLog Digital Voice Logger for the Police Department's alternate Public Safety Answering Point. The purchase is based on the bid received from the sole source vendor of $48,428.84, with payment due 30 days from receipt of the invoice with freight included in the quoted price. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 13 of 22 P-9761 There was presented Mayor and Council Communication No. P- Upgrade Internet 9761 from the City Manager recommending that the City Council Services authorize a purchase agreement for an Internet services upgrade from AT&T for the Information Technology Solutions Department using the State of Texas catalogue purchasing procedures; and authorize this two-year agreement to begin February 25, 2003, and expire February 24, 2005, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. L-13508 There was presented Mayor and Council Communication No. L- Acquisition of 13508 from the City Manager recommending that the City Council Parcel of Land, authorize the acquisition of one parcel of land described as a Permanent 1.4348 acre tract, one permanent easement described as a 3.224 Easement & acre tract, and one temporary construction easement described as Temporary a 2.579 acre tract, all located in the Nathaniel Holbrook Survey, Construction Abstract No. 647 from Vernon Investment Corporation for the Easement construction of a new water tank and the extension of the Westside IV Water Transmission Main near Westpoint Boulevard and west of Bassett Locke Road (DOE 3540) for a total cost of $3.00. It was the consensus of the City Council that the recommendation be adopted. L-13509 There was presented Mayor and Council Communication No. L- Avigation 13509 from the City Manager recommending that the City Council Easement authorize the acceptance of an avigation easement described as Lot 8, Block 96, M. G. Ellis Addition, from Martha L. Loza for property located at 3115 Refugio for the Fort Worth Meacham International Airport Noise Mitigation Program for a cost of $1.00; and authorize the acceptance and recording of the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13510 There was presented Mayor and Council Communication No. L- Sub-Lease 13510 from the City Manager recommending that the City Council Extension for authorize the City Manager to execute a sub-lease extension with Office Space Texas Christian University for office space located at 2900 West Berry Street for the Police Department, at a cost of $1.00 per year; and authorize the extension to begin March 1, 2003, and expire February 29, 2004. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 14 of 22 L-13511 There was presented Mayor and Council Communication No. L- Lease Extension 13511 from the City Manager recommending that the City Council for Office Space authorize the City Manager to execute a lease extension with United Community Centers, Inc. for office space located at 970 East Humbolt Street for the Police Department at no cost; and authorize the lease extension to begin April 1, 2003, and expire March 31, 2004, with two 12-month renewal options. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing for a street name change from Packsaddle Drive to Pack Saddle Trail, Legacy Square Addition, Fort Worth, Texas. Mayor Barr asked if there was anyone present desiring to be heard. Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. PZ-2465, as follows: PZ-2465 There was presented Mayor and Council Communication No. PZ- Ord. #15465 2465 from the City Manager recommending that the City Council Street Name adopt Ordinance No. 15465 changing the name of "Packsaddle Change Drive" to "Pack Saddle Trail", from North Academy Boulevard to SN-03-001 Pepperwood Trail, Legacy Square Addition, Fort Worth, Texas. There being no one else present desiring to be heard in connection with the public hearing for a street name change from Packsaddle Drive to Pack Saddle Trail, Legacy Square Addition, Fort Worth, Texas, Council Member Wentworth made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and that Mayor and Council Communication No. PZ-2465 be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing for a street name change from Vanderzyl Road to Scoma Road, Vanderzyl Addition, Fort Worth, Texas. Mayor Barr asked if there was anyone presented desiring to be heard. Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. PZ-2466, as follows: CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 15 of 22 PZ-2466 There was presented Mayor and Council Communication No. PZ- Ord. #15466 2466 from the City Manager recommending that the City Council Street Name adopt Ordinance No. 15466 changing the name of "Vanderzyl Change Road" to "Scoma Road", from East Ripy Street to Butler Street, SN-03-002 Vanderzyl Addition, Fort Worth, Texas. There being no one else present desiring to be heard in connection with the public hearing for a street name change from Vanderzyl Road to Scoma Road, Vanderzyl Addition, Fort Worth, Texas, 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. PZ-2466 be adopted. The motion carried unanimously. C-19481 There was presented Mayor and Council Communication No. C- Ord. #15467 19481 from the City Manager recommending that the City Council: Texas State Library & 1. Authorize the City Manager to accept the Loan Star Libraries Archives Grant for the Fort Worth Public Library in the amount of Commission $78,247.00 from the Texas State Library and Archives Commission; and 2. Authorize the City Manager to execute a grant agreement with the Texas State Library and Archives Commission relating to such grant; and 3. Adopt Appropriation Ordinance No. 15467 increasing estimated receipts and appropriations in the Grants Fund in the amount of $78,247.00, upon receipt of a grant from the Texas State Library and Archives Commission for the Loan Star Libraries Program. It was the consensus of the City Council that the recommendation be adopted. C-19482 There was presented Mayor and Council Communication No. C- Ord. #15468 19482 from the City Manager recommending that the City Council: Sutton & Associates, LP 1. Authorize the transfer of $348,652.50 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $191,952.50, and the Sewer Capital Project Fund in the amount of $156,700.00; and CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 16 of 22 2. Adopt Appropriation Ordinance No. 15468 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $191,952.50 and the Sewer Capital Project Fund in the amount of $156,700.00 from available funds for the purpose of funding a contract with Sutton and Associates, LP for Unit I hot mix asphaltic concrete (HMAC) Surface Overlay 2003-8 and Unit II Reconstruction of Bird Street; and 3. Authorize the City Manager to execute a contract with Sutton & Associates, LP in the amount of $645,684.00 for 85 working days for Unit I, HMAC Surface Overlay 2003-8 ($605,305.00), and Unit II, Reconstruction of Bird Street ($40,379.00). It was the consensus of the City Council that the recommendation be adopted. C-19483 There was presented Mayor and Council Communication No. C- Westhill 19483 from the City Manager recommending that the City Council Construction, authorize the City Manager to execute a contract with Westhill Inc. Construction, Inc. in the amount of$116,769.00 for 70 working days for Valley Gutter Contract 2003-9 at various locations. It was the consensus of the City Council that the recommendation be adopted. C-19484 There was presented Mayor and Council Communication No. C- Cornerstone 19484 from the City Manager recommending that the City Council Appraisal authorize the City Manager to execute a real estate appraisal Company review contract with Cornerstone Appraisal Company in an amount not to exceed $27,000.00. It was the consensus of the City Council that the recommendation be adopted. C-19485 There was presented Mayor and Council Communication No. C- Advanced 19485 from the City Manager recommending that the City Council Underground authorize the City Manager to execute a contract with multiple Imaging, Inc. vendors to provide cleaning and closed-circuit television and Ace Pipe inspection of large diameter sanitary sewer mains as follows: Cleaning, Inc. • Advanced Underground Imaging, Inc., $288,536.00, Unit One • Ace Pipe Cleaning, Inc., $205,987.25, Unit Three It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 17 of 22 C-19486 There was presented Mayor and Council Communication No. C- Ord. #15469 19486 from the City Manager recommending that the City Council: R. A. Development, 1. Authorize the transfer of $303,584.30 from the Water and Inc. & Stabile & Sewer Fund to the Water Capital Project Fund in the amount Winn, Inc. of $241,290.30, and the Sewer Capital Project Fund in the amount of $62,294.00; and 2. Adopt Appropriation Ordinance No. 15469 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $241,290.30 and the Sewer Capital Project Fund in the amount of $62,294.00 from available funds for the purpose of funding a contract with R. A. Development, Inc. for 1998 CIP Various Locations Contract 2001 D Unit I: Water and Sewer Replacements; and 3. Authorize the City Manager to execute a contract with R. A. Development, Inc. in the amount of $271,057.30 for 1998 CIP Various Locations, Contract 2001D, Unit I: Water and Sanitary Sewer Replacements; and 4. Authorize the City Manager to execute a contract with Stabile & Winn, Inc. in the amount of $353,539.65 for 1998 CIP Various Locations, contract 2001D, Unit II: Paving Improvements (Alternate No. 1). It was the consensus of the City Council that the recommendation be adopted. C-19487 There was presented Mayor and Council Communication No. C- Amendment #2 19487 from the City Manager recommending that the City Council to CSC #26033 - approve Amendment No. 2 to City Secretary Contract No. 26033 for TxDOT safety improvements requested by the Federal Aviation Administration for Taxiway Alpha at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-19488 There was presented Mayor and Council Communication No. C- FW Aviation 19488 from the City Manager recommending that the City Council Heritage authorize the City Manager to approve an agreement with the Fort Association Worth Aviation Heritage Association to hold an Air Show at Fort Worth Alliance Airport during the 2003 calendar year, with five annual renewal options. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 18 of 22 C-19489 There was presented Mayor and Council Communication No. C- Steve Dake 19489 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a construction contract with Steve Dake Construction for the renovation of digester No. 13 at the Village Creek Wastewater Treatment Plant in the amount of $359,300.00. It was the consensus of the City Council that the recommendation be adopted. C-19490 There was presented Mayor and Council Communication No. C- Ramey Avenue, 19490 from the City Manager recommending that the City Council: L.P. & KB Home Lone Star, L.P. 1. Approve the application of Ramey Avenue, L.P. and KB Home Lone Star, L.P. for a five-year Municipal Property Tax Abatement for the Ramey Place Addition in the Stop Six Neighborhood Empowerment Zone (NEZ); and 2. Find that the statements set forth in the recitals of the Tax Abatement Agreement with Ramey Avenue, L.P., a Texas Limited Partnership, and KB Home Lone Star, L.P., are true and correct; and 3. Authorize the City Manager to enter into a Tax Abatement Agreement with Ramey Avenue, L.P., and KB Home Lone Star, L.P., in accordance with the NEZ 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 Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, Wentworth, and Davis NOES: Council Member Silcox ABSENT: None Council Member Moss advised Council that KB Home Lone Star had committed to building the homes with a minimum of 1,500 square feet instead of 1,200 square feet. He further stated that the tax abatement was in accordance with the Neighborhood Empowerment Zone. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 19 of 22 C-19491 There was presented Mayor and Council Communication No. C- Barham & Harris 19491 from the City Manager recommending that the City Council One, L.P. authorize the City Manager to execute a Community Facilities Agreement with Barham & Harris One, L.P., for the installation of community facilities for Parkview Hills Addition, Phase I. Council Member Haskin made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-19492 There was presented Mayor and Council Communication No. C- D. R. Horton — 19492 from the City Manager recommending that the City Council Texas, Ltd. authorize the City Manager to execute a Community Facilities Agreement with D. R. Horton — Texas, Ltd., for the installation of community facilities for McPherson Ranch, Phase I. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19493 There was presented Mayor and Council Communication No. C- Mercantile 19493 from the City Manager recommending that the City Council Partners, L.P. authorize the City Manager to execute a Community Facilities Agreement with Mercantile Partners, L.P. for the installation of community facilities for stream relocation of a portion of Little Fossil Creek. Council Member Lane made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. C-19494 There was presented Mayor and Council Communication No. C- Light of the 19494 from the City Manager recommending that the City Council World Lutheran authorize the City Manager to execute a Community Facilities Church Agreement with Light of the World Lutheran Church for the installation of water and sewer services. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Council Member Lane 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 709 Grainger hearing for Appeal of the Order of the Building Standards Street Commission regarding 709 Grainger Street. Mayor Barr asked if HS-89-78 there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 20 of 22 Mr. Carl Smart, Code Compliance Director, appeared before Council, gave a staff report regarding 709 Grainger Street and recommended that Council uphold the decision of the Building Standards Commission's ruling to deny the request for an amendment to the order. Bob Strickland Mr. Bob Strickland, 2700 Missouri, appeared before City Council and requested favorable consideration for amendment to the order and stated that he had problems with the electrician completing the electrical work. He stated that the issue was being resolved and requested an extension, stating that he would be able to complete the repairs within the thirty-day period. William Kay Mr. William Kay, 915 Morris St., appeared before the City Council and advised that he had to drop everything to work on the property at 709 Grainger Street, and that the only thing that was impeding their progress was completion of the electrical portion. In response to Council Member Davis inquiry relative to the zoning of the property, Mr. Bob Riley stated that it was zoned "ER" Restricted Commercial. He further stated that they were researching to see if the property was ever granted a legal non- conforming status. There being no one else present desiring to be heard in connection with the public hearing for the Appeal of the Order of the Building Standards Commission regarding 709 Grainger Street, Council Member Davis made a motion, seconded by Council Member Haskin, that the public hearing be closed and that Council uphold the decision of the Building Standards Commission to deny the request for an amendment to the order. Council Member Lane assumed his chair. Public Hearing It appeared that the City Council set today as the date for a public 1801 Ash hearing for Appeal of the Order of the Building Standards Crescent Street Commission regarding 1801 Ash Crescent Street. Mayor Barr HS-95-247 asked if there was anyone present desiring to be heard. Mr. Carl Smart, Code Compliance Director, appeared before Council, gave a staff report regarding 1801 Ash Crescent Street and recommended that Council uphold the decision of the Building Standards Commission to repair or demolish the property within 30 days. CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 21 of 22 Greg Bellows Mr. Greg Bellows, 644 Hicks, appeared before the City Council and requested that additional time be granted and briefed them on the history of this property and stated that some of the violations were received under the previous owner. He needed time to obtain a new bid on the electrical work. Mr. Carl Smart advised Council that the Code Compliance was willing to work with Mr. Bellows, but that he would need to show a significant amount of progress had been made prior to any demolition-taking place. There being no one else present desiring to be heard in connection with the public hearing for the Appeal of the Order of the Building Standards Commission regarding 1801 Ash Crescent, Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the public hearing be closed and that Council uphold the decision of the Building Standards Commission to repair or demolish the property within 30 days. City Manager Jackson informed Council that staff would be briefed relative to alternative ways of managing substandard structures. Citizen Mr. Harbi Hassan, 1228 N. Britain Road #227, Irving, appeared Presentations before Council regarding affordable taxicab insurance. Harbi Hassan Executive It was the consensus of the City Council that they recess into Session Executive Session at 1:37 p.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) Modern Contractors v. Women's Second Chance, et al, Cause No. 48-190689-01; b) Tracy Milian v. City of Fort Worth, Cause No. 017- 197096-03; c) E. F. Haralson, Jr. v. Board of Adjustment, Cause No. 342-196146-02; CITY COUNCIL MEETING FORT WORTH, TEXAS FEBRUARY 25, 2003 PAGE 22 of 22 d) Legal issues concerning the Martha Lane drainage channel; e) Legal issues concerning any City Council agenda item; 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 2:37 p.m. Adjournment There being no further business, the meeting was adjourned at 2:37 p.m. 4-4fij- 'r�* 7" ,/) 'A,+<W1 f �. CITY S TARY MAYOR