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HomeMy WebLinkAbout2003/09/23-Minutes-City Council CITY COUNCIL MEETING SEPTEMBER 23, 2003 Date & Time On the 23rd day of September, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:30 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; Assistant City Manager Joe Paniagua; 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 Deacon Joe Milligan, Holy Family Catholic Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Haskin, the minutes of the regular meeting of September 16, 2003, were approved unanimously. Special Mayor Pro tempore McCloud read the Spanish translation and Presentations Council Member Lane read the English version of the Hispanic Heritage Month Proclamation and presented them to representatives of the group. Council Member Stevenson presented a Proclamation for Alcohol and Drug Addition Recovery Month. Council Member Moss presented a Proclamation for Historic Handley Street Festival to Mr. Lloyd Jones and Mr. Kirk Lancaster. He added that the festival would be October 4, 2003, 12:00 Noon to 10:30 p.m. at Handley Drive and East Lancaster. Announcements Council Member Lane expressed condolences of the City Council to the family of Mr. James Leggett. Mayor Pro tempore McCloud invited citizens to attend a Police Forum September 24, 2003, at 7:00 p.m. at Mt. Olive Baptist Church, 2951 Evans Avenue. Council Member Silcox acknowledged the dedication of the soldier guarding the Tomb of the Unknown Soldier during hurricane "Isabel". CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 2 of 20 Council Member Moss expressed appreciation to the staff that worked the National League of Cities F.A.I.R. held here this past weekend. He stated that one of the problems identified was that Cities were losing a considerable amount of tax dollars with the increased use of e-commerce. Council Member Lane announced that Friday, September 26, 2003, the Stockyards Herd would take its 3000th cattle drive and invited everyone to come out and participate in the celebration. Council Member Stevenson expressed appreciation to Ms. Brandi O'Quinn and the committee members who put on the marvelous Jazz on the Boulevard event this past Friday and Saturday. He also applauded Casa Mariana group on their grand opening of a beautifully refurbished facility. He further expressed appreciation to the Administrators of Arlington Heights High and Boswell High Schools for the use of their facility to conduct the CIP meetings in his district. Council Member Picht announced that an Air Show would be held Saturday, September 27, 2003, and Sunday, September 28, 2003, at Alliance Airport. Council Member Davis announced that Family Day would be held September 27, 2003, from 10:00 — 4:00 p.m. at Town Center Mall; this event would be co-sponsored by the Police Department and Town Center Mall. Council Member Silcox announced that a Citizens' Drop Off Station for Recycling and Big Trash meeting would be held at 7:00 p.m. September 24, 2003, at R. D. Evans Community Center, 3242 Lackland Road. Withdrawn from Council Member Silcox requested that Mayor and Council Consent Agenda Communication No. P-9855 be withdrawn from the consent agenda. Continued/ Assistant City Manager Paniagua requested that Mayor and Withdrawn By Council Communication No. G-14098 be withdrawn. Staff Consent Agenda On motion of Council Member Lane, seconded by Mayor Pro tempore McCloud, the consent agenda, as amended, was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 3 of 20 Appointments Mayor Moncrief requested Council's consideration to appoint Mr. Ames Fender to the Historic and Cultural Landmarks Commission. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, to appoint Ames Fender to Place 1 on the Historic and Cultural Landmarks Commission, effective September 23, 2003, and with a term expiring October 1, 2005. The motion carried unanimously. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, to appoint Mr. Daniel Villegas to Place 9 on the Board of Adjustment and the Fort Worth Alliance Airport Board of Adjustment, effective September 23, 2003, and with a term expiring October 1, 2005. The motion carried unanimously. C.P. #234 There was presented Council Proposal No. 234 proposing that the Extension of City Council extend the current moratorium on carports and Moratorium on instruct City staff: Enforcement of Regulations on 1. Not to issue zoning citations for residential carports for an Residential additional 180 days; Carports 2. Not to accept requests for variances from the zoning ordinance for carports for an additional 180 days, with the understanding that no citations will be issued for such carports pending consideration by the City Council of amendments to the zoning ordinance concerning carports; and 3. Upon request and concurrence of the applicant, to seek a continuance for an additional 180 days of requests for variances from the zoning ordinance for carports that are currently pending before the Board of Adjustment, with the understanding that no citations will be issued for such carports pending consideration by the City Council of amendments of to the zoning ordinance concerning carports; and 4. To organize and meet with a citizen task force to study the issues and present any proposed text amendments revising the current regulations regarding reports to the City Council Housing and Workforce Development Committee. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 4 of 20 OCS-1374 There was presented Mayor and Council Communication No. OCS- Claims 1374 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-14087 There was presented Mayor and Council Communication No. G- Continued for 14087, dated September 9, 2003, from the City Manager One Week recommending that the City Council adopt the Public Art Master Plan prepared by the Arts Council of Fort Worth and Tarrant County for management of the Public Art Program as recommended by the Fort Worth Art Commission. Council Member Lane made a motion, seconded by Council Member Haskin, that the recommendation be adopted. Council Member Moss made a substitute motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. G-14087 be continued for one week. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Moss, Picht, Stevenson, and Davis NOES: Council Members Lane and Haskin ABSENT: None G-14093 There was presented Mayor and Council Communication No. G- Deed Restriction 14093 from the City Manager recommending that the City Council to Establish approve the deed restriction for a portion of Arcadia Trails Park Environmental North to establish an environmental mitigation area for the Migration Area construction of the North Tarrant Parkway/IH-35 W Interchange and for North Tarrant Roadway Projects. It was the consensus of the City Council that Parkway/IH-35W the recommendation be adopted. Interchange & Roadway Projects G-14094 There was presented Mayor and Council Communication No. G- Sale of Tax 14094 from the City Manager recommending that the City Council Foreclosure approve the sale of the surplus tax foreclosure property at 1440 Property Allen Avenue to Habitat for Humanity, in accordance with Section 272.001 of the Texas Local Government Code for a total of $1,750.00; and authorize the City Manager to execute the CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 5 of 20 appropriate deed conveying the property to the highest bidder. It was the consensus of the City Council that the recommendation be adopted. G-14095 There was presented Mayor and Council Communication No. G- Ord. #15691 14095 from the City Manager recommending that the City Council Sewer Per Acre adopt Ordinance No. 15691 adopting a per acre charge for the 6368 Charge for M- acres served by City initiated sewer main M-618* from Station 0+00 618* Sewer Main to Station 158+15; and establish the basin boundaries for these per from Station acre charges to be assessed with payment of the assessment to 0+00 to Station the Fort Worth Water Department. It was the consensus of the City 158+15 Council that the recommendation be adopted. G-14096 There was presented Mayor and Council Communication No. G- Ord. #15692 14096 from the City Manager recommending that the City Council Transfer Impact adopt Appropriation Ordinance No. 15692 increasing estimated Fee Revenues to receipts and appropriations in the Sewer Capital Project Fund in Operating the amount of $1,595,282.00 from impact fees for the purpose of Budget transferring said funds to the Water and Sewer Operating Fund; and authorize the transfer of $1,595,282.00 from the Sewer Capital Project Fund to the Water and Sewer Operating Fund. It was the consensus of the City Council that the recommendation be adopted. G-14097 There was presented Mayor and Council Communication No. G- Reimburse 14097 from the City Manager recommending that the City Council Funds for Youth authorize the City Manager to reimburse the Youth Sports Council Sports Program of Fort Worth, Inc. for program services to be provided from Services for FY September 1, 2003, through August 31, 2004, for the Youth Sports 2003-2004 Program in an amount not to exceed $195,000.00. It was the consensus of the City Council that the recommendation be adopted. G-14098 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G- 14098, Adoption of Resolution Concerning Reduction in Scope of Bellaire Drive South Project and Reprogramming Available Bond Funds to Supplement SH-121T Southwest Parkway Project, be withdrawn. G-14099 There was presented Mayor and Council Communication No. G- Ord. #15693 14099 from the City Manager recommending that the City Council Revise Retail adopt Ordinance No. 15693 amending Sections 35-56(b), 35-56(c), Water & and 35-56(d) of Chapter 35 of the Code of the City of Fort Worth Wastewater (1986), as amended, by revising retail water and wastewater rates Rates and charges. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 6 of 20 Mr. Dale Fisseler, Water Department Director, appeared before Council and advised Council that their decision in October 2001, provided for the two percent funding from the Capital Improvement Program for the Public Art Program and stated that this revised rate was to recover the actual costs of providing water and wastewater service to retail customers. He further stated that there would be no impact for the Wholesale Water referenced by M&C G- 14100. Council Member Silcox expressed opposition to providing a two percent funding from the Capital Improvement Program for the Public Art Program and then increasing the water rates for the citizens. Council Member Picht made a substitute motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G- 14099 be continued for one week. The motion failed by the following vote: AYES: Council Member Silcox and Picht NOES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Stevenson, and Davis ABSENT: None The motion to approve Mayor and Council Communication No. G- 14099 carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: None G-14100 There was presented Mayor and Council Communication No. G- Ord. #15694 14100 from the City Manager recommending that the City Council Revise adopt Ordinance No. 15694 amending Sections 35-56(g) and 35- Wholesale 56(h) of Chapter 35 of the Code of the City of Fort Worth (1986), as Water, amended, by revising wholesale water, wastewater and raw water Wastewater & service rates and charges. Council Member Davis made a motion, Raw Water seconded by Council Member Moss, that the recommendation be Service Rates adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 7 of 20 Public Hearing It appeared that the City Council set today as the date for a public hearing to adopt an ordinance designating Tax Abatement Reinvestment Zone No. 45. 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 and called attention to Mayor and Council Communication No. G-14101, as follows: G-14101 There was presented Mayor and Council Communication No. G- Continued for 14101 from the City Manager recommending that the City Council: One Week 1. Hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 45, City of Fort Worth, Texas; and 2. Adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone No. 45, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone. Matt Graves Mr. Matt Graves, 777 Taylor Street, Suite 1126, appeared before the City Council and requested Council's favorable consideration for the designation of Tax Abatement Reinvestment Zone No. 45. He advised them that a large amount would be expended for the improvements to the black top road in lieu of paying taxes, which would attract major investment in this area. Dean Davis Mr. Dean Davis, 3113 S. University, appeared before City Council and stated that Salubris would bring a new technology to the City of Fort Worth and requested favorable consideration. Council Member Davis requested that staff provide detailed analysis of the following: (1) the level of tax abatement relative to job creation, particularly central city jobs, (2) the level of investment relative to MWBE participation, (3) the reasonableness of the tax abatement and if it was in line with previously approved tax abatements, (4) the level of investment for infrastructure improvements, (5) the company profile including the board of directors and (6) the salary ranges of the jobs to be created CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 8 of 20 There being no one else present desiring to be heard in connection with the public hearing to adopt an ordinance designating Tax Abatement Reinvestment Zone No. 45, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be continued for one week. The motion carried unanimously. G-14102 There was presented Mayor and Council Communication No. G- Continued for 14102 from the City Manager recommending that the City Council One Week authorize the City Manager to execute the Tax Abatement Agreement with Salubris Limited Partners for a two phase project; and find that the statements set forth in the recitals of the Tax Abatement Agreement with Salubris Limited Partners are true and correct. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. G-14102 be continued for one week. The motion carried unanimously. P-9851 There was presented Mayor and Council Communication No. P- Mini Excavators 9851 from the City Manager recommending that the City Council authorize the purchase of two new mini excavators from Continental Equipment Company for the Water Department based on the low bid meeting specifications for a total cost not to exceed $65,920.41. Payment is due 30 days from the date the invoice is received and the City will take ownership at its facilities with delivery included in the cost of the equipment. It was the consensus of the City Council that the recommendation be adopted. P-9852 There was presented Mayor and Council Communication No. P- Ord. #15695 9852 from the City Manager recommending that the City Council Sunfire V880 adopt Appropriation Ordinance No. 15695 increasing estimated Server, Software receipts and appropriations in the Special Revenue Fund, & Installation Automated Library System, in the amount of $181,214.00 from available funds for the purpose of funding Sunfire V880 server, software and installation from Dynix for the Library's Integrated Library System (ILS); and authorize the purchase of a Sunfire V880 server, software and installation from the sole source vendor Dynix for the Library ILS. It was the consensus of the City Council that the recommendation be adopted. P-9853 There was presented Mayor and Council Communication No. P- Fencing 9853 from the City Manager recommending that the City Council Replacement authorize the purchase of fence replacement at Fort Worth Meacham International Airport for the Aviation Department from CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 9 of 20 Cleburne Fence Company based on the low bid received, with payment due within 10 days with a two percent discount, and total payment due 30 days after receipt of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9854 There was presented Mayor and Council Communication No. P- Personnel 9854 from the City Manager recommending that the City Council: Transaction Management 1. Authorize the purchase of software, system installation Software & services and training for Helpdesk Expert Automated Tool, Maintenance for a personnel transaction management system from Alliance Technology for use by the Human Resources Department for an estimated cost of $25,918.00 using the State of Texas catalogue purchasing procedures; and 2. Authorize the purchase of yearly software maintenance from Alliance Technology, with a first year cost of$2,271.00; and 3. Authorize the yearly software maintenance agreement to begin on September 23, 2003, and expire September 24, 2004, with options to renew for four successive one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9855 There was presented Mayor and Council Communication No. P- Recycling Carts 9855 from the City Manager recommending that the City Council authorize a lease agreement for 41,465 wheeled recycling carts from Toter, Inc. to be financed through J.P. Morgan Leasing, for the Environmental Management Department Solid Waste Fund in 20 semi-annual payments of $89,693.06, for a grand total of $1,793,861.20. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Stevenson, and Davis NOES: Council Members Silcox and Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 10 of 20 P-9856 There was presented Mayor and Council Communication No. P- Ord. #15696 9856 from the City Manager recommending that the City Council Nortel Network adopt Appropriation Ordinance No. 15696 increasing estimated Equipment & receipts and appropriations in the Specially Funded Capital Project Maintenance Fund, Computer Aided Dispatch Project, in the amount of $159,893.41 from available funds, for the purpose of funding an agreement with Presidio Corporation for Nortel Network equipment and maintenance for the Bolt Street Public Safety Communications Center; and authorize a purchase agreement, using the State of Texas Catalog Purchasing Procedures, for Nortel Network equipment and maintenance from the Presidio Corporation, for the Bolt Street Public Safety Communications Center. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. P-9857 There was presented Mayor and Council Communication No. P- Local Telephone 9857 from the City Manager recommending that the City Council Service confirm the purchase of certain local telephone services for the City of Fort Worth from Southwestern Bell Communications (SBC) from April 9, 2003, through September 23, 2003, in the amount of $595,000.00; and authorize future payments for local telephone service to SBC for the period of September 24, 2003, through April 8, 2004, for an estimated amount of $861,000.00. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. L-13650 There was presented Mayor and Council Communication No. L- Condemnation 13650 from the City Manager recommending that the City Council of Permanent declare the necessity of taking an interest in a portion of Lot 1R, Waterline Block 1 and Lot 2, Block 3, Russell E. Lee Addition, City of Fort Easement & Worth, Texas, for one permanent waterline easement and one Temporary temporary construction easement necessary for the construction, Construction maintenance and operation of the Northside II water transmission Easement main between the McCandless Street and the Cantrell-Samson pump stations; and authorize the City Attorney to institute condemnation proceedings to acquire the interest in the land. It was the consensus of the City Council that the recommendation be adopted. L-13651 There was presented Mayor and Council Communication No. L- Lease Office 13651 from the City Manager recommending that the City Council Space authorize the City Manager to execute a lease agreement with the CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 11 of 20 YMCA for approximately 300 square feet of office space located at 2400 East Berry Street for the Police Department, at a cost of $1.00 per year; and authorize the agreement to begin September 1, 2003, and expire August 31, 2004, with two twelve-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 at the date for a public hearing for the conversion of an additional 0.137 acres of Circle Park for the Northside Branch Library parking lot expansion. Mayor Moncrief asked if there was anyone present desiring to be heard. Mr. Randle Harwood, Acting Director of Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L- 13652, as follows: L-13652 There was presented Mayor and Council Communication No. L- Conversion of 13652 from the City Manager recommending that the City Council: 0.137 Acres of Circle Park 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; and 2. Find that no feasible or prudent alternative exists for providing the needed additional parking for the Northside Branch Library; and 3. Find that the proposed parking lot expansion project includes all reasonable planning to minimize harm to Circle Park; and 4. Authorize the City Manager to convert 0.137 acres (6,000 square feet) of dedicated parkland for use as a parking lot to be placed on a portion of land situated in Circle Park, North Fort Worth Addition, Lot 1, Block 139-A, Tarrant County, Texas. Council Member Lane expressed concern relative to the loss of Oak trees for the parking lot and requested that Mr. Harwood continue to work with the contractor to save these old Oak trees. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 12 of 20 City Attorney Yett advised Council that if the dedicated parkland was less than an acre the Council could approve a conversion of the property for City use; however, an election would have to be conducted for the sale of parkland property. There being no one else present desiring to be heard in connection with the public hearing for the conversion of an additional 0.137 acres of Circle Park for the Northside Branch Library parking lot expansion, Council Member Lane made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and that Mayor and Council Communication No. L-13652 be adopted. The motion carried unanimously. Mr. Bob Riley, Director of Development Department, appeared before Council, gave a brief staff report and called attention to Mayor and Council Communication No. PZ-2503, as follows: PZ-2503 There was presented Mayor and Council Communication No. PZ- Establish 2503 from the City Manager recommending that the City Council Timetable for approved the annexation timetable for the proposed voluntary Voluntary annexation of approximately 52 acres of land, or .081 square miles Annexation of 52 (more or less) located north of W. J. Boaz Road, south of Bailey Acres of Land Boswell Road, east of Boat Club Road, and west of Bowman Located North of Roberts Road (Annexation Case No. AX-03-0007, Boswell Ranch W. J. Boaz Road, Estates/Mae Tract) in compliance with the requirements of Chapter South of Bailey 43 of the Local Government Code of the State of Texas; and direct Boswell Road, staff to prepare a service plan that provides for the extension of full East of Boat municipal services to the annexation area. Council Member Club Road, & Stevenson made a motion, seconded by Mayor Pro tempore West of Bowman McCloud, that the recommendation be adopted. The motion Roberts Road carried unanimously. (Boswell Ranch Estates/Mae Tract) AX-03-0007 C-19754 There was presented Mayor and Council Communication No. C- Refuse-2-13- 19754 from the City Manager recommending that the City Council Limited, L.P. authorize the City Manager to enter into a consent agreement with Refuse-2-B-Limited, L.P. authorizing use of the right-of-way for continuance of existing doorswings and a proposed sidewalk in the alley at 604 South Jennings Avenue. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 13 of 20 C-19755 There was presented Mayor and Council Communication No. C- Arcus 19755 from the City Manager recommending that the City Council authorize the City Manager to execute a contract with Arcus for executive search consultant services for the recruitment and selection of an Information Technology Solutions Department Director, in an amount not to exceed $33,500.00 for fees and expenses. It was the consensus of the City Council that the recommendation be adopted. C-19756 There was presented Mayor and Council Communication No. C- Change Order#1 19756 from the City Manager recommending that the City Council to CSC #28452 — authorize the City Manager to execute Change Order No. 1 to City Westhill Secretary Contract No. 28452 with Westhill Construction, Inc. in the Construction, amount of $150,000.00 for Concrete Restoration (2003-3) at Various Inc. Locations, thereby increasing the total contract amount to $924,083.50. It was the consensus of the City Council that the recommendation be adopted. C-19757 There was presented Mayor and Council Communication No. C- JLB Contracting, 19757 from the City Manager recommending that the City Council LP authorize the City Manager to execute a contract with JLB Contracting, LP in the amount of $685,355.90 for 60 working days for HMAC Surface Overlay 2003-23 at Various Locations. It was the consensus of the City Council that the recommendation be adopted. C-19758 There was presented Mayor and Council Communication No. C- Hall Albert 19758 from the City Manager recommending that the City Council Construction authorize the City Manager to execute a contract with Hall Albert Company Construction Company in the amount of$105,937.25 for 90 working days for Subdrain Improvements (2003-18) for Dew Drop Lane, Canyon Lands Drive, and Inwood Road. It was the consensus of the City Council that the recommendation be adopted. C-19759 There was presented Mayor and Council Communication No. C- Tarrant County 19759 from the City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the labor, materials and equipment for the stabilization and paving of the parking lot expansion at TechFortWorth for a cost not to exceed $68,000.00 for materials (lime and asphalt), and $250.00 reimbursement to Tarrant County for labor and equipment. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 14 of 20 C-19760 There was presented Mayor and Council Communication No. C- Ord. #15697 19760 from the City Manager recommending that the City Council U.S. Department authorize the City Manager to execute a contract with the U.S. of Health & Department of Health and Human Services for additional funding Human Services for the Metropolitan Medical Response System; and adopt Appropriation Ordinance No. 15697 increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $280,000.00 subject to receipt of funds from the U.S. Department of Health and Human Services for the purpose of funding the Metropolitan Medical Response System. It was the consensus of the City Council that the recommendation be adopted. C-19761 There was presented Mayor and Council Communication No. C- Ord. #15698 19761 from the City Manager recommending that the City Council Texas authorize the City Manager to execute an interlocal agreement with Commission on the Texas Commission on Environmental Quality for the operation Environmental of local air pollution monitors at nine sites. The agreement amount Quality is $402,921.00 for FY2003-2004; and adopt Appropriation Ordinance No. 15698 increasing estimated receipts and appropriations in the Grants Fund in the amount of $402,921.00, subject to receipt of an executed contract with the Texas Commission on Environmental Quality, for the purpose of funding the operation of local air pollution monitors at nine sites. It was the consensus of the City Council that the recommendation be adopted. Council Members Silcox and Haskin excused themselves from the Council table. C-19762 There was presented Mayor and Council Communication No. C- United Riverside 19762 from the City Manager recommending that the City Council: Rebuilding Corporation 1. Approve the application of United Riverside Rebuilding Corporation (URRC), owner of properties located at 613 South Judkins Street, 120 Paradise Street, and 2928 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 the URRC are true and correct; and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 15 of 20 3. Authorize the City Manager to enter into a separate Tax Abatement Agreement with the URRC for each property in the Riverside NEZ in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19763 There was presented Mayor and Council Communication No. C- GideonToal 19763 from the City Manager recommending that the City Council authorize the City Manager to execute the contract with GideonToal in an amount not to exceed $36,640.00 for professional services relating to the implementation of a Tax Increment Reinvestment Zone for the southern downtown and Lancaster Avenue area. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-19764 There was presented Mayor and Council Communication No. C- G&G 19764 from the City Manager recommending that the City Council Development, authorize the City Manager to execute a Community Facilities Inc. Agreement with G&G Development, Inc., for the installation of community facilities for Alta Vista Road from Keller-Haslet Road to State Highway 170. Council Member Davis made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. Council Member Haskin assumed her chair at the Council table. C-19765 There was presented Mayor and Council Communication No. C- Crowley 19765 from the City Manager recommending that the City Council Independent authorize the City Manager to execute a Community Facilities School District Agreement with Crowley Independent School District for the installation of community facilities for the New Crowley I.S.D. 9th Grade Campus located at McPherson Boulevard and South Hulen Street. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. Council Member Silcox assumed his chair at the Council table. C-19766 There was presented Mayor and Council Communication No. C- United States 19766 from the City Manager recommending that the City Council Postal Services authorize the City Manager to execute a Memorandum of Understanding with the United States Postal Service (USPS) that would initiate a $70,000.00 schematic design for the proposed construction of a new service center at the Federal Depot site at CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 16 of 20 Felix and James Streets. If the City pursues the project to completion it would occupy and operate the new service center as a replacement for its Harley Service Center via a lease-to-purchase agreement with a Local Government Corporation that will purchase the complex from the USPS. Council Member Davis made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-19767 There was presented Mayor and Council Communication No. C- Fort Worth 19767 from the City Manager recommending that the City Council Independent authorize the City Manager to execute an agreement with the Fort School District Worth Independent School District to operate the Fort Worth After- School Program at selected schools as a juvenile crime prevention measure. 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 Nos. C-19767 and C- 19768. Council Member Davis requested staff to seek grant funding to leverage the existing funds for after school programs. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Stevenson, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss C-19768 There was presented Mayor and Council Communication No. C- Fort Worth, 19768 from the City Manager recommending that the City Council Keller, Crowley, authorize the City Manager to execute contracts with the Fort Eagle Mountain/ Worth, Keller, Crowley, Eagle Mountain/Saginaw, Northwest, and Saginaw, Everman Independent School Districts (ISDs) to operate the School Northwest, & Security Initiative. Council Member Davis made a motion, Everman ISDs seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 17 of 20 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Stevenson, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss Public Hearing It appeared that the City Council set today as the date for the first Voluntary public hearing for the proposed voluntary annexation of Annexation of approximately 109 acres of land located north of Westport 109 Acres Parkway, south of the Tarrant County/Denton County Line, east of Located North of Old Denton Road, and west of Beach Street North (Annexation Westport Case No. AX-03-0005). Mayor Moncrief asked if there was anyone Parkway, South present desiring to be heard. of Tarrant County/Denton Ms. Cathy Davidson, representing the Development Department, County Line, appeared before Council, gave a staff report and advised Council East of Old that, after any testimony, the hearing should be closed. Denton Road, & There being no one present desiring to be heard in connection with West of Beach the first public hearing for the proposed voluntary annexation of Street North approximately 109 acres of land located north of Westport AX-03-0005 Parkway, south of the Tarrant County/Denton County Line, east of Old Denton Road, and west of Beach Street North (Annexation Case No. AX-03-0005), Council Member Haskin made a motion, seconded by Council Member Lane, that the public hearing be closed. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the Voluntary second public hearing for the proposed voluntary annexation of Annexation of approximately 59.047 acres of land located north of Keller Haslet 59.047 Acres Road (County Road 4042), south of Westport Parkway, east of Located North of Caylor Road, and west of Old Denton Road (Annexation Case No. Keller Haslet AX-03-0009). Mayor Moncrief asked if there was anyone present Road (Country desiring to be heard. Road 4042), South 0 Ms. Cathy Davidson, representing the Development Department, Westport appeared before Council, gave a staff report and advised Council Parkway, East of that, after any testimony, the hearing should be closed. Caylor Road & There being no one present desiring to be heard in connection with West of Old the second public hearing for the proposed voluntary annexation Denton Road of approximately 59.047 acres of land located north of Keller Haslet AX-03-0009 Road (Country Road 4042), south of Westport Parkway, east of CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 18 of 20 Caylor Road, and west of Old Denton Road (Annexation Case No. AX-03-0009), Council Member Lane made a motion, seconded by Council Member Davis, that the public hearing be closed. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the Voluntary second public hearing for the proposed voluntary limited purpose Limited Purpose annexation of approximately 7,257 acres of land located north of Annexation of IH-30 South to IH-20, south of IH-20, east of Farmer Road, and west 7,257 Acres of the Waste Management Site and Lost Creek Ranch Subdivision, Located North of Parker and Tarrant Counties (Walsh Ranch) (Annexation Case No. IH-30 South to AX-03-0010). Mayor Moncrief asked if there was anyone present IH-20, South of desiring to be heard. IH-20, East of Farmer Road & Ms. Cathy Davidson, representing the Development Department, West of Waste appeared before Council, gave a staff report and advised Council Management that, after any testimony, the hearing should be closed. Site & Lost Creek Ranch There being no one present desiring to be heard in connection with Subdivision, the second public hearing for the proposed voluntary limited Parker & Tarrant purpose annexation of approximately 7,257 acres of land located Counties (Walsh north of IH-30 South to IH-20, south of IH-20, east of Farmer Road, Ranch) and west of the Waste Management Site and Lost Creek Ranch AX-03-0010 Subdivision, Parker and Tarrant Counties (Walsh Ranch) (Annexation Case No. AX-03-0010), Council Member Silcox made a motion, seconded by Council Member Davis, that the public hearing be closed. The motion carried unanimously. Citizen Mr. Francisco Hernandez, 2108 Alston Avenue, appeared before Presentations Council and expressed concern regarding the degree of fairness Francisco used by Code Enforcement Officers and Police Officers when Hernandez issuing citations to City of Fort Worth citizens. The following individuals appeared before Council and expressed support for the construction of a Fort Worth Aviation Museum to house the B-36 aircraft to be located at the Spinks cite: Bill Guy Brigadier Ret. Bill Guy 141 Aviator Drive Buster Buster Cleveland 1612 Jenson Road Cleveland Ted Black 804 Wade Drive, Bedford Ted Black Raymond Mr. Raymond Darrow, 3813 Harlanwood Drive, representing the Darrow Aviation Heritage Association, appeared before Council and CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 19 of 20 expressed support for the construction of a Fort Worth Aviation Museum to house the B-36 aircraft to be located at D/FW because of the economical and operational advantages that would exist. Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:20 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) Legal issues concerning regulating the discharge of firearms within the city limits; b) Legal issues concerning annexation; c) Legal issues concerning the vesting of land development rights; d) Legal issues concerning contract disputes with Avizion Technologies Group and potential employment litigation matters involving the Information Technology Solutions Department; e) Legal issues concerning low and moderate income housing development; f) 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 CITY COUNCIL MEETING FORT WORTH, TEXAS SEPTEMBER 23, 2003 PAGE 20 of 20 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:50 p.m. Adjournment There being no further business, the meeting was adjourned at 1:50 P.M. CITY S RETARY MA OR