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HomeMy WebLinkAbout2003/11/04-Minutes-City Council CITY COUNCIL MEETING NOVEMBER 4, 2003 Date & Time On the 4th day of November, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 7:02 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Council Members Jim Lane, Chuck Silcox, Frank Moss, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Mayor Pro tempore Ralph McCloud and Council Member Becky Haskin were temporarily absent. Council Member Clyde Picht was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Minister Eunice Speece, Chosen to Change Ministries. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Davis, seconded by Council Member Silcox, the minutes of the regular meeting of October 28, 2003, were approved unanimously. Special Mr. Stewart Isgur, representing the Downtown Study Group, Presentations appeared before Council and presented copies of Rudy Guiliani's book "Leadership" to the City Manager and each member of the City Council. Mayor Pro tempore Ralph McCloud and Council Member Haskin assumed their chairs. Representatives from the Convoy of Hope Project appeared before Council and expressed appreciation for the City's support of the project. City Manager Jackson also expressed appreciation to Mark Thorne, project coordinator, from the Police Department, who was instrumental in the success of this project. Mayor Moncrief presented a Proclamation to Mayor Pro Tempore Ralph McCloud commemorating his 49th birthday. Announcements Mayor Moncrief announced that the list of nominees for the SH121 Advisory Committee was available and that an action item would be placed on the November 11, 2003 City Council meeting agenda. Consent Agenda On motion of Council Member Davis, seconded by Council Member Silcox, the consent agenda was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 2003 PAGE 2 of 12 Res. #3007 There was presented Resolution No. 3007 canceling the regularly Cancel scheduled City Council meeting of November 25, 2003. Council Regularly Member Davis made a motion, seconded by Council Member Scheduled City Stevenson, that the recommendation be adopted. The motion Council Meeting carried unanimously. of November 25, 2003 Boy Scouts and Troop Leaders from Troops 64, 179, and 14, respectively, were recognized and presented with City pins. The Boy Scouts were attending the meeting working on their Citizenship in the Community Badge. OCS-1381 There was presented Mayor and Council Communication No. OCS- Claims 1381 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 meeting of October 28, 2003, continued the public hearing concerning the City of Fort Worth's participation in the Texas Enterprise Zone Program and nominating Bank One-Centerport, Pier 1, and RadioShack as Enterprise Projects. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Ossana Hermossillo, representing the Economic and Community Development Department, appeared before Council, gave a staff report, and called attention to Mayor and Council Communication No. G-14137 as follows: G-14137 There was presented Mayor and Council Communication No. G- Ord. #15733 14137, dated October 28, 2003, recommending the City Council: Participate in Texas Enterprise 1. Hold a public hearing concerning the designation of Zone Program allowable enterprise zone incentives; and and Nominate Bank One- 2. Adopt Ordinance No. 15733 ordaining the City of Fort Centerport, Pier Worth's participation in the Texas Enterprise Zone Program 1, and pursuant to the Texas Enterprise Zone Act, Chapter 2303, RadioShack as Texas Government Code ("Act"), providing tax incentives, Enterprise designating a liaison for communication with interested Projects parties, nominating Bank One, N. A. Centerport Development CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 2003 PAGE 3 of 12 ("Bank One Project") and Pier 1 Services Company Headquarters Development ("Pier 1 Project") to the Office of the Governor Economic Development & Tourism ("EDT") through the Economic Development Bank ("Bank") as enterprise projects, and nominating RadioShack Corporation Campus Development ("RadioShack Project") to EDT through the Bank as a double jumbo enterprise project; and 3. Find that the ordinance identifies all local incentives available in qualifying enterprise zone areas; and 4. Direct and designate the City's Business Development Coordinator to continue to act as liaison for communication with the Office of the Governor Economic Development and Tourism (ETD) to oversee Enterprise Zone activities and communication with qualified businesses; and 5. Authorize the City Manager to submit the appropriate applications to ETD for designation of Bank One's Checkprocessing Facility at Centerpoint Business Park and Pier 1's new corporate headquarters as enterprise projects, and RadioShack's new corporate campus as a double enterprise project. There being no one else present desiring to be heard in connection with the public hearing concerning the City of Fort Worth's participation in the Texas Enterprise Zone Program and nominating Bank One-Centerport, Pier 1, and RadioShack as Enterprise Projects, Council Member Stevenson made a motion, seconded by Council Member Lane, that the public hearing be closed and that Mayor and Council Communication No. G-14137 be adopted. The motion carried unanimously. G-14138 There was presented Mayor and Council Communication No. G- Ord. #15734 14138 from the City Manager recommending that the City Council: Local Law Enforcement 1. Authorize the City Manager to accept a grant award from the Block Grant U.S. Department of Justice in the amount of $714,881.00 for Programs, Year the period October 1, 2003, through September 30, 2004; and 8 2. Authorize the transfer of $104,555.00 from the General Fund to the Grants Fund as the cash match to the Local Law Enforcement Block Grant program; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 2003 PAGE 4 of 12 3. Authorize the transfer of $500,000.00 from the General Fund to the Grants Fund to fully fund the Comin' Up program for the period October 1, 2003, through September 30, 2004; and 4. Authorize the transfer of $160,728.00 from the General Fund, Parks and Community Services operating budget, to the Grants Fund to complete funding of the Comin' Up program for the period August 1, 2003, through September 30, 2003; and 5. Authorize the use of interest earned in the amount of $55,000.00; and 6. Approve a contract with the Boys & Girls Clubs of Greater Fort Worth to operate the Comin' Up Gang Intervention Program; and 7. Adopt Appropriation Ordinance No. 15734 increasing estimated receipts and appropriations in the Grants Fund in the amount of $1,535,164.00 from available funds for the purpose of Local Law Enforcement Block Grant programs. It was the consensus of the City Council that the recommendation be adopted. G-14139 City Secretary Pearson stated that Mayor and Council Moved to Communication No. G-14139, Request for Variance from Section 4- November 11, 4 of the City Code to Allow Sale of Alcoholic Beverages at 5500A 2003 Brentwood Stair Road, had been removed from this agenda and would be on the November 11, 2003 City Council agenda. G-14140 There was presented Mayor and Council Communication No. G- Bankruptcy 14140 from the City Manager recommending that the City Council Settlement with authorize the City Manager's Office and the City Attorney's Office EXDS, Inc. for to execute agreements that will settle the City's tax claim against Delinquent EXDS, Inc. (f/k/a Exodus Communications, Inc.). Council Member Taxes Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. G-14141 There was presented Mayor and Council Communication No. G- Approve 2003 14141 from the City Manager recommending that the City Council Ad Valorem Tax approve the 2003 Ad Valorem Tax Roll. Council Member Davis Roll made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 2003 PAGE 5 of 12 G-14142 There was presented Mayor and Council Communication No. G- Ord. #15735 14142 from the City Manager recommending that the City Council: Amend Section 30-52 "License, 1. Adopt Ordinance No. 15735 amending Section 30-52, Bond and License, Bond and Permit, of Chapter 30, Streets and Permit" of Sidewalks, of the Code of the City of Fort Worth, 1986 (as Chapter 30, amended), to increase the Utility License Fee from $300.00 "Streets and per annum to $500.00; and Sidewalks" of 2. Approve other fees and charges for the Transportation and City Code Public Works Department. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. . P-9875 There was presented Mayor and Council Communication No. P- Payroll/ 9875 from the City Manager recommending that the City Council Personnel authorize a purchase agreement for maintenance of the Genesys Software payroll/personnel software for the Human Resources Department Maintenance with Genesys Software Systems, Inc. for $69,267.00 based on the documented sole source; and authorize this agreement to begin November 26, 2003, and expire November 25, 2004, with no additional renewal options. It was the consensus of the City Council that the recommendation be adopted. L-13688 There was presented Mayor and Council Communication No. L- Permanent 13688 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of two permanent sanitary sewer Easements easements described as A-265, Jose Chirino Survey, Tarrant County, Texas, from Harvest Ridge, LP for property located south of State Highway 170 and west of Highway 377 (DOE 4035) needed for future development in Rolling Meadows, Phase I Addition, for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13689 There was presented Mayor and Council Communication No. L- Permanent 13689 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement Easement described as A-265, Jose Chirino Survey, Tarrant County, Texas, from Christ's Haven for Children for property located north of West Caylor Road near Oakleaf Trail and Oakhaven Drive (DOE 3753), needed as right-of-way for the purpose of constructing, upgrading, repairing and maintaining storm drainage facilities for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 2003 PAGE 6 of 12 L-13690 There was presented Mayor and Council Communication No. L- Permanent 13690 from the City Manager recommending that the City Council Drainage approve the acceptance of one permanent drainage easement Easement described as A-265, Jose Chirino Survey, Tarrant County, Texas, from Frederik Floren for property located north of Oakhaven Drive and east and west of Oakleaf Trail (DOE 3658) needed as right-of- way for the purpose of constructing, replacing, upgrading, repairing and maintaining storm drainage facilities for the Village of Woodland Springs project for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13691 There was presented Mayor and Council Communication No. L- Acquisition of 13691 from the City Manager recommending that the. City Council Vacant Lots & authorize the acquisition of four vacant lots and five single-family Single-Family residences in conjunction with the Fort Worth Meacham Residential International Airport Noise Mitigation Program (DOE 3932); and Properties for find that the prices offered in the total amount of$322,105.00 is just FW Meacham compensation for the acquisition of the nine properties; and International authorize the acceptance and recording of appropriate Airport Noise instruments. It was the consensus of the City Council that the Mitigation recommendation be adopted. Program L-13692 There was presented Mayor and Council Communication No. L- Permanent 13692 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of six permanent sanitary sewer Easement easements from various property owners for properties located from Lincolnshire Park along and across Sycamore Creek to Crowley-Cleburne Road needed as right-of-way to construct and maintain an offsite sanitary sewer line to serve the Rainbow Ridge Addition Project (DOE 4073) for a total cost of $6.00. It was the consensus of the City Council that the recommendation be adopted. L-13693 There was presented Mayor and Council Communication No. L- Cancel Lease 13693 from the City Manager recommending that the City Council Agreement approve the cancellation of a 50-year lease agreement with Rose Loviscek for City-owned property described as Lot 32, Block 7, Lake Worth Lease Survey (7925 Vdali Court). Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 2003 PAGE 7 of 12 C-19837 There was presented Mayor and Council Communication No. C- TLC Green 19837 from the City Manager recommending that the City Council Property authorize the City Manager to enter into a consent agreement with Associates I, TLC Green Property Associates I, L.P. authorizing use of the right- L.P. of-way for existing and proposed encroachments for "The Tower" at 500 Throckmorton Street. It was the consensus of the City Council that the recommendation be adopted. C-19838 There was presented Mayor and Council Communication No. C- Ord. #15736 19838 from the City Manager recommending that the City Council: U.S. Equal Employment 1. Authorize the City Manager to execute a contract with the Opportunity U.S. Equal Employment Opportunity Commission in an Commission amount up to $156,950.00; and 2. Adopt Appropriation Ordinance No. 15736 increasing estimated receipts and appropriations in the Grants Fund in the amount of $156,950.00 from available funds, for the purpose of funding a contract with the U.S. Equal Employment Opportunity Commission for continued investigation of employment discrimination cases; and 3. Authorize a non-interest bearing interfund loan from the General Fund to the Grants Fund in the amount of$55,000.00 for interim financing for this grant, pending contract execution to ensure a smooth transition from one grant funding period to another. It was the consensus of the City Council that the recommendation be adopted. C-19839 There was presented Mayor and Council Communication No. C- Renew Option 19839 from the City Manager recommending that the City Council for Airport authorize the City Manager to exercise the second of two Liability consecutive one-year renewal options for the commercial airport Insurance liability insurance. It was the consensus of the City Council that the recommendation be adopted. C-19840 There was presented Mayor and Council Communication No. C- Ord. #15737 19840 from the City Manager recommending that the City Council: Change Order#1 to CSC #28520 — 1. Authorize the transfer of $43,875.00 from the Water and Sutton & Sewer Operating Fund to the Water Capital Project Fund in Associates, LP the amount of $21,937.50, and the Sewer Capital Project Fund in the amount of$21,937.50; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 2003 PAGE 8of12 2. Adopt Appropriation Ordinance No. 15737 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $21,937.50 and the Sewer Capital Project Fund in the amount of $21,937.50 from available funds for the purpose of funding Change Order No. 1 to City Secretary Contract No. 28520 with Sutton & Associates, L.P. for HMAC Surface Overlay 2003-5; and 3. Authorize the City Manager to execute Change Order No. 1 to City Secretary Contract No. 28520 with Sutton & Associates, L.P. in the amount of $87,750.00 for HMAC Surface Overlay 2003-5, thereby increasing the total contract amount up to $726,765.00. It was the consensus of the City Council that the recommendation be adopted. C-19841 There was presented Mayor and Council Communication No. C- Ord. #15738 19841 from the City Manager recommending that the City Council: Texas Department of 1. Authorize the City Manager to apply for and accept, if Human Services awarded, a grant from the Texas Department of Human Services (TDHS) requesting up to $75,000.00 from the Year 2004 Child and Adult Care Nutrition Program (CACNP) for At Risk After School Program funds; and 2. Adopt Appropriation Ordinance No. 15738 increasing estimated receipts and appropriations in the Grants Fund in the amount of $75,000.00 from available funds for the purpose of funding a contract with the Texas Department of Human Services for a Child and Adult Care Nutrition Program for At Risk After School Programs; and 3. Authorize the execution of a contract with TDHS for the CACNP for At Risk After School Programs for the period October 1, 2003, through September 30, 2004, upon receipt of the grant; and 4. Authorize the City Manager to waive the indirect costs as no salaries are involved. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 2003 PAGE 9 of 12 C-19842 There was presented Mayor and Council Communication No. C- Eagleton 19842 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 $256,983.46 for the renovation of four playgrounds at Jefferson Davis, Capps, Greenbriar, and Stephens Parks. It was the consensus of the City Council that the recommendation be adopted. C-19843 There was presented Mayor and Council Communication No. C- Eagleton 19843 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 $135,036.26 for the renovation of two playgrounds at Linwood and Greenway Parks. It was the consensus of the City Council that the recommendation be adopted. C-19844 There was presented Mayor and Council Communication No. C- KPMG, LLP 19844 from the City Manager recommending that the City Council authorize the payment of an additional $50,000.00 to KPMG, LLP for the FY2002 annual audit. Council Member Haskin made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-19845 There was presented Mayor and Council Communication No. C- Tarrant County 19845 from the City Manager recommending that the City Council: Hospital District 1. Authorize payment for hospital services rendered by the Tarrant County Hospital District at John Peter Smith Hospital during FY2002-2003 for an amount not to exceed $125,000.00; and 2. Authorize an agreement for professional rape examination services for the Police Department with the Tarrant County Hospital District at John Peter Smith Hospital; and 3. Authorize this agreement to begin October 1, 2003, and expire September 30, 2004, with up to four successive one- year terms at the City's option. Council Member Haskin made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 2003 PAGE 10 of 12 Public Hearing It appeared that the City Council set today as the date for the first City Initiated public hearing for the proposed City initiated annexation of Annexation of 3 approximately three acres of land being a portion of Old Denton Acres Being a Road, located north of Keller-Hicks Road, east of 135 North, south Portion of Old of State Highway 170, and west of Alta Vista Road (Annexation Denton Road, Case No. AX-03-0011). Mayor Moncrief asked if there was anyone Located North of present desiring to be heard. Keller-Hicks Road, East of 135 Ms. Cathy Davidson, representing the Development Department, North, South of appeared before Council gave a staff report and advised Council State Highway that after any comments, the public hearing should be closed. 170 & West of Alta Vista Road There being no one else present in connection with the first public AX-03-0011 hearing for the proposed City initiated annexation of approximately three acres of land being a portion of Old Denton Road, located north of Keller-Hicks Road, east of 135 North, south of State Highway 170, and west of Alta Vista Road (Annexation Case No. AX-03-0011), Council Member Lane made a motion, seconded by Council Member Stevenson, that the public hearing be closed. The motion carried unanimously. Citizen Ms. Alexandria Brasfield, 7700 Randol Mill Road, appeared before Presentations Council regarding conditions on Randol Mill Road, Cooks Lane, Alexandria and Precinct Line Road. Brasfield Tom Brasfield Mr. Tom Brasfield, 7700 Randol Mill Road, appeared before Council regarding poor road conditions on Randol Mill Road, Cooks Lane, and Precinct Line Road, illegal truck traffic and Code Compliance violations. Council Member Haskin requested that the City investigate the violations presented by Mr. Brasfield. Preceding the following citizen presentations, Mayor Moncrief requested Mr. Robert Goode, Transportation/Public Works Department Director, to brief the audience relative to the proposed road improvements on Precinct Line Road and Trinity Boulevard. Mr. Goode stated that staff had been directed to include $1 million for this intersection project in the bond program and seek additional funding for expanding the north section as far as the Trinity Railway Express tracks. The following individuals appeared before Council relative to widening of Precinct Line Road and safety concerns where Precinct Line Road and Trinity Boulevard intersect: CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 2003 PAGE 11 of 12 Eric Lyles, Mr. Eric Lyles 8613 Tamar Trail Connie Rensink, Ms. Connie Rensink 8825 Tyne Trail Steve McCombs, Mr. Steve McCombs 8825 Tyne Trail Steve Fox, Mr. Steve L. Fox 2929 Timber Creek Trail Don Devous, Mr. Don Devous 9033 Tyne Trail Robert Garcia Mr. Robert Garcia 8712 Pedernales Trail Louis McBee Mr. Louis McBee, 1500 Oak Cliff Road, representing the Eastside Sector for Alliance and the East Fort Worth Business Association, appeared before Council relative to the following issues: widening of Precinct Line Road and Trinity Boulevard; Community Center to serve White Lake Hills and Woodhaven areas; Eastern Hills drainage problem; relocation of Meadowbrook Branch Library; completion of John T. White Road; rehabilitation of street lights along the Lancaster corridor; and demolition of the Cowtown Inn. The following individuals appeared before Council relative to the need for a Community Center in Woodhaven: Sue Barrier, Ms. Sue Barrier 6100 Oakland Hills #909 Trachelle Ms. Trachelle Harston 7708 Buck St. Harston, Ms. Jackie Hubbard 6100 Oakland Hills Dr. Jackie Hubbard, Ms. Taniesha Prescott 5927 Boca Raton Blvd. #243 Taniesha Ms. Mary Lyn Ratcliff 742 Oakwood Trail Prescott, Mary Lyn Ratcliff Robert McKee Mr. Robert McKee, 222 W. 4th St. #511, appeared before Council relative to the need for safety rails at the Fort Worth Water Gardens and attaching bicycles racks to existing parking meters. Reconsideration Mayor Moncrief requested Council reconsider Mayor and Council of M&C C-19845 Communication No. C-19845 as requested by Council Member Moss. Council Member Davis made a motion, seconded by Council Member Stevenson, that Mayor and Council Communication No. C- 19845 be reconsidered at this time. C-19845 There was presented Mayor and Council Communication No. C- Tarrant County 19845 from the City Manager recommending that the City Council: Hospital District 1. Authorize payment for hospital services rendered by the Tarrant County Hospital District at John Peter Smith Hospital during FY2002-2003 for an amount not to exceed $125,000.00; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 2003 PAGE 12 of 12 2. Authorize an agreement for professional rape examination services for the Police Department with the Tarrant County Hospital District at John Peter Smith Hospital; and 3. Authorize this agreement to begin October 1, 2003, and expire September 30, 2004, with up to four successive one- year terms at the City's option. Council Member Moss advised Council that he had a Conflict of Interest on this item, would file an affidavit with the City Secretary, and would abstain from voting. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C- 19845 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Stevenson, and Davis NOES: None ABSENT: Council Member Haskin NOT VOTING: Council Member Moss Adjournment There being no further business, the meeting was adjourned at 8:07 p.m. CITY SEeCRETARY AY CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 4, 2003 PAGE 12 of 12 2. Authorize an agreement for professional rape examination services for the Police Department with the Tarrant County Hospital District at John Peter Smith Hospital; and 3. Authorize this agreement to begin October 1, 2003, and expire September 30, 2004, with up to four successive one- year terms at the City's option. Council Member Moss advised Council that he had a Conflict of Interest on this item, would file an affidavit with the City Secretary, and would abstain from voting. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C- 19845 be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Stevenson, and Davis NOES: None ABSENT: Council Member Haskin NOT VOTING: Council Member Moss Adjournment There being no further business, the meeting was adjourned at 8:07 p.m. CITY SECRETARY AY V