Loading...
HomeMy WebLinkAbout2003/11/18-Minutes-City Council CITY COUNCIL MEETING NOVEMBER 18, 2003 Date & Time On the 18th day of November, A.D., 2003, the City Council of the City of Fort Worth, Texas, met in regular session at 10:03 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Mike Moncrief; Mayor Pro tempore Ralph McCloud; Council Members Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, John Stevenson, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. Council Member Jim Lane was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Ron Gonzales, City Secretary's Department. Pledge The Pledge of Allegiance was recited. Mayor Moncrief exercised executive privilege and stated the following items would be moved forward on the agenda and heard at this time to accommodate Council Member Silcox who, although feeling ill, was attending the Council meeting to vote on the items: Ord. #15749 There was presented Ordinance No. 15749 ordering an election by Election on the qualified voters of the City of Fort Worth, Texas, on February 7, Issuance of Ad 2004, on the question of the issuance of Ad Valorem Tax supported Valorem Tax public securities for the 2004 Capital Improvement Program (CIP). Supported Council Member Silcox made a motion, seconded by Council Public Securities Member Davis, that the recommendation be adopted. The motion for 2004 GIP carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Moss, Stevenson, and Davis NOES: Council Member Picht ABSENT: Council Member Lane G-14162 There was presented Mayor and Council Communication No. rd. #1575 14162 from the City Manager recommending that the City Council Amend Chapter adopt Ordinance No. 15750 amending the Code of the City of Fort 12 "Emergency Worth, by amending Chapter 12 "Emergency Reporting Equipment Reporting and Procedures" to add definitions; to require an annual alarm Equipment and permit; to require an alarm permit prior to police response; to Procedures" of increase the alarm permit fees and se_ ice fees to the maximum City Code allowed by state law; to amend the provisions for the denial, CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 2 of 20 revocation and reinstatement of a permit; and to add monitoring procedures and duties for alarm companies. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Stevenson, and Davis NOES: Council Members Moss and Picht ABSENT: Council Member Lane G-14163 There was presented Mayor and Council Communication No. G- Ord. #15751 14163 from the City Manager recommending that the City Council: Ord. #15752 Add 13 Police 1. Adopt Supplemental Appropriation Ordinance No. 15751 Officer Positions increasing estimated receipts and appropriations in the to Police General Fund in the amount of $642,806.00 from available Department funds for the purpose of funding 13 additional police officer positions; and 2. Adopt Ordinance No. 15752 adjusting the total number of authorized civil service positions in the Police Department; adding 13 officers' positions; providing a statement of purpose and intent for the adoption and implementation of this ordinance; providing that this ordinance shall be cumulative; providing a severability clause; providing for engrossment and enrollment of this ordinance; and providing for an effective date. Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Council Member Silcox excused himself from the table at this time. Minutes On motion of Council Member Stevenson, seconded by Council Member Davis, the minutes of the regular meeting of November 11, 2003, were approved unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 3 of 20 Special Mayor Pro tempore McCloud presented a Proclamation for Presentations PlainsCapital Fort Worth Bowl. Mr. Scott Murray thanked the Council for the proclamation and presented each of the Council Members with honorary Fort Worth Bowl blazers and asked they wear them at the game. He recognized Mr. Al White, Chief Executive Officer, and Mr. Tom Starr, Executive Director, Fort Worth Bowl. Mr. White presented Mayor and Mrs. Moncrief with a painting entitled "Trail Hands and Trollies". Council Member Davis presented a Proclamation for Home Care Month. Council Member Picht excused himself from the Council table at this time. Mayor Moncrief presented a Proclamation to Council Member Becky Haskin commemorating her birthday November 16, 2003. Announcements Council Member Haskin expressed appreciation to Kathy Livingston, Community Relations Director, and her staff for conducting a very successful Youth Town Hall meeting November 15, 2003. Withdrawn from Council Member Haskin requested that Mayor and Council Consent Agenda Communication No. L-13700 be withdrawn from the consent agenda and moved to the end of the agenda. Council Member Picht assumed his chair. Consent Agenda On motion of Council Member Haskin, seconded by Council Member Moss, the consent agenda, as amended, was adopted unanimously. Committee Council Member Davis stated that the Central City Revitalization Report and Economic Development Committee met with the four development teams that submitted proposals to build a convention center hotel, November 17, 2003. As a result of that meeting, the committee had narrowed the field and would recommend two finalists to the Council December 2, 2003, She added that the finalists were Omni Hotels (Irving, Texas) and Austin Commercial, L.P. (Dallas, Texas). OCS-1383 There was presented Mayor and Council Communication No. OCS- Claims 1383 from the Office of the City Secretary recommending that the City Council refer notices of claims regarding alleged damages CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2403 PAGE 4 of 20 and/or injuries to the Finance/Risk Management Department. It was the consensus of the City Council that the recommendation be adopted. OCS-1 384 There was presented Mayor and Council Communication No. OCS- Res. #3010 1384 from the Office of the City Secretary recommending that the Setting Regular City Council adopt Resolution No. 3010 setting the regular zoning Zoning Hearing hearing for December 16, 2003. Mayor Pro tempore McCloud made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. G-14150 There was presented Mayor and Council Communication No. G- Settlement of 14150 from the City Manager recommending that the City Council Claims in approve the proposed settlement of the claims of Avizion Lawsuit Entitled Technologies Group, Inc. in the lawsuit entitled Avizion Avizion Technologies Group, Inc. v. City of Fort Worth, Cause No. 352- Technologies 202052-03; and authorize payment of $30,000.00 to Avizion Group, Inc. v. Technologies Group, Inc.; and authorize the appropriate City City of Fort representative to execute the documents necessary to complete Worth, Cause # the settlement. It was the consensus of the City Council that the 352-202052-03 recommendation be adopted. G-14151 There was presented Mayor and Council Communication No. G- Confirm Re- 14151 from the City Manager recommending that the City Council Appointments to confirm the re-appointment of the following individuals to the Disciplinary Disciplinary Appeals Board for three year terms: Appeals Board Name Address Council District Franklin Burkley 2508 Timberline Dr., 8 76119 Sharon Leviton 222 W. Fourth St., 9 76102 Joe Lerma 711 Woodland Ave., 9 76110 Sharon Barnes 6509 Westrock Dr., 6 76133 Cheryl Lopez 6409 Mesa Ridge Dr- 4 76137 It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 5 of 20 G-14152 There was presented Mayor and Council Communication No. G- Temporary 14152 from the City Manager recommending that the City Council Closure of authorize the extension of the temporary closure of Robinwood Robinwood Drive from Marigold Drive to Eagle Drive to facilitate the Drive from construction of Dry Branch Creek Drainage Improvements until Marigold Drive December 15, 2003. It was the consensus of the City Council that to Eagle Drive the recommendation be adopted. G-14153 There was presented Mayor and Council Communication No. G- Ord. #15753 14153 from the City Manager recommending that the City Council: Application to Operate 1. Consider and adopt the findings of City staff as presented;Pedicabs within and City 2. Find that public necessity and convenience require the operation of four pedicabs upon City streets, alleys and thoroughfares; and 3. Adopt Ordinance No. 15753 granting to All About Town Pedicabs, L.L.C. the privilege to use the streets, alleys and public thoroughfares of the City in the conduct of its pedicab business, which shall consist of the operation of four pedicabs for a period beginning on November 25, 2003, and ending on November 24, 2008; specifying the terms and conditions of the grant; providing for a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by All About Town Pedicabs L.L.C.; and providing for an effective date. It was the consensus of the City Council that the recommendation be adopted. G-14154 There was presented Mayor and Council Communication No. G- Ord. #15754 14154 from the City Manager recommending that the City Council: Application to Operate 1. Consider and adopt the findings of City staff as presented; Limousines and within City 2. Find that public necessity and convenience require the operation of seven limousines upon the City streets, alleys and thoroughfares; and 3. Adopt Ordinance No. 15754 granting Alamo Limousine, Limited Partnership the privilege to use the streets, alleys and public thoroughfares of the City in the conduct of its limousine business, which shall, consist of the operation of seven limousines for a period beginning on November 25, CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 6 of 20 2003, and ending on November 24, 2008; specifying the terms and conditions of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by Alamo Limousine, Limited Partnership; and providing for an effective date. It was the consensus of the City Council that the recommendation be adopted. G-14155 There was presented Mayor and Council Communication No. G- Ord. #15755 14155 from the City Manager recommending that the City Council: Application to Operate Horse- 1. Consider and adopt the findings of City staff as presented; Drawn Carriages and within City 2. Find that the public necessity and convenience require the operation of five horse-drawn carriages upon the City streets, alleys and thoroughfares; and 3. Adopt Ordinance No. 15755 granting to Classic Carriages the privilege to use the streets, alleys and public thoroughfares of the City in the conduct of its horse-drawn carriage business, which shall consist of the operation of five horse-drawn carriages for a period beginning on November 25, 2003, and ending on November 24, 2008; specifying the terms and conditions of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by Classic Carriages; and providing for an effective date. It was the consensus of the City Council that the recommendation be adopted. G-14156 There was presented Mayor and Council Communication No. G- Ord. #15756 14156 from the City Manager recommending that the City Council: Application to Operate Horse- 1. Consider and adopt the findings of City staff as presented:Drawn Carriages and within City 2. Find that the public necessity and convenience require the operation of five horse-drawn carriages upon the City streets, alleys and thoroughfares; and 3. Adopt Ordinance No. 15756 granting to West Fork Carriage Service the privilege to use the streets, alleys and public thoroughfares of the City in the conduct of its horse-drawn CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 7 of 20 carriage business, which shall consist of the operation of five horse-drawn carriages for a period beginning on November 25, 2003, and ending on November 24, 2008; specifying the terms and conditions of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by West Fork Carriage Service; and providing for an effective date. It was the consensus of the City Council that the recommendation be adopted. G-14157 There was presented Mayor and Council Communication No. G- Ord. #15757 14157 from the City Manager recommending that the City Council: Application to Operate 1. Consider and adopt the findings of City staff as presented; Limousines and within City 2. Find that public necessity and convenience require the operation of seven limousines upon the City streets, alleys and thoroughfares; and 3. Adopt Ordinance No. 15757 granting Zia's Limos the privilege to use the streets, alleys and public thoroughfares of the City in the conduct of its limousine business, which shall consist of the operation of four limousines for a period beginning on November 25, 2003, and ending on November 24, 2008; specifying the terms and conditions of the grant; providing a severability clause; making this ordinance cumulative of all ordinances; providing for written acceptance by Zia's Limos; and providing for an effective date. It was the consensus of the City Council that the recommendation be adopted. G-14158 There was presented Mayor and Council Communication No. G- Tax Abatement 14158 from the City Manager recommending that the City Council with Motheral authorize the City Manager to execute the Tax Abatement Printing Agreement with Motheral Printing Company; and authorize the City Company & Manager to execute the Tax Abatement Agreement with Centreport Centreport Properties, Inc.; and find that the statements set forth in the Properties, Inc. recitals of both of the Tax Abatement Agreements are true and correct, Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 8 of 20 AYES: Mayor Moncrief; Mayor Pro tempore McCloud; Council Members Haskin, Moss, Stevenson, and Davis NOES: Council Member Picht ABSENT: Council Members Lane and Silcox Council Member Davis stated that this was not a new tax abatement but a procedural changed to an existing tax abatement. Public Hearing It appeared that the City Council set today as the date for a public hearing for the MT-02-002 Master Thoroughfare Amendment: Deletion of an unnamed minor arterial and reclassification of Lou Menk Drive. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Christa Sharpe, representing Transportation/Public Works Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14159, as follows: G-14159 There was presented Mayor and Council Communication No. G- Master 14159 from the City Manager recommending that the City Council Thoroughfare adopt the proposed amendment to the Master Thoroughfare Plan, Plan MT-02-002, to delete an unnamed minor arterial and reclassify Lou Amendment Menk Drive. MT-02-002 There being no one else present desiring to be heard in connection with the public hearing for the MT-02-002 Master Thoroughfare Amendment: Deletion of an unnamed minor arterial and reclassification of Lou Menk Drive, Council Member Stevenson made a motion, seconded by Council Member Davis, that the public hearing be closed and that Mayor and Council Communication No. G-14159 be adopted. The motion carried unanimously, Public Hearing It appeared that the City Council set today as the date for a public hearing for the public hearing for the MT-02-003 Master Thoroughfare Amendment: Reclassification of Sun Valley Drive from IH-820 to Kay Street from a minor arterial to a collector, and deletion of an unnamed minor arterial. Mayor Moncrief asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 9 of 20 Ms. Christa Sharpe, representing Transportation/Public Works Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14160, as follows: G-14160 There was presented Mayor and Council Communication No. G- Master 14160 from the City Manager recommending that the City Council Thoroughfare adopt the proposed amendment to the Master Thoroughfare Plan, Plan MT-02-003, to reclassify Sun Valley Drive from IH-820 to Kay Street Amendment from a minor arterial to a collector, and delete an unnamed minor MT-02-003 arterial. There being no one else present desiring to be heard in connection with the public hearing for the MT-02-003 Master Thoroughfare Amendment: Reclassification of Sun Valley Drive from IH-820 to Kay Street from a minor arterial to a collector, and deletion of an unnamed minor arterial, Council Member Moss made a motion, seconded by Council Member Davis, that the public hearing be closed and that Mayor and Council Communication No. G-14160 be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing for the public hearing for the MT-02-006 Master Thoroughfare Amendment: Reclassification of Sandy Lane from John T. White Road to Randol Mill Road from a major arterial to a minor arterial. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Christa Sharpe, representing Transportation/Public Works Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-14161, as follows: G-14161 There was presented Mayor and Council Communication No. G- Master 14161 from the City Manager recommending that the City Council Thoroughfare adopt the proposed amendment to the Master Thoroughfare Plan, Plan MT-02-006, to reclassify Sandy Lane from John T. White Road to Amendment Randol Mill Road from a major arterial to a minor arterial. MT-02-006 There being no one else present desiring to be heard in connection with the public hearing for the MT-02-006 Master Thoroughfare Amendment: Reclassification of Sandy Lane from John T. White Road to Randol Mill Road from a major arterial to a minor arterial, Council Member Harkin made a motion, seconded by Council CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 10 of 20 Member Picht, that the public hearing be closed and that Mayor and Council Communication No. G-14161 be adopted. The motion carried unanimously. P-9877 There was presented Mayor and Council Communication No. P- Standard 9877 from the City Manager recommending that the City Council Software authorize the purchase of standard software products from Packages Software House International using the State of Texas Department of Information Resources contract for an amount not to exceed $180,000.00; and authorize the agreement to begin November 18, 2003, and expire November 17, 2004, 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-9878 There was presented Mayor and Council Communication No. P- McAfee Active 9878 from the City Manager recommending that the City Council Virus Defense authorize a purchase agreement with Future Com, Ltd. for McAfee Suite Licenses Active Virus Defense Suite licenses and maintenance for the Information Technology Solutions Department using the State of Texas Building and Procurement Commission Catalog procedures at an estimated cost of $63,525.00; and authorize the purchase of a maintenance agreement beginning December 16, 2003, and expiring December 15, 2004, with an option to renew for a one-year period. It was the consensus of the City Council that the recommendation be adopted. P-9879 There was presented Mayor and Council Communication No. P- Amend 9879 from the City Manager recommending that the City Council Purchase. confirm the purchase of goods and services for the City of Fort Agreements with Worth from Dell Marketing, Ltd. in the amount of $6,741.00, and Dell Marketing, from Affiliated Telephone Equipment, Inc. in the amount of Ltd. and $118,350.00; and authorize additional increases for purchase Affiliated agreements with Dell Marketing, Ltd. in the amount of $50,000.00, Telephone and in the amount of $85,000.00 for Affiliated Telephone Equipment, Inc, Equipment, Inc; and authorize the increase in the purchase agreements from November 18, 2003 through March 31, 2004. It was the consensus of the City Council that the recommendation be adopted. P-9880 There was presented Mayor and Council Communication No, P- rofessional 9880 from the City Manager recommending that the City Council Computer authorize the City Manager to enter into two contracts with Secure Security Services Commerce Systems, Inc. for the period November 18, 2003, to June and Network 30, 2004, for an amount not to exceed $97,620.00. Council Member Analysis C CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 11 of 20 Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. L-13700 It was the consensus of the City Council that Mayor and Council Moved to End of Communication No. L-13700, Authorization to Execute a Lease Agenda Agreement with the National Cowgirl Museum and Hall of Fame, Inc. to Include Additional Land, be moved to the end of the agenda, so that Council Member Haskin could get a response to her question. L-13701 There was presented Mayor and Council Communication No. L- Permanent 13701 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer and Permanent easement described as a portion of the A.M. Feltus Survey, Drainage Abstract No. 1464, and the Jesse Daniel Survey, Abstract No. 349 Easements and three permanent drainage easements described as a portion of the A.M. Feltus Survey, Abstract No. 1464, Denton County, Texas, from Beechwood Creeks, Ltd., for property located south of SH-1 14 and west of IH-35 (DOE 4143) necessary for the construction, operation, and maintenance of sanitary sewer and storm drain improvements to serve the proposed Beechwood Creeks Addition, for a total cost of $4.00. It was the consensus of the City Council that the recommendation be adopted. L-13702 There was presented Mayor and Council Communication No. L- Right-of-Way 13702 from the City Manager recommending that the City Council and Permanent authorize the City Manager to approve the acquisition of one right- Slope of-way (ROW) and one permanent slope easement described as A- Easements 999, William McCowan Survey, Tarrant County, Texas, from Presidio Vista 1, Ltd., for property located along the west side of IH- 35W near the existing ROW of North Tarrant Parkway (Project No. 0081-12-036) for the highway interchange at North Tarrant Parkway from IH-35W to US 377 (DOE 4014), for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-137 3 There was presented Mayor and Council Communication No. L- Permanent 13703 from the City Manager recommending that the City Council Sanitary approve the acceptance of two permanent sanitary sewer Easements easements described as part of the J. F. Heath Survey, Abstract No. 641, from Ralf Properties, LP, A Texas Limited Partnership, and Ralf Ranch 11, LP, a Texas Limited Partnership, required for the construction of an 8-inch sanitary sewer 'fine across the grantor's CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 12 of 20 property in south Fort Worth (DOE 4121) to serve the proposed Weatherby Farms residential subdivision, located south of Dirks Road, for a total cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13704 There was presented Mayor and Council Communication No. L- Sale of City- 13704 from the City Manager recommending that the City Council owned Tax approve the sale of the surplus tax foreclosed property located at Foreclosed Handley Ederville Road to Riverbend East 1, LP, pursuant to Property Section 272.001 of the Texas Local Government Code for a total cost of $225,000.00; and authorize the City Manager to execute the appropriate deed conveying the property to the highest bidder. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. L-13705 There was presented Mayor and Council Communication No. L- Encroachment 13705 from the City Manager recommending that the City Council Easement authorize the execution of an encroachment easement agreement Agreement from Oncor Electric Delivery Company required for the construction of an 8-inch sanitary sewer line in south Fort Worth (DOE 4121) at no cost to the City. Council Member Haskin inquired if the documents were in place to ensure the City would have the easements without having to negotiate for them after the agreement was executed. Mr. Doug Rademaker, Engineering Department Director, stated that staff and Law Department were preparing those documents which would be executed at the time of closing. He added that the secondary easement adjacent to the lake was not guaranteed as the developer did not know how they were going to fully develop the property and were unwilling to give the City a guarantee on the easement at this time. He further stated that the appropriate position of the City would be to get an agreement with the developer to obtain the easement once they had done a final alignment of their lake frontage. Council Member Davis made a motion, seconded by Mayor Pro to pore McCloud, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 13 of 20 PZ-2512 There was presented Mayor and Council Communication No. PZ- Ord. #15758 2512 from the City Manager recommending that the City Council Road Vacation adopt Ordinance No. 15758 vacating and extinguishing a portion of (VA-03-026) the south access road to Camp Bowie Boulevard as situated in the H. Covington Survey, Abstract No. 256, and adjacent to Lot B, Block 11, Ridglea Hills Addition, Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. C-19855 There was presented Mayor and Council Communication No. C- MedAlert 19855 from the City Manager recommending that the City Council Industrial authorize the City Manager to execute a contract with MedAlert Health, Inc. Industrial Health, Inc. as the medical provider for occupational health and safety services beginning February 1, 2004, through January 31, 2005, with four one-year options to renew. It was the consensus of the City Council that the recommendation be adopted. C-19856 There was presented Mayor and Council Communication No. C- Cotton Depot 19856 from the City Manager recommending that the City Council Associates, L.P. consent to the assignment by Cotton Depot, LLC of its rights, duties and obligations under its Tax Abatement Agreement, City Secretary Contract No. 26341, as amended, to Cotton Depot Associates, L.P.; and authorize the City Manager to execute a Consent to Assignment Agreement with Cotton Depot Associates, L.P. It was the consensus of the City Council that the recommendation be adopted. C-19857 There was presented Mayor and Council Communication No. C- Amend CSC 19857 from the City Manager recommending that the City Council #28493, Harrell authorize the City Manager to execute an amendment to City Galway Secretary Contract No. 28493, an Economic Development Program Associates, Agreement with Harrell Galway Associates, L.L.C. regarding L.L.C. redevelopment of the Ramada Plaza Hotel. It was the consensus of the City Council that the recommendation be adopted. C-19858 There was presented Mayor and Council Communication No. C- City of Mansfield 19858 from the City Manager recommending that the City Council approve an Interlocal Agreement between the City of Fort Worth and the City of Mansfield to ensure secure network connections for jail operations. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 14 of 20 Public Hearing It appeared that the City Council set today as the date for a public hearing to submit an amendment application to the Department of Housing and Urban Development for expanded use of Section 108 funds for the Heritage Center Project (Evans and Rosedale Business and Cultural District) and authorize the expanded use of funds. Mayor Moncrief asked if there was anyone present desiring to be heard. Ms. Deidra Emerson, representing Grants Management, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. C-19859, as follows: C-19859 There was presented Mayor and Council Communication No. C- Amend 19859 from the City Manager recommending that the City Council Application and authorize the City Manager to submit an amended application and Contract to contract to the U.S. Department of Housing and Urban Department of Development (HUD) seeking approval on the modified and Housing and expanded use of Section 108 funds dedicated to the Evans and Urban Rosedale Business and Cultural District project; and if approved Development by HUD, modify and expand the use of Section 1081EDI funds dedicated to the Evans and Rosedale Business and Cultural District Project subject to City Council review of the financing plan for the use of Section 108 funds. Shirley Lewis Ms. Shirley Lewis, 906 E. Lueda, Executive Director of Near Southeast Development Corporation, appeared before Council in support of this issue. Mayor Pro tempore McCloud acknowledged Ms. Lewis' involvement in the community and the efforts of Mr. Robert Sturns from Economic and Community Development. There being no one else present desiring to be heard in connection with the public hearing to submit an amendment application to the Department of Housing and Urban Development for expanded use of Section 108 funds for the Heritage Center Project (Evans and Rosedale Business and Cultural District) and authorize the expanded use of funds, Mayor Pro tern ore McCloud made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. C- 19859 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 15 of 20 C-19860 There was presented Mayor and Council Communication No. C- Johnson 19860 from the City Manager recommending that the City Council Controls, Inc. authorize the City Manager to execute a contract with Johnson Controls, Inc. to provide consulting services to procure utility incentive rebates for work installed under current City of Fort Worth Performance Contract at the City's Municipal Complex (City Hall, Public Safety Building, and City Hall Annex) and the Fort Worth Meacham International Airport terminal building for actual expenses not to exceed $45,000.00. Council Member Haskin made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-19861 There was presented Mayor and Council Communication No. C- Ord. #15759 19861 from the City Manager recommending that the City Council: Fee Increases for Police 1. Authorize the City Manager to execute contracts for police Department initiated towing services with those firms desiring to enter Contract into the same and meeting the contract requirements for the Wreckers period of nine months for Fiscal year 2003-2004, with four one-year options to renew; and 2. Adopt Supplemental Appropriation Ordinance No. 15759 increasing estimated receipts and appropriations in the General Fund in the amount of $340,526-00 from available funds, for the purpose of funding fee increases for Police Department contract wreckers; and 3. Adopt a fee schedule of $135.00 for police initiated towing services by wrecker companies using a standard wrecker or a car carrier, and $216.00 for police initiated towing services using a tandem wrecker. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. C-19862 There w was presented Mayor and Council Communication No. C- urable 19862 from the City Manager recommending that the City Council Specialties, Inc. authorize the City Manager to execute a contract with Durable Specialties, Inc. in the amount of $248,700.00 for the construction of new traffic signals at the intersections of Trinity Boulevard/ Greenbelt Road, Boat Club Road/Robertson Road, Boat Club Road/ Eagle Ranch Boulevard, Highway 170 North/Alta Vista Road, and Highway 170 South/Alta Vista Road (Project Now TPW-TE-2003- CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 16 of 20 00016; and approved the reallocation of $350,000.00 of critical capital project funds for sidewalk improvements to the traffic signal funds to cover the cost of these signal projects. The Capital Improvements and Infrastructure Committee supports the transfer of sidewalk funds to cover the cost of these signal projects. Council Member Haskin made a motion, seconded by Council Member Stevenson, that the recommendation be adopted. The motion carried unanimously. C-19863 There was presented Mayor and Council Communication No. C- Texas 19863 from the City Manager recommending that the City Council Department of authorize the City Manager to execute the Advance Funding Transportation Agreement with the Texas Department of Transportation for the installation of traffic signals on the east and westbound frontage roads of SH170 and Alta Vista Drive. Council Member Haskin made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19864 There was presented Mayor and Council Communication No. C- Ridglea Place, 19864 from the City Manager recommending that the City Council LP approve a five-year Municipal Property Tax Abatement for each of 55 Real properties owned by Ridglea Place, LP and located in the Ridglea Village/Como Neighborhood Empowerment Zone (NEZ) for the development of townhomes; and find that the statements set forth in the recitals of the Tax Abatement Agreement with Ridglea Place, LP are true and correct; and authorize the City Manager to enter into a separate Tax Abatement Agreement with Ridglea Place, LP for each of the properties in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Louis Bell and Mr. Louis Bell, 5049 Wilmington Drive, representing Como Joyce Grant Neighborhood Association and Ms. Joyce Grant, 5210 Libbey Avenue, appeared before Council in opposition of the tax abatement. They stated that the developer had not adequately addressed their concerns and that minority businesses would not be utilized during the construction process, They requested Council delay action for this issue until after the neighborhood association met with the developer December 4, 2003. Kyle Lovelady, Mr. Kyle Lovelady, 4809 Cole Avenue Suite 345, Dallas, Texas, Breft appeared before Council in support of the tax abatement. He Bruchmiller stated that they were an equal opportunity homebuilder and had over 50 percent of their signed commitments were to Fort Worth builders for this development. He further stated that the structures would be tow homes, fee simple with a five-year tax abatement, CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER '18, 2003 PAGE 17 of 20 Mr. Brett Bruchmiller, 4809 Cole Avenue Suite 345, Dallas, Texas, appeared before Council in support of the tax abatement. He stated that a delay would create a financial burden, as they were deep into the development process. He stated that they would be present at the December 4, 2003 neighborhood association meeting and address concerns of the residents. Council Member Stevenson suggested that City Manager Jackson provide a review of the neighborhood empowerment zone (NEZ) policies to Council. City Manager Jackson stated that staff would be prepared to review NEZ policies and facilitate a discussion on Minority and Women's Business Enterprise participation. Mayor Pro tempore McCloud requested that a report be provided to Council relative to items discussed at the Como Neighborhood Association meeting December 4, 2003. Council Member Stevenson stated that he would attend the meeting and provide a report to Council. After a lengthy discussion amongst Council and City staff Council Member Stevenson made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for the City Initiated second 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 be closed. 170 & West of Alta Vista Road There being no one else present desiring to be heard in connection AX-03-0011 with second public 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 CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 18 of 20 (Annexation Case No. AX-03-0011), Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed. The motion carried unanimously. Citizen Ms. Madelyn Gibbs, 4601 Foxfire Way, President, Fort Worth Presentations League of Neighborhoods, appeared before Council and invited Madelyn Gibbs them to the first-ever Neighborhood Awards Luncheon, December 6, 2003. She added that she hoped the Council would set strong policies to have developers and neighborhoods work together. Steve Hunt Mr. Steve Hunt, 1015 S. Jennings #1015, appeared before Council relative to the war in Iraq. Jason Smith Mr. Jason Smith, 2257 College Avenue, appeared before Council and asked for their support of the Dog Park Pilot Program that would be presented to Council December 2, 2003. Ernest Cary Mr. Ernest Cary, 1005 Schieffer Avenue, appeared before Council and asked that a taxicab stand be placed near Bass Hall. He also inquired why 1999 vehicles could no longer be used as taxis. Mayor Moncrief asked Mr. Cary to provide his contact information and staff would contact him on this issue. Edward Drew Mr. Edward Drew, 3900 Barnett St., appeared before Council relative to his business, Universal. Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:12 pm. 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) City of Fort Worth v. Sati Investment LLC, Cause No. 153-197733-03; b) John R. Ornelas v. City of Fort Worth, Cause No. 342- 192265-02; CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 19 of 20 c) 1. V. Haley v. City of Fort Worth, Cause No. 141-192264- 02 pertinent information from City Council Agenda; d) Harold Rich v. City of Fort Worth, et al, Cause No. 236- 183638-00; e) City of Fort Worth v. Michael Lindstrom, et al, Cause No. 2001-2790-1; Kim Polonczyk v. City of Fort Worth, et al, Civil Action No. 4:03-CV-0043-Y; g) Legal issues concerning tax increment financing districts; h) Legal issues concerning Texas Local Government Code Chapter 54 lawsuits filed by the City; i) Legal issues concerning solid waste collection, disposal, and recycling contracts; j) 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 and discuss proposals for a Convention Center Hotel and other 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 1:35 p.m. with six members present. Mayor Moncrief and Council Members Lane and Silcox were absent. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 18, 2003 PAGE 20 of 20 L-13700 There was presented Mayor and Council Communication No. L- Lease 13700 from the City Manager recommending that the City Council Agreement authorize the City Manager to execute a 50-year lease agreement with the National Cowgirl Museum and Hall of Fame, Inc., to include additional land located in the Cultural District. Council Member Davis made a motion, seconded by Council Member Haskin, that Mayor and Council Communication No. L-13700 be adopted. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 1:361p.m. 4L CIT"ECRETARY MAYOR