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HomeMy WebLinkAbout2002/11/05-Minutes-City Council CITY COUNCIL MEETING NOVEMBER 5, 2002 Date & Time On the 5t" day of November, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 7:10 p.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members Jim Lane, Chuck Silcox, Becky Haskin, Frank Moss, Clyde Picht, Jeff Wentworth, and Wendy Davis; City Manager Gary Jackson; City Attorney David Yett; City Secretary Gloria Pearson. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Mr. Estrus Tucker, Liberation Community Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Silcox, seconded by Council Member Haskin, the minutes of the regular meeting of October 29, 2002, were approved unanimously. Special Council Member Davis presented a Certificate of Recognition to Mr. Presentations Jeff King for his service on the City Zoning Commission and the Fort Worth Alliance Airport Zoning Commission. Council Member Lane presented a Certificate of Recognition to Mr. Edward Sandoval for his service on the Disciplinary Appeals Board. Announcements Mayor Barr announced that the Youth Town Hall meeting would be held November 16, 2002, from 10:00 a.m. to 1:30 p.m. He stated that this would allow teenagers an opportunity to express their opinions of City government and encouraged teens to attend. Withdrawn from City Manager Jackson requested that Mayor and Council Consent Agenda Communication No. P-9704 be withdrawn from the consent agenda. Continued/ City Manager Jackson requested that Mayor and Council Withdrawn By Communication Nos. G-13730A and P-9704 be continued until Staff November 19, 2002. Consent Agenda On motion of Council Member Silcox, seconded by Council Member Wentworth, the consent agenda, as amended, was adopted unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 2of21 Appointments Council Member Davis made a motion, seconded by Council Member Wentworth, that Allison Thompson be appointed to the Fort Worth Commission on the Status of Women, effective November 5, 2002, and with a term expiring October 1, 2003. The motion carried unanimously. It appeared that the City Council, at its meeting of October 29, Res. #2885 2002, continued consideration of a resolution appointing members Appoint of the Fort Worth Transportation Authority Executive Committee. Members of FW Council Member Silcox made a motion, seconded by Council Transportation Member Davis, that Resolution No. 2885 be adopted, appointing the Authority following persons: Executive Committee Gyna Bivens-Mathis Eduardo (Ed) Canas Glenn Forbes Greg Hughes Gary W. Havener Cary Jennings William (Bill) T. Leonard Richard Spraberry Council Member Haskin made a substitute motion, seconded by Council Member Picht, to adopt the resolution without the proposed appointment of District 4 representative Cary Jennings. The motion carried by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Picht, and Davis NOES: Mayor Barr; Council Members Silcox and Wentworth ABSENT: None OCS-1315 There was presented Mayor and Council Communication No. OCS- Claims 1315 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. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 3of21 G-13730 It was the consensus of the City Council that Mayor and Council Amended Communication No. G-13730 Amended, dated September 10, 2002, Continued Until Amendment of Ordinance No. 13543, as Amended by Ordinance November 19, Nos. 13672, 13673, 13674, and 13842 Codified as Chapter 2, Article 2002 VI, Division 1, Entitled "Employees' Retirement Fund" of the Code of the City of Fort Worth, to Establish a Deferred Retirement Option Program and to Provide Members with an Opportunity to Purchase Credited Service by Paying the Actuarial Cost for a Buy-Up Option, be continued until November 19, 2002. G-13788 There was presented Mayor and Council Communication No. G- Ord. #15316 13788 from the City Manager recommending that the City Council Repeal Ord. adopt Ordinance No. 15316 repealing Ordinance No. 14827 and #14827 Vacating vacating Winthrop Avenue, dedicated by plat of Ridglea Sunset Drive & Apartments Addition, and Ridgeway Manors No. 3 Addition, as Winthrop approved by the City Plan Commission on January 26, 2000; Avenue providing for reversion of fee in said land that is vacated; repealing all ordinances in conflict herewith. It was the consensus of the City Council that the recommendation be adopted. G-13789 There was presented Mayor and Council Communication No. G- Fee Waiver 13789 from the City Manager recommending that the City Council Request to consider a waiver of the $500.00 fee associated with an application Change Street to change the name of Vanderzyl Road to Louis Scoma Road. It Name from was the consensus of the City Council that the recommendation be Vanderzyl Road adopted. to Louis Scoma Road G-13790 There was presented Mayor and Council Communication No. G- Renewal of 13790 from the City Manager recommending that the City Council Airport Liability authorize the City Manager to exercise the first of three Insurance with consecutive one-year renewal options from Key and Piskuran Key & Piskuran Insurance Agency for airport liability insurance. The FY2003 Insurance premium cost is $32,340.00. It was the consensus of the City Agency Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing for a request for variance from Section 4-4 of the City Code to allow the sale of alcoholic beverages at 1800 Evans Avenue. Mayor Barr asked if there was anyone present desiring to be heard. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 4 of 21 Mayor Pro tempore McCloud advised Council that this item was previously withdrawn without prejudice October 15, 2002. He added that the applicant thought that he had worked out a plan to ensure compliance with the 300-foot distance rule but it was not possible to do so, and was therefore withdrawing his request for the variance. Nehemiah Davis Reverend Nehemiah Davis, 1801 Evans Avenue, appeared before City Council and requested those members in the audience who were there in opposition to the variance stand. He expressed appreciation to the applicant for withdrawing his request and stated that he understood the need for economic development and suggested that consideration be given to locating a quality restaurant or a hotel in the area. G-13791 There was presented Mayor and Council Communication No. G- Variance from 13791 from the City Manager recommending that the City Council Section 4-4 of approve the request from Mr. Bill J. Hadley for a variance from City Code Section 4-4 of the City Code prohibiting the sale of alcoholic Prohibiting Sale beverages within 300 feet of a church at 1800 Evans Avenue. of Alcoholic Beverages at There being no one else present desiring to be heard in connection 1800 Evans with the request of variance form Section 4-4 of the City Code to Avenue allow sale of alcoholic beverages at 1800 Evans Avenue, Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the public hearing be closed and that Mayor and Council Communication No. G-13791 be withdrawn. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public hearing and adoption of an ordinance reducing the boundary of Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas (Downtown TIF). Mayor Barr asked if there was anyone present desiring to be heard. Mrs. Ardina Washington, representing the Economic Development Department, appeared before Council, gave a staff report, and relinquished the floor to Assistant City Attorney Peter Vaky who advised Council of an amendment to Section 6 Tax Increment Fund of the ordinance, stating that the first line should read "That beginning with the 2002 tax year, each taxing unit which levies real property taxes on the Property shall be relieved of any obligation to deposit the percentage of any tax increment (as defined by Section 311.012(a) of the Code) produced by the Property that the CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 5of21 taxing entity elected to dedicate the Tax Increment Fund (created and established for the Zone pursuant to Section 7 of Ordinance No. 12324) ("TIF Fund") under a participation agreement with the City, as authorized by Section 311.013(f) of the Code" and delete the remainder of the paragraph. He called attention to Mayor and Council Communication No. G-13792, as follows: G-13792 There was presented Mayor and Council Communication No. G- Ord. #15317 13792 from the City Manager recommending that the City Council: Reduce Boundary of Tax 1. Hold a public hearing concerning the reduction of the Increment boundary of Tax Increment Reinvestment Zone Number Reinvestment Three, City of Fort Worth, Texas (Downtown TIF) as Zone #3 specifically provided in the ordinance; and (Downtown TIF) 2. Adopt Ordinance No. 15317 reducing the boundaries of Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas. There being no one else present desiring to be heard in connection with the public hearing and adoption of an ordinance reducing the boundary of Tax Increment Reinvestment Zone Number Three, City of Fort Worth, Texas (Downtown TIF), Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and Mayor and Council Communication No. G-13792 be adopted, as amended. The motion carried unanimously. G-13793 There was presented Mayor and Council Communication No. G- Appoint Jesse 13793 from the City Manager recommending that the City Council Zamarripa to confirm the appointment of Jesse Zamarripa as a member of the Firefighters' & Firefighters' and Police Officers' Civil Service Commission to fill Police Officers' the unexpired term of former member Francisco Hernandez, Jr. Civil Service Council Member Silcox made a motion, seconded by Council Commission Member Wentworth, that the recommendation be adopted. The motion carried unanimously. G-13794 There was presented Mayor and Council Communication No. G- Ord. #15318 13794 from the City Manager recommending that the City Council Donation for authorize the City Manager to accept a donation of $10,000.00 to Police Dogs purchase two police service dogs; and adopt Appropriation Ordinance No. 15318 increasing estimated receipts and appropriations in the Special Trust Fund in the amount of $10,000.00 from available funds, for the purpose of funding two CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 6of21 police service dogs. Council Member Silcox made a motion, seconded by Council Member Lane, that the recommendation be adopted. The motion carried unanimously. Council Member Silcox expressed appreciation to the generous anonymous donor of $10,000.00 for the purchase of two police service dogs for the Police Department. He further stated that such a service really shows the commitment of the citizens of Fort Worth. G-13795 There was presented Mayor and Council Communication No. G- Amend City 13795 from the City Manager recommending that the City Council Council Single- approve the amendment to the single-member redistricting plan Member approved by the City Council on August 13, 2002, which makes Redistricting three minor changes to unpopulated census blocks requested by Plan the Tarrant County Elections Administrator. Council Member Silcox made a motion, seconded by Council Member Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. G-13796 There was presented Mayor and Council Communication No. G- Ord. #15319 13796 from the City Manager recommending that the City Council Amend City adopt Ordinance No. 15319 amending Section 2 through Section 9 Council Single- of Ordinance No. 7323, as amended, by redefining the Boundaries Member District of the City Council single-member districts. Mayor Pro tempore Plan McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. P-9704 It was the consensus of the City Council that Mayor and Council Continued for Communication No. P-9704, Purchase Agreement with Multiple Two Weeks Vendors for Film and Film Processing for the City of Fort Worth, be continued for two weeks. P-9705 There was presented Mayor and Council Communication No. P- Rescind 9705 from the City Manager recommending that the City Council Purchase rescind the purchase agreement with ATS International to provide Agreement for pipe and concrete saw blades; and authorize the rebid for pipe and Pipe & Concrete concrete saw blades. Council Member Silcox made a motion, Saw Blades seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 7of21 P-9706 There was presented Mayor and Council Communication No. P- First Aid Kits, 9706 from the City Manager recommending that the City Council: First Aid 1. Authorize a purchase agreement with multiple vendors for Supplies, Reject first aid kits and first aid supplies for the City of Fort Worth Bids for Some based on the overall low bids meeting specifications with First Aid payment due 30 days from receipt of the invoice, freight cost Supplies & Nitrile Gloves included; and and Authorize Bidder Item No. Commoditv Rebid for Nitrile Specialty Products 1 First Aid Kits Gloves Xpect First Aid 11 Earplugs 2. Authorize a purchase agreement with Vallen Safety Supply for first aid supplies for the City of Fort Worth based on the best value with payment due 30 days from receipt of the invoice, freight cost included; and Item No. Commodity 4 Antiseptic Hand Cleaner Soap 12 Sterile Eye Wash Solution 13 Sterile Plastic Eye Cups 14 Sun Block Lotion, SPF-30 15 Plastic Strip Sterile Bandages 3. Authorize the rejection of bids received for Item No. 2, nitrile gloves, and approve the issuance of a new Invitation to Bid; and 4. Authorize the rejection of bids received for the following first aid supplies; and Item No. Commoditv 3 Iodine Antiseptic Solution 5 Isopropyl Rubbing Alcohol 6 First Aid Cream 7 Medicated Hand Cream 8 Instant Cold Packs 9 Ammonia Inhalant 10 PVP Iodine Wipe Pads 5. Authorize the agreements to begin November 5, 2002, and expire November 4, 2003, with options to renew for two successive one-year periods. Mayor Pro tempore McCloud made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 8of21 L-13439 There was presented Mayor and Council Communication No. L- Sale of Right-of- 13439 from the City Manager recommending that the City Council Way for IH-30 approve the sale of right-of-way of one parcel described as Lot 2, Improvement Block 4, Bridgewood Village Addition (6400 Bridge Street), Tarrant Project County, Texas, to the Texas Department of Transportation for the construction of a ramp at Bridge Street for the IH-30 Improvement Project. It was the consensus of the City Council that the recommendation be adopted. L-13440 There was presented Mayor and Council Communication No. L- Waterline 13440 from the City Manager recommending that the City Council Easements approve the acceptance of two waterline easements described as A-1497, Benjamin Thomas Survey, Tarrant County, Texas, located south of Bonds Ranch Road and along Business US Highway 287 from Chapel Hill Venture, LLP and Larry D. and Celia Crist for the Chapel Hill offsite project (DOE 3733) for a total cost of $2.00. It was the consensus of the City Council that the recommendation be adopted. L-13441 There was presented Mayor and Council Communication No. L- Lease 13441 from the City Manager recommending that the City Council Agreement for authorize the City Manager to execute a lease agreement with Property Shannon Fauver, Stacey Sands and Robert Doty (DOE 0668) for the Located at 895 property located at 895 Harmon Road for a cost of $900.00 per Harmon Road month; and authorize this agreement to begin December 1, 2002, and expire November 30, 2003, with options to renew the lease for two one-year periods with the provision that the City may terminate this lease at the conclusion of each term. It was the consensus of the City Council that the recommendation be adopted. L-13442 There was presented Mayor and Council Communication No. L- Permanent 13442 from the City Manager recommending that the City Council Sanitary Sewer approve the acceptance of one permanent sanitary sewer Easement easement described as a portion of Eli Shriver Survey, Abstract No. 1455, from Hillwood Alliance Residential, L.P., a Texas Limited Partnership, for property located south of Heritage Trace Parkway and east of Trace Ridge Parkway (DOE 3816) necessary for the construction, operation, maintenance and repair of a sanitary sewer line, for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13443 There was presented Mayor and Council Communication No. L- Lease Office 13443 from the City Manager recommending that the City Council Space at FW authorize the City Manager to execute an annual Terminal Building Meacham Office Lease Agreement with Delta Aeronautics, Inc. for 2,417 Airport square feet of office space on the first floor of the Terminal CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 9of21 Building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13444 There was presented Mayor and Council Communication No. L- Lease T-Hangar 13444 from the City Manager recommending that the City Council Units 19S-9 & authorize the City Manager to execute a T-Hangar Lease 19S-10 at FW Agreement with Delta Aeronautics, Inc. for T-Hangar Unit 19S-9 and Meacham T-Hangar Unit 19S-10 at Fort Worth Meacham International Airport. Airport It was the consensus of the City Council that the recommendation be adopted. PZ-2417 There was presented Mayor and Council Communication No. PZ- Denied 2417, dated October 1, 2002, from the City Manager recommending Limited Purpose that the City Council adopt an ordinance declaring certain findings; Annexation of providing for the limited purpose annexation of a certain 214.75 214.75 Acres in acres (.335 square miles) of land, more or less, situated in the J. J. Burleson Burleson Survey, Abstract No. 78, and the W. Houston Survey, Survey & the W. Abstract No. 719 (Linkwood Estates), situated about 11 '/2 miles Houston Survey south, 77 degrees west from the courthouse in Tarrant County, (Linkwood Texas, being on the waters of the south fork of Mary's Creek (Case Estates) No. AX-02-0005) which territory lies contiguous to the present AX-02-0005 corporate boundary limits of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith, and adopting a regulatory plan for the area. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be denied and that staff be directed to bring forward an M&C to remove Linkwood Estates from the annexation plan. Assistant City Attorney Olson appeared and explained that if this was denied, that once removed from the plan, Council would have to wait four years before once again considering this area for annexation. Jack Jefferson Mr. Jack Jefferson, 3924 Linkcrest Drive, appeared before the City Council and expressed appreciation for Council's consideration to deny the annexation of Linkwood Estates for limited purposes. Mr. Dale Fisseler, Water Department Director, appeared and advised Council that a productive meeting with Aqua Source had taken place, but stated that the issue of fire protection situation needed to be addressed. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 10 of 21 PZ-2418 There was presented Mayor and Council Communication No. PZ- Denied 2418, dated October 1, 2002, from the City Manager recommending Limited Purpose that the City Council adopt an ordinance declaring certain findings; Annexation of providing for the limited purpose annexation of a certain 198.25 198.25 Acres in acres (.31 square miles) of land, more or less, in the S.H. Pettit S.H. Pettit Survey, Abstract No. 1234, situated about 11 '/2 miles south, 77 Survey (El degrees west from the courthouse in Tarrant County, Texas, being Rancho Estates) all of El Rancho Estates, and the right-of-ways as shown on the AX-02-0006 plat thereof, and being on the waters of the south fork of Mary's Creek (Case No. AX-02-0006) which territory lies contiguous to the present corporate boundary limits of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith, and adopting a regulatory plan for the area. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be denied and that staff be directed bring forward an M&C to remove El Rancho Estates from the annexation plan. Phillip Hallman Mr. Phillip Hallman, 539 Diamond Bar Tr., Aledo Texas, appeared before the City Council and expressed appreciation for the decision to take El Rancho Estates out of the annexation plan and stated that this was good for El Rancho Estates. The motion carried unanimously. PZ-2432 There was presented Mayor and Council Communication No. PZ- Institution of 2432 from the City Manager recommending that the City Council Annexation for institute the annexation for limited purposes of 178 acres in the Limited Alexander Crane Harris and Brooks, S. E. Merrell and, J. N. Reed, Purposes of surveys, and 1,060 acres in the W. E. Boswell, D. McCarty, J. A. 1,238 Acres McNutt, I. Reed, J. N. Reed, J. Simmons, B. Thomas, and G. T. Located North & Walters Surveys located north and east of Boat Club Road and East of Boat south of Bonds Ranch (Eagle Mountain 8W and 10); and direct City Club Road & staff to schedule consideration of adoption of limited purpose South of Bonds annexation ordinance at the regular City Council meeting on Ranch (Eagle December 3, 2002. Council Member Wentworth made a motion, Mountain 8W & seconded by Council Member Davis, that the recommendation be 10) AX-02-0008 adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Wentworth, and Davis NOES: Council Members Silcox and Picht ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 11 of 21 PZ-2433 There was presented Mayor and Council Communication No. PZ- Institution of 2433 from the City Manager recommending that the City Council Annexation for institute the annexation for limited purposes of approximately Limited 7,744 acres located west of IH35 and north and south of U.S. Purposes of Highway 287 (287 Zone); and direct City Staff to schedule 7,744 Acres consideration of adoption of the limited purpose annexation Located West of ordinance at the regular City Council meeting on December 3, IH35 & North & 2002. South of US Highway 287 (287 Zone) AX-02-0009 Nancy Terrell Ms. Nancy Terrell, 5808 Azteca, appeared before Council and expressed opposition to forced annexation. She thanked Mr. Bob Riley, Development Department Director, for setting up the meeting next Wednesday with the small business owners in the original Hicks Airfield area. She requested that consideration be given to omitting this area as had been done in the previous cases. Mayor Barr advised the audience that this was only instituting the annexation and not the final vote on whether the property would or wouldn't be annexed. Mr. Riley appeared and stated that the meeting would be held at the Summerglen Library for approximately 26 property owners. He added that they would address life-safety issues relative to issuance of a Certificates of Occupancy. He concluded his remarks stating that staff would provide a report to Council relative to the properties' compliance with City codes after their inspection. Assistant City Attorney Marcella Olson advised Council that, since the time of the City Council meeting of December 3rd had been changed from 7:00 p.m. to 10:00 a.m., Council may want to amend the timetable to set the consideration for adoption on December 10, 2002, at 7:00 p.m. Council Member Wentworth made a motion, seconded by Council Member Moss, that the recommendation be adopted and that the timetable be amended to consider adoption of the ordinance on December 10, 2002. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 12 of 21 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Wentworth, and Davis NOES: Council Members Silcox and Picht ABSENT: None Reconsideration Council Member Davis made a motion, seconded by Mayor Pro of PZ-2432 tempore McCloud, that Mayor and Council Communication No. PZ- 2432 be reconsidered to amend the timetable to set the consideration of the ordinance's adoption on December 10, 2002. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Wentworth, and Davis NOES: Council Members Silcox and Picht ABSENT: None Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that consideration of the ordinance's adoption be set for December 10, 2002. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Moss, Wentworth, and Davis NOES: Council Members Silcox and Picht ABSENT: None C-19326 There was presented Mayor and Council Communication No. C- Ord. #15320 19326, dated October 29, 2002, from the City Manager Ord. #15321 recommending that the City Council: Ord. #15322 TxDOT & BNSF 1. Authorize the City Manager to enter into an agreement with the Texas Department of Transportation (TxDOT) and Burlington Northern Santa Fe Railroad (BNSF) to close the railroad crossing on East Fourth Street to vehicular and pedestrian traffic in which TxDOT would pay the City up to $7,500.00 for the necessary improvements for the closure; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 13 of 21 2. Authorize the City Manager to enter into a Real Estate Donation Contract with BNSF for a .0276 acre tract on the corner of Elm Street and East Fourth Street to be donated to the City as dedicated park land; and 3. Authorize the City Manager to accept a $32,500.00 donation from BNSF in consideration of the closure of the railroad crossing to be used for the installation of a fence along 500 feet of the railroad tracks, park design and development, and closure of the railroad crossing; and 4. Adopt Ordinance No. 15320 vacating a portion of the 400 block of East Fourth Street, located in the M. Baugh Survey, Abstract No. 106, Tarrant County, Texas; and 5. Adopt Ordinance No. 15321 vacating a portion of the 500 block of Terry Street, east of Lot 2R, Block 89 of the Original Town of Fort Worth and part of the M. Baugh Survey, Abstract No. 106, Tarrant County, Texas; and 6. Adopt Appropriation Ordinance No. 15322 increasing estimated receipts and appropriations in the Parks and Community Services Improvements Fund in the amount of $40,000.00 from available funds for the purpose of funding the closure of the railroad crossing at East Fourth Street and Terry Street. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-19327 There was presented Mayor and Council Communication No. C- NHS & Sininian 19327 from the City Manager recommending that the City Council: Development, Inc. 1. Authorize the reallocation and use of $312,000.00 for Community Housing Development Organizations (CHDOs) under the federal Home Investment Partnerships Program (HOME) Year 2002; and 2. Authorize the City Manager to execute contracts, not to exceed a combined total of $312,000.00 in Fiscal Year 2002 HOME funds, with the following CHDOs to implement their respective projects in the amounts of: CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 14 of 21 a) $262,000.00 to Neighborhood Housing Services of Fort Worth and Tarrant County, Inc. (NHS) for construction of single family infill housing comprised of the following: • $212,000.00 in CHDO Program Funds • $50,000.00 in CHDO Support Funds to assist the organization with payment of operating costs; and b) $50,000.00 to Sininian Development, Inc. in CHDO Support Funds to assist the organization with payment of operating costs; and 3. Authorize the NHS to retain the proceeds as defined by Section 92.300(a)(2) of the HOME program and in conformance with City policy; and 4. Authorize the contract performance period on both contracts to begin on the date of contract execution and end twelve months thereafter; and 5. Authorize the City Manager to extend or renew the contracts for up to one year, if the organization requests an extension; and 6. Authorize the City Manager to amend the contracts, if necessary, to achieve project goals provided that any such amendment is within the scope of the project and in compliance with applicable laws and regulations. It was the consensus of the City Council that the recommendation be adopted. C-19328 There was presented Mayor and Council Communication No. C- 6-BBQ, Inc. 19328 from the City Manager recommending that the City Council authorize the City Manager to enter into a standard consent agreement with 6-BBQ, Inc. authorizing use of the right-of-way for the installation of various encroachments for a restaurant at 300 Main Street. The standard consent agreement provides that any future contractual assignments (to a third party) be approved by the City Manager or designated Assistant City Manager. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 15 of 21 C-19329 There was presented Mayor and Council Communication No. C- Ord. #15323 19329 from the City Manager recommending that the City Council: Stabile & Winn, Inc. 1. Authorize the transfer of $110,124.00 from the Water and Sewer Operating Fund to the Water Capital Project Fund in the amount of $90,513.00, and the Sewer Capital Project Fund in the amount of$19,611.00; and 2. Adopt Appropriation Ordinance No. 15323 increasing estimated receipts and appropriations in the Water Capital Project Fund in the amount of $90,513.00 and the Sewer Capital Project Fund in the amount of $19,611.00 from available funds for the purpose of funding an award of contract to Stabile & Winn, Inc. for reconstruction of Curzon Avenue (Halloran Street to Faron Street) and Littlepage Street (Kilpatrick Avenue to Fletcher Avenue); and 3. Authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $372,136.25, for the reconstruction of Curzon Avenue (Halloran Street to Faron Street) and Littlepage Street (Kilpatrick Avenue to Fletcher Avenue). It was the consensus of the City Council that the recommendation be adopted. C-19330 There was presented Mayor and Council Communication No. C- Stabile & Winn, 19330 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute a contract with Stabile & Winn, Inc., in the amount of $764,736.85, for Polytechnic Heights Educational Corridor Street Reconstruction, Phase Two: Avenue A, Avenue C, Avenue E, Conner Avenue, McKenzie Street and Thrall Street. It was the consensus of the City Council that the recommendation be adopted. C-19331 There was presented Mayor and Council Communication No. C- William J. 19331 from the City Manager recommending that the City Council Schultz, Inc. authorize the City Manager to execute a contract with William J. d/b/a Circle "C" Schultz, Inc. d/b/a Circle "C" Construction Company in the amount Construction of $346,350.00 for Main C1C4B Drainage Area Sanitary Sewer System Rehabilitation and Improvements (Group 6, Contract 2) Part 15, Sections A and B. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 16 of 21 C-19332 There was presented Mayor and Council Communication No. C- Boys & Girls 19332 from the City Manager recommending that the City Council Clubs of Greater authorize the City Manager to execute a contract with the Boys and Fort Worth Girls Clubs of Greater Fort Worth to continue operation of the Safe Haven Program in the amount of $262,810.00; and authorize this contract to begin October 1, 2002, and expire September 30, 2003. It was the consensus of the City Council that the recommendation be adopted. C-19333 There was presented Mayor and Council Communication No. C- University of 19333 from the City Manager recommending that the City Council: North Texas Health Science 1. Authorize the City Manager to extend the lease agreement Center of Fort with the University of North Texas Health Science Center of Worth Fort Worth for 90 days beginning October 1, 2002, and expiring December 31, 2002, for rental space to operate a medical clinic at the Northside Community Center; and 2. Authorize the City Manager to renew the agreement with the University of North Texas Health Science Center of Fort Worth to continue to operate a medical clinic at the Southside Community Center for three more years beginning December 1, 2002, and expiring November 30, 2005, with two 3-year options to renew. It was the consensus of the City Council that the recommendation be adopted. C-19334 There was presented Mayor and Council Communication No. C- Ord. #15324 19334 from the City Manager recommending that the City Council FWISD authorize the City Manager to enter into an agreement with the Fort Worth Independent School District (FWISD) for the After School Program at Como Elementary School; and adopt Appropriation Ordinance No. 15324 increasing estimated receipts and appropriations in the General Fund in the amount of $44,230.50 from available funds, for the purpose of funding the After School Program at Como Elementary School. Council Member Moss informed Council that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. Council Member Davis made a motion, seconded by Council Member Silcox, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 17 of 21 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: None NOT VOTING: Council Member Moss C-19335 There was presented Mayor and Council Communication No. C- Crowley & Keller 19335 from the City Manager recommending that the City Council ISDs authorize the City Manager to enter into supplemental agreements with the Crowley and Keller Independent School Districts (ISDs) to operate After School Programs at selected schools. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. Mayor Barr requested that City Secretary Pearson read all Mayor and Council Communications regarding Waste, Solid Waste, Recyclables, and Collection Services. He further advised that Council would hear citizen presentations relative to each of these items at this time and stated that it was his intension to vote on Mayor and Council Communication No. C-19340 first after the discussion. Paul Hicks The following individuals appeared before the City Council and Monnie Gilliam, expressed opposition to the use of carts and expressed concern Byron de Sousa, relative to the enforcement of City Codes, and the aesthetics of the Bob J. Crow, carts: Louis Cass, and Mr. Paul Hicks P. O. Box 331611 Mr. Monnie Gilliam 1100 Vicki Lane Dr. Byron de Sousa 7733 Blossom Drive Mr. Bob J. Crow 5829 Ridgerock Court Mr. Louis Cass P. O. Box 331295 Mike Mr. Mike Schwalbach, 4010 E. 26th Street, Los Angeles, CA, Schwalbach representing Rerhig Pacific, expressed concern regarding the bid selection process and stated that his company's bid was considerably lower than that of the selected vendor. He requested that his company be given favorable consideration. CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 18 of 21 Larry Boppe Mr. Larry Boppe, 841 Meacham Rd., Statesville, NC, appeared before Council and expressed appreciation for the selection of the carts offered by Toter, Inc., which would make the citizens of Fort Worth proud of their roll out carts. Steve Kellar Mr. Steve Kellar, 1121 Riverside Drive, appeared before Council and stated that Waste Management was very proud to continue the partnership with the City. C-19340 There was presented Mayor and Council Communication No. C- Waste 19340 from the City Manager recommending that the City Council: Management of Texas, Inc. 1. Authorize the City Manager to negotiate and execute a contract with Waste Management of Texas, Inc. for collection of residential garbage and refuse, recyclables, certain commercial solid waste, yard waste and large brush and large bulky waste; and 2. Authorize this contract to begin April 1, 2003, and expire March 31, 2013, with three ten-year renewal options. The estimated cost for FY2002-2003 is $15,364,459.00. The estimated value of this contract over the ten-year term is $189,608,855.00; and 3. Authorize the collection of residential garbage once per week in variable volume carts at an initial cost to the City of $7.79 per household; and 4. Authorize the collection of garbage twice per week in bags at an initial cost to the City of$8.46 per household. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted by deleting Recommendation No. 4. Council Member Silcox made a substitute motion, seconded by Council Member Picht, that Mayor and Council Communication No. C-19340 be adopted by deleting Recommendation No. 3. The substitute motion failed by the following vote: AYES: Mayor Pro tempore McCloud; Council Members Silcox, Moss, and Picht NOES: Mayor Barr; Council Members Lane, Haskin, Wentworth, and Davis ABSENT: None CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 19 of 21 The motion to adopt Mayor and Council Communication No. C- 19340 by deleting Recommendation No. 4 carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Lane, Haskin, Wentworth, and Davis NOES: Council Members Silcox, Moss, and Picht ABSENT: None Mr. Bryan Boerner, Director of Environmental Management, appeared and advised Council of the selection process and the quality of the cart offered by Toter, Inc. He further stated that a survey of citizens was conducted relative to cart selection and citizens preferred the cart design by Toter, Inc. C-19336 There was presented Mayor and Council Communication No. C- Toter, Inc. 19336 from the City Manager recommending that the City Council authorize the City Manager to negotiate and execute a contract with Toter, Inc. for the sale, delivery, maintenance and financing of recycling and garbage carts; and authorize this contract to begin November 1, 2002, and expire March 31, 2013; and authorize the City Manager to execute a contract with Bank of America for lease- purchase financing to fund this purchase, subject to negotiating a mutually acceptable lease-purchase agreement. Council Member Wentworth informed Council that he had filed a Conflict of Interest Affidavit with the City Secretary, and would abstain from voting. 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 Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Moss, Picht, and Davis NOES: Council Member Lane ABSENT: None NOT VOTING: Council Member Wentworth CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 20 of 21 C-19337 There was presented Mayor and Council Communication No. C- Abitibi 19337 from the City Manager recommending that the City Council Consolidated authorize the City Manager to negotiate and execute a contract with Abitibi Consolidated for single stream recyclables processing; and authorize this contract to begin April 1, 2003, and expire March 31, 2013, with three ten-year renewal options. Under the terms of this contract, the City will be obligated to pay processing fees of approximately $29.50 per ton, with the estimated cost of $678,000.00 in FY2002-2003. The fees owed will be offset by rebated revenues realized from the sale of the recyclables. It is anticipated that the rebated revenues will exceed the amount of the processing charges and provide the City with a positive cash flow on this contract of approximately $611,900.00 in the first year. The estimated value of the rebated revenues from this contract over the ten-year term is $9,260,391.00. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19338 There was presented Mayor and Council Communication No. C- Allied Waste 19338 from the City Manager recommending that the City Council: Systems, Inc. d/b/a Trinity 1. Authorize the City Manager to negotiate and execute a Waste Services contract with Allied Waste Systems, Inc. d/b/a Trinity Waste Services for transportation of bulk containers of waste and bulk containers of recyclables from the City's proposed convenience centers to disposal and processing facilities, respectively, and for transportation of waste and/or recyclables generated and placed in open top containers at special events in the City; and 2. Authorize this contract to begin April 1, 2003, and expire March 31, 2013, with three ten-year renewal options. The estimated cost of FY2002-2003 is $130,000.00. The estimated value of this contract over the ten-year term is $1,486,877.00. Mayor Pro tempore McCloud made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. C-19339 There was presented Mayor and Council Communication No. C- Independent 19339 from the City Manager recommending that the City Council Environmental authorize the City Manager to negotiate and execute a contract Services, Inc. with Independent Environmental Services, Inc. Texas Corporation Texas (IESI TX Corporation) for yard waste processing and Type IV, C & D Corporation (construction and demolition) waste processing and disposal; and CITY COUNCIL MEETING FORT WORTH, TEXAS NOVEMBER 5, 2002 PAGE 21 of 21 authorize this contract to begin April 1, 2003, and expire March 31, 2013, with three ten-year renewal options. The estimated cost for FY2002-2003 is $1,639,180.00. The estimated value of this contract over the ten-year term is $24,484,463.00. Council Member Haskin made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. ZC-01-1078 It appeared that the City Council, at its meeting of August 13, 2002, Continued Until continued the hearing of Zoning Docket No. ZC-01-1078, Text After Legislative Amendment requiring paving of driveways and parking areas in Session residential areas and regulating parking of oversized commercial vehicles and unlicensed vehicles in residential areas. Mayor Barr asked if there was anyone present desiring to be heard. There being no else present desiring to be heard in connection with the Text Amendment, Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that Zoning Docket No. ZC-01-1078 be continued until after the Legislative Session. The motion carried unanimously. Citizen Mr. George Barnes, 5317 Bonnell, appeared before the City Council Presentations and expressed concern relative to the housing that was being George Barnes constructed in the Lake Como area. He also questioned to whom the Lake Como Area Council was accountable. Brenda Scruggs Mrs. Brenda Scruggs, 8132 Hosta Way, appeared before the City Council relative to the correspondence from Chief Mendoza's Office, dated October 29, 2002. She advised Council that none of the allegations that were made to the Police Department had been investigated. Mary A. Jones Ms. Mary A. Jones, 2538 Glencrest Drive, appeared before Council relative to industrialized housing and illegal dumping in their community. She further stated that she would welcome being a participant on the committee dealing with the placement of industrialize housing. Mayor Barr requested that City staff visit with Ms. Jones and informed her that the illegal dumping situation could be corrected by stepping up the enforcement. Adjournment There being no further business, the meeting was adjourned at 9:22 p.m.