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HomeMy WebLinkAbout2002/12/17-Minutes-City Council CITY COUNCIL MEETING DECEMBER 17, 2002 Date & Time On the 17th day of December, A.D., 2002, the City Council of the City of Fort Worth, Texas, met in regular session at 10:50 a.m. in the City Council Chamber, 1000 Throckmorton, with the following members and officers present: Attendance Mayor Kenneth Barr; Mayor Pro tempore Ralph McCloud; Council Members 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. Council Member Jim Lane was absent. With more than a quorum present, the following business was transacted: Invocation The invocation was given by Reverend Julie Walkup Bird, First Presbyterian Church. Pledge The Pledge of Allegiance was recited. Minutes On motion of Council Member Haskin, seconded by Council Member Wentworth, the minutes of the regular meeting of December 10, 2002, were approved unanimously. Special Mayor Pro tempore McCloud presented the Brass Ensemble from Presentations Versia L. Williams Elementary School. Announcements Council Member Picht extended seasons greetings to his fellow Council Members and the residents of Fort Worth. Council Member Silcox extended kudos to the Fort Worth Motorcycle Police Officers who provided escort to Harley- Davidson Biker Santas during their delivery of presents to needy children in Arlington. He stated that the officers looked great on their new motorcycles. Withdrawn from Council Member Moss requested that Mayor and Council Consent Agenda Communication No. L-13467 be withdrawn from the consent agenda. City Manager Jackson requested that Mayor and Council Communication Nos. G-13826 and C-19379 be withdrawn from the consent agenda. 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 DECEMBER 17, 2002 PAGE 2 of 35 C.P. #222 — There was presented Council Proposal No. 222 by Council Neighborhood Members Haskin and Moss proposing that the City Council Incentives for authorize the City Manager to enter into negotiations and execute Highcrest a Development Agreement with Robison Home Builders to assist Addition in the construction of site built homes in the Highcrest Addition of the city; and authorize the City Manager to amend the agreement, if necessary, to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations. Council Member Haskin made a motion, seconded by Council Member Davis that the recommendation be adopted. The motion carried unanimously. Res. #2899 There was presented Resolution No. 2899 of the City Council of Request 78th the City of Fort Worth, Texas, requesting the members of the 78th Legislative Legislative Session of the State of Texas support the Texas Parks Session Support and Wildlife Department in their effort to manage a Fair and Just Texas Parks & Local Parks Grant Program referred to as the Texas Recreation Wildlife Dept. for and Parks Account. Council Member Davis made a motion, Fair & Just Local seconded by Council Member Wentworth, that the Parks Grant recommendation be adopted. The motion carried unanimously. Program Mayor Barr read the following statement: The challenges facing Fort Worth are both present and future. At present, I am proud to work with a City Council, City staff, and involved residents, who truly are dedicated every day to making Fort Worth the best city in America in which to live, work, and raise a family. I am also proud to see a City Council with the future vision - the long-term vision - to seek responsible opportunities for economic development and increased tourism. And just as I'm proud for these reasons, I am also proud to see local democracy in action wherein 15,000 plus citizens sign petitions because they too care about our city's future. As Mayor, I feel both sides have valid concerns in the current debate over whether the city should issue bonds to build a new convention center hotel. From the City Council perspective, such a project would bring thousands of new jobs and millions of increased tourism dollars to our city. As proposed, this project could be built without a tax increase and without taking any money from our general fund. From the petition signers' perspective, such a project should require more citizens input, more information from City Hall, and voter approval. Because I believe that both sides CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 3 of 35 have the same goal in mind, the goal of "saving Fort Worth's future" - preserving and protecting our future - I have decided to ask the City Council not to hold a confrontational February election over the hotel project. Instead, I am going to ask the Council to postpone consideration of such an election pending the outcome of a citizens' blue ribbon committee which will be charged with seeking more citizen input and gathering more background information from city staff on not only the proposed hotel project but also on other hotel options. I will ask that the Committee study Fort Worth's tourism opportunities, the need and adequacy of our public events facilities, and how increased tourism and convention business can benefit our community. Further, I suggest that the Council needs to reserve the opportunity to seek this committee's input on other economic development and capital improvement projects that might also be important in shaping the future of our city. I propose that the blue ribbon committee be titled Citizens' Committee on Fort Worth's Future. To insure citywide input, I will ask each Council Member to appoint one of their own district residents to serve on the Citizens' Committee and I will appoint the Committee's Chair. I will ask the City Manager be a non-voting member of this committee. And I will ask that the first meeting of the committee be held within the first two weeks of January. At its first meeting, I intend to welcome the committee members and ask them to meet at least once a month - or more often if they see fit - over the next six months to gather citizen input, to review presentations by city staff, and to make recommendations back to the Council. Though we may indeed miss some incredibly low interest rates for immediately financing capital improvement projects such as the hotel, I feel the increased exchange of information and confidence from having a Citizens' Committee is truly more valuable to our city's future. Today, I commend the 15,000 plus citizens who signed the petitions seeking voter approval of the proposed Hotel project; and I encourage them to be involved in not only voting in future referendum elections but in helping make such elections a win-win for Fort Worth's future. Therefore, it is my hope that the Fort Worth's Future Citizens' Committee will bring forward in the first six months of next year a recommendation on whether Fort Worth should be a participant in building a new convention center hotel; and if so, to then call upon our City Council to hold a referendum for voter approval of its recommendation. Thank you, and I would like to welcome any comments or questions at this time. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 4 of 35 Mayor Barr requested the City Manager withdraw this item and Mayor and Council Communication No. L-13479 from consideration at this time. Withdrawn It was the consensus of the City Council that an ordinance ordering an election on February 1, 2003, to consider issuance of Certificates of Obligation in an aggregate principal amount not to exceed $160,000,000.00 for a Convention Center Hotel be withdrawn. OCS-1322 There was presented Mayor and Council Communication No. Claims OCS-1322 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. OCS-1323 There was presented Mayor and Council Communication No. Res. #2900 OCS-1323 from the Office of the City Secretary recommending Setting Regular that the City Council adopt Resolution No. 2900 setting the Zoning Hearing regular zoning hearing for January 14, 2002. Council Member Moss made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. G-13823 There was presented Mayor and Council Communication No. G- Res. #2901 13823 from the City Manager recommending that the City Council Rescind Res. adopt Resolution No. 2901 rescinding Resolution No. 2830, dated #2830 & April 30, 2002, and withdraw objection to the issuance of Agreement on approximately $16,000,000.00 in tax-exempt housing revenue Payments-in-Lieu- bonds for the Main Lofts Property through the Texas State of-Taxes for Main Affordable Housing Corporation; and authorize the City Manager Street Lofts to enter into an agreement with the Main Street Affordable Project Housing of Fort Worth, L.L.C., governing its annual payment-in- lieu-of-taxes to the City. It was the consensus of the City Council that the recommendation be adopted. G-13824 There was presented Mayor and Council Communication No. G- Fee Waiver for 13824 from the City Manager recommending that the City Council Variance Request find that a waiver of the variance request application fee for the southeast corner of Lake Havasu Trail and Randol Mill Road carries out a public purpose; and find that there are sufficient controls to ensure the public purpose is carried out; and authorize a waiver of the variance request application fee totaling $300.00. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 5 of 35 G-13825 There was presented Mayor and Council Communication No. G- Amend M&C 13825 from the City Manager recommending that the City Council #C-19125 authorize the City Manager to correct the reduction of the Reduction of Tax percentage amount of taxes to be abated to reflect a reduction Abatement from 100 percent to 90 percent for the 2002 tax year for the Percentage with Blackstone Hotel owned by HRI Management, Inc.; and direct the Blackstone Hotel City Manager to notify the Tarrant Appraisal District of the correct reduction in the percentage of taxes to be abated. It was the consensus of the City Council that the recommendation be adopted. G-13826 There was presented Mayor and Council Communication No. G- Permit Fee Waiver 13826 from the City Manager recommending that the City Council with JohnSons find that the improvements described and contained within the Press application are feasible and practical and would be a benefit to the land and to the City after granting a waiver of permit fees; and authorize the City Manager to waive the permit fees associated with the facility expansion of JohnSons Press. Eddie Griffin Mr. Eddie Griffin, 1120 E. Davis, appeared before Council and acknowledged that he had written the incorrect M&C number on his comment card and that his comments were relative to M&C G- 13827. He invited the Council to attend the first graduation of the computer class and requested a green space provision be added to the Brownfields Economic Redevelopment Program. Council Member Picht made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G- 13826 be adopted. The motion carried unanimously. G-13827 There was presented Mayor and Council Communication No. G- Ord. #15360 13827 from the City Manager recommending that the City Council Grant Application authorize the City Manager to apply for and accept grant funds, if for Brownfields awarded, from the U.S. Environmental Protection Agency in the Economic amount of $400,000.00 for the City of Fort Worth's Brownfields Redevelopment Economic Redevelopment Program; and adopt Appropriation Program Ordinance No. 15360 increasing estimated receipts and appropriations in the Grants Fund in an amount up to $400,000.00, upon receipt of the grant, for the purpose of funding the City of Fort Worth's Brownfields Economic Redevelopment Program. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 6 of 35 G-13828 There was presented Mayor and Council Communication No. G- Ord. #15361 13828 from the City Manager recommending that the City Council Sewer Per Acre adopt Ordinance No. 15361 and boundary map which establishes Charge for Sewer $613.00 as the per acre charge for the 3276 acres served by Main M-452 approach sewer main M-452 from station 33+69.33 to station 223+69.73, the last date of assessment to be ten years from the approval date of this ordinance, with reimbursement to Dell Computer Corporation for per acre charges collected. It was the consensus of the City Council that the recommendation be adopted. G-13829 There was presented Mayor and Council Communication No. G- Ord. #15362 13829 from the City Manager recommending that the City Council Transfer of Impact adopt Appropriation Ordinance No. 15362 increasing the Fee Revenues to estimated receipts and appropriations in the Water Capital Project Operating Budget Fund in the amount of $4,550,527.00 and the Sewer Capital Project Fund in the amount of $2,421,314.00 from available funds for the purpose of funding the transfer of impact fee revenues to operating budget; and authorize the transfer of $4,550,527.00 from the Water Capital Project Fund and $2,421,314.00 from the Sewer Capital Project Fund to the Water and Sewer Operating Fund. It was the consensus of the City Council that the recommendation be adopted. G-13830 There was presented Mayor and Council Communication No. G- Ord. #15363 13830 from the City Manager recommending that the City Council Ord. #15364 adopt Ordinance No. 15363 and boundary map to establish Sewer Per Acre $507.85 as the per acre charge for the 857 acres served by City Charge for Sewer initiated sewer main M-321 from station 109+31.34 to station Main M-321 & 149+15.74; and adopt Ordinance No. 15364 and boundary map to Sewer Main M-423 establish $690.21 as the per acre charge for the 2419 acres served by City initiated sewer main M-423 from station 37+96 to station 251+56; and establish the basin boundaries for these per acre charges. It was the consensus of the City Council that the recommendation be adopted. G-13831 There was presented Mayor and Council Communication No. G- Ord. #15365 13831 from the City Manager recommending that the City Council Construction of adopt Appropriation Ordinance No. 15365 increasing estimated Water & Sewer receipts and appropriations in the Water and Sewer Capital Mains for Sendera Project Fund in the amount of $10,560,000.00 from available funds Ranch for the purpose of funding construction of water and sewer mains Development for Sendera Ranch Development by revenue bond from Trinity River Authority of Texas. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 7 of 35 G-13832 There was presented Mayor and Council Communication No. G- Ord #15366 13832 from the City Manager recommending that the City Council Repair & adopt Appropriation Ordinance No. 15366 increasing estimated Replacement of receipts and appropriations in the Special Trust Fund in the Festival amount of $11,387.80 from available funds, for the purpose of Equipment funding the repair and replacement of festival equipment, and authorize the expenditure of these funds for the repair and replacement of festival equipment. It was the consensus of the City Council that the recommendation be adopted. Public Hearing It appeared that the City Council set today as the date for a public hearing for appeal of Downtown Design Review Board decision to deny a request for a free standing pole sign for the Parthenon Restaurant located at 401 North Henderson Street. Mayor Barr asked if there was anyone present desiring to be heard. Mr. John Garfield, representing the Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-13833, as follows: G-13833 There was presented Mayor and Council Communication No. G- Appeal from 13833 from the City Manager recommending that the City Council Decision of consider an appeal from Mr. C. A. Panaviotis Katzianis for the Downtown Design decision of the Downtown Design Review Board to deny the Review Board request for approval of a pole sign located at 401 North Henderson Street. Allan Howeth Mr. Allan Howeth, 801 Cherry Street, Suite 2100, representing Downtown Fort Worth, Inc., appeared before Council in opposition of the appeal. He stated that they supported the Downtown Design Review Board's decision and that this area of Henderson Street was part of the redevelopment of Lancaster. He added that the denial was not a reflection of the restaurant, but due to the sign's incompatibility. He stated that if the sign was lowered to the pavement, he could support the applicant. There being no one else present in connection with the appeal of Downtown Design Review Board decision to deny a request for a free standing pole sign for the Parthenon Restaurant located at 401 North Henderson Street, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and that the City Council uphold the decision of Downtown Design Review Board and deny the appeal. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 8 of 35 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members, Haskin, Picht, Wentworth, and Davis NOES: Council Member Silcox ABSENT: Council Member Lane Public Hearing It appeared that the City Council set today as the date for a public hearing for the designation of Tax Abatement Reinvestment Zone No. 41, City of Fort Worth, Texas. Mayor Barr asked if there was anyone present desiring to be heard. Ms. Ardina Washington, representing the Economic Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G- 13834, as follows: G-13834 There was presented Mayor and Council Communication No. G- Ord. #15367 13834 from the City Manager recommending that the City Council: Designate Tax Abatement 1. Hold a public hearing concerning the designation of Tax Reinvestment Abatement Reinvestment Zone No. 41, City of Fort Worth, Zone No. 41 Texas; and 2. Adopt Appropriation Ordinance No. 15367 designating a certain area in the City of Fort Worth "Tax Abatement Reinvestment Zone No. 41, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the zone; and containing other matters related to the Zone. Mayor Barr and Council Members Haskin, Moss, and Davis, disclosed that they had banking relationships with Bank One. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be closed and that Mayor and Council Communication No. G-13834 be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Haskin, Moss, Picht, Wentworth, and Davis NOES: Council Member Silcox ABSENT: Council Member Lane CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 9 of 35 G-13835 There was presented Mayor and Council Communication No. G- Ord. #15368 13835 from the City Manager recommending that the City Council Acceptance of accept funds in the amount of $1,200.00 from the Wal-Mart Funds from Wal- Foundation; and adopt Appropriation Ordinance No. 15368 Mart Foundation increasing estimated receipts and appropriations in the Special for Fire Safety Trust Fund in the amount of $1,200.00 from available funds, for House the purpose of funding the Fire Safety House. Council Member Moss requested that staff provide Council with an update on the repairs/upgrade of the Fire Safety House. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted with appreciation. The motion carried unanimously. G-13836 There was presented Mayor and Council Communication No. G- Selection of 13836 from the City Manager recommending that the City Council Consultant to authorize the City Manager to execute a contract with Premis Perform IT Consulting Group, not to exceed a total of $30,000.00, to perform, Operations & under the direction of the City Auditor, an Information Sourcing Technology Operations and Sourcing Assessment of the City's Assessment Information Technology (IT) environment; and authorize the contract to begin December 16, 2002, and expire April 30, 2003. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. G-13837 There was presented Mayor and Council Communication No. G- Reauthorization of 13837 from the City Manager recommending that the City Council Military Pay authorize the continuation of the Military Pay Supplement benefit Supplement and Military Leave Fund policy. Benefit & Military Leave Fund Council Member Haskin requested that staff provide Council with Policy an update to the program. Council Member Silcox made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. P-9690 There was presented Mayor and Council Communication No. P- Continued to End 9690, dated October 1, 2002, from the City Manager of Agenda recommending that the City Council authorize the City Manager to execute a professional services contract with Avizion Technologies Group, Inc. for interim support of the City's CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 10 of 35 mainframe computer operating environment at a cost not to exceed $153,600.00 for the Information Technology Solutions Department using State of Texas Catalogue purchasing procedures; and authorize the contract to begin October 1, 2002, and expire September 30, 2003. Council Member Davis asked staff for clarification on their expectations from Avizion now that update to the system had been completed. City Manager Jackson requested that this item be continued to the end of the agenda, as David Miller, Chief Information Officer, was not present in Council Chamber. P-9722 There was presented Mayor and Council Communication No. P- Temporary Labor 9722 from the City Manager recommending that the City Council Services authorize the increase of the contract amount for temporary labor services form Nine-One-One Personnel, Inc. for the Environmental Management Department until the privatization plan for outsourcing solid waste services has been fully implemented. The projected date for completing this process is April 2003. It was the consensus of the City Council that the recommendation be adopted. P-9723 There was presented Mayor and Council Communication No. P- Platform Truck 9723 from the City Manager recommending that the City Council authorize the purchase of a new platform truck from Ford Country for the Transportation and Public Works Department at a cost not to exceed $37,135.00 with payment due within 30 days of the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. P-9724 There was presented Mayor and Council Communication No. P- Valve Actuators 9724 from the City Manager recommending that the City Council authorize the purchase of four valve actuators from Rexa/Koso America, Inc. for the Water Department based on the total low bid of $35,408.00 with payment due 30 days from the date of the invoice and freight cost included in the bid. It was the consensus of the City Council that the recommendation be adopted. P-9725 There was presented Mayor and Council Communication No. P- Gasoline & Diesel 9725 from the City Manager recommending that the City Council: Fuel 1. Authorize a purchase agreement for gasoline and diesel fuel with primary and secondary vendors for the City of Fort Worth and Interlocal Agreements with various Tarrant CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 11 of 35 County governmental entities. Prices will be based on the overall low bid of the Dallas Metro Texas OPIS (Oil Price Information Service) Petrostat Net Price per gallon for the day the fuel is delivered and Wall Street Journal, Cash Prices, Fats and Oils (for bio-diesel fuel only) each Monday. Payment is due 30 days from the date the invoice is received. The City takes ownership at the City's storage tank and freight is not charged; and 2. Authorize the primary award for gasoline to Superior Fuels and Lubricants and the secondary award to Reeder Distributors; and for diesel, the primary award to Reeder Distributors and the secondary award to Lucky Lady; and 3. Authorize the City Manager to enter into Interlocal Agreements with various Tarrant County governmental entities, as requested, based on the same prices, terms and conditions of the original agreement; and 4. Authorize this agreement to begin December 17, 2002, and expire December 16, 2003, with options to renew for four additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9726 There was presented Mayor and Council Communication No. P- Pipe & Concrete 9726 from the City Manager recommending that the City Council Saw Blades authorize a purchase agreement with primary award to Diamond Blade Warehouse and secondary award to Nations Rent to provide pipe and concrete saw blades for all City departments, with payment due 30 days after receipt of the invoice and freight included in the unit price; and authorize this agreement to begin December 17, 2002, and expire December 16, 2003, with an option to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9727 There was presented Mayor and Council Communication No. P- Maintenance 9727 from the City Manager recommending that the City Council Equipment authorize the purchase of maintenance equipment from cooperative purchasing programs for the City of Fort Worth at a total cost not to exceed $361,069.70 with payment due within 30 days of the date of the invoice. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 12 of 35 P-9728 There was presented Mayor and Council Communication No. P- Motorized Crane 9728 from the City Manager recommending that the City Council Service authorize a purchase agreement with the primary award to Maxim Crane Works and the secondary award to Digitcom, Inc. to provide motorized crane service for all City departments, with payment due 30 days after receipt of the invoices; and authorize this agreement to begin December 17, 2002, and expire December 16, 2003, with options to renew for two additional one-year periods. It was the consensus of the City Council that the recommendation be adopted. P-9729 There was presented Mayor and Council Communication No. P- Customer 9729 from the City Manager recommending that the City Council: Management System Software 1. Authorize the purchase of software, system installation & Maintenance services and training for HEAT, a customer management system, from Alliance Technology for use by the Environmental Management Department's Solid Waste Division at a cost of $95,623.00 using the State of Texas Catalogue purchasing procedures; and 2. Authorize the purchase of yearly software maintenance from Alliance Technology at a cost of $8,750.00 per year; and 3. Authorize the yearly software maintenance agreement to begin December 18, 2002, and expire December 17, 2003, with options to renew for four successive one-year periods. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried unanimously. L-13467 There was presented Mayor and Council Communication No. L- Sale of Tax 13467 from the City Manager recommending that the City Council: Foreclosed Property 1. Authorize the City Manager to execute an option agreement that outlines the terms of the sale, once approved by all the taxing entities that were a party to the judgment; and 2. Approve the sale of the tax foreclosed property described as Eastcrest Block 1 and G. J. Ashabranner Survey Tract 9G to Greater Mount Tabor Christian Center in accordance with Section 34.05 of the Texas Tax Code; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 13 of 35 3. Authorize the City Manager, if the terms of the option agreement are satisfied, to execute an appropriate deed conveying the property to Greater Mount Tabor Christian Center, and record the deed. Council Member Moss made a motion, seconded by Mayor Pro tempore McCloud, that Mayor and Council Communication No. L- 13467 be adopted with the following amendment to the bulleted items in the third paragraph of the Discussion section: a. Item 4: Replace "...Planned Development/Specific Use with a site plan..." with "...Single Family Residential and Neighborhood Commercial..." b. Item 5: Delete entire bullet The motion carried unanimously. L-13468 There was presented Mayor and Council Communication No. L- Sale of Surplus 13468 from the City Manager recommending that the City Council City-Owned Tax approve the sale of various surplus City-owned tax foreclosed Foreclosed properties in accordance with Section 272.001 of the Texas Local Properties Government Code, for a total of $406,464.29; and authorize the City Manager to execute the appropriate deeds conveying the properties to the highest bidder complying with the bid specifications. It was the consensus of the City Council that the recommendation be adopted. L-13469 There was presented Mayor and Council Communication No. L- Conveyance of 13469 from the City Manager recommending that the City Council Parcel of Property authorize the City Manager to execute the General Warranty Deed conveying the property described as being a 22.16 acre tract of land out of the Lorenzo D. Burnett Survey, Abstract No. 177, Tarrant County, Texas, including a portion of Lot 3, Block 205, Area 2, Section 4, Centreport, to CentrePort Venture, Inc. for the purchase of a certain City-owned property formerly known as Greater Southwest International Airport; and authorize the acceptance, filing and recording by the City of one avigation easement and release from CentrePort Venture, Inc. covering the same property in favor with the Cities of Dallas and Fort Worth and the Dallas/Fort Worth Airport Board. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 14 of 35 L-13470 There was presented Mayor and Council Communication No. L- Permanent 13470 from the City Manager recommending that the City Council Easement approve the acceptance of one permanent easement described as Lots 4 and 5, Block 17, Factory Place Addition, Tarrant County, Texas, from Mike Olson located at 3800 West Vickery Boulevard, south of Lisbon Road (DOE 3459) needed for the construction of a sewer main extension for a cost of $1.00. It was the consensus of the City Council that the recommendation be adopted. L-13471 There was presented Mayor and Council Communication No. L- Right-of-Way 13471 from the City Manager recommending that the City Council Dedication Deed approve the acceptance of one right-of-way dedication deed described as Eli W. Shriver Survey, Abstract No. 1455, from Hillwood Alliance Residential, L.P. for property located east of Trace Ridge Parkway and west of Park Vista Boulevard (DOE 3960) needed as right-of-way for the purpose of construction, use, maintenance, repair and reconstruction of a public street. It was the consensus of the City Council that the recommendation be adopted. L-13472 There was presented Mayor and Council Communication No. L- Sale of Tax 13472 from the City Manager recommending that the City Council Foreclosed approve the direct sale of tax foreclosed property described as Property Lot 21, Block 13, Worth Hills Addition (3306 Roosevelt Avenue) to the adjoining property owner Jimmy Washington as allowed under Section 34.05 of the Texas Tax Code (DOE 920) for the tax judgment amount, the cost of the appraisal, plus accrued court costs for an amount of $5,385.78; and authorize the City Manager to accept and record the appropriate instruments. It was the consensus of the City Council that the recommendation be adopted. L-13473 There was presented Mayor and Council Communication No. L- Acceptance of 13473 from the City Manager recommending that the City Council Encroachment on approve the acceptance of one encroachment of easement Easement agreement described as the existing 150 foot T.E.S.C.O. right of Agreement way, part of the U. Mendoza Survey, Abstract No. 545, Johnson County, Texas, from Oncor Electric Delivery company required for construction of the Southside III 36-inch Water Line Project to be located in South Tarrant County and North Johnson County (DOE 3416). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 15 of 35 L-13474 There was presented Mayor and Council Communication No. L- Lease of T-Hangar 13474 from the City Manager recommending that the City Council Unit 24S-8 at FW authorize the City Manager to execute a T-Hangar Lease Meacham Agreement with Ronald R. Casey for T-Hangar Unit 24S-8 at Fort International Worth Meacham International Airport. It was the consensus of Airport the City Council that the recommendation be adopted. L-13475 There was presented Mayor and Council Communication No. L- Lease Office 13475 from the City Manager recommending that the City Council Space authorize the City Manager to execute an annual terminal building office lease agreement with Fred W. Griffin for 268 square feet of office space on the first floor of the terminal building at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. L-13476 There was presented Mayor and Council Communication No. L- Extend Lease at 13476 from the City Manager recommending that the City Council Northside authorize the City Manager to extend the lease agreement with Community the University of North Texas Health Science Center of Fort Worth Center at the Northside Community Center for an additional eight months beginning January 1, 2003, and ending August 31, 2003, for rental space to operate a medical clinic at the Northside Community Center. It was the consensus of the City Council that the recommendation be adopted. L-13477 There was presented Mayor and Council Communication No. L- Lease Office 13477 from the City Manager recommending that the City Council Space authorize the City Manager to execute a lease agreement with FWIS, Ltd. d/b/a Fort Worth Town Center for office space at 4200 South Freeway for the Parks and Community Services Department; and authorize the term of the lease agreement to begin January 1, 2003, and expire December 31, 2008. It was the consensus of the City Council that the recommendation be adopted. L-13478 There was presented Mayor and Council Communication No. L- Ord. #15369 13478 from the City Manager recommending that the City Council: Renew License Agreement for 1. Authorize the renewal of a license agreement with 2.87 Use of City- Partners, Ltd. for the use of 7,312 square feet out of the Owned Park J.M.C. Lynch Survey, Abstract No. 1955; and Property 2. Authorize the agreement to begin December 1, 2002, and expire November 30, 2007, with the option to renew for one successive five-year term in the amount of $500.00 a year; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 16 of 35 3. Adopt Appropriation Ordinance No. 15369 increasing estimated receipts and appropriations in the Park Improvements Fund in the amount of $500.00 subject to receipt of funds for the purpose of funding miscellaneous improvements at Trinity Park; and 4. Authorize the City Manager to apply these funds towards the miscellaneous improvements at Trinity Park. It was the consensus of the City Council that the recommendation be adopted. L-13479 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. L-13479 from the City Manager recommending that the City Council authorize the City Manager to enter into an option to purchase the downtown campus of the Tarrant County College (TCC) District located at 1500 Houston Street and 1400 and 1408 Throckmorton Street for the Convention Center Hotel for $5,500,000.00, plus $3,000,000.00 for relocation expenses be withdrawn. PZ-2439 There was presented Mayor and Council Communication No. PZ- Establish 2439 from the City Manager recommending that the City Council: Annexation Timetable for 1. Approve the annexation timetable in order to annex Proposed approximately 48 acres of land situated in the Jesse Voluntary Billingsley Survey, Abstract No. 70, located south of Annexation of 48 Keller Hicks Road, east of Alta Vista Road and north of Acres of Land Golden Triangle Road, Tarrant County, Texas Situated in Jesse (Annexation Case No. AX-02-0010), in compliance with Billingsley Survey the requirements of Chapter 43 of the Texas Local AX-02-0010 Government Code; and 2. Direct staff to prepare a service plan that provides for the full extension of full municipal services to the annexation area. It was the consensus of the City Council that the recommendation be adopted. PZ-2440 There was presented Mayor and Council Communication No. PZ- Ord. #15370 2440 from the City Manager recommending that the City Council Street Vacation adopt Ordinance No. 15370 vacating a 60-foot wide by 26.5-feet VA-02-002 long portion of 36th Street, in the 1600 block of 36th Street, Airport Acres Addition, Fort Worth, Texas. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 17 of 35 PZ-2441 There was presented Mayor and Council Communication No. PZ- Ord. #15371 2441 from the City Manager recommending that the City Council Street Vacations adopt Ordinance No. 15371 vacating the 800 block of Peach VA-02-078 Street; the 400 to 800 blocks of Bluff Street; the 200 to 300 blocks of Cherry Street; and the 400 to 600 blocks of Franklin Street, located in the unrecorded plat of Fields-Hillside Addition and in the unrecorded plat of Land 500 Addition, City of Fort Worth, Tarrant County, Texas. It was the consensus of the City Council that the recommendation be adopted. PZ-2442 There was presented Mayor and Council Communication No. PZ- Ord. #15372 2442 from the City Manager recommending that the City Council Street Name adopt Ordinance No. 15372 changing the name of Oak Grove road Change from Oak West to Oak Grove Road North in Highland Hills Addition, Fort Grove Road West Worth, Texas. Mayor Pro tempore McCloud made a motion, to Oak Grove seconded by Council Member Davis, that the recommendation be Road North adopted. The motion carried unanimously. SN-02-004 PZ-2443 There was presented Mayor and Council Communication No. PZ- Ord. #15373 2443 from the City Manager recommending that the City Council Streets & Alley adopt Ordinance No. 15373 vacating a 60-foot right-of-way in the Vacation 1100 block of West Terrell Avenue in the Terrell Subdivision, and VA-01-013 the Fields Welch Addition; a six-foot right-of-way in the 900 block of South Adams Street; a 50-foot right-of-way in the 900 block of Deloach Street situated in the Terrell Subdivision; a 12-foot alley situated in the Fields Welch Addition Subdivision, and a 30-foot alley situated in the Terrell Subdivision, between Henderson Street and College Avenue, Fort Worth, Tarrant County, Texas. Council Member Moss informed Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would not be voting on this issue. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 18 of 35 PZ-2444 There was presented Mayor and Council Communication No. PZ- Ord. #15374 2444 from the City Manager recommending that the City Council Street Vacation adopt Ordinance No. 15374 vacating a 60-foot wide by 627 foot VA-02-003 long portion of Avenue B Street between Thrall Street and Nashville Avenue adjacent to Lot 1, Robert E. Lee Anderson's Subdivision; Lot 1 and 2, Anderson's Subdivision; Lots 6A and 7A, Cora Smith Addition; Lots 1 through 3, Walkup Addition, Lot 5, Cora Smith Addition; Lots 9 and 10, Walkup Addition, and Tract S1-12, J. Van Ripper Survey, Fort Worth, Texas. Council Member Moss informed Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would not be voting on this issue. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss PZ-2445 There was presented Mayor and Council Communication No. PZ- Ord. #15375 2445 from the City Manager recommending that the City Council Utility Easements adopt Ordinance No. 15375 vacating a ten-foot wide by 375 feet Vacation long utility easement and a 30-foot wide by 194 feet long utility VA-02-028 easement, Trimble Tech High School, in Tract R-1, Fields Welch Addition, Fort Worth, Tarrant County, Texas. Council Member Moss informed Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would not be voting on this issue. Mayor Pro tempore McCloud 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 DECEMBER 17, 2002 PAGE 19 of 35 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss PZ-2446 There was presented Mayor and Council Communication No. PZ- Ord. #15376 2446 from the City Manager recommending that the City Council Streets & Alley adopt Ordinance No. 15376 vacating two 60-foot wide streets Vacation being portions of Stanley and Covert Streets in the 5100 block of VA-02-060 Stanley Avenue and the 1700 block of Covert Street, Seminary Hill Addition, and a 15-foot wide alley being a portion of an alley running through Block 33, Seminary Hill Addition, Fort Worth, Texas. Council Member Moss informed Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would not be voting on this issue. 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, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss PZ-2447 There was presented Mayor and Council Communication No. PZ- Ord. #15377 2447 from the City Manager recommending that the City Council Street & Utility adopt Ordinance No. 15377 vacating a 60-foot wide street in the Easements 2700 block of Northwest 32nd Street situated between Blocks 108 Vacations and 109, a 20-foot wide utility easement being a portion of the 20 VA-02-063 foot utility easement described in City of Fort Worth Ordinance No. 9635 situated in Block 109, and a five-foot wide utility CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 20 of 35 easement situated beI: eein West omg an°m velllLie,, Rosen Heights Addition to the City of Fort Worth, Tarrant County, Texas. Council Member Moss informed Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would not be voting on this issue. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss PZ-2448 There was presented Mayor and Council Communication No. PZ- Ord. #15378 2448 from the City Manager recommending that the City Council Utility Easement adopt Ordinance No. 15378 vacating a utility easement within Lot Vacation 1, Block 1, Calvary Cathedral Addition, Fort Worth, Texas. VA-02-071 Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. PZ-2449 There was presented Mayor and Council Communication No. PZ- Ord. #15379 2449 from the City Manager recommending that the City Council Alley Vacation adopt Ordinance No. 15379 vacating a 16-foot wide portion of an VA-02-074 alley within Lots 1 through 24, Block 13, and between Lots 1, 2, 23, and 24, Block 28, Prospect Heights Addition, City of Fort Worth, Texas. Council Member Moss informed Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would not be voting on this issue. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried by the following vote: CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 21 of 35 AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Silcox, Haskin, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss PZ-2450 There was presented Mayor and Council Communication No. PZ- Ord. #15380 2450 from the City Manager recommending that the City Council Street Vacation adopt Ordinance No. 15380 vacating a 60-foot wide by 600-feet VA-02-075 long portion of Townsend Drive within 2900 block of Townsend Drive, between Bowie Street and Lowden Street, Prospects Heights Addition, City of Fort Worth, Texas. Council Member Moss informed Council that he had filed a Conflict of Interest Affidavit with the City Secretary and would not be voting on this issue. 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, Picht, Wentworth, and Davis NOES: None ABSENT: Council Member Lane NOT VOTING: Council Member Moss C-19370 There was presented Mayor and Council Communication No. C- Delayed Until 19370, dated November 26, 2002, from the City Manager After Executive recommending that the City Council authorize the City Manager Session to terminate City Secretary Contract No. 27565 with Rope Construction, Inc. for water and sewer replacements in White Settlement Road from University Drive to Westview Avenue. Debra McCauley Ms. Debra McCauley, P. O. Box 40499, appeared before Council in support of the contract's termination. She stated that as a minority subcontractor her company was still owed $45,000.00 for work done on this project. She requested the Council to release the funds for this project so that she could fulfill her obligations. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 22 of 35 Mayor Barr asked the City Manager to inform Council of the outcome of this issue and asked Ms. McCauley to speak with Assistant City Manager Marc Ott and provide him with more information. Mayor Barr stated that action on this item would be delayed until after the Executive Session. Council Member Wentworth made a motion, seconded by Council Member Davis, that this item be delayed until after the Executive Session. The motion carried unanimously. C-19379 There was presented Mayor and Council Communication No. C- Polytechnic 19379 from the City Manager recommending that the City Council: Community Development 1. Approve the future reallocation of an estimated $70,000.00 Corporation in Home Investment Partnerships Program (HOME) funds consisting of the net proceeds from the sale of two single family homes in the Polytechnic Model Blocks, and $113,576.47 of unexpended balance from the City's Poly New Construction account to the Polytechnic Community Development Corporation (PCDC) Housing Development Fund, contingent upon receipt of the funds; and 2. Authorize the City Manager to: • Amend City Secretary Contract No. 26932 with the PCDC, executed on July 18, 2001, to reflect the above allocation of funds to the PCDC Housing Development Fund, bringing the total contract amount to $407,983.00 in HOME and Community Development Block Grant funds; and • Further amend this contract, as needed, to achieve project goals provided the amendment is within the scope of the project and in compliance with applicable laws and regulations; and • Extend or renew the contract if the PCDC requests an extension or renewal. Mayor Pro tempore McCloud made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-19379 be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 23 of 35 C-19380 There was presented Mayor and Council Communication No. C- Ord. #15381 19380 from the City Manager recommending that the City Council City of Burleson approve Joint Ordinance No. 15381 and Boundary Agreement with the City of Burleson to adjust the boundary between Fort Worth and Burleson in the area south of McAlister Road (FM 1017) in connection with the Gateway Station Commercial Development; and authorize the Mayor to execute the Joint Ordinance and Boundary Agreement. It was the consensus of the City Council that the recommendation be adopted. C-19381 There was presented Mayor and Council Communication No. C- Denton County 19381 from the City Manager recommending that the City Council Electric authorize the City Manager to execute an agreement with Denton Cooperative, Inc. County Electric Cooperative, Inc. d/b/a CoSery Electric (DCEC) to d/b/a CoSery provide electric service to street lights at various locations in Electric parts of north Fort Worth for a period of 10 years from the effective date, or 120 days after DCEC enters into the deregulated market, whichever occurs first; and authorize an automatic yearly renewal, following the initial 10-year period, unless either party provides the other with written notice not to renew the agreement at least 90 days prior to the end of the initial term, or 120 days prior to the end of a renewed term. It was the consensus of the City Council that the recommendation be adopted. C-19382 There was presented Mayor and Council Communication No. C- Ord. #15382 19382 from the City Manager recommending that the City Council: H & H Restoration, Inc. 1. Authorize the City Manager to transfer $7,670,461.00 from the General Fund to the Contract Street Maintenance Fund; and 2. Adopt Appropriation Ordinance No. 15382 increasing estimated receipts and appropriations in the Contract Street Maintenance Fund in the amount of $7,670,461.00 from available funds for the purpose of funding a portion of the Fiscal Year 2002-2003 Street Maintenance Program; and 3. Authorize the City Manager to execute a contract with H & H Restoration, Inc. in the amount of $63,000.00 for 30 working days for Expansion Joint Repair of the Main Street Bridge over the Trinity River (2003-1). It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 24 of 35 C-19383 There was presented Mayor and Council Communication No. C- Peachtree 19383 from the City Manager recommending that the City Council Construction, Ltd. authorize the City Manager to execute a contract with Peachtree Construction, Ltd. in the amount of $448,542.50 for 55 working days for HMAC Surface Overlay 2002-21. It was the consensus of the City Council that the recommendation be adopted. C-19384 There was presented Mayor and Council Communication No. C- ANA Consultants, 19384 from the City Manager recommending that the City Council L.L.C, Halff authorize the City Manager to execute a requirements contracts Associates, Huitt- to provide professional surveying services for various city Zollars, Inc., and projects with four firms, ANA Consultants, L. L. C., Halff Lopez Garcia Associates, Huitt-Zollars, Inc., and Lopez Garcia Group, for a Group period of one year with an aggregate fee not to exceed $250,000.00 per contract, with an option for a one-year renewal, with renegotiated unit prices. It was the consensus of the City Council that the recommendation be adopted. C-19385 There was presented Mayor and Council Communication No. C- Ord. #15383 19385 from the City Manager recommending that the City Council: Amendment #2 to CSC #27583 — 1. Authorize the transfer of $55,970.00 from the Water and Halff Associates, Sewer Operating Fund to the Sewer Capital Project Fund; Inc. and 2. Adopt Appropriation Ordinance No. 15383 increasing estimated receipts and appropriations in the Sewer Capital Project Fund in the amount of $55,970.00 from available funds for the purpose of funding a contract increase with Halff Associates, Inc. for Sanitary Sewer Rehabilitation Contract LXIV (64); and 3. Authorize the City Manager to execute Amendment No. 2 to City Secretary Contract No. 27583 with Halff Associates, Inc. in the amount of $55,970.00 to provide additional design and survey services, thereby increasing the contract amount to $237,760.00. It was the consensus of the City Council that the recommendation be adopted. C-19386 There was presented Mayor and Council Communication No. C- Women's Haven 19386 from the City Manager recommending that the City Council of Tarrant County authorize the City Manager to execute a contract with Women's CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 25 of 35 Haven of Tarrant County at a cost not to exceed $21,100.00 to assist in the continuation of the Domestic Assault Response Team program; and authorize the agreement to begin December 1, 2002, and expire August 31, 2003. It was the consensus of the City Council that the recommendation be adopted. C-19387 There was presented Mayor and Council Communication No. C- United Way of 19387 from the City Manager recommending that the City Council Metropolitan authorize the City Manager to execute an annual contract with the Tarrant County United Way of Metropolitan Tarrant County in the amount of $60,000.00 for social marketing services funded by a grant from the U.S. Department of Health and Human Services for a Child Mental Health Initiative Co-Operative Agreement for the period September 30, 2002, through September 29, 2003. It was the consensus of the City Council that the recommendation be adopted. C-19388 There was presented Mayor and Council Communication No. C- Linda Fulmer 19388 from the City Manager recommending that the City Council M.Ed with Fulmer authorize the City Manager to execute an annual contract with & Associates Linda Fulmer, M.Ed with Fulmer and Associates in the amount of $40,000 for technical assistance services funded by a grant from the U.S. Department of Health and Human Services for a Child Mental Health Initiative Co-Operative Agreement for the period September 30, 2002, through September 29, 2003. It was the consensus of the City Council that the recommendation be adopted. C-19389 There was presented Mayor and Council Communication No. C- Mental Health & 19389 from the City Manager recommending that the City Council Mental authorize the City Manager to execute an annual contract with the Retardation of department of Mental Health and Mental Retardation of Tarrant Tarrant County County in the amount of $200,000.00 for evaluation services funded by the U.S. Department of Health and Human Services for a Child Mental Health Initiative Co-Operative Agreement for the period September 30, 2002, through September 29, 2003. It was the consensus of the City Council that the recommendation be adopted. C-19390 There was presented Mayor and Council Communication No. C- Zanda Hilger, 19390 from the City Manager recommending that the City Council M.Ed authorize the City Manager to execute an annual contract with Zanda Hilger, M.Ed in the amount of $28,000.00 for cultural competency services funded by a grant from the U.S. Department CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 26 of 35 of Health and Human Services for a Child Mental Health Initiative Co-Operative Agreement for the period September 30, 2002, through September 29, 2003. It was the consensus of the City Council that the recommendation be adopted. C-19391 There was presented Mayor and Council Communication No. C- Assignment & 19391 from the City Manager recommending that the City Council: Assumption Agreements 1. Authorize the City Manager to execute written consents to Between Assignment and Assumption Agreements between Sandpiper Airport Sandpiper Airport Inn, Inc. (Sandpiper) and Don E. Inn, Inc. & Don E. Hansen, an individual, relating to all of Sandpiper's Hansen leasehold interests at Fort Worth Meacham International Airport (Airport) other than Lease Site 1-S; and 2. Authorize the City Manager to execute written consents to the execution of Deed of Trust Liens by Don E. Hansen in favor of Summit National Bank of Fort Worth on all leaseholds at the Airport assumed by Don E. Hansen. It was the consensus of the City Council that the recommendation be adopted. C-19392 There was presented Mayor and Council Communication No. C- Deed of Trust Lien 19392 from the City Manager recommending that the City Council by Sandpiper authorize the City Manager to execute a written consent to the Airport Inn, Inc. execution of a Deed of Trust Lien by Sandpiper Airport Inn, Inc. in favor of Summit National Bank of Fort Worth on Lease Site 1-S at Fort Worth Meacham International Airport. It was the consensus of the City Council that the recommendation be adopted. C-19393 There was presented Mayor and Council Communication No. C- DFW Advisors, 19393 from the City Manager recommending that the City Council Ltd. Company authorize the City Manager to execute a contract with DFW Advisors, Ltd. Company to manage the Noise Mitigation Program Phase No. IV-A at Fort Worth Meacham International Airport for an amount not to exceed $925,621.00. It was the consensus of the City Council that the recommendation be adopted. C-19394 There was presented Mayor and Council Communication No. C- Town of Lakeside 19394 from the City Manager recommending that the City Council authorize the City Manager to execute an agreement with the Town of Lakeside to provide treated water service to residents in Fort Worth near Lake Worth along Watercress Drive. It was the consensus of the City Council that the recommendation be adopted. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 27 of 35 C-19395 There was presented Mayor and Council Communication No. C- 2nd Amendment to 19395 from the City Manager recommending that the City Council CSC #15764 — City authorize the City Manager to execute the second amendment to of Westworth the wastewater contract with the City of Westworth Village, Village providing for the construction of two additional wholesale wastewater meter connections to the Fort Worth system. It was the consensus of the City Council that the recommendation be adopted. C-19396 There was presented Mayor and Council Communication No. C- Halff Associates, 19396 from the City Manager recommending that the City Council Inc. authorize the City Manager to execute an engineering agreement with Halff Associates, Inc. for the General Support and Contract Administration Services for the Village Creek Wastewater Treatment Plant Biosolids Processing and Disposal Projects for a total fee not to exceed $221,310.00. It was the consensus of the City Council that the recommendation be adopted. C-19397 There was presented Mayor and Council Communication No. C- Ord. #15384 19397 from the City Manager recommending that the City Council: Colonial Country Club Streams & 1. Authorize the City Manager to execute an agreement with Valleys, Inc. Colonial Country Club for the use of a portion of Forest Park for a 45-day period related to the annual golf tournament in May; and 2. Authorize the City Manager to execute an agreement with Streams and Valleys, Inc. to accept $22,500.00 annually as a portion of the funds generated by the agreement to be direct toward parkland and river corridor improvements; and 3. Adopt Appropriation Ordinance No. 15384 increasing estimated receipts and appropriations in the Park Improvements Fund in the amount of $2,500.00 from available funds for the purpose of funding an agreement with Colonial Country Club for the use of Forest Park for the annual golf tournament and an agreement with Streams and Valleys, Inc. to accept a portion of the funds generated by the agreement to be directed toward river corridor improvements; and 4. Authorize this agreement to begin January 1, 2003, and expire December 31, 2007, with the option to renew for successive one year periods; and CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 28 of 35 5. Authorize closure of Rogers Road from Colonial Parkway to the entrance of the University Church parking lot from 7:00 a.m. to 7:00 p.m. during the week of the annual Colonial Golf Tournament. It was the consensus of the City Council that the recommendation be adopted. C-19398 There was presented Mayor and Council Communication No. C- Turner, Collie & 19398 from the City Manager recommending that the City Council Braden, Inc. approve an engineering services agreement with Turner, Collie & Braden, Inc. for the relocation of the existing Lancaster Avenue from Main Street to Jennings Avenue in the amount of $127,620.00. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-19399 There was presented Mayor and Council Communication No. C- City of Burleson 19399 from the City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with the City of Burleson for the provision of water and wastewater service to a portion of property located in the Gateway Station Addition. Council Member Davis made a motion, seconded by Council Member Haskin, that the recommendation be adopted. The motion carried unanimously. C-19400 There was presented Mayor and Council Communication No. C- Archer Western 19400 from the City Manager recommending that the City Council Contractors, Ltd. authorize the City Manager to execute a construction contract with Archer Western Contractors, Ltd. for construction of the Village Creek Wastewater Treatment Plant High Rate Clarification Improvements project on the low bid of $32,864,323.00. Council Member Moss made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. C-19401 There was presented Mayor and Council Communication No. C- Change Order#14 19401 from the City Manager recommending that the City Council to CSC #26482 - authorize the City Manager to execute Change Order No. 14 to Kinsel Industries, City Secretary Contract No. 26482, a construction contract with Inc. Kinsel Industries, Inc., for the North Holly Water Treatment Plant Improvements, Phase I, in the amount of $304,145.00, thereby increasing the contract amount to $21,305,470.91. Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 29 of 35 C-19402 There was presented Mayor and Council Communication No. C- Amend CSC 19402 from the City Manager recommending that the City Council #26341 — Cotton authorize the City Manager to execute the amendment to City Depot, LLC Secretary Contract No. 26341, a Tax Abatement Agreement with Cotton Depot, LLC, extending the amount of time required for completion for various real property improvements and revising the minimum cost required for those improvements. 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 Haskin, Moss, Picht, Wentworth, and Davis NOES: Council Member Silcox ABSENT: Council Member Lane C-19403 There was presented Mayor and Council Communication No. C- Amend CSC 19403 from the City Manager recommending that the City Council #19790 - authorize the City Manager to execute the amendment to City Motorola, Inc. Secretary Contract No. 19790, a Tax Abatement Agreement with Motorola, Inc. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Haskin, Moss, Picht, Wentworth, and Davis NOES: Council Member Silcox ABSENT: Council Member Lane C-19404 There was presented Mayor and Council Communication No. C- Bank One, N.A. 19404 from the City Manager recommending that the City Council find that the statements set forth in the recitals of the Tax Abatement Agreement with Bank One, N.A. (Bank One) and related findings of fact by the City Council are true and correct; and authorize the City Manager to enter into the Tax Abatement Agreement with Bank One. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 30 of 35 Mayor Barr and Council Members Haskin, Moss, and Davis disclosed that they had a banking relationship with Bank One. Council Member Davis made a motion, seconded by Council Member Moss, that the recommendation be adopted. The motion carried by the following vote: AYES: Mayor Barr; Mayor Pro tempore McCloud; Council Members Haskin, Moss, Wentworth, and Davis NOES: Council Members Silcox and Picht ABSENT: Council Member Lane P-9690 There was presented Mayor and Council Communication No. P- Interim Mainframe 9690, dated October 1, 2002, from the City Manager Operating recommending that the City Council authorize the City Manager Environment to execute a professional services contract with Avizion Support Technologies Group, Inc. for interim support of the City's mainframe computer operating environment at a cost not to exceed $153,600.00 for the Information Technology Solutions Department using State of Texas Catalogue purchasing procedures; and authorize the contract to begin October 1, 2002, and expire September 30, 2003. Council Member Davis asked staff if they had evaluated outsourcing alternatives now that Avizion had completed update of the City's system. David Miller, IT Solutions Chief Information Officer, informed the Council that the purpose of this contract was to maintain the environment on the operating system. He further stated that outsourcing was a possible option. He added that the contract with Avizion was for one year and that bids for outsourcing had been received and a decision would be made sometime within the first quarter of 2003. However, if a decision is made not to outsource then a RFP would be issued immediately. Council Member Davis made a motion, seconded by Council Member Wentworth, that the recommendation be adopted. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 31 of 35 Public Hearing It appeared that the City Council set today as the date for a public Continued Until hearing for Appeal of the Order of the Building Standards January 7, 2003 Commission regarding 3112 North Pecan Street. Mayor Barr asked if there was anyone present desiring to be heard. Mr. Carl Smart, Code Compliance Director, appeared before Council, and stated that this property was in Council Member Lane's district and requested Council continue this case until January 7, 2003. There being no one present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 3112 North Pecan Street, Council Member Davis made a motion, seconded by Mayor Pro tempore McCloud, that the public hearing be continued until January 7, 2003. The motion carried unanimously. Public Hearing It appeared that the City Council set today as the date for a public 2216 Mitchell hearing for Appeal of the Order of the Building Standards Boulevard Commission regarding 2216 Mitchell Boulevard. Mayor Barr HS-92-311 asked if there was anyone present desiring to be heard. Mr. Carl Smart, Code Compliance Director, appeared before Council, gave a staff report, and requested that Council uphold the decision of the Building Standards Commission by assessing a civil penalty of $2,850.00. Eduardo Diaz Mr. Eduardo Diaz, 3717 Griggs Avenue, appeared before Council in opposition of the civil penalty. He stated that the delay in repair of the property was due to his tools being stolen from the work site and illness of his father who also was the site manager. He added that he misunderstood provisions of the civil penalty and thought he would not be fined if he completed repair on the property within the three months granted by the Building Standards Commission. Mr. Smart provided rebuttal and stated that the Building Standards Commission was very clear on the conditions of repair; however, all repairs had been completed and permits issued by the City. There being no one else present desiring to be heard in connection with the Appeal of the Order of the Building Standards Commission regarding 2216 Mitchell Boulevard, Council Member Moss stated that theft of property was typical in this area of the City and it was evident that Mr. Diaz did not CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 32 of 35 understand the overall process. He made a motion, seconded by Council Member Davis, that the public hearing be closed and that Council uphold the decision of the Building Standards Commission by assessing a civil penalty of $950.00. The motion carried unanimously. ZC-02-277 It appeared that the City Council, at its meeting of December 10, Approved 2002, continued the hearing of the application of Rita K. Beck, Trustee and Bryan Commercial Partners, Ltd., for a change in zoning of property located in the 13100-13400 block of South Pipeline Road from "E" Neighborhood Commercial, "FR" General Commercial Restricted and "I" Light Industrial to "A-5" One- Family, Zoning Docket No. ZC-02-277. Mayor Barr asked if there was anyone present desiring to be heard. Jim Schell Mr. Jim Schell, 901 Fort Worth Club, representing the applicant, appeared before Council in support of the zoning change. There being no one else present desiring to be heard in connection with the application of Rita K. Beck, Trustee and Bryan Commercial Partners, Ltd., Council Member Moss made a motion, seconded by Council Member Davis, that the Zoning Hearing be closed and that Zoning Docket No. ZC-02-277 be approved by amending the zoning request to "A-5" One-Family on all property except Lots 8 through 15, Block 2, Trinity Glen Addition, which would be zoned "PD/SU" Planned Development/Specific Use for all uses in "A-5" One-Family with structures limited to one story and waiver of site plan. The motion carried unanimously. Zoning Hearing It appeared to the City Council that Notice of Public Hearing set today as the date for the hearing in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, and that notice of the hearing had been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth on November 22, 2002. Mayor Barr asked if there was anyone present desiring to be heard. ZC-02-288 Council Member Haskin made a motion, seconded by Council Approved Member Davis, that the application of Northwest Independent School District for a change in zoning of property located at 1800 State Highway 114 from "AG" Agricultural to "PD/SU" Planned Development/Specific Use for administration office, and waiver of site plan recommended, Zoning Docket No. ZC-02-288, be approved. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 33 of 35 ZC-02-271 Council Member Haskin, on behalf of Council Member Lane, made Set for Special a motion, seconded by Council Member Moss, that the Hearing on application of Beechwood Business Park Joint Venture for a January 14, 2003 change in zoning of property located at the southeast corner of State Highway 114 and FM 156 from "K" Heavy Industrial to "R-2" Townhouse/Cluster Residential, "G" Intensive Commercial and "A-5" One-Family, Zoning Docket No. ZC-02-271, be set for a special hearing on January 14, 2003. The motion carried unanimously. Susan Mead Ms. Susan Mead, 201 Main Street #600, representing the applicant, appeared before Council in opposition of the denial. Russell Laughlin Mr. Russell Laughlin, 3717 Fox Hollow, appeared before Council in support of the denial. Mayor Barr asked staff to facilitate a dialog between these two entities and to brief the City Council at the next Pre-Council meeting. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Haskin made a motion, seconded by Council Member Moss, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 15385 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously. CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 34 of 35 Citizen The following citizens appeared before Council relative to Presentations disparities in the numbers of unsolved murders in the City and requested the creation of a Cold Case Unit to specifically work unsolved murders. Renee Estrada, Ms. Renee Estrada 2809 W. 5t" Street Hector Carrillo, Mr. Hector Carrillo 740 N. Sylvania Al Saldivar, Mr. Al Saldivar P.O. Box 6891 Ernest Mackey, Mr. Ernest Mackey 2700 Carnation Street Smiley Zapata Mr. Smiley Zapata P.O. Box 1853, Granbury, Texas Council Member Davis stated that she was still confused with the information from these citizens and that provided by staff. She asked Assistant City Manager Libby Watson to provide a report to the Council explaining the discrepancy in numbers of unsolved murders. She also asked for an explanation of the difference between a Cold Case and a case that was solved but no one had been arrested, prosecuted, or gone through the penal system. Mayor Barr stated that the numbers needed to be locked down and if they could not all be documented, then it must be so stated. He added that if the records don't exist they don't exist, but that the numbers needed a firmer resolution and requested that strategy be developed to resolve the discrepancies. He asked Mr. Carrillo that if the information he presented existed in electronic format, to please provide a copy to the City Manager. Executive It was the consensus of the City Council that they recess into Session Executive Session at 12:45 p.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Restaurant Associates v. Board of Adjustment and City of Fort Worth, Cause No. 096-191875-02; b) Bradley W. Hickey, et al v. City of Fort Worth, Cause No. 348-185345-00; c) Legal issues concerning the Martha Lane drainage channel; CITY COUNCIL MEETING FORT WORTH, TEXAS DECEMBER 17, 2002 PAGE 35 of 35 d) Legal issues concerning any City Council agenda item; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1;43 p.m. C-19370 There was presented Mayor and Council Communication No. C- Terminate CSC 19370, dated November 26, 2002, from the City Manager #27565 — Rope recommending that the City Council authorize the City Manager Construction, Inc. to terminate City Secretary Contract No. 27565 with Rope Construction, Inc. for water and sewer replacements in White Settlement Road from University Drive to Westview Avenue. Council Member Wentworth made a motion, seconded by Council Member Davis, that the recommendation be adopted. The motion carried unanimously. Adjournment There being no further business, the meeting was adjourned at 1:44 p.m.