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HomeMy WebLinkAbout2008/01/22-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Joel Burns, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:03 a.m. on Tuesday, January 22, 2008, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item II The invocation was given by Chaplain Mitch Felder, Fort Worth Police Invocation Department. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Jordan, the minutes of the regular meeting of January 15, 2008, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Preceding the following presentation Mayor Moncrief raised awareness to the Special plight of hunger in Tarrant County. He stated that the Souper Bowl of Caring Presentations was an exciting and new way to fight hunger and poverty in the City. He added that the food drive began on January 9, 2008 and would continue through February 3, 2008. He encouraged everyone to participate in this effort and that the goal of the program was to raise 2M pounds in food donations that would benefit the Tarrant Area Food Bank. He added that anyone interested in donating cash or non-perishable food items could do so at Albertson's, Tom Thumb, Central Market or Kroger food stores or to access the program's website at www.souperbowl.org. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 2 of 16 Mr. Bo Soderberg, representing the Tarrant Area Food Bank, expressed appreciation to the Mayor and Council for their support of the Tarrant Area Food Bank. He pointed out that there were over 700,000 individuals living in poverty in the Metroplex and expressed appreciation for the City of Fort Worth for setting the example of donations during the Food Bank's annual food drives. Mayor Moncrief and Council Members presented canned goods to Mr. Soderberg to show their support of the event. Scott LaChance, Tarrant County Manager for Half Price Books, announced the Kicking-Off of the Tenth Annual Half Price Books Half Pint Library Book Drive. He stated that the drive began on February 11, 2008, and would continue through March 21, 2008. He added that most of the gently used books were taken to Cook's Children's Hospital for the children to read and encouraged everyone to donate new or gently used books. Mayor Moncrief presented books to kick off the campaign. Agenda Item VI Council Member Scarth expressed appreciation to City staff for doing an Announcements excellent job providing information during the District 4 Town Hall meeting on January 17, 2008. He also announced that on January 24, 2008, beginning at 6:00 p.m. at the Inn Suites, the Corps of Engineers would be taking public comment on the Gateway Park Addition to the Trinity Uptown Project and encouraged everyone to attend. Council Member Jordan reminded everyone that a District 6 Town Hall meeting would be conducted on February 4, 2008, at 7:00 p.m. at North Crowley High School. He added there would be updates provided by City staff on various topics ranging from the 2008 Bond Program, parks, natatorium and other issues. Council Member Jordan also stressed the importance of the Half Price Books Half Pint Library Book Drive and stated that introducing children to books at an early age was critical to their development. Council Member Moss expressed appreciation to everyone who participated in the workshop on making healthy food choices that was conducted at the Minyard's Food Store at 4245 East Berry Street on January 19, 2008. He stated that the workshop was excellent and that people participated from all over the City. He also announced that a Community Police Forum would be conducted on January 28, 2008, from 7:00 p.m. to 8:00 p.m. at Dunbar High School, 5700 Ramey Avenue, and encouraged all District 5 residents to attend and provide input. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 3 of 16 Council Member Espino stated that on January 18, 2008, during the Stock Show, the Hispanic Chamber of Commerce celebrated its 25th Anniversary Fiesta Night. He congratulated the Chamber and the Stock Show for the great tradition that celebrated the City's western culture and heritage. He also announced that on January 26, 2008, Latinos Unidos, an association of eleven elected Hispanic officials in Tarrant County, and the Fort Worth Hispanic Chamber were sponsoring a breakfast at the Intermodal Transportation Center. He added that registration would begin at 8:30 a.m. with the breakfast at 9:00 a.m. and stated that Fernando Costa, Planning and Development Department Director, would provide a presentation. He encouraged all interested citizens to participate and to secure a reservation by contacting contact the Fort Worth Hispanic Chamber of Commerce at (817) 625-5411. City Manager Boswell announced that after 17 years of dedicated service to the City, Assistant City Manager Libby Watson would retire on January 31, 2008. He stated that today was supposed to be the last Council meeting she attended; however, she was unfortunately attending to another crisis at her home. He expressed appreciation to her for her many years of service to the City and to him personally, especially the past three years while he had been City Manager. He praised her expertise on Emergency Management issues and her passionate involvement with Early Childhood Development. He extended well wishes to her in future endeavors. Mayor Moncrief stated that he had been pleased to work with someone of Assistant City Manager Watson's caliber and made special note of her expertise during Hurricane Katrina efforts. He added that she would leave very big shoes for her replacement to fill. Agenda Item VII Council Member Silcox requested that Mayor and Council Communication No. Withdrawn from P-10715 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ G-16018 and the original G-16019 be withdrawn from consideration. He Withdrawn By advised that Council would take action on Mayor and Council Communication Staff G-16019 (Revised). Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Espino, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 4 of 16 OCS-1641 M&C OCS-1641 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. OCS-1642 M&C OCS-1642 from the Office of the City Secretary recommending that the Liability Bonds City Council authorize the acceptance of these liability bonds as follows: PARKWAY CONTRACTOR INSURANCE COMPANY Acoustical Control, Inc. Old Republic Insurance Company Affordable Concrete Merchants Bonding Company Cheldan Homes, LP RLI Insurance Company Cowboy Concrete Merchants Bonding Company Diego Gomez Construction CNA Surety Dwain Montanez Merchants Bonding Company Enterprise Concrete, LP United Fire & Casualty Company Felipe Aguillon RLI Insurance Company Five Ladies Construction RLI Insurance Company Flint Energy Services, Inc. American Casualty Company Flornoral Young Western Surety Company Gabreil Perez RLI Insurance Company Gene's Concrete RLI Insurance Company JM Builders RLI Insurance Company JMC Concrete, Inc. Western Surety Company Kaufman Company Merchants Bonding Company Kenneth Burkham State Farm Fire and Casualty Company Kevin Kopf Masonry Western Surety Company LR Concrete Construction RLI Insurance Company Luis Gonzalez Western Surety Company Maraqa Construction, Inc. Western Surety Company Mechanical Partners, Inc. Merchants Bonding Company RIM Contractors, LP Fidelity and Deposit Company of Maryland Ruben Zubia Western Surety Company S&B Concrete CNA Surety S&S Concrete Contractors,Inc. SureTec Insurance Company Stovall Construction, Inc. RLI Insurance Company Striland Construction, Inc. First National Insurance Company of America Vector Builders, Ltd. Old Republic Surety Company Vendigm, LLC American States Insurance Company CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 5 of 16 G-16023 M&C G-16023 - Adopting Appropriation Ordinance No. 17951-01-2008 Ord. No. 17951-01- increasing estimated receipts and appropriations in the Capital Projects Reserve 2008 Fund in the amount of $27,500.00 from available funds for the purpose of Ord. No. 17952-01- transferring said funds to the General Fund; authorizing the transfer of 2008 $27,500.00 from the Capital Projects Reserve Fund to the General Fund; Upgrade Vent-a- adopting Supplemental Appropriation Ordinance No. 17952-01-2008 increasing Hoods at Various Fire Stations estimated receipts and appropriations in the General Fund in the amount of $27,500.00 from available funds, for the purpose of funding upgrades to vent-a- hoods at various fire stations; and approving the use of up to $27,500.00 for upgrades to vent-a-hoods at various fire stations. G-16024 M&C G-16024 - Authorizing the City Manager to execute an agreement in the Extend Permanent amount of $113,810.22 with ONCOR Electric Delivery Company for the Electric Service to extension of permanent electric service to the newly-constructed Sendera Ranch Sendera Ranch Pump Station and Ground Storage Tank Facility. Pump Station and Ground Storage Tank Facility P-10716 M&C P-10716 - Authorizing primary and secondary purchase agreements for Hazardous Tree hazardous tree removal and disposal services with Big Bird Tree Service, Inc., Removal and and Shawnee Mission Tree Service, Inc., respectively, for the Parks and Disposal Services Community Services Department; and authorizing the City Manager to execute interlocal agreements allowing other local governments to participate in this bid award in accordance with Local Government Code, Chapter 271.102, "Cooperative Purchasing Program Participation." P-10717 M&C P-10717 - Authorizing the purchase of one new SVI Spartan Motors Ord. No. 17953-01- Mobile Fire Command Center through Houston-Galveston Area Council 2008 Contract No. FS12-05 with Metro Fire Apparatus Specialist, Incorporated, for SVI Spartan the Fire Department for a cost not to exceed $881,621.00 with payment due Mobile Fire within 30 days of the date of the invoice; and adopting Appropriation Ordinance Command Center No. 17953-01-2008 increasing estimated receipts and appropriations in the New Equipment Purchase Fund in the amount of$881,621.00 to be obtained through the City's Equipment Notes Program approved by City Council on February 9, 1999, (M&C G-12462) by Ordinance No. 13701, for the purpose of funding the purchase of one new SVI Spartan Motors Fire Command Center through a Houston-Galveston Area Council Contract with Metro Fire Apparatus Specialist, Inc., for the Fire Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 6 of 16 P-10718 M&C P-10718 - Authorizing the purchase of one new John Deere 544J front John Deere 544J loader from RDO Equipment Company using Texas Association of School Front Loader Boards contract for the Transportation and Public Works Department for an amount not to exceed $126,158.60, with payment due 30 days of receipt of the invoice. L-14463 M&C L-14463 - Authorizing the conveyance of one Electric Utility Easement Convey Electric and right-of-way described as being a portion of Lots 1 and 2, Ross Heights Utility Easement Addition, Tarrant County, Texas, to Oncor Electric Delivery Company on City- and Right-of-Way owned property on Gendy Street in the Cultural District of Fort Worth (DOE on City-Owned 5608), required for the installation, operation, maintenance, upgrade and repair Property of transmission, distribution and communication cables to serve the Fort Worth Museum of Science and History and the Will Rogers Memorial Center Complex and find the amount of$10.00 is just compensation. L-14464 M&C L-14464 - Authorizing the direct sale of two tax-foreclosed properties, one Sale of Tax- described as the south 50 feet of Lots 9 and 10, Block 19, Harlem Hills Addition Foreclosed I, located at 4709 Horne Street for the amount of $6,016.00 and the other Property described as Lots 31 and 32, Block 47, Chamberlain Arlington Heights 2"d Addition, located at 5516 Wellesley Avenue, for the amount of$4,036.60, both properties in Fort Worth, Tarrant County, Texas, in accordance with Section 34.05 of the Texas Property Tax Code to Opening Doors for Women in Need; and authorizing the City Manager to execute and record the appropriate instruments (DOE 920) conveying the properties to complete the sale. L-14465 M&C L-14465 - Authorizing the City Manager to enter into a Pipeline Crossing Pipeline Crossing License Agreement with Union Pacific Railroad Company for a 12-inch water License Agreement pipeline located at Milepost 241.73 (DOE 5630, No. 02449-29), for a one-time for Water Pipeline cost of$2,540.00. C-22626 M&C C-22626 - Authorizing the City Manager to execute a work order with Job Alpha Building Order Contractor, Alpha Building Corporation, in the amount of $25,733.00 to Corporation repair the parking garage on 10th Street and Taylor Street. C-22627 M&C C-22627 - Authorizing the City Manager to execute an Engineering TranSystems Services Agreement with TranSystems Corporation, d/b/a TranSystems Corporation, d/b/a Corporation Consultants of Fort Worth, Texas, for engineering services related TranSystems to the Bridge Maintenance Program based on hourly rates not to exceed Corporation $150,000.00. Consultants of Fort Worth, Texas CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 7 of 16 C-22628 M&C C-22628 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 35377 with McClendon Construction Company, 1 to CSC No. 35377 Inc., for Pavement Reconstruction and Water and Sanitary Sewer Replacement - McClendon on Clinton Avenue and Gould Avenue (Project No. 00297) in the amount of Construction $39,259.50, thereby increasing the contract amount to $741,467.50. Company, Inc. C-22629 M&C C-22629 - Authorizing the City Manager to execute Amendment No. 9 to Amendment No. 9 City Secretary Contract No. 27553 with Prime Strategies, Inc., in the amount of to CSC No. 27553 - $800,000.00 for State Highway 121 Southwest Parkway project management Prime Strategies, services. Inc. C-22630 M&C C-22630 - Authorizing the City Manager to execute a lease agreement for Estate of Dwight approximately 12,900 square feet of improved property located at 2822 West 5th Chandler,Acting Street and unimproved property located at 2901 Merrimac Street, from the Estate By and Through of Dwight Chandler, acting by and through Linda Gail Grimes, Executrix, for the Linda Gail Grimes, police Fleet Operations Center at a cost of$5,106.25 per month. Executrix C-22631 M&C C-22631 - Authorizing the City Manager to execute an agreement for SecureWorks, Inc., enterprise security monitoring, intrusion prevention, firewall management, Formerly LURHQ, vulnerability scanning and threat intelligence services with SecureWorks, Inc., Inc. formerly LURHQ, Inc., for the Water Department network infrastructure at an estimated cost of $132,479.00; and authorizing this agreement to begin January 22, 2008, and expire January 21, 2009, with one option to renew for an additional one-year period. C-22632 M&C C-22632 - Authorizing the City Manager to execute an engineering Alan Plummer agreement with Alan Plummer Associates, Inc., for the Regional Wastewater Associates, Inc. Treatment Plant Sites Evaluation and Selection Study, in the amount of $145,751.00; and authorizing entering into an interlocal agreement with the City of Aledo (City Project No. 00970) to provide for cost participation of 35 percent of this engineering agreement. C-22633 M&C C-22633 - Authorizing the City Manager to execute a contract with Ord. No. 17954-01- Northstar Construction, Inc., in the amount of $670,000.00 for Splash Pad 2008 Improvements at Sycamore Park; and adopting Appropriation Ordinance No. Northstar 17954-01-2008 increasing estimated receipts and appropriations in the Park Gas Construction, Inc. Lease Project Fund in the amount of $206,174.00 from Gas Well Royalty Revenue for the purpose of executing a contract with Northstar Construction, Inc., for Splash Pad Improvements at Sycamore Park. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 8 of 16 The motion carried. End of Consent Agenda. Agenda Item X Mayor requested Council consideration for the following appointments: Presentations by City Council a. Council Member Scarth as Chair of the Legislative and Intergovernmental Affairs Committee b. Council Member Burns to the Legislative and Intergovernmental Affairs Committee c. Council Member Espino as Chair of the Infrastructure and Transportation Committee d. Council Member Burns to the Infrastructure and Transportation Committee e. Mayor Pro tem Hicks as Vice Chair of the Audit and Finance Committee f. Council Member Silcox to the Audit and Finance Committee g. Council Member Silcox to the Municipal Court Committee h. Council Member Espino to the Regional Transportation Council Council Member Burns made a motion, seconded by Council Member Espino, that the appointments of Council Members to the various committees as indicated above be approved effective January 22, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution of the City Council of the City of Fort Worth, Res. No. 3573-01- Texas, appointing Frank Moss, Council Member in District 5, to the Board of 2008 Directors for the following corporations and authorities, effective Appoint Council January 22, 2008, and with terms expiring July 1, 2009: Member Moss to Board of Directors Service Center Relocation, Inc. for Various Corporations and Trinity Housing Finance Corporation Authorities Council Member Espino made a motion, seconded by Council Member Jordan, that Resolution No. 3573-01-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3574-01- There was presented a resolution of the City Council of the City of Fort Worth, 2008 Texas, appointing Joel Burns, the newly elected Council Member in District 9, to Appoint Council the Board of Directors for the following corporations and authorities, effective Member Burns to January 22, 2008, and with terms expiring as indicated: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 9 of 16 Board of Directors Corporation/Authority Expiration of Term for Various Corporations and Fort Worth Housing Finance Corporation July 1, 2009 Authorities Fort Worth Local Development Corporation July 1, 2009 Service Center Relocation, Inc. July 1, 2009 Sunbelt Industrial Development Authority May 31, 2009 Trinity Housing Finance Corporation July 1, 2009 Council Member Silcox made a motion, seconded by Council Member Espino, that Resolution No. 3574-01-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-16018 It was the consensus of the City Council that Mayor and Council Reliable Paving, Communication No. G-16018, dated January 15, 2008, Authorizing Execution of Inc.—Withdrawn a Contract with Reliable Paving, Inc., through a Tarrant County Contract to from Repair the Parking Lots for the Police Department West Division Headquarters Consideration Located at 3525 Marquita, be withdrawn from consideration. G-16019 It was the consensus of the City Council that Mayor and Council Initiate Rezoning Communication No. G-16019, dated January 15, 2008, Authorize the City of Certain Manager to Initiate Rezoning of Certain Properties in the Six Points Urban Properties in Village in Accordance with the Six Points Urban Village Master Plan and the Accordance with Comprehensive Plan, be withdrawn from consideration. Six Points Urban Village Master Plan—Withdrawn from Consideration G-16019 Revised There was presented Mayor and Council Communication No. G-16019 Revised Initiate Rezoning from the City Manager recommending that the City Council authorize the City of Certain Manager to initiate certain zoning changes from "CF" Community Facilities, Properties in "B" Two Family, "C" Medium Density Multifamily, "E" Neighborhood Accordance with Commercial, "MU-1" Low Intensity Mixed Use, "F" General Commercial, "P' Six Points Urban Light Industrial, "J" Medium Industrial and "PD" Planned Development to Village Master "MU-I" Low Intensity Mixed Use for the Six Points Urban Village in Plan and Comprehensive accordance with the Six Points Urban Village Master Plan and the Plan Comprehensive Plan. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 10 of 16 Council Member Espino made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-16019 Revised be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-16025 There was presented Mayor and Council Communication No. G-16025 from the Ord. No. 17955-01- City Manager recommending that the City Council adopt an ordinance amending 2008 Chapter 6 "Animals and Fowl" of Article I, Section 6-1 "Definitions" of the City Amend Chapter 6, Code to add definitions and Article II, Section 6-13 "Restraint of Animals" of Article I, Section 6- the City Code to provide additional requirements and regulations for unattended 1 and Article II, tethering of dogs; providing specifications; providing for exceptions. Section 6-13 of City Code- inda Schulko Ms. Linda Schulko, 6329 Wallingford Drive, appeared before Council in support of the ordinance. She summarized the abuse of animals she had observed from unattended tethering and pointed out the injuries and deaths caused by tethering. She expressed appreciation to the Council and City staff for their proactive action on this issue. Mayor Moncrief recognized Ms. Schulko for her caring attitude and contribution to the City. He added that anyone caught tethering an animal should be tethered themselves. Mayor Moncrief recognized the following individuals in the audience who did not wish to speak but supported the ordinance: Suzette Watkins, Ms. Suzette Watkins 1801 Bomar Avenue Jay Sabatucci, Mr. Jay Sabatucci 6815 Manhattan Blvd., Ste 102 James Sheppard Mr. James Sheppard 159 Parkway Drive Council Member Silcox stated that better enforcement of this issue needed to be done by the Code Compliance Department. He stressed the importance of having animals spayed or neutered to reduce the amount of unwanted or stray animals and pointed out that having animals spayed or neutered would assist in decreasing housing costs at the Animal Control Center. Mayor Pro tem Hicks stated that the pictures she had seen of tethered animals were horrific and expressed appreciation to City staff for moving forward on this issue so quickly. Council Member Scarth stated that he would like to see the City pursue an educational campaign to advise citizens on this new ordinance and on the proper care of pets, licensing, etc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 11 of 16 Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-16025 be approved and Ordinance No. 17955-01-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-16026 adopt an ordinance concerning renewal of the Rolling Hills Neighborhood Ord. No. 17956-01- Empowerment Reinvestment Zone No. 8. Mayor Moncrief opened the public 2008 hearing and asked if there was anyone present desiring to be heard. Renew Rolling Hills Ms. Sarah Odle, Administrative Assistant, Housing Department, appeared before Neighborhood Council, gave a staff report and called attention to Mayor and Council Empowerment Reinvestment Zone Communication No. G-16026, as follows: No. 8 There was presented Mayor and Council Communication No. G-16026 from the City Manager recommending that the City Council hold a public hearing concerning the renewal of the Rolling Hills area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 8; and adopt an ordinance renewing and re-designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 8, 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. There being no one present desiring to be heard in connection with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the public hearing be closed, Mayor and Council Communication No. G-16026 be approved and Ordinance No. 17956-01-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. P-10715 There was presented Mayor and Council Communication No. P-10715 from the Mowing and City Manager recommending that the City Council authorize non-exclusive Clean-Up Services purchase agreements to provide mowing and clean-up services for private-owned properties with R.E. Scroggins, New Era Contract-Services and Lawn Patrol Services, Inc., for the Code Compliance Department, based on the three lowest bids received with payments due 30 days after receipt of invoices. Council Member Silcox stated that he hoped the Code Compliance Department had included in the agreement that the company would be responsible for ensuring that grass clippings and leaves debris were not blown into the streets and if they were that the contractor had to clean up the debris. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 12 of 16 Mr. Brandon Bennett, Code Compliance Department Assistant Director, confirmed that such a provision was in the contract and added that the department had planned on having an annual briefing with the contractors in March to remind them of that contract requirement. Council Member Silcox stated that he had seen citizens and contractors blow grass clippings and leaves into the streets and stated that there needed to be a way of getting the message out to residents about this illegal activity that was punishable by a fine. He added that it also was a burden on the taxpayers of the City to clean out storm drainage system that had been clogged by grass clippings and leaves. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. P-10715 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2769 There was presented Mayor and Council Communication No. PZ-2769 from the Ord. No. 17957-01- City Manager recommending that the City Council adopt an ordinance vacating 2008 and extinguishing a portion of East Daggett Avenue between South Calhoun Street and Alley Street and the alley in Blocks 5 and 10, Daggett's Second Addition, out of the Vacation J.H. Childress Survey, Abstract No. 250, City of Fort Worth, Tarrant County, (VA-07-009) Texas; and waive any and all purchase fee value of the vacated land in accordance with City policy (M&C G-15624). Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. PZ-2769 be approved and Ordinance No. 17957-01-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2770 There was presented Mayor and Council Communication No. PZ-2770 from the Res. No. 3575-01- City Manager recommending that the City Council approve a resolution 2008 amending the City of Fort Worth's annexation plan to remove an approximately Remove Land from 23 acre tract of land located south of Timberland Boulevard and west of Annexation Plan Ridgeview Circle, situated in the Francisco Cuella Survey, Abstract No. 266, Tarrant County, Texas, from the plan. Council Member Espino made a motion, seconded by Council Member Burns, that Mayor and Council Communication No. PZ-2770 be approved and Resolution No. 3575-01-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 13 of 16 PZ-2771 There was presented Mayor and Council Communication No. PZ-2771 from the Ord. No. 17958-01- City Manager recommending that the City Council institute and consider the 2008 adoption of an ordinance declaring certain findings; providing for the extension Owner Initiated of certain boundary limits of the City of Fort Worth; providing for the Annexation annexation of an approximately 23.0 acre tract of land situated in the Francisco (AX-07-008,Keller Cuella Survey, Abstract No. 266, situated about 13.0 miles north 10 degrees east ISn) of the courthouse, Tarrant County, Texas (Case No. AX-07-008, Keller ISD), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. PZ-2771 be approved and Ordinance No. 17958-01-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22634 There was presented Mayor and Council Communication No. C-22634 from the Range Production City Manager recommending that the City Council authorize the City Manager Company to execute a Public Right-of-Way Use Agreement with Range Production Company that grants Range Production Company a license to use a certain public right-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline across Will Rogers Boulevard. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22634 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22635 There was presented Mayor and Council Communication No. C-22635 from the Oscar Renda City Manager recommending that the City Council authorize the City Manager Contracting, Inc. to execute a contract with Oscar Renda Contracting, Inc., in the amount of $2,146,057.50 for M-244B Emergency Sanitary Sewer Rehabilitation (City Project No. 00834). Council Member Moss made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22635 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 14 of 16 C-22636 There was presented Mayor and Council Communication No. C-22636 from the Ord. No. 17959-01- City Manager recommending that the City Council authorize the City Manager 2008 to execute a professional services agreement with Huitt-Zollars, Inc., in the Huitt-Zollars, Inc. amount of$34,731.00 for the master planning of Mallard Cove Park; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Park Gas Lease Project Fund in the amount of $38,731.00 from Gas Well Bonus Revenues for the purpose of executing a professional services agreement with Huitt-Zollars, Inc., for the master planning of Mallard Cove Park. Council Member Scarth made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22636 be approved and Appropriation Ordinance No. 17959-01-2008 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Continued Zoning It appeared that the City Council, at its meeting of January 15, 2008, continued Case the hearing of the application of RP Partners, Ltd., et al., for a change in zoning ZC-07-216 of property located at 1651 South University Drive, 1605 West Bank Circle and SP-07-059 1701 River Run from "G" Intensive Commercial to "PD/G" Planned Continued Until Development for "G" Intensive Commercial, plus hotel and residential with January 29, 2008 waivers to the off street parking and loading requirements, and allow for 50 percent of the south and west facades of Building "C" (parking garage) to be used as a projection surface for art or signage; no electric changeable copy sign, and with site plan required for retail, office, hotel and residential, Zoning Docket No. ZC-07-216 and Site Plan No. SP-07-059. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of RP Partners, Ltd., et al., Council Member Burns made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-216 and Site Plan No. SP-07-059 be continued until the January 29, 2008, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XVI Mayor Moncrief recognized Mr. Charles J. Walch, 2706 Treeview Drive, Citizen Arlington, Texas, as wishing to appear before the Council relative to Presentations $100,000,000.00 for the dredging of Lake Worth; however, Mr. Walch was not Charles J. Walch present in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22, 2008 PAGE 15 of 16 Joe Waller Mr. Joe Waller, 2533 Castle Circle, President of the Lake Worth Alliance, appeared before Council and advised that Mr. Walch and other individuals who were curious about the dredging of Lake Worth should access the Alliance's website at www.LakeWorthAlliance.net to obtain more information and learn about studies done on this process. He also inquired if it would make sense to have different type of requirements for gas drilling for environmentally sensitive areas such as Lake Worth. He pointed out that gas drillers were required to use closed loop systems for high impact gas wells and there may be situations where the harvesting of minerals where closed loop systems were not used because the drilling did not fall within a particular category. Council Member Silcox stated that Mr. Waller's suggestion needed to be forwarded to the Gas Well Task Force as an item for review. Mayor Pro tem Hicks concurred with Council Member Silcox's suggestion and expressed appreciation to Mr. Waller for his nice message to her last week. Agenda Item XVII It was the consensus of the City Council that they recess into Executive Session Executive Session at 10:46 a.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) City of Fort Worth v. Arcadia Park, L.P., and Site Concrete, Inc., Cause No. 153-222641-07; b) Legal issues concerning premature street failures; c) Legal issues concerning gas drilling and related activities; d) Legal issues related to code enforcement; e) Legal issues related to the City of Fort Worth Employees' Retirement Fund; f) Legal issues concerning meet and confer negotiations; g) Legal issues concerning any item listed on today's City Council meeting agendas; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 22,2008 PAGE 16 of 16 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 12:15 p.m. Agenda Item There being no further business, the meeting was adjourned at 12:15 p.m. XVIII Adjournment These minutes approved by the Fort Worth City Council on the 29th day of January, 2008. Attest: Approved: Marty He rix Michael J. M n rief City Secretary Mayor