HomeMy WebLinkAbout2007/02/20-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
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 Donavan Wheatfall, District 5
Council Member Jungus Jordan, District 6
Council Member Carter Burdette, District 7
Council Member Wendy Davis, 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 10:29 a.m. on Tuesday, February 20, 2007, in the
City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas
76102, with Council Member Davis temporarily absent.
Agenda Item H The invocation was given by Father Chris Jambor, All Saints Episcopal Church.
Invocation
Agenda Item III The Pledge of Allegiance was recited.
Pledge
(Council Member Davis assumed her place at the dais.)
Agenda Item IV Upon a motion of Council Member Jordan, seconded by Council Member
Approval of Espino, the minutes of the regular meeting of February 6, 2007, were approved
Minutes unanimously nine (9) ayes to zero (0) nays.
Agenda Item V Mr. Gene Long, representing the Tarrant/Dallas County Toy Run presented a
Special plaque to the City in appreciation of the City's support of the Toy Run.
Presentations
Council Member Jordan presented a Proclamation for Peace Corps Week to Mr.
David Nolan, representing the Peace Corps.
Council Member Davis presented a Proclamation for Small Business Month to
Ms. Catherine Simpson, Director of the Fort Worth Women's Business
Assistance Center.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 2 of 32
Council Member Silcox presented a Proclamation for Severe Weather
Awareness Week to Mr. Juan Ortiz, Emergency Management Coordinator.
Summer Wilhelm, Emergency Management Officer II, provided a PowerPoint
presentation that would be used as a regional educational program within
Tarrant County and Fort Worth.
Mayor Moncrief expressed appreciation for taking this message to the public
for preparedness. He stated that the City's Cable programs was viewed by a lot
of citizens and suggested having a presentation on the Cable channel that would
take this message more globally throughout the region.
Council Member Silcox stated that a reminder needed to be placed on the Cable
channel announcing that effective March 1, 2007, the City's cable channel
would move from Channel 7 to Channel 27.
Agenda Item VI Mayor Pro tem Hicks announced that a Riverside Gateway Park Improvement
Announcements meeting would be held on Saturday, February 24, 2007, at the Andrew "Doc"
Sessions Community Center, 201 S. Sylvania Avenue, at 1:30 p.m. to
accommodate the schedules of Congressman Michael Burgess and
Congresswoman Kay Granger who will be at this meeting. She stated that from
12:30 p.m. to 1:30 p.m. an open house would be held to allow the public to go
over the proposed changes. She also expressed appreciation to the Community
Relations Department and Library Department for all their work and
preparation of a great African American History breakfast program last week.
She stated that she learned a lot about early African American Fort Worth and
Fort Worth history and thanked Mayor Moncrief and Council Member Jordan
for attending with her and Council Member Wheatfall. She also expressed
appreciation to the City staff and the Code Compliance Department for the
recent work they did on the Hillside Bulky Waste Initiative. She stated that she
and her aide were out in the community earlier this month and that the Fire
Department installed 91 smoke detectors and replaced dead batteries, began
cleaning up alleys in the area, picked up stray and loose animals and also
distributed numerous educational handouts. She added that overall, 473
properties were visited and almost 300 residents were contacted in the area.
Council Member Jordan stated that he tried to make a practice of attending as
many Police and Fire Academy graduations as possible and on February 16,
2007, he attended the graduation ceremony of Class 115. He added that the
quality of Police Officers the City was getting rivaled those of the professional
Firefighters and Police that were already serving the City. He further stated
that the class contained 29 men and women that presented some of the best and
brightest who set a new standard for the City of Fort Worth.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 3 of 32
Council Member Davis expressed appreciation to the City staff that supported
the District 9 Town Hall meeting on February 9, 2007. She stated all the
Assistant City Managers, City Manager Boswell, Mayor Moncrief and several
Department Directors were also present and that she had received a lot of input
from District 9 residents.
Council Member Burdette recognized Ms. Shelley Harper and Mr. Joe Waller,
residents of Lake Worth, and commended them for their efforts on improving
and cleaning up Lake Worth. He also commended City staff for one of the
projects being done on Lake Worth, which is the pilot dredging program that
begins this month. He added that from this project the City will obtain
information that will contribute to the development of a master plan for the
lake. He added that City staff was moving forward to get oil and gas leases in
place in order to drill in and around the lake. He pointed out through that
drilling, revenues could be generated to cleanup and improve the lake.
Mayor Moncrief extended kudos to everyone involved in the very successful
Party in Fort Worth festivities on February 17, 2007. He stated that significant
funds were raised for the Promotion Fund to be able to continue to bring events
to the City that would generate millions of dollars in revenue. He expressed
appreciation to the members of the Council who attended and to Alcon for
hosting the event this year. He announced that Lockheed Martin would host the
event in 2008.
Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos.
Withdrawn from L-14284, G-15611 (heard after PZ-2726) and G-15612 be withdrawn from the
Consent Agenda consent agenda.
Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos.
Continued/ G-15586 and L-14284 be withdrawn from consideration, G-15612 be continued
Withdrawn By until March 6, 2007, and that the original G-15536 be withdrawn.
Staff
Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member
Consent Agenda Davis, 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:
OCS-1595 M&C OCS-1595 - 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.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 4 of 32
G-15608 M&C G-15608 - Authorizing the payment of$30,000.00 to Dawn Ahrend with
Settlement of the check made payable to Dawn Ahrend and the Law Offices of Art Brender;
Lawsuit Entitled and authorizing the payment of $66,000.00 to Angela Hopper with the check
Johnny Lee made payable to Angela Hopper and the Law Offices of Art Brender; and
Cummings and authorizing the payment of$36,000.00 to Donald Weiler with the check made
Angela Hopper, payable to Donald Weiler and the Law Offices of Art Brender; and authorizing
Plaintiffs, Dawn
Ahrend, Kathryn J. the appropriate City representative to execute the documents necessary to
Reese, and Donald complete the settlement of the claims of Dawn Ahrend, Angela Hopper and
Weiler, Intervenors/ Donald Weiler in lawsuit Johnny Lee Cummings and Angela Hopper,
Plaintiffs v. City of Plaintiffs, Dawn Ahrend, Kathryn J. Reese, and Donald Weiler,
Fort Worth, in Interventors/Plaintiffs v. City of Fort Worth, in United States District Court for
United States the Northern District of Texas Fort Worth Division, Civil Action No.
District Court for 4:05-CV-698-Y.
Northern District of
Texas Fort Worth
Division, Civil
Action No.
4:05-CV-698-Y
G-15609 M&C G-15609 - Approving the settlement of a lawsuit entitled Roxanne
Settlement of Hunter and Patrick Hunter, Individually and as Next Friends for Hannah
Lawsuit Entitled Hunter, a Minor Child vs. City of Fort Worth, Texas, Cause No. 48-209715-05,
Roxanne Hunter as well as the payment to the Guardian Ad Litem; authorizing the payment of
and Patrick Hunter, $75,000.00 in settlement of the referenced lawsuit; authorizing the payment of
Individually and as $2,260.00 to the Guardian Ad Litem, Greg Jackson; and authorizing the
Next Friends for
Hannah Hunter, a appropriate City personnel to execute any release and agreement necessary to
Minor Child vs. City complete the settlement.
of Fort Worth,
Texas, Cause No.
48-209715-05
G-15610 M&C G-15610 - Authorizing the City Manager, under Chapter VI, Section 3 of
Res. No. 3454-02- the City Charter, to retain Dee S. Finley, Jr., and the law firm of Harris, Finley
2007 & Bogle, P.C., as outside counsel to assist the City Attorney in legal issues
Employ Law Firm involving land title matters on publicly dedicated property; and adopting
of Harris, Finley & Resolution No. 3454-02-2007 authorizing employment of outside legal counsel
Bogle, P.C.,to Assist f
in Land Title Issues or assistance in land title issues concerning publicly dedicated property and
Concerning Publicly setting in advance, as far as practicable, an amount not to exceed $9,000.00 to
Dedicated Property be paid to Harris, Finley & Bogle, P.C.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 5 of 32
G-15613 M&C G-15613 - Authorizing the direct sale of tax-foreclosed property
Sale of Tax described as Lot D, Block 1, Grove Hill Addition, located at 2808 Walker
Foreclosed Street in accordance with Section 34.05 of the Texas State Property Tax Code
Property to Marion Downs (DOE 920) for the amount of$3,288.00; and authorizing the
City Manager to execute and record the appropriate documents conveying the
properties to complete the sale.
P-10534 M&C P-10534 - Authorizing a purchase agreement with Garry L. Hall to
Landscaping and provide landscaping and grounds maintenance for the Parks and Community
Grounds Services Department based on best value, with payments due 30 days from
Maintenance receipt of invoice; and authorizing this agreement to begin February 20, 2007,
and expire February 19, 2008, with options to renew for four additional one-
year periods.
P-10535 M&C P-10535 - Authorizing a purchase agreement with Whitmore & Sons,
Grounds Inc., to provide grounds maintenance for the Parks and Community Services
Maintenance and Department based on best value, with payments due 30 days from receipt of
Mowing Services invoices; and authorizing this agreement to begin February 20, 2007, and expire
February 19, 2008, with options to renew for three additional one-year periods.
P-10536 M&C P-10536 - Authorizing purchase agreements with Scott Landscape
Grounds Maintenance, Inc., VIP Lawncare, and Mr. Good Dirt to provide grounds
Maintenance and maintenance and mowing services for the Parks and Community Services
Mowing Services Department based on the low bid by sections as follows, with payments due 30
days from receipt of invoices; and
Vendor Sections Total Annual Cost
Scott Landscape Item 8031/East District $65,460.00
Maintenance, Inc. Parks, Community
Centers, etc.
VIP Lawncare Item 8021-H/North $10,200.00
District Libraries
Scott Landscape Item FE70 Lake Worth $38,150.00
Maintenance, Inc. Development and
Undeveloped Parks
Mr. Good Dirt Item PE4-LW Lake $ 9,000.00
Worth Dam/Raw Water
Conduits
Authorizing these agreements to begin February 20, 2007, and expire February
19, 2008, with options to renew for two additional one-year periods.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 6 of 32
P-10537 M&C P-10537 - Authorizing the purchase of a dry digital photographic printer
Dry Digital from Noritsu America Corporation for the Police Department for a cost not to
Photographic exceed $31,916.00 based on sole bid received with freight included in the unit
Printer cost and payment due 30 days after receipt of invoice.
L-14285 M&C L-14285 - Declaring the necessity of taking an interest in a portion of
Condemn Parcel land known as Abstract No. 649, Tract 1D, William Huff Survey, Tarrant
of Land for Right- County, Texas, owned by Zero Twelve Point Four, L.P., for right-of-way
of-Way for required for the construction of Keller Hicks Road improvements (DOE 5474);
Construction of and authorizing the City Attorney to institute condemnation proceedings to
Keller Hicks Road acquire the interest in the land.
Improvements
L-14286 M&C L-14286 - Accepting the dedication of 7.319 acres of parkland being a
Accept Parkland tract of land situated in the Josiah Walker Survey, Abstract No. 1600, and being
and Facility a portion of those tracts of land described by deed to Harmon Road/287
Improvements to Partners, L.P., Tarrant County, Texas, and facility improvements from Harmon
be Known as Road/287 Partners, L.P., to be known as Ridgeview Farms Park, in accordance
Ridgeview Farms with the Neighborhood and Community Park Dedication Policy.
Park
PZ-2721 M&C PZ-2721 - Adopting Ordinance No. 17403-02-2007 vacating and
Ord. No. 17403- extinguishing an alley located between Bailey Street and University Drive,
02-2007 being 107.01 ft. long and 12 ft. wide right-of-way, situated in Block 1 of the
Alley Vacation Wm. Bailey Addition, an addition to the City of Fort Worth, Tarrant County,
(VA-06-023) Texas; and waiving any and all fee value of the vacated area.
PZ-2722 M&C PZ-2722 - Adopting Ordinance No. 17404-02-2007 vacating and
Ord. No. 17404- extinguishing a portion of Old Denton Road between Western Center
02-2007 Boulevard and Paladin Place, being a variable width(57 ft. by 60 ft.) by 632.57
Street Vacation ft. long right-of-way, in the M. Gilbert Survey, Abstract No. 565, the W.W.
(VA-06-032) Thompson Survey, Abstract No. 1498, and the A. Smith Survey, Abstract No.
1419 in the City of Fort Worth, Tarrant County, Texas; and waiving any and all
fee value of the vacated area.
PZ-2723 M&C PZ-2723 - Adopting Ordinance No. 17405-02-2007 vacating and
Ord. No. 17405- extinguishing an 18 foot wide alley in the Dissell Tracts Addition, located
02-2007 between West Rosedale and West Oleander Streets in the City of Fort Worth,
Alley Vacation Texas, from a point at West Rosedale Street to a point at West Oleander Street;
(VA-06-038) and waiving any and all fee value of the vacated area.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 7 of 32
PZ-2724 M&C PZ-2724 - Adopting Ordinance No. 17406-02-2007 vacating and
Ord. No. 17406- extinguishing Karen Circle from its north terminus to its south terminus with
02-2007 Westridge Avenue, being approximately 1,116.57 ft. long and 30 ft. wide right-
Street Vacation of-way, in the Ridgeway Manor No. 1 Addition, City of Fort Worth, Tarrant
(VA-06-042) County, Texas; and waiving any and all purchase fee value of the vacated land.
PZ-2725 M&C PZ-2725 - Adopting Ordinance No. 17407-02-2007 vacating and
Ord. No. 17407- extinguishing a portion of an alley located adjacent to Lots 5-6 and 11-12,
02-2007 Block 8, Forest Park Addition, an addition to the City of Fort Worth, Tarrant
Alley Vacation County, Texas; and waiving any and all fee value of the vacated area.
(VA-06-019)
C-21968 M&C C-21968 - Authorizing the City Manager to execute a Public Right-of-
Crosstex North Way Use Agreement with Crosstex North Texas Gathering, L.P., (Crosstex)
Texas Gathering, that grants Crosstex a license to use a certain public right-of-way of the City of
L.P. Fort Worth for the purpose of constructing, maintaining and operating a natural
gas gathering system.
C-21969 M&C C-21969 - Authorizing the City Manager to execute a Public Right-of-
Texas Midstream Way Use Agreement with Texas Midstream Gas Services, LLC, (Texas
Gas Services, LLC Midstream Gas Services) that grants Texas Midstream Gas Services a license to
use certain public rights-of-way of the City of Fort Worth for the purpose of
constructing, maintaining and operating natural gas pipelines.
C-21970 M&C C-21970 - Authorizing the City Manager to enter into an Encroachment
Fort Worth H Agreement with Fort Worth H Partners authorizing use of the right-of-way for
Partners various encroachments for the Embassy Suites Hotel at 600 Commerce Street
as this property is redeveloped.
C-21971 M&C C-21971 - Authorizing the City Manager to enter into an Encroachment
Cotulla, L.P. Agreement with Cotulla, L.P., authorizing use of the right-of-way for various
encroachments for the Wagner Building at 500 Commerce Street and the
Caceria Building at 111 East 5th Street as this property is redeveloped.
C-21972 M&C C-21972 - Authorizing the City Manager to execute a Consent to
Consent to Assignment by Cotton Depot Associates, L.P., to Fort Worth Depot, LLC, of
Assignment by the Tax Abatement Agreement, City Secretary Contract No. 26341, as amended
Cotton Depot and previously signed.
Associates, L.P.,
Fort Worth Depot,
LLC
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 8 of 32
C-21973 M&C C-21973 - Authorizing the City Manager to reject all bids received for
Reject Bids Bonds Ranch Water Main Extension from Molina Lane to Colonial Heights
Received for Lane.
Bonds Ranch
Road Water Main
Extension
C-21974 M&C C-21974 - Authorizing a lease agreement with Monroe Street
Monroe Street Professional Building, Limited, for additional office space located at 900
Professional Monroe Street, for the Engineering Department; and authorizing the City
Building, Limited Manager to execute the appropriate lease agreement.
C-21975 M&C C-21975 - Authorizing the transfer of $118,765.00 from the Water and
Ord. No. 17408- Sewer Operating Fund to the Water Capital Project Fund in the amount of
02-2007 $53,925.00 and Sewer Capital Project Fund in the amount of $64,840.00;
Amendment No. adopting Appropriation Ordinance No. 17408-02-2007 increasing estimated
13 to CSC No. receipts and appropriations in the Water Capital Projects Fund in the amount of
24833 - $53,925.00 and the Sewer Capital Projects Fund in the amount of $64,840.00
LopezGarcia from a Water and Sewer Operating Fund transfer, for the purpose of executing
Group Amendment No. 13 to City Secretary Contract No. 24833 with LopezGarcia
Group to provide additional engineering services; and authorizing the City
Manager to execute Amendment No. 13 to City Secretary Contract No. 24833
with LopezGarcia Group for water and sanitary sewer main line relocations for
Rosedale Street (U.S. 287 to Forest Park Boulevard) (City Project No. 00138)
in the amount of $104,565.00 to provide additional engineering services,
thereby increasing the contract amount to $698,486.50. Subsequent
amendments, if necessary, will be processed administratively up to a
$25,000.00 total.
C-21976 M&C C-21976 - Authorizing the transfer of $31,251.00 from the Water and
Ord. No. 17409- Sewer Operating Fund to the Sewer Capital Project Fund in the amount of
02-2007 $31,251.00; adopting Appropriation Ordinance No. 17409-02-2007 increasing
McClendon estimated receipts and appropriations in the Sewer Capital Projects Fund in the
Construction amount of$31,251.00 from a Water and Sewer Operating Fund transfer, for the
Company, Inc. purpose of executing a contract with McClendon Construction Company, Inc.,
for Project No. 00181, Pavement Reconstruction, Drainage Improvements and
Sanitary Sewer Replacement; and authorizing the City Manager to execute a
contract with McClendon Construction Company, Inc., in the amount of
$242,818.25 for Pavement Reconstruction, Drainage Improvements and
Sanitary Sewer Replacement on Vera Cruz Street (Oscar Avenue to Hutchinson
Street), Oscar Avenue (Vera Cruz Street to Northeast 32nd Street) and Northeast
32nd Street (Oscar Avenue to Hutchinson Street).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 9 of 32
C-21977 M&C C-21977 - Authorizing the City Manager to execute Change Order No. 2
Change Order No. to City Secretary Contract No. 33507 with S.J. Louis Construction of Texas,
2 to CSC No. Ltd., for Walnut Creek Sanitary Sewer, Phase I (City Project No. 00343), in the
33507 - S.J. Louis amount of$81,971.25 thereby increasing the contract amount to $2,545,432.14.
Construction of
Texas, Ltd.
C-21978 M&C C-21978 - Authorizing the reallocation of Community Development
Advanced Paving Block Grant Year XXVI surplus funds in the amount of $29,000.00 to the
Company Eugene McCray Community Center project; and authorizing the City Manager
to execute a contract with Advanced Paving Company in the amount of
$79,935.30 for parking expansion at Eugene McCray Community Center.
C-21979 M&C C-21979 - Authorizing the City Manager to execute a contract with
Ord. No. 17410- North Central Texas Council of Governments (NCTCOG) for funds from the
02-2007 Social Services Block Grant in the amount of $325,000.00 to provide
North Central employment related transportation services to persons displaced by Hurricane
Texas Council of Katrina; and authorizing the use of existing personnel, office equipment, office
Governments space, and donated goods and services for the City's in-kind match with an
anticipated value of $325,000.00; and adopting Appropriation Ordinance No.
17410-02-2007 increasing estimated receipts and appropriations in the Grants
Fund in the amount of $650,000.00, subject to receipt of the Social Services
Block Grant from the North Central Texas Council of Governments, for the
purpose of funding employment related transportation services to persons
displaced by Hurricane Katrina; and authorizing a non-interest bearing
interfund loan from the General Fund in the amount of $125,000.00 to the
Grants Fund to be repaid upon receipt of funds from NCTCOG.
C-21980 M&C C-21980 - Authorizing the City Manager to execute an engineering
Baird, Hampton & agreement with Baird, Hampton & Brown, Inc., in the amount of $80,864.00
Brown, Inc. for the design and preparation of construction documents for replacement of
park roads and parking and rectifying of several erosion and drainage problems
at Trinity Park.
The motion carried. End of Consent Agenda.
Agenda Item X Council Member Espino made a motion, seconded by Council Member Silcox,
Presentations by that the following individuals be appointed to the Animal Shelter Advisory
City Council Committee effective February 20, 2007, and with terms expiring as indicated:
Appointments
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 10 of 32
Place No. Name Expiration
2 Dr. Robert Norris (Veterinarian) October 1, 2008
4 Jerry Cook(Citizen) October 1, 2008
7 Margaret Thomas (Animal Welfare Org) October 1, 2007
The motion carried unanimously nine (9) ayes to zero (0) nays.
Council Member Espino made a motion, seconded by Council Member Jordan,
that the following individuals be appointed to the Fort Worth Commission for
Women effective February 20, 2007, and with terms expiring as indicated:
Place No. Name Expiration
10 Judy Wang (All Asian American Chamber) October 1, 2007
11 Kathy Lanier(Harris Methodist Health October 1, 2007
Foundation)
13 Joy Thomas (Delta Sigma Theta, Inc.) October 1, 2007
16 Triesha Light(TCC/Women in New Roles) October 1, 2007
18 Shari Macioch(Texas Business & October 1, 2007
Professional Women)
The motion carried unanimously nine (9) ayes to zero (0) nays.
Council Member Espino made a motion, seconded by Council Member Davis,
that Jim Austin be reappointed to another term on the Tarrant County 9-1-1
District Board of Managers effective February 20, 2007, and with a term
expiring April 1, 2008. The motion carried unanimously nine (9) ayes to zero
(0) nays.
Council Member Espino made a motion, seconded by Council Member
Wheatfall, that the following individuals be appointed to the Minority and
Women Business Enterprise Advisory Committee effective February 20, 2007,
and with terms expiring as indicated:
Name Representing Expiration
Dean Bridges American Indian Chamber October 1, 2007
David Berzina Fort Worth Chamber October 1, 2007
Marilou Martinez-Stevens Hispanic Chamber October 1, 2007
Monte Elliott Metropolitan Black October 1, 2007
Chamber
Reba Henry Henry Consulting October 1, 2007
Javier Lucio RPGA Architects October 1, 2007
Wyntress Ware Ware &Associates October 1, 2007
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 11 of 32
Name Representing Expiration
Rita R. Utt Law Office of Rita October 1, 2007
Rodriguez Utt
Patricia Briggs Women in Construction October 1, 2007
Ann Kovich Tarrant County Chapter of October 1, 2007
the Council of Engineering
Companies
Doug Alumbaugh QUOIN—An AGC Chapter October 1, 2007
The motion carried unanimously nine (9) ayes to zero (0) nays.
Council Member Espino made a motion, seconded by Council Member Davis,
that the following individuals be appointed to the Downtown Design Review
Board effective February 20, 2007, and with terms expiring as indicated:
Place No. Name Expiration
1 J.D. Granger(Business Owner/ October 1, 2007
Manager)
2 Raymond O'Connor(Design October 1, 2008
Professional)
3 William Becker(Real Estate) October 1, 2007
4 Ames E. Fender(Design Professional) October 1, 2008
5 Kenneth Moczulski (Real Estate) October 1, 2007
7 Art Lazo (Architect) October 1, 2007
The motion carried unanimously nine (9) ayes to zero (0) nays.
Council Member Davis made a motion, seconded by Council Member Espino,
that Joel Burns be removed from the Appeals Board and Brandi O'Quinn be
appointed to the Appeals Board effective February 20, 2007, and with a term
expiring October 1, 2007. The motion carried unanimously nine (9) ayes to
zero (0) nays.
Council Member Davis made a motion, seconded by Council Member Jordan,
that Brandi O'Quinn be removed from the City Zoning Commission and Joel
Burns be appointed to the City Zoning Commission effective February 20,
2007, and with a term expiring October 1, 2007. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Mayor Moncrief requested the Council's consideration to appoint Larry
Walther to Place 1 on the Community Development Council.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 12 of 32
Council Member Burdette made a motion, seconded by Council Member
Espino, that Larry Walther be appointed to Place 1 on the Community
Development Council effective February 20, 2007, and with a term expiring
October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0)
nays.
Mayor Moncrief requested that City Secretary Hendrix read Council Proposal
Nos. 260 and 261 in succession as they were related to the Senior Tax Feeze.
He advised that these were not action items today and would not be considered
until the March 6, 2007, Council meeting.
C.P. No. 260 There was presented Council Proposal No. 260 that the City Council direct staff
Prepare Ordinance to prepare an ordinance establishing a freeze on the amount of property taxes
to Implement Freeze imposed on residential homesteads owned by persons aged 65 and over and
on Property Taxes persons with disabilities, in accordance with Texas Constitution, Article VIII,
Imposed on Section 1-b(h).
Residential
Homesteads
C.P. No. 261 There was presented Council Proposal No. 261 that the City Council direct staff
Prepare Ordinance to prepare an ordinance calling an election on the question of whether to
to Call Election of establish a freeze on the amount of property taxes imposed on residential
Whether to homesteads owned by persons aged 65 and older and persons with disabilities,
Implement Freeze in accordance with Texas Constitution, Article VIII, Section a-b(h).
on Property Taxes
Imposed on
Residential
Homesteads
Louis McBee Mr. Louis McBee, 5513 Aspen Lane, representing the Fort Worth Alliance for
Responsible Government, appeared before Council in support of both Council
Proposals. He inquired about the timeline needed to place the tax freeze on the
ballot. He stated he thought it was 70 days, thus action on this item for the
March 6th meeting would be past the time to call the election. He asked for a
clarification when the election could be called. He referenced issues discussed
in the Pre-council meeting on this item. He pointed out that Fort Worth was the
only entity in Tarrant County that had not passed the tax freeze for seniors as
Tarrant County College had done so by action of their board and the voters
approved it in November for Tarrant County. He requested the Council's
support for moving forward today with CP 261 and suggested that if the
Council wanted to approve CP 260 on March 6th, then they could do so and
rescind CP 261.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 13 of 32
Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in support of
Council Proposal No. 260. He advised that senior citizens would not quit
paying taxes if the tax freeze was approved or not approved. He added there
are tax inequities existing all over the City now. He pointed out that tax payers
were paying for certain services outside of their tax bill that other cities with
lower tax rates actually include in their tax bills, e.g., garbage, sewer changes
and storm water runoff charges, all of which were taxed separately in Fort
Worth in the water bill. He added that while this would be a measure to give
some tax relief to seniors, it would not eliminate all the burdens of home
ownership. He encouraged the Council to support senior citizens and vote in
favor of the tax freeze and to vote today on it.
Council Member Wheatfall stated that this issue had been debated extensively.
He made a motion, seconded by Council Member Silcox to suspend the rules
and take action on the Council Proposals today.
City Attorney Yett stated that it would take a favorable vote of six Council
Members to suspend the rules and act on either Council Proposal. He advised
that if Council Proposal No. 261 was adopted on March 6, 2007, the election
could be called by March 12, 2007, by Special Meeting.
Council Member Silcox stated that since Council would have sufficient time to
call the election, he suggested that the motion to suspend the rules be
withdrawn. He asked for confirmation that both Council Proposals would be
included on the March 6, 2007, City Council agenda.
Council Member Jordan requested clarification on the CP's. He pointed out
that the CP's were not to vote on the tax freeze but to direct the staff to prepare
the appropriate ordinances for the Council's consideration.
City Attorney Yett concurred with his statement.
Council Member Silcox withdrew his second to the motion to suspend the rules
and Council Member Wheatfall withdrew his motion.
City Attorney Yett stated that both items would be on the March 6, 2007,
agenda.
Agenda Item XI There were no presentations or communications from boards, commissions
Committee and/or City Council Committees.
Presentations
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PAGE 14 of 32
Agenda Item XHI There was presented a resolution supporting furtherance of competition in the
Res. No. 3455-02- cable communications industry as currently provided by Chapter 66 of the
2007 Texas Utilities Code (Senate Bill 5, 79th Legislature, 2d C.S.).
Support
Competition in Council Member Davis made a motion, seconded by Council Member Espino,
Cable that Resolution No. 3455-02-2007 be adopted. The motion carried
Communications unanimously nine (9) ayes to zero (0) nays.
Industry
Res. No. 3456-02- There was presented a resolution adopting the City of Fort Worth's 2007
2007 Federal Legislative Program.
Adopt 2007
Federal Council Member Davis made a motion, seconded by Council Member Espino,
Legislative that Resolution No. 3456-02-2007 be adopted. The motion carried
Program unanimously nine (9) ayes to zero (0) nays.
Res. No. 3457-02- There was presented a resolution adopting applicable sections of the Texas
2007 Municipal League's (TML) 2007 Legislative Program.
Adopt Sections of
TML's 2007 Council Member Davis stated that it was important for the City to work with
Legislative TML on legislation to address the purchase of park property by the state that
Program would require that the state abide by the same requirement of municipalities
and other jurisdictions. The requirement was that if the state purchased land for
the purpose of park property then in order to sell or change the use of the
property, the state would be bound by a vote of the citizenry.
Council Member Silcox stated that municipalities needed to place pressure on
Austin to make them understand everyone had to play by the same rules. He
suggested working with TML or another agency to get the state to look at
reducing unfunded mandates which could cause the City a reduction in needed
expenditures. He added that the state needed to abide by the same rules applied
to the City.
Council Member Jordan clarified that he could not agree more with Council
Members Silcox and Davis that the intent across the board was to maintain
local control and that all government should be down at the lowest possible
level. He stated that sometimes the City was placed in limbo when making
revenue decisions because Austin had some sort of "Sword of Damocles"
hanging over cities' heads and added that it was the Council's responsibility as
elected officials to do what was best for the citizens and that if someone else
was controlling the City's purse strings that was a problem.
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PAGE 15 of 32
Mayor Moncrief suggested including a letter on behalf of the Council that
would accompany a copy of the City's legislative program to the City's
delegates advising them of how the City felt about this situation. Council
Member Silcox suggested the entire Council sign the letter.
Council Member Wheatfall made a motion, seconded by Council Member
Espino, that Resolution No. 3457-02-2007 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
Resolution and There was presented a resolution authorizing the City Manager to enter into an
Ordinance for the agreement with the Tarrant Regional Water District for the purchase and use of
Purchase and Use Eagle Mountain Lake Park; and adopting an appropriation ordinance increasing
of Eagle Mountain appropriations in the General Fund in the amount of $500,000.00 and
Lake Park- decreasing the unreserved, undesignated fund balance by the same amount, for
Delayed Until the purpose of purchasing approximately 400 acres located in Tarrant County,
Later on Agenda Texas, bordering the east side of Eagle Mountain Lake south of Peden Road
and west of Morris Dido Newark Road for Tarrant County and the City of Fort
Worth citizens.
(Council Member Scarth left the dais.)
Joe Waller Mr. Joe Waller, 2533 Castle Circle, President of the Lake Worth Alliance,
spoke before the Council on this item. He stated that the Alliance supported
optimum utilization of area assets and fiscal responsibility, conservation and
protection of undeveloped land and environmental safeguards and quality of
life issues. He pointed out that this item was a good opportunity. He felt it was
reasonable for the City to be a stakeholder in this project. He added they did
support it for use as park land. He expressed discontent with the manner in
which this issue came down through the state. He thanked Council Member
Burdette for his earlier words and the Council for supporting the Alliance's
cause to clean and dredge Lake Worth. He summarized the underused assets of
Lake Worth to Fort Worth and that $50 to $100 million from the Barnett Shale
was needed to provide cleaner water for drinking and recreation and a cleaner
supply for the Trinity River Vision project. He expressed to the Council the
need to move forward, but cautioned the Council on the open endedness of the
resolution. He provided more information about the need to enhance Lake
Worth.
Council Member Burdette stated that one reason the Council was considering
the purchase of Eagle Mountain Lake was because it would make a great public
park for everyone to use. He reminded everyone that Lake Worth was already
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PAGE 16 of 32
owned by the City and that parkland was very valuable and in order to
maximize that value, it was important that resources be dedicated to clean the
lake.
(Council Member Scarth returned to his place at the dais.)
Council Member Espino stated that Council's support of this resolution would
preserve 14 acres of pristine parkland and free access to the lake that would
benefit everyone. He added that the City would partner with several agencies
in the spirit of regionalism to make this happen. He further stated that it was an
opportunity to keep this green space for future generations.
Richard Fish Mr. Richard Fish, 8909 Crosswind Drive, President of Save Eagle Mountain
Lake, Inc., appeared before Council in support of this issue. He stated that he
had worked on this issue for several months and expressed appreciation to the
Council and Council Member Burdette for helping to get this done. He added
that with the money they were receiving from various agencies, they were only
$1 million short of their goal.
Thomas Mr. Thomas Nezworski, 4113 Modlin Avenue, appeared before Council in
Nezworski opposition of the resolution. He provided a chronological history on Eagle
Mountain Lake and stated that it was purchased for $3.9 million in state dollars,
and that it was to never be a park, but a green space buffer to deny access to the
lake. He added that there was not any interest in the lake until about four years
ago when the state, after being required by the Sunset Law in Austin to review
the Texas Park and Wildlife Commission, looked at all underused or under
utilized assets that the state park system had. He added that the study
concluded Eagle Mountain Lake was ill-suited and not positioned well to be a
park and that it should be sold and that money reinvested in state park land. He
offered that the state was required by state law to decide what to do with under
utilized assets and that the property was probably worth as much as $15
million. He stated Representative Charles Geren and those interested in this
project in 2002 with the trust for public land had an opportunity in 2003 to buy
this piece of property for $5 million and could not get it done. He pointed out
that the Fort Worth City Council passed a resolution in 2003 stating that the
City would not participate in the project, as did the Tarrant Regional Water
District. He stated that if the City believed that there would be access to the
lake for the citizens of Fort Worth, he asked that the City ask the question of
those who would be in charge with operating the park. He added that he had
never seen a plan and was told that it was going to be a hiking, biking, limited
use, limited access park; no boat ramps, no fishing piers, no nothing and
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PAGE 17 of 32
admission fees would be charged. He stressed that to spend $500,000.00 on an
arm twisting situation, he would just say "no" like the Council did in 2003. He
urged the Council to delay voting on this issue and obtain more information
before turning over the money.
Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in opposition of
this issue. He stated that it was clearly the responsibility of the Tarrant
Regional Water District (TRWD) to maintain recreational facilities on the lakes
and rivers it controls, which they had advocated in the past. He stated that he
had a boat on Eagle Mountain Lake and he wanted the park developed with
boat ramps constructed at the water's edge, but he did not agree that the City of
Fort Worth should pay for the property. He added that giving tax money away
to an entity that was not in the City was improper use of the City's tax funds.
He pointed out that before the Council invests the City's tax money, they
needed to take care of City parks and City property and let those responsible for
Eagle Mountain Lake take care of that lake.
Council Member Davis expressed her concern on this issue. She stated that the
state was asking the same tax paying community that paid for it once to pay for
it at three times the amount it was originally purchased for. She added that the
state was also reaping the benefits of the mineral rights on that property and
their intent was to put those monies into the state's park operational fund and
not to dedicate them in any specific way to this particular park property. She
further stated there are important reasons to move forward with this opportunity
as pointed out by speakers and input she has received from the community. She
said one of these is access to the lake and was an important reason why the City
was doing this and TRWD was going to be the owner and manager of the lake.
She asked City Manager Boswell that before the City wrote the $500,000.00
check that he assured the TRWD's agreement that access would be part of what
they would do as the future owner of the lake. She further stated that she
understood by state law that the use of those funds being generated from the
mineral rights by have to go into their state's operational funding for the state
park system as a whole and that she believed there was still an opportunity for
these tax payers who were being asked to pay twice for a piece of property to
have their money returned through the opportunity to purchase mineral rights at
a below cost rate from the state in order to generate some of those revenues
back to the taxing jurisdictions that were being asked to pay for that park
property today. She stated that she disagreed with the point that because this
was immediately outside the boundary of Fort Worth that the City should not be
involved in a solution. She added that she did think the City's back was to the
wall on putting a solution on the table and stated that she thought the citizens of
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PAGE 18 of 32
Fort Worth would benefit from this park property. She added that she hoped
the City would go forward in trying to work through some of the issues and
wished that the City did not have a $500,000.00 cost being imposed by not
voting on this today as she did feel that the City was being rushed and that there
was room for conversations on some of the outstanding issues.
Council Member Jordan recommended that the Council write a letter or
resolution to Austin requesting that they use their gas well revenue for either
reimbursement or endowment to this park in support of the citizens of this
region.
Mayor Pro tem Hicks stated that she had come to the conclusion that it would
be hypocritical for her as someone who had been a long time supporter of parks
to not support this in an area that had seen such heavy growth. However, she
added that the City must continue to be committed to Fort Worth parks, many
of which had been severely under funded and forgotten for far too long.
Council Member Scarth stated that to say that just because the lake was not in
the City limits that it did not benefit the City's residents was short-sighted and
denied the fact that cities cross boundaries every day. He added that it was
important for the City to join with the rest of the governmental agencies to
make this happen. He further stated that he did like the idea of getting some
type of commitment from TRWD that there was access to the lake from the
park and that he would certainly like to see gas well revenues being used to fix
up the park and create recreational opportunities for everyone.
City Manager Boswell requested clarification if the wording of the second
paragraph of the proposed resolution in the Resolve section should be amended
to make that direction conditional on meeting the concerns expressed by
Council Members Davis and Scarth.
Mayor Moncrief stated that he would set this issue aside before the vote was
taken to ensure the correct wording was used on the amendment. (See page 23)
Agenda Item XIV There was presented an ordinance amending Ordinance No. 17395-02-2007
Ord. No. 17411-02- ordering a general election by the qualified voters of the City of Fort Worth,
2007 Texas, on Saturday, the 12th day of May, 2007, for the purpose of electing the
Amend Ord. No. Mayor and Council Members for the City of Fort Worth to add additional early
02y VIo ting to
Add Early Vo voting locations and change and add additional voting day locations.
Add E
Locations and Council Member Silcox made a motion, seconded by Council Member Jordan,
Change and Add that Ordinance No. 17411-02-2007 be adopted. The motion carried
Voting Day unanimously nine (9) ayes to zero (0) nays.
Locations
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PAGE 19 of 32
Council Member Espino requested the City Secretary revisit the use of J.
Lyndal Hughes Elementary School for voters in Precinct 3417. He added while
they are in the Northwest ISD their subdivision is closer to the Woodland
Springs Elementary School polling location.
AGENDA ITEM XV—REPORT OF THE CITY MANAGER
G-15536 It was the consensus of the City Council that Mayor and Council
Withdrawn Communication No. G-15536, Adoption of Ordinance Amending Chapter 34,
"Vehicles for Hire" Article VI "Ground Transportation for Hire", of the Code
of the City of Fort Worth and Adoption of the Fee Schedule for Ground
Transportation Services, be withdrawn from consideration.
G-15536 There was presented Mayor and Council Communication No. G-15536
(Corrected) (Corrected) from the City Manager recommending that the City Council adopt
Ord. No. 17412- an ordinance amending Chapter 34, "Vehicles for Hire" Article VI "Ground
02-2007 Transportation for Hire," of the Code of the City of Fort Worth, Texas (1986),
Amend Chapter as amended, to reflect the procedural changes in granting authority to operate a
34, Article VI of vehicle for hire on the public streets, alleys and thoroughfares of the City of
City Code Fort Worth; adopt the Fee Schedule for Ground Transportation Services; and
authorize the changes to Chapter 34, "Vehicles for Hire" and the new Fee
Schedule to become effective March 1, 2007.
Council Member Espino made a motion, seconded by Council Member Jordan,
that Mayor and Council Communication No. G-15536 (Corrected) be approved
and Ordinance No. 17412-02-2007 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
G-15586 It was the consensus of the City Council that Mayor and Council
Withdrawn Communication No. G-15586, Adopt an Ordinance Amending Section 2-210(b)
"Retirement Pension" of the City Code to Require an Ad Hoc Cost of Living
Adjustment for Non-Vested and Future Employees and Permitting Election of
an Ad Hoc Cost of Living Adjustment for Vested Employees Retirement, be
withdrawn from consideration.
Public Hearing It appeared that the City Council, at its meeting of January 23, 2007, continued
G-15598 the public hearing for conversion of parkland at Sycamore Creek Golf Course
Convert Parkland for the purpose of subsurface drilling and extraction of natural gas from an off-
for Purpose of site location. Mayor Moncrief opened the public hearing and asked if there was
Subsurface anyone present desiring to be heard.
Drilling and
Extraction of (Council Member Espino left the dais.)
Natural Gas
CITY OF FORT WORTH, TEXAS
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PAGE 20 of 32
Mr. Harold Pitchford, Acting Assistant Director, Parks and Community
Services Department, appeared before Council, gave a staff report and called
attention to Mayor and Council Communication No. G-15598, as follows:
There was presented Mayor and Council Communication No. G-15598, dated
January 23, 2007, from the City Manager recommending that the City Council
conduct a public hearing under the guidelines set forth by the Texas Parks and
Wildlife Code, Chapter 26, Protection of Public Parks and Recreation Lands;
find that no feasible or prudent alternative exists to drilling and extracting gas
from underneath this park site; find that the proposed conversion includes all
reasonable planning to minimize harm to the parkland; and close the public
hearing and authorize the City Manager to convert the dedicated parkland for
subsurface drilling and the extraction of natural gas from approximately 66.22
acres of parkland situated in the Sycamore Creek Golf Course, located in
portions of land found in James Sanderson Survey, Tarrant County, Texas.
Mayor Pro tem Hicks stated that she met with staff and the District 8
representative to the Golf Advisory Board and that there was still a lot of
discussion to be held between the Council and City staff about what would be
the City's policy when it came to golf courses, i.e., how the money would be
used. She referred to the deficit that the golf courses owe to the General Fund
and she expressed hope that some of the money would be used to pay back that
deficit. She asked that the City have some specific guidelines about where this
process was going because there needs to be some tangible benefits from
drilling in the community.
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 and Mayor and Council
Communication No. G-15598 be approved. The motion carried unanimously
eight (8) ayes to zero (0) nays, with Council Member Espino absent.
G-15611 City Secretary Hendrix stated that Mayor and Council Communication No. G-
Heard After 15611 was removed from the consent agenda for individual consideration and
PZ-2726 would be heard after Mayor and Council Communication No. PZ-2726. (See
page 24)
G-15612 It was the consensus of the City Council that Mayor and Council
Continued Until Communication No. G-15612, Authorize Temporary Closure of Main Street
March 6, 2007 from 3rd Street through 9th Street and 3rd Street through 9th Street from Houston
Street to Commerce Street for The Gran Fiesta De Fort Worth 2007, be
continued until the March 6, 2007, Council meeting.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 21 of 32
G-15614 There was presented Mayor and Council Communication No. G-15614 from
Res. No. 3458-02- the City Manager recommending that the City Council adopt a resolution
2007 ratifying the lawsuit entitled City of Fort Worth v. Site Concrete, Inc., and
Ratify Lawsuit Arcadia Park, L.P., filed in the Tarrant County District Court by outside
Entitled City of counsel Whitaker Chalk Swindle & Sawyer, L.L.P.
Fort Worth v. Site
Concrete, Inc., Council Member Davis made a motion, seconded by Council Member Silcox,
and Arcadia Park, that Mayor and Council Communication No. G-15614 be approved and
L.P., Filed in Resolution No. 3458-02-2007 be adopted. The motion carried unanimously
Tarrant County eight (8) ayes to zero (0) nays, with Council Member Espino absent.
District Court
G-15615 There was presented Mayor and Council Communication No. G-15615 from
Ord. No. 17413- the City Manager recommending that the City Council approve an ordinance
02-2007 adopting the City of Fort Worth 2007 Comprehensive Plan; analyzing
Adopt 2007 population, economic and financial trends; describing municipal services and
Comprehensive facilities; describing economic and technological issues affecting development;
Plan describing implementation tools; dividing the City into 16 planning sectors;
providing maps describing proposed future land uses and recommended land
use policies for each sector; establishing goals and recommended policies.
Council Member Davis made a motion, seconded by Council Member
Wheatfall, that Mayor and Council Communication No. G-15615 be approved
and Ordinance No. 17413-02-2007 be adopted. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Espino
absent.
G-15616 There was presented Mayor and Council Communication No. G-15616 from
Ord. No. 17414- the City Manager recommending that the City Council authorize the City
02-2007 Manager to apply for and accept, if awarded the FY 2007 Grant to Encourage
Apply and Accept Arrest Policies and Enforcement of Protection Orders Program from the U. S.
FY 2007 Grant to Department of Justice, Office of Violence Against Women in the amount of
Encourage Arrest $750,000.00; approve an agreement to have the City of Fort Worth serve as the
Policies and cognizant fiscal agency on the grant for Safe Haven of Tarrant County; and
Enforcement of adopt an appropriation ordinance increasing estimated receipts and
Protection Orders appropriations in the Grants Fund in the amount of $750,000.00, subject to
Program and receipt of the Office of Violence Against Women's Grant, U.S. Department of
Execute Justice, to Encourage Arrest Policies and Enforcement of Protection Orders
Agreement with Program for the purpose of investigation, arresting and prosecuting of domestic
Safe Haven of violence offenders.
Tarrant County
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FEBRUARY 20, 2007
PAGE 22 of 32
Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth,
that Mayor and Council Communication No. G-15616 be approved and
Appropriation Ordinance No. 17414-02-2007 be adopted. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Espino
absent.
L-14284 City Secretary Hendrix stated that Mayor and Council Communication L-
Withdrawn 14284, Authorize the Direct Sale of Two Tax Foreclosed Properties Located at
the Corner of East Berry Street and Village Creek Road in East Fort Worth in
Accordance with Section 34.05 of the Texas State Property Tax Code to Mount
Tabor Christian Center (DOE 920), had been removed from the Consent
Agenda for individual consideration and then withdrawn.
Mayor Moncrief stated that Pastor Elvis Bowman had completed a Citizen
Presentation Card in favor of this issue and asked Pastor Bowman if he still
wanted to address the Council even though the item had been withdrawn from
consideration.
(Council Member Espino returned to his place at the dais.)
Elvis Bowman Pastor Elvis Bowman, 2513 S. Edgewood Terrace, representing Greater Mount
Tabor Christian Center, appeared before Council in support of this issue. He
stated that the church had been in the neighborhood for 40 years and that they
were committed to development of southeast Fort Worth. He assured the
Council that their project, Hope Springs Village remained unchanged and that
they were moving forward with the project. He added that as of December 5,
2006, the church had met their responsibility and had paid the tax foreclosure
fee of over $270,000.00 and he asked that they be allowed to move forward.
Council Member Wheatfall stated that this issue was part of a larger plan that
dealt with housing, retail and an event center. He added that it had come to his
knowledge that an adjacent property would be use for gas well drilling. He
asked that this agenda item be removed from consideration to look at the
mineral rights with regard to the property and questioned whether there were
any protectionary measures for this property on the corner of Berry and Village
Creek to prevent a drill well site from going up on this corner. He advised that
if there was no legal way for the City to do that, then it changed the immediate
nature of the use of the property and he thought it should go out for a sealed bid
sale to maximize the revenues to the City.
Mayor Moncrief returned to Item XIII4 relative to the resolution for the
purchase of Eagle Mountain Lake.
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REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 23 of 32
Res. No. 3459-02- There was presented a resolution authorizing the City Manager to enter into an
2007 agreement with the Tarrant Regional Water District for the purchase and use of
Ord. No. 17415- Eagle Mountain Lake Park; and adopting an appropriation ordinance increasing
02-2007 appropriations in the General Fund in the amount of $500,000.00 and
Purchase and Use decreasing the unreserved, undesignated fund balance by the same amount, for
of Eagle Mountain the purpose of purchasing approximately 400 acres located in Tarrant County,
Lake Park Texas, bordering the east side of Eagle Mountain Lake south of Peden Road
and west of Morris Dido Newark Road for Tarrant County and the City of Fort
Worth citizens.
Council Member Davis proposed the following amendment to the resolution:
Amend second paragraph under NOW, THEREFORE portion to read: The
City Council hereby authorizes and directs the City Manager to execute an
agreement with the Tarrant Regional Water District for the purchase, use and
maintenance of the park and access including but not limited to pedestrian and
watercraft access to Eagle Mountain Lake from that parkland for Tarrant
County and the City of Fort Worth citizens.
Add new paragraph 4 as follows: Request that the City Manager explore
working with Tarrant County, the Tarrant Regional Water District and the State
for the dedication of mineral interest proceeds generated from the park toward
future improvement and maintenance of that parkland.
Council Member Espino made a motion, seconded by Council Member Silcox,
that Resolution No. 3459-02-2007 be adopted as amended and Appropriation
Ordinance No. 17415-02-2007 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
PZ-2726 There was presented Mayor and Council Communication No. PZ-2726 from the
Ord. No. 17416- City Manager recommending that the City Council institute and consider the
02-2007 adoption of an ordinance declaring certain findings; providing for the extension
Voluntary of certain boundary limits of the City of Fort Worth; providing for the
Annexation annexation of an approximately 0.7429 acre tract of land located west of Alta
(AX-07-001,Alta Vista Road and south of Golden Triangle Boulevard, situated in Lots 2 and 3 in
Vista Storage) Block 1 of Hugh Arnold Addition, an addition to Tarrant County, Texas (Case
No. AX-07-001, Alta Vista Storage), 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; providing that this ordinance shall be cumulative of all prior
ordinances not in direct conflict.
CITY OF FORT WORTH, TEXAS
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FEBRUARY 20, 2007
PAGE 24 of 32
Council Member Espino made a motion, seconded by Council Member Davis,
that Mayor and Council Communication No. PZ-2726 be approved and
Ordinance No. 17416-02-2007 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
G-15611 There was presented Mayor and Council Communication No. G-15611 from
Ord. No. 17417- the City Manager recommending that the City Council adopt an ordinance
02-2007 amending Section 2, 3 and 7 of Ordinance No. 7323, as amended, by revising
Revise Exterior the exterior boundary of City Council Single-Member District 2, 3 and 7 to
Boundaries and incorporate territory annexed by the City of Fort Worth for full purposes; and
Approve Single- approve amendment of the Single-Member District Map to reflect annexations
Member District and boundary adjustment in Council Districts 2, 3 and 7.
Map to Reflect
Annexations and Council Member Espino made a motion, seconded by Council Member Jordan,
Boundary that Mayor and Council Communication No. G-15611 be approved and
Adjustments of Ordinance No. 17417-02-2007 be adopted. The motion carried unanimously
Council Districts nine (9) ayes to zero (0) nays.
2, 3, and 7
C-21962 There was presented Mayor and Council Communication No. C-21962, dated
Ord. No. 17418- February 6, 2007, from the City Manager recommending that the City Council
02-2007 adopt an appropriation ordinance increasing estimated receipts and
Ord. No. 17419- appropriations in the Special Assessments Fund in the amount of$314,209.00
02-2007 from developer contributions for the purpose of transferring said funds to the
Centex Homes New Development Fund for the installation of Community Facilities adjacent to
serve Poynter Crossing and surrounding developments, Phase IV; authorize the
transfer of $314,209.00 from the Special Assessments Fund to the New
Development Fund; adopt an appropriation ordinance increasing estimated
receipts and appropriations in the New Development Fund in the amount of
$314,209.00 from a transfer from the Special Assessments Fund for the purpose
of funding the installation of Community Facilities to serve Poynter Crossing,
Phase IV and surrounding developments; and authorize the City Manager to
remit a check in the amount of$314,209.00 made payable to Centex Homes for
the installation of drainage improvements to serve Poynter Crossing, Phase IV
and surrounding developments, pursuant to the certain Community Facilities
Agreement between the City and Centex Homes (City Secretary Contract No.
32146, M&C C-20459 approved December 21, 2004).
Council Member Burdette stated that he had filed a Conflict of Interest
Affidavit with the City Secretary and would abstain from voting on this issue.
CITY OF FORT WORTH, TEXAS
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FEBRUARY 20, 2007
PAGE 25 of 32
Council Member Jordan made a motion, seconded by Council Member Espino,
that Mayor and Council Communication No. C-21962 be approved and
Appropriation Ordinance Nos. 17418-02-2007 and 17419-02-2007 be adopted.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Burdette abstaining.
(Mayor Pro tem Hicks left the dais.)
C-21981 There was presented Mayor and Council Communication No. C-21981 from the
Res. No. 3460-02- City Manager recommending that the City Council adopt a resolution reflecting
2007 the increased fees of$210,373.94 paid and revising the maximum amount to be
Cantey &Hanger paid to Cantey & Hanger to $600,000.00 for assisting the City Attorney in
representing the City of Fort Worth regarding legal issues concerning
Southwest Parkway (SH 121T).
Council Member Burdette stated that he had filed a Conflict of Interest
Affidavit with the City Secretary and would abstain from voting on this issue.
Council Member Silcox made a motion, seconded by Council Member Espino,
that Mayor and Council Communication No. C-21981 be approved and
Resolution No. 3460-02-2007 be adopted. The motion carried unanimously
seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks absent and Council
Member Burdette abstaining.
C-21982 There was presented Mayor and Council Communication No. C-21982 from the
Ord. No. 17420- City Manager recommending that the City Council authorize the transfer of
02-2007 $912,294.68 from the Water and Sewer Operating Fund to the Water Capital
Jackson Projects Fund in the amount of $519,670.25 and the Sewer Capital Projects
Construction, Ltd. Fund in the amount of $392,624.43; adopt an appropriation ordinance
increasing estimated receipts and appropriations in the Water Capital Projects
Fund in the amount of$519,670.25 and the Sewer Capital Projects Fund in the
amount of $392,624.43 from available funds for the purpose of executing a
contract with Jackson Construction, Ltd., for Pavement Reconstruction and
Water and Sanitary Sewer Main Replacement City Project No. 00299; and
authorize the City Manager to execute a contract with Jackson Construction,
Ltd., in the amount of $1,941,629.00 for Pavement Reconstruction and Water
and Sanitary Sewer Main Replacement on Hedrick Street (Premier Street to
Chesser Boyer Road, Cindy Drive (Fairview Street to 300' East of Wesley
Street), Gay Street (Fossil Drive to Cindy Drive) and Lakeland Street (Chesser
Boyer Road to Cindy Drive) (City Project No. 00299).
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PAGE 26 of 32
Council Member Scarth made a motion, seconded by Council Member Espino,
that Mayor and Council Communication No. C-21982 be approved and
Appropriation Ordinance No. 17420-02-2007 be adopted. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent.
C-21983 There was presented Mayor and Council Communication No. C-21983 from the
Interstate City Manager recommending that the City Council authorize the City Manager
Industrial to enter into a new lease agreement with Interstate Industrial Properties, L.P.,
Properties, L.P. for property located at 2222 Wenneca Avenue for the Fire Department's Arson
Division; and authorize a five-year lease agreement, contingent upon funds
being appropriated each of the five years, and authorize the renewal of the lease
as necessary for up to three successive twelve-month periods.
Council Member Davis made a motion, seconded by Council Member Espino,
that Mayor and Council Communication No. C-21983 be approved. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem
Hicks absent.
Agenda Item XVI It appeared that the City Council set today as the date for a public hearing to
First Public consider entering into a Strategic Partnership Agreement and the limited
Hearing to purpose annexation of a 7.76-acre portion of the Fort Worth Municipal Utility
Consider Strategic District No. 2 of Tarrant County. Mayor Moncrief opened the public hearing
Partnership and asked if there was anyone present desiring to be heard.
Agreement and
Limited Purpose Ms. Susan Alanis, Development Department Assistant Director, appeared
Annexation before Council and gave a staff report.
(Council Member Silcox left the dais and Mayor Pro tem Hicks returned to her
place at the dais.)
Council Member Davis requested that staff provide information at the second
public hearing relative to the Strategic Partnership Agreement as she was
interested in what the conditions of the agreement were, i.e., development
plans, specifications, etc., that would be part of how the development would go
forward.
There being no one present desiring to be heard in connection with the first
public hearing, Council Member Espino made a motion, seconded by Council
Member Davis, that the public hearing be closed. The motion carried
unanimously eight (8) ayes and zero (0) nays, with Council Member Silcox
absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 27 of 32
AGENDA ITEM XVIIA — ZONING HEARINGS: CASES RECOMMENDED FOR
APPROVAL
Zoning Hearing It appeared to the City Council that the Notice of Special Hearing set today as
the date for the hearing in connection with 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 January 22, 2007. Mayor Moncrief opened the
public hearing and asked if there was anyone present desiring to be heard.
ZC-06-281 There was presented Zoning Docket No. ZC-06-281, application of Rental
Approved Enterprises, LLC, for a change in zoning of property located at 7125, 7137 and
7219 East Lancaster Avenue from "E" Neighborhood Commercial and "FR"
General Commercial Restricted to "PD/SU" Planned Development/Specific
Use for all uses in "E" Neighborhood Commercial (Lots 5A and 6), and "FR"
General Commercial Restricted (Lots 3 and 4), plus other uses described as
follows, and with site plan recommended.
LANDSCAPING: 30' landscape buffer along Lancaster Avenue
with 1 tree for every 500 square feet of
bufferyard area, plus 1 shrub for every 50
square feet of bufferyard area
OUTDOOR Outside bulk material and equipment allowed,
STORAGE: as related to landscaping, screened from
Lancaster Avenue.
Council Member Wheatfall inquired what would be constructed at this site.
Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant,
appeared before Council in support of the zoning change. He stated that a
landscaping business would be constructed at this location that was previously
used by a mobile home business. He added all of the mobile homes had been
removed.
Council Member Wheatfall made a motion, seconded by Council Member
Espino, that Zoning Docket No. ZC-06-281, be approved. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox
absent.
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FEBRUARY 20, 2007
PAGE 28 of 32
ZC-06-296 It appeared that the City Council, at its meeting of January 18, 2007, continued
Approved the hearing of the application of the City of Fort Worth for a change in zoning
of property located in the 3900 and 4000 blocks of Byers Avenue from `B"
Two Family Residential to "A-5" One Family Residential, Zoning Docket No.
ZC-06-296. Mayor Moncrief opened the public hearing and asked if there was
anyone present desiring to be heard.
Kelly Jo Nial Ms. Kelly Jo. Nial, 1909 Belle Place, appeared before Council in support of the
zoning change. She provided maps of the area that reflected the changes over
the past year and stated that over 400 parcels had been rezoned. She stated that
the zoning change was consistent with the Comprehensive Plan and requested
the Council's favorable consideration.
Glenn Tidwell Mr. Glenn Tidwell, 3916 Byers Avenue, appeared before Council in opposition
of the zoning change. He stated that when the signature petition for the zoning
change was filed with the City, someone from the Arlington Heights
Neighborhood Association mistakenly placed Bryce Avenue on the petition
rather than Byers Avenue and when it was submitted to the Planning
Department, someone in that department took it upon himself to strike through
Bryce Avenue and replace it with Byers which he felt was a presumptuous act
that was an altering of a document. He referenced information on the City's
Zoning Change Amendment Application which was worded "Incomplete or
Inaccurate Applications Will Not Be Accepted". Mr. Tidwell stated that in his
opinion, the petition was inaccurate. He advised that the 4000 Block of Byers
also submitted an application, but at the City Zoning Commission meeting, the
3900 Block and 4000 Block were heard together which greatly diluted the
percentages of those in the 3900 Block. He asserted that a majority of residents
on this block did not want to be rezoned.
(Council Member Silcox returned to his place at the dais.)
Beth Kaufmann Ms. Beth Kaufmann, 1600 Frederick Street, appeared before Council in support
of the zoning change. She provided rebuttal to Mr. Tidwell's assertions and
stated that no one on Byers Avenue indicated they were confused about the
petition that listed Bryce, and no one contacted the neighborhood association or
called City staff She added that the property owners received two separate
subsequent written communications that listed the petition as Byers and no one
seemed confused at the public information meeting; nevertheless, the Zoning
Committee of the Arlington Heights Neighborhood Association doubled back
and asked the property owners to resign and date their signatures and none of
them misunderstood what they were signing. She further stated that Mr.
CITY OF FORT WORTH, TEXAS
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FEBRUARY 20, 2007
PAGE 29 of 32
Tidwell also showed up at the public information meeting and did not indicate
that he was confused. She clarified that the separate zoning application for the
3900 Block only of Byers was never filed with the City; the zoning application
had always been for 3900 to 4093 Byers and that City staff had verified that the
application was in order. She stated that the neighborhood association was
trying to align the neighborhood to be consistent with the Comprehensive Plan
for future land use.
Mr. Fernando Costa, Planning Department Director, advised that the original
petition was not valid as it contained inaccurate street addresses, therefore, the
neighborhood association rerouted the petition with the correct information and
City staff determined that the signatures were valid with the correct addresses.
Council Member Burdette stated that he had met with staff on this issue and he
was satisfied that both blocks indicated a majority of being in favor of a zoning
change from `B-2" to "A-5" and it was appropriate to consider both blocks
together. He added that since more than 20 percent of the property owners
were opposed, a super majority vote of six Council members would be required
for approval.
There being no one else present desiring to be heard in connection with the
application of the City of Fort Worth, Council Member Burdette made a
motion, seconded by Council Member Wheatfall, that the hearing be closed and
that Zoning Docket No. ZC-06-296 be approved. The motion carried
unanimously nine (9) ayes to zero (0) nays.
ZC-07-007 There was presented Zoning Docket No. ZC-07-007 and Site Plan No.
SP-07-004 SP-07-004, application of Holiday 360 Limited, LTD., for a change in zoning
Approved of property located at 14320 Centre Station Drive from "J" Medium Industrial
to "PD/SU" Planned Development/Specific Use for all uses in "J" Medium
Industrial, plus hotel, with site plan required.
Council Member Wheatfall made a motion, seconded by Council Member
Espino, that Zoning Docket No. ZC-07-007 and Site Plan No. SP-07-004, be
approved with appreciation to Holiday Inn. The motion carried unanimously
nine (9) ayes to zero (0) nays.
ZC-07-008 There was presented Zoning Docket No. ZC-07-008 and Site Plan No.
SP-07-005 SP-07-005, application of Holiday 360 Limited, LTD., for a change in zoning
Approved of property located at 4200 Reggis Court from "J" Medium Industrial to
"PD/SU" Planned Development/Specific Use for all uses in "J" Medium
Industrial, plus a hotel, with site plan required.
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FEBRUARY 20, 2007
PAGE 30 of 32
Council Member Wheatfall made a motion, seconded by Council Member
Espino, that Zoning Docket No. ZC-07-008 and Site Plan No. SP-07-005, be
approved. The motion carried unanimously nine (9) ayes to zero (0) nays.
SP-07-006 There was presented Site Plan No. SP-07-006, application of Town Center
Continued Until Mall, L.P., for a change in zoning of property located at 4200 South Freeway,
March 6, 2007 250 East Bolt Street and 220 West Seminary Drive for site plan to amend PD-
369 to add a new building, plus additional signage.
Council Member Davis made a motion, seconded by Council Member Jordan,
that Site Plan No. SP-07-006, be continued until the March 6, 2007, Council
meeting. The motion carried unanimously nine (9) ayes to zero (0) nays.
ZC-07-009 There was presented Zoning Docket No. ZC-07-009, application of Sendera
Approved Ranch PH.-1, DEV. L.P., for a change in zoning of property located in the
13700 and 13800 blocks of Willow Springs Road from "A-21" One Family
Residential to "PD/SU" Planned Development/Specific Use for all uses in
"A-21" One Family Residential, with 5 foot side yards, and with waiver of site
plan recommended.
Council Member Espino made a motion, seconded by Council Member
Wheatfall, that Zoning Docket No. ZC-07-009, be approved. The motion
carried unanimously nine (9) ayes to zero (0) nays.
ZC-07-013 There was presented Zoning Docket No. ZC-07-013, application of AIL
Approved Investment, L.P., et al., for a change in zoning of property located in the 8499
block of Old Denton Road from "PD-710" Planned Development for mixed
uses to amend "PD-710" Planned Development for mixed uses, to add language
to Area 1 (PD-C) for a minimum of 20 percent open space, with waiver of site
plan recommended.
Council Member Espino made a motion, seconded by Council Member
Burdette, that Zoning Docket No. ZC-067-013, be approved. The motion
carried unanimously nine (9) ayes to zero (0) nays.
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 Espino made a motion, seconded by Council Member
Burdette, that the hearing be closed and that the following ordinance be
adopted:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2007
PAGE 31 of 32
ORDINANCE NO. 17421-02-2007
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 THAT THIS ORDINANCE SHALL BE
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 nine (9) ayes to zero (0) nays.
Item XVIII Ms. Shelley Harper, 6703 Cahoba Drive, representing the East Lake Worth
Citizen Neighborhood Association, appeared before Council relative to gas drilling and
Presentations environmental sensitivity. She addressed the topography, land elevation, soil
erosion and noise at Lake Worth that would be affected by gas drilling. She
asked that the Council consider imposing a restricting list of regulations that
would preserve Fort Worth's lakes.
Council Member Burdette concurred with Ms. Harper's comments and stated
that the Engineering Department was working on restrictions for drilling around
the lake.
Agenda Item XIX It was the consensus of the City Council that they recess into Executive Session
Executive Session at 12:50 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. R.D. Moses and wife, Beverly Moses, et
al., Cause No. 2006-043098-2;
CITY OF FORT WORTH, TEXAS
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b) City of Fort Worth v. Martin Justin Properties, L.L.C., et al.;
c) City of Fort Worth v. Cleopatra Investments Ltd., et al., Cause
No. 2005-030005-1;
d) Legal issues concerning premature street failures;
e) Legal issues concerning the Southwest Parkway(S.H. 121T);
f) Legal issues concerning the regulation of handbills and
solicitation;
g) Legal issues concerning any item listed on today's City Council
meeting agendas; and
2. Deliberate the purchase, sale, lease, or value of real property in
accordance with Section 551.072 of the Texas Government Code.
Deliberation in an open meeting would have a detrimental effect on the
position of the City in negotiations with a third party; and
3. Deliberate 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 2:05 p.m.
Agenda Item XX There being no further business,the meeting was adjourned at 2:05 p.m.
Adjournment
These minutes approved by the Fort Worth City Council on the 6th day of
March, 2007.
Attest: Approved:
Marty He drix Michael J. ncrief
City Secretary Mayor