Loading...
HomeMy WebLinkAbout2007/04/17-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 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 Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 Absent Council Member Donavan Wheatfall, District 5 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 10:25 a.m. on Tuesday, April 17, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Wheatfall absent. Mayor Moncrief announced that on April 13, 2007, a series of thunderstorms blew through the area and in their wake, the area experienced two losses. He stated that Marc Patterson was killed when a load of lumber fell on him which resulted in heart failure. He added that his brother Brian worked for the City in the Information Technology Solutions Department. Mayor Moncrief also stated that the City of Irving also experienced the loss of Police Officer Andrew Esparza and acknowledged members of his family that worked for the City of Fort Worth - Rafael his father worked in the Water Department; Felix his brother was a Fort Worth firefighter, and Zoe his sister worked as a Public Safety Communicator in the Police Department. He asked that everyone keep the Patterson and Esparza families in their prayers. He also spoke about the recent tragic shootings at Virginia Tech University in Blacksburg, Virginia, and the unfortunate reminder of the shootings that occurred at Wedgwood Baptist Church in Fort Worth in 1999. He asked that everyone remember these individuals in their prayers also. Mayor Moncrief announced that the meeting would be adjourned in the memory of all of these individuals. Agenda Item H The invocation was given by Reverend Ken Ehrke, Agape Metropolitan Invocation Community Church. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 2 of 22 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 Davis, the minutes of the regular meeting of April 10, 2007, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item V Council Member Davis presented a Proclamation for Child Abuse Prevention Special Month to Ms. Julie Evans, Center Coordinator, Alliance for Children. Presentations Mayor Pro tem Hicks presented a Proclamation for Community Development Block Grant Week to Ms. Sarah Walker and Mr. Mario Perez, Chair and Vice Chair of the Community Development Council (CDC), and Mr. Patrick Main, the District 4 representative on the CDC. Mr. Jim Olk, Past President, Building Officials Association of Texas presented the 2006 Building Official of the Year Award to Mr. Al Godwin, Building Official, Development Department. Agenda Item VI Council Member Scarth referred to Mayor Moncrief s comments about the Announcements storms on April 13, 2007, and stated that he and the Mayor had visited with members of the Valley Missionary Baptist Church in the Garden of Eden neighborhood that was destroyed. He added that a website had been created for donations to support the church's interim expenses and to rebuild and that interested individuals could access the website at www.valleymissionarychurch.org. He further stated that donations could be made by credit card or checks could be sent to the church. Council Member Espino announced that on April 18, 2007, at 6:00 p.m., at All Saints Catholic Church in the All Saints Parish Center, 214 NW 201h Street, a Community Awareness Meeting on gangs would be conducted specifically for parents. He added that the meeting would be bilingual and would provide information to parents about the very difficult and challenging issue of gangs. Mayor Pro tem Hicks announced that tonight was the first anniversary of the Early Childhood Learning Center in the Polytechnic Community at 6:30 p.m., at 3101 Avenue J. She also announced that the Mayor would join her for the dedication of Sierra Vista Development on April 21, 2007, at 11:00 a.m., the fastest selling housing development in Tarrant County. She further announced CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 3 of 22 that there would be a District 8 Police Forum on April 23, 2007, at 7:00 p.m. at Texas Wesleyan University, 1001 Wesleyan, in the Nurses Anesthesia Building and asked that all District 8 residents and other interested individuals to attend and meet with their Police officials. She also congratulated Council Member Espino and Jerome Walker, Housing Department Director, on a great editorial on affordable housing that was in the Fort Worth Star Telegram last week. Mayor Moncrief stated that the City was truly blessed that the storms on April 13, 2007, by passed the races at Texas Motor Speedway. He added that the races were a tremendous success and attendance was the highest since the opening of the speedway. He expressed appreciation to Eddie Gossage and his crew for their work at the speedway. Mayor Moncrief also announced that Project Homeless Connect would take place on April 19, 2007, from 11:00 a.m. to 4:30 p.m. at Broadway Baptist Church, 305 West Broadway Avenue. He stated that this one day event, sponsored by the City and with more than 45 services providers participating, would provide services to homeless individuals. He added that Project Homeless Connect originated in San Francisco and had since been emulated in more than 100 cities. Council Member Davis announced that the dedication of the new Fire Station No. 8 would be held on April 21, 2007, at 10:00 a.m., on West Rosedale between Forest Park Boulevard and 8th Avenue. She stated that the dedication would be followed by an Open House from 11:00 a.m. to noon and invited everyone to go out and support the firefighters that would be working hard to take care of them in that area. Mayor Moncrief echoed Council Member Davis' announcement and added that the fire station would be named after Vince Genovese, a long time supporter of the City, Fire Department and Police Department. He added that this would be the first time the City had named a fire station after a citizen. Council Member Silcox stated that as the approaching summertime necessitated the cutting of grass, he cautioned landscaping companies and others that it was against the law to blow grass clippings onto City streets. He added that blowing grass in the street could eventually create clogging of the storm drainage systems located under the streets that could cause flooding. He asked that the Code Compliance and Police Department be aware of this issue and to warn or issue citations to violators. He requested that a public service announcement be placed on the City's website advising citizens and businesses of proper disposal of grass clippings. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 4 of 22 Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15679 and C-22061 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII There were no items continued or withdrawn by the staff Continued/ Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Mayor Pro tem Consent Agenda Hicks, the Council voted eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1604 M&C OCS-1604 - 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. G-15678 M&C G-15678 - Adopting Appropriation Ordinance No. 17499-04-2007 Ord. No. 17499- increasing appropriations in the General Fund in the amount of$60,333.70 and 04-2007 decreasing the unreserved, designated fund balance by the same amount, for the Fund purpose of funding participation in current and upcoming dockets, rulemakings Participation in and other proceedings related to electric utility regulation; and authorizing the Dockets, Rate City Manager to pay the Steering Committee of TXU Electric Service Area Cases and Other Cities the sum of $60,333.70 to fund participation in current and upcoming Proceedings dockets, rulemakings and other proceedings related to electric utility regulation. Related to Electric Utility Regulation G-15680 M&C G-15680 - Authorizing the maximum amount to be paid to Whitaker, Res. No. 3474-04- Chalk, Swindle & Sawyer, L.L.P., (Whitaker Chalk) be increased to 2007 $150,000.00 for their assistance to the City Attorney in matters concerning Ord. No. 17500- failed streets, Water Department and Transportation and Public Works (TPW) 04-2007 contracts concerning those streets and to represent the City in litigation Increase Payment concerning such matters; adopting Resolution No. 3474-04-2007 increasing an to Law Firm for additional sum of$100,000.00 to be paid to Whitaker Chalk in an amount not Assistance in to exceed $150,000.00; and adopting Supplemental Appropriation Ordinance Pending Lawsuits No. 17500-04-2007 increasing appropriations in the General Fund in the Concerning Water amount of $50,000.00 and the Water and Sewer Fund in the amount of Department and $50,000.00; and decreasing the unreserved, designated fund balance of the TPW Contracts General Fund and Water and Sewer Fund by the same amount, for the purpose CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 5 of 22 of executing a resolution for Whitaker, Chalk, Swindle & Sawyer for their assistance to the City Attorney in various matters concerning Water Department and Transportation and Public Works Department contracts and to represent the City in litigation concerning such matters. G-15681 M&C G-15681 - Approving a six month extension of injury leave-of-absence Extend Injury pay benefits for Officer Albert Herrera retroactive from February 23, 2007, Leave-of-Absence through August 23, 2007. Pay Benefits for Officer Albert Herrera G-15682 M&C G-15682 - Adopting Appropriation Ordinance No. 17501-04-2007 Ord. No. 17501- increasing estimated receipts and appropriations in the Capital Projects Reserve 04-2007 Fund in the amount of $376,000.00 from available funds for the purpose of Ord. No. 17502- transferring said funds to the Specially Funded Capital Projects Fund for 04-2007 expenses related to the remodel of City Hall and City Hall Annex to establish a Transfer Funds Building Permit Center, relocate the City Secretary, Budget, and Governmental for Remodel of Relations Offices and expand the office areas of the Mayor/Council and the City Hall and City Community Relations Department; authorizing the transfer of $376,000.00 Hall Annex from the Capital Projects Reserve Fund to the Specially Funded Capital Projects Fund; and adopting Appropriation Ordinance No. 17502-04-2007 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $376,000.00 from a Capital Projects Reserve Fund transfer, for the purpose of funding expenses related to the remodel of City Hall and City Hall Annex to establish a Building Permit Center, relocate the City Secretary, Budget, and Governmental Relations Offices and expand the office areas of the Mayor/Council and the Community Relations Department. G-15683 M&C G-15683 - Declaring the necessity of taking an interest in the properties Condemn for public use as listed below, on the west side of Fort Worth Meacham Properties for International Airport for the Noise Mitigation Program (DOE 5101); and Noise Mitigation authorizing the City Attorney to institute condemnation proceedings to acquire Program interest in the properties: Owner Legal Description Address Rodolfo Rivera Lot 11,Block 5,Airport Acres 3501 Chestnut Addition Joseph Yammie Lot 8,Block 5, Airport Acres 3504 Columbus Addition CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 6 of 22 Owner Legal Description Address Johnnie Bouldwin,Etus Etta. Lot 2,Block 5, Airport Acres 3516 Columbus Es Addition Alice Mae Moore Estate Lot 1,Block 5, Airport Acres 3518 Columbus Addition Calvin Williams Lot 3,Block 3, Worth Hills 3405 Columbus Addition Atallah Zitoon Lot 8,Block 3, Worth Hills 3415 Columbus Addition Calvin Williams Lot 4,Block 3, Worth Hills 3407 Columbus Addition Tressie Washington Estate Lot 12,Block 4,Worth Hills 3416 Columbus Addition G-15684 M&C G-15684 - Authorizing the City Manager to apply for and accept, if Ord. No. 17503- awarded, a grant from the Federal Aviation Administration in the amount of 04-2007 $752,860.00 to design and construct various improvements, purchase and Design and install airfield lighting system, conduct noise mitigation, and extend runway at Construct Fort Worth Alliance Airport; authorizing the use of land credits in the amount Improvements and of$39,624.21 for the City's in-kind local match of five percent of the project Purchase and cost; and adopting Appropriation Ordinance No. 17503-04-2007 increasing Install Airfield estimated receipts and appropriations in the Aviation Grants Fund in the Lighting Control amount of$792,484.21 subject to receipt of the Airport Cargo Entitlement and and Monitoring Non-Primary Grant from the Federal Aviation Administration, for the purpose System at Fort of funding the design and construction of various improvements at Fort Worth Worth Alliance Alliance Airport. Airport P-10555 M&C P-10555 - Authorizing a purchase agreement for asphalt crack sealer with Asphalt Crack Crafco Texas, Inc., for the Transportation and Public Works Department based Sealer on best value with payment due 30 days after receipt of invoice; authorizing this agreement to begin April 17, 2007, and expire on April 16, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreement allowing other public entities to participate in this bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program." P-10556 M&C P-10556 - Authorizing purchase agreements to provide mowing and Mowing and grounds maintenance of City's rights-of-way with Brown's Tractor Mowing Grounds and Lawn Patrol Services, Inc., for the Parks and Community Services Maintenance Department based on the low bid received by regions, with payments due 30 days from receipt of invoice; and authorizing these agreements to begin April 17, 2007, and expire February 28, 2008, with an option to renew for one additional one-year period. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 7 of 22 P-10557 M&C P-10557 - Authorizing purchase agreements for fire hydrants and repair Fire Hydrants and parts with Techline Pipe and Ferguson Waterworks for the Water Department Repair Parts based on best value. Freight is included and payment is due 30 days after receipt of invoice; Techline Pipe Items 1 and 2 Ferguson Waterworks Items 3 and 4 Authorizing these agreements to begin April 17, 2007, and expire April 16, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other government entities to participate in this bid award in accordance with the Local Government Code 271.102, "Cooperative Purchasing Program". P-10558 M&C P-10558 - Authorizing a purchase agreement for resilient-seated gate Resilient-Seated valves with Texas Water Products, Inc., for the Water Department based on Gate Valves best value, with payments due 30 days from receipt of invoice; and authorizing this agreement to begin April 17, 2007, and expire April 16, 2008, with options to renew for two additional one-year periods. P-10559 M&C P-10559 - Adopting Appropriation Ordinance No. 17504-04-2007 Ord. No. 17504- increasing estimated receipts and appropriations in the New Equipment 04-2007 Purchase Fund in the amount of$65,214.00 to be obtained through the City's Aerial Bucket Equipment Note Program approved on February 9, 1999 (M&C G-12462) by Truck Ordinance No. 13701 for the purpose of funding the purchase of an aerial bucket truck from a Texas Association of School Boards BuyBoard Contract No. 208-04 with Philpott Motors, Incorporated, for the Transportation and Public Works Department; and authorizing the purchase of one new aerial bucket truck from Texas Association of School Boards BuyBoard Contract No. 208-04 with Philpott Motors, Incorporated, for the Transportation and Public Works Department for a cost not to exceed $65,214.00 with payment due within 30 days of the date of the invoice. P-10560 M&C P-10560 - Authorizing the purchase of one Trimble Robotic Total Station Trimble Robotic and one Global Positioning System from Western Data Systems for the Total Station and Engineering Department, using the Texas Building and Procurement Global Positioning Commission Catalog Information Systems Vendors process for an amount not System to exceed $67,364.60 with freight included in the unit price and payment due 30 days after receipt of invoice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 8 of 22 P-10561 M&C P-10561 - Authorizing a purchase agreement using the Texas Multiple Access to Public Award Schedule Contract with ChoicePoint Government Services, Inc., for Internet Database access to a public internet database for the Police Department. Payments will be due 30 days after receipt of invoices; and authorizing this agreement to begin April 17, 2007, and expire March 31, 2008, with an option to renew for one additional one-year period. P-10562 M&C P-10562 - Authorizing purchases of network equipment for the new Equipment, Computer Aided Dispatch project, Storage Area Network infrastructure Installation and equipment, installation and maintenance and equipment for the Enterprise Maintenance for Information Management project and execution of necessary agreements with Computer Aided Dell Marketing, L.P., using the State of Texas Department of Information Dispatch Project, Resources contracts DIR-SDD-275 and DIR-SDD-192 for the Information Storage Area Technology Solutions Department for a total cost not to exceed $411,644.90. Network Infrastructure Expansion Project and Enterprise Information Management Project L-14304 M&C L-14304 - Authorizing the City Manager to execute a lease agreement Lease of Office with Monroe Street Professional Building, Limited for office space located at Space 900 Monroe Street to be used by the Economic and Community Development Department; and authorizing the City Manager to exercise the second five year renewal option in 2012 at a rate of$16.00 per square foot, if funds are available and the space is needed. L-14305 M&C L-14305 - Approving the cancellation of the 50-year lease agreement Cancel Lake with Randall A. Smith for City-owned property located at 4246 Wells Drive Worth Lease for (Lot 11, Block 9, Lake Worth Lease Survey). City-Owned Property L-14306 M&C L-14306 - Authorizing the City Manager to enter into the 5th Amendment Stn Amendment to to the Option to Purchase Agreement by and between the City of Fort Worth Option to and Centreport Venture, Inc. This amendment will provide for the conveyance Purchase of a portion of the mineral interest of the Remaining Option Property to Agreement Centreport Venture, Inc., before the surface property is taken down in exchange for Centreport Venture, Inc., agreeing to lease all of the mineral interests in the Remaining Option Property under the terms specified in the 5th Amendment agreement. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 9 of 22 L-14307 M&C L-14307 - Approving the acceptance of a lease agreement for natural gas Lease City-Owned drilling under 3.65 acres more or less of City-owned property located at the end Property for of Nixon Street and southwest of I-35 in Tarrant County, Texas, known as the Natural Gas Police Helicopter Pad to Chesapeake Energy Corporation, for a two-year term. Drilling L-14308 M&C L-14308 - Authorizing renewal of a lease agreement with Admiralty Lease for Use and Inland Cruises, Inc., for the final five year terms as allowed in the lease for use Operation of and operation of the Queen Maria Riverboat. Admiralty Inland Cruises leases Queen Maria the City-owned Lake Worth property located adjacent to 7401 Watercress Riverboat Drive, Lot 1, Block 16, Lake Worth Lease Survey. This renewal term will end on September 30, 2009. C-22062 M&C C-22062 - Authorizing the City Manager to execute a contract for Patterson & investment advisory services with Patterson & Associates for an amount not to Associates exceed $30,000.00; and authorizing the contract term to begin on April 17, 2007, and expire on October 16, 2007. C-22063 M&C C-22063 - Approving the correction of M&C P-10530 authorizing Correct M&C execution of an escrow agreement with CoBiz Bank, d/b/a Colorado Business P-10530 - CoBiz Bank; revising the interest rate and repayment amount under the lease purchase Bank, d/b/a agreement with All American Investment Group, LLC, for a Traffic Signal Colorado Business Light-Emitting Diode Lamp Conversion Project for the Department of Bank and All Transportation and Public Works from 3.40 percent to 3.68 percent; and American revising the estimated principal and interest paid under the lease purchase Investment Group, agreement to reflect up to 48 monthly payments of $47,198.81 beginning LLC October 1, 2007, for a total repayment of up to $2,265,542.88. C-22064 M&C C-22064 - Authorizing the City Manager to execute the grant agreement Ord. No. 17505- with the Regional Transportation Council of the North Central Texas Council 04-2007 of Governments in the amount of$323,777.60 for the purchase of 16 vehicles Regional (alternate fueled and low emission); authorizing the City Manager to accept an Transportation amount not to exceed $259,022.00 in federal funds passed through the North Council of the Central Texas Council of Governments for the reimbursement of the purchase North Central of 16 vehicles (alternate fueled and low emission); authorizing the transfer of Texas Council of $64,755.60 from General Fund various departments operating budget to the Governments Grants Fund for the City's 20 percent match of the purchase; authorizing the reduction in appropriations in various General Fund Departments and increase appropriations in the General Fund Non-departmental in the amount of $226,076.00 for the purchase of additional vehicles; and adopting Appropriation Ordinance No. 17505-04-2007 increasing estimated receipts and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 10 of 22 appropriations in the Grants Fund in the amount of $323,777.60, subject to receipt of the grant from the North Central Texas Council of Governments, for the purpose of funding the purchase of 16 alternate fueled and low emission vehicles. C-22065 M&C C-22065 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 33459 with McClendon Construction Co., Inc., 1 to CSC No. for pavement reconstruction and water and sanitary sewer main replacements 33459 - on portions of Cockrell Avenue, Odessa Avenue, Wedgmont Circle North and McClendon Wessex Avenue (2004 CIP Project No. 00023), in the amount of $40,522.23, Construction Co., thereby increasing the contract to $2,650,167.23. Inc. C-22066 M&C C-22066 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 33156 with Stabile & Winn, Inc., for pavement 1 to CSC No. reconstruction and water and sanitary sewer replacement on portions of 33156 - Stabile & Donalee Street and Killian Street (2004 CIP Project No. 00022), in the amount Winn, Inc. of$64,918.00, thereby increasing the contract amount to $1,408,074.58. C-22067 M&C C-22067 - Authorizing the City Manager to execute Change Order No. 5 Change Order No. to City Secretary Contract No. 33356 with McClendon Construction Co., Inc., 5 to CSC No. for pavement reconstruction and water and sanitary sewer main replacements 33356 - on portions of Griggs Avenue, Martha Lane, San Jose Drive, View Street, McClendon Marion Avenue and East Roberts Street (2004 CIP Project No. 00025), in the Construction Co., amount of$40,107.70, thereby increasing the contract to $1,606,982.64. Inc. C-22068 M&C C-22068 - Authorizing Change Order No. 3 to City Secretary Contract Change Order No. No. 33458 with Stabile & Winn, Inc., for pavement reconstruction for a portion 3 to CSC No. of Prewett Road (Project No. 00018), in the amount of$15,165.75 revising the 33458 - Stabile & total cost to $415,782.25. Winn, Inc. C-22069 M&C C-22069 - Authorizing the City Manager to execute a Public Fueling Atlantic Aviation, Agreement and Fixed Base Operator Permit with Atlantic Aviation, currently d/b/a Trajen FBO d/b/a Trajen FBO Network, and contemporaneously terminate the existing Network Public Fueling Agreement and FBO Permit at Fort Worth Meacham International Airport. C-22070 M&C C-22070 - Authorizing a one-year maintenance agreement for both the KS2 Technologies, hardware and software for the IBM iSeries 810 server in the Water Department Inc. for $39,421.87; and authorizing this agreement to begin March 20, 2007, and expire March 19, 2008, with an option to renew for one additional year period. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 11 of 22 C-22071 M&C C-22071 - Authorizing the City Manager to execute a professional Dunaway and services agreement with Dunaway and Associates, L.P., in the amount of Associates, L.P. $48,500.00 for the design and preparation of construction documents for parking, erosion control and trail/bridge improvements at Foster Park. The motion carried. End of Consent Agenda. Agenda Item X Council Member Davis made a motion, seconded by Council Member Burdette, Presentations by that Jim Bradbury be appointed to Place 9 on the Urban Forestry Board City Council effective April 17, 2007, and with a term expiring October 1, 2009. The motion Appointments carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XHI There was presented a resolution appointing the following members to the Gas Res. No. 3475-04- Well Revenues Financial Management Strategy Ad Hoc Committee effective 2007 April 17, 2007: Appoint Members of Gas Well Denny Alexander, Chair Revenues Lillie Biggins Financial Gina Bivens Management Bob Crow Strategy Ad Hoc Homer Dowd Committee Walker Friedman Tim Petrus Andrew Jose Rosell Bob Terrell Council Member Espino made a motion, seconded by Council Member Burdette, that Resolution No. 3475-04-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Mayor Pro tem Hicks expressed appreciation to the staff for gathering such a diverse group as representatives on the Committee. Mayor Moncrief expressed appreciation to the Committee members for dedicating their time to the Committee. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 12 of 22 Agenda Item XIV There was presented an ordinance amending Ordinance No. 17395-02-2007; Ord. No. 17506-04- Ordinance No. 17411-02-2007; Ordinance No. 17430-03-2007; and Ordinance 2007 No. 17459-03-2007 ordering a general election by the qualified voters of the Amend Ord. No. City of Fort Worth, Texas, on Saturday, the 12th day of May, 2007, for the 17395-02-2007, purpose of electing the Mayor and Council Members for the City of Fort Worth 17411-02-2007, to change and add early voting locations and times. 17430-03-2007 and 17459-03-2007 Council Member Silcox made a motion, seconded by Council Member Davis, Ordering General that Ordinance No. 17506-04-2007 be adopted. The motion carried Election on May 12, on to unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall Elect Mayor and absent. Council Members to Change and Add Early Voting Locations and Times AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15679 There was presented Mayor and Council Communication No. G-15679 from Res. No. 3476-04- the City Manager recommending that the City Council authorize the City 2007 Manager to retain James Griffin of the law firm of Jackson Walker as outside Ord. No. 17507- counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the City 04-2007 Attorney in representing the City in regard to the tax status of the Employees' Employ Outside Retirement Fund, SO1 employee issues and certain other labor issues; adopt a Counsel for Labor resolution fixing in advance, as far as practicable, the amount to be paid to Issues, S01 James Griffin, in an amount not to exceed $25,000.00; and adopt a Employment supplemental appropriation ordinance increasing appropriations in the General Benefit Issue and Fund in the amount of $25,000.00 and decreasing the unreserved, designated Tax Status Issues fund balance by the same amount, for the purpose of retaining Gary Ingram of of Employees' the law firm Jackson Walker as outside counsel pursuant to Chapter VI, Section Retirement Fund 3, of the City Charter, to assist the City Attorney in representing the City regarding certain employment and labor negotiation issues concerning meet and confer. City Manager Boswell advised the Council that a revised ordinance had been distributed to the Council to correct the title of the ordinance. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis that Mayor and Council Communication No. G-15679 be approved, that Resolution No. 3476-04-2007 be adopted and Supplemental Appropriation Ordinance No. 17507-04-2007 be adopted as corrected. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 13 of 22 G-15685 There was presented Mayor and Council Communication No. G-15685 from Res. No. 3477-04- the City Manager recommending that the City Council authorize the City 2007 Manager to retain James Griffin of the law firm Jackson Walker as outside Ord. No. 17508- counsel, pursuant to Chapter VI, Section 3 of the City Charter, to assist the City 04-2007 Attorney in representing the City in regard to the tax status of the Employees Employ Outside Retirement Fund, SO1 employee issues and certain other labor issues; adopt a Counsel for resolution fixing in advance, as far as practicable, the amount to be paid to Employment and James Griffin, in an amount not to exceed $25,000.00; and adopt a Labor Negotiation supplemental appropriation ordinance increasing appropriations in the General Issues for Meet Fund in the amount of $25,000.00 and decreasing the unreserved, designated and Confer fund balance by the same amount, for the purpose of retaining James Griffin of the law firm Jackson Walker as outside counsel pursuant to Chapter VI, Section 3, of the City Charter, to assist the City Attorney in representing the City regarding certain SO1 employment benefit issues and labor issues, and the tax status issues of the Employees' Retirement Fund. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15685 be approved and Resolution No. 3477-04-2007 and Supplemental Appropriation Ordinance No. 17508-04-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15686 There was presented Mayor and Council Communication No. G-15686 from Res. No. 3478-04- the City Manager recommending that the City Council adopt a resolution 2007 appointing Bridgette Garrett, a vested member, a Director to Place 11 on the Appoint Director Board of Directors of the Employees' Retirement Fund of the City of Fort to Place 11 on Worth to serve a term beginning April 18, 2007, and ending Board of Directors September 30, 2008. of Employees' Retirement Fund Council Member Scarth made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15686 be approved and Resolution No. 3478-04-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. G-15687 There was presented Mayor and Council Communication No. G-15687 from Ord.No. 17509-04- the City Manager recommending that the City Council authorize the City 2007 Manager to apply for and accept, if awarded, a grant from the Federal Aviation Fund Phase VIII of Administration in the amount up to $20,000,000.00 for Phase VIII of the Alliance Runway Runway Extension project at Fort Worth Alliance Airport; authorize the use of Extension Project land credits in the amount up to $1,052,631.58 for the City's in-kind local at Fort Worth match of five percent of the project cost; and adopt an appropriation ordinance Alliance Airport increasing estimated receipts and appropriations in the Aviation Grants Fund in CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 14 of 22 the amount of $21,052,631.58 subject to receipt of a grant from the Federal Aviation Administration, for the purpose of funding Phase VIII of the Alliance Runway Extension project at Fort Worth Alliance Airport. Council Member Espino made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15687 be approved and Appropriation Ordinance No. 17509-04-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Public Hearing It appeared that the City Council set today as the date for a public hearing for G-15688 the conversion of parkland at Quail Ridge Park for the purpose of subsurface Convert Quail drilling and the extraction of natural gas. Mayor Moncrief opened the public Ridge Park for hearing and asked if there was anyone present desiring to be heard. Subsurface Drilling and Mr. Harold Pitchford, Assistant Director, Parks and Community Services, Extraction of appeared before Council, gave a staff report and called attention to Mayor and Natural Gas Council Communication No. G-15688, as follows: There was presented Mayor and Council Communication No. G-15688 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 7.33 acres of parkland situated in Quail Ridge Park, located in certain portions of land situated the southwest part of the John F. Health Survey, Abstract No. 641; embracing a portion of Tract 3. There being no one present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Espino, that the public hearing be closed and Mayor and Council Communication No. G-15688 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Council Member Silcox requested from City Manager Boswell that as drilling became more prevalent in the City, that as soon as the City received information on the location of a gas well site in an existing neighborhood the Council representative for that neighborhood be informed. He added that this information would be used to inform constituents of the location of the well site, possible problems, truck routes, location of pipelines, etc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 15 of 22 City Manager Boswell stated that he would assure the Council was kept informed. Mayor Moncrief suggested to Mr. Pitchford that gas well companies that were drilling under the park surface offer to the City amenities to the park as part of their signing bonus package. Mr. Pitchford stated that there had been some interest expressed by the gas drilling companies to match some of the neighborhood park development grants. Council Member Davis stated that she was still seeing disappointing treatment of some of the City's lower income neighborhoods by some of the gas companies. She added that there were still differential offers in the better educated, higher income areas than the lower income areas. She stated that it would be helpful to post on the City's website those gas leases that were being provided throughout the City for comparison purposes. She suggested that the information include lease bonuses, royalty payments, whether the leases provided for surface rights, etc. to better empower neighborhoods in determining if they were getting a good or bad deal. Mayor Moncrief stated that the City had to be careful of what would be posted because there were different conditions, e.g., the smaller the amount of property or acreage an individual had versus a larger amount of acreage, the more effort it took to provide an effective analysis. City Attorney Yett stated that staff would work with the City Manager to explore all the avenues to provide meaningful information to the citizens. He advised that the City could not be in the business of advising citizens whether they should sign a particular lease because of free market trade. Council Member Espino encouraged City staff to work with the Fort Worth League of Neighborhoods to be the main liaison for distributing information on this issue. City Manager Boswell stated that staff would gather all the suggestions provided by the Council and provide a communication strategy in the future. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 16 of 22 Public Hearing It appeared that the City Council set today as the date for a public hearing to PZ-2738 adopt an ordinance changing the name of Stewart Feltz Road to Sunflower Ord. No. 17510- Ridge Road, located west of Rancho Diego Lane from a point in the adjacent 04-2007 proposed Summer Creek Drive. Mayor Moncrief opened the public hearing Change Name of and asked if there was anyone present desiring to be heard. Stewart Feltz Road to Sunflower Ms. Dana Burghdoff, Planning Department Assistant Director and representing Ridge Road the Development Department, appeared before Council, gave a staff report and (SN-07-002) called attention to Mayor and Council Communication No. PZ-2738 as follows: There was presented Mayor and Council Communication No. PZ-2738 from the City Manager recommending that the City Council adopt an ordinance changing the name of Stewart Feltz Road, located west of Rancho Diego Lane from a point in the adjacent proposed Summer Creek Drive and being approximately 1,605 feet long to "Sunflower Ridge Road", Fort Worth, Texas. There being no one present desiring to be heard with the public hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. PZ-2738 be approved and Ordinance No. 17510-04-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-22061 There was presented Mayor and Council Communication No. C-22061 from the McAlister Square, City Manager recommending that the City Council authorize the City Manager LTD to enter into a Unified Sign Agreement with McAlister Square, LTD, at 12550- 12770 South Freeway. Mr. Bob Riley, Development Department Director, advised the Council that this was a site of a possible nine retail restaurant opportunities on one tract of land. He added that underneath the City's existing Sign Code, the applicant would be allowed to have 19 detached signs for a total of just under 1,700 square feet. He pointed out that the Unified Sign Agreement allowed individuals to group signs together on the same site and that the proposal would reduce the 19 detached signs to 4 detached signs with the total square footage being reduced to approximately 800 square feet. He added that many of the signs that were being proposed aligned with what was being recommended in future changes to the City's Sign Ordinance. Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22061 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 17 of 22 C-22072 There was presented Mayor and Council Communication No. C-22072 from the Data Applications City Manager recommending that the City Council authorize the City Manager Corporation to execute a contract with Data Applications Corporation for computer support services for the Information Technology Solutions Department; authorize the term of the contract to begin May 1, 2007, and expire April 30, 2009, subject to subsequent annual appropriations, with options to renew for three additional one-year periods; and confirm the purchase of computer support (maintenance and installation) services from Data Applications from October 2006, through April 2007, at an estimated cost of$485,700.00. Council Member Silcox made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22072 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-22073 There was presented Mayor and Council Communication No. C-22073 from the Ord. No. 17511- City Manager recommending that the City Council authorize the City Manager 04-2007 to accept the Six City Anti-Gang Initiative Grant from the North Texas Crime U.S. Marshal's Commission in the amount of $23,668.00; adopt an appropriation ordinance Office increasing estimated receipts and appropriations in the Grants Fund in the amount of $23,668.00, subject to receipt of the Six City Anti-Gang Initiative Grant from the North Texas Crime Commission, for the purpose of the apprehension of violent fugitives; and authorize the City Manager to enter into a Memorandum of Understanding with the U.S. Marshal's Office to implement the grant. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22073 be approved and Appropriation Ordinance No. 17511-04-2007 be adopted with appreciation. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. C-22074 There was presented Mayor and Council Communication No. C-22074 from the Ord. No. 17512- City Manager recommending that the City Council authorize the transfer of 04-2007 $71,378.00 from the Water and Sewer Operating Fund to the Water Capital Jabez Projects Fund; adopt an appropriation ordinance increasing estimated receipts Development, and appropriations in the Water Capital Projects Fund in the amount of L.P., by BNMJR, $71,378.00 from a Water and Sewer Operating Fund transfer, for the purpose of Inc. executing a Community Facilities Agreement with Jabez Development, L.P., by BNMJR, Inc., its General Partner, for the installation of water and sanitary sewer services to serve Palmilla Springs, Phase 1 (City Project No. 00551); and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 18 of 22 authorize the City Manager to execute a Community Facilities Agreement with Jabez Development, L.P., by BNMJR, Inc., its General Partner, for the installation of water and sanitary sewer services to serve Palmilla Springs, Phase I, a future single-family home development, located in far west Fort Worth. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22074 be approved and Appropriation Ordinance No. 17512-04-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. AGENDA ITEM XVIA — 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 March 26, 2007. ZC-07-064 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 17513- Docket No. ZC-07-064, Text Amendment for infill housing. Mayor Moncrief 04-2007 opened the public hearing and asked if there was anyone present desiring to be Text Amendment heard. Approved Council Member Silcox requested clarification of the text amendment purpose. Mr. Bob Riley, Development Department Director, advised that the Council passed another text amendment approximately six to nine months ago, that cut down on the monotony of residential facades. He added that the proposed ordinance restricted the appearance on developments of three lots or more to one lot. Council Member Davis stated that the text amendment also triggered the requirement of a request for a building permit. She stated that presently, the building permit was triggered only if a subdivision occurred or a lot was platted. She added that the amendment also required the planting of a tree in the front yard and a parkway tree for each residential lot, which would also be triggered when the building permit was submitted. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 19 of 22 Council Member Silcox expressed concerns with the requirement of planting two trees in the front yard. He added that someone who bought the house may want the trees in another location than in the front yard. Mayor Pro tem Hicks commended Council Member Davis on this issue and stated that this text amendment was long overdue. She also commended the diverse make up of the committee who worked on this issue. Council Member Burdette stated that he understood the motivation for the ordinance was to rectify problems where developers came in and built a bunch of cookie cutter houses in a row. He added he was not quite clear on how this amendment which would be applied to a single lot. He asked what would happen if he purchased a single lot that was vacant; had already been platted; other houses had been built around the lot; and he happened to like the other houses on the block. He inquired that if he wanted to build a house just like one of the houses on the block was he prevented by the amendment from doing so. Council Member Davis stated that he would not be prevented from doing so. She added that the motivation for moving forward with this amendment was not that the Council was concerned that Council was not addressing the monotony issue where there was a single in-fill house; instead the issue was that, in the Central City, there were numerous houses being built and this requirement was not being triggered because there was not a replat that was occurring, e.g., the monotony standard was not kicking in even where there were numerous houses being built. She clarified that where single houses were being built there was no monotony standard because the monotony standard only applied to the new housing that was being constructed. She added so that multiple houses being built at the same time could not be monotonous. She further stated that there was a monotony map exhibit in the ordinance which was not triggered unless six houses were being built. She pointed out that only when there were six houses being built could there be defined in the ordinance an opportunity for monotony and then the ordinance was very particularly written so that it demonstrated on the map how that monotony could be broken up. There being no one present desiring to be heard in connection with the Text Amendment, Council Member Davis made a motion, seconded by Council Member Espino, that the zoning hearing be closed, Zoning Docket No. ZC-07- 064, be approved and the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 20 of 22 ORDINANCE NO. 17513-04-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING SUBSECTION 6.504 "SINGLE FAMILY RESIDENTIAL DESIGN STANDARDS", OF CHAPTER 6, "DEVELOPMENT STANDARDS"; ARTICLE 5 "RESIDENTIAL DESIGN STANDARDS", TO REQUIRE DESIGN STANDARDS AND FRONT YARD AND STREET PARKWAY TREES FOR ALL DETACHED SINGLE FAMILY BUILDING PERMITS; AMEND CHAPTER 9, "DEFINITIONS" TO ADD A DEFINITION FOR EvFILL HOUSING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. The motion carried seven (7) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote and with Council Member Wheatfall absent. ZC-07-076 It appeared that the City Council set today as the date for a hearing for Zoning Ord. No. 17514- Docket No. ZC-07-076, Text Amendment for lot coverage. Mayor Moncrief 04-2007 opened the public hearing and asked if there was anyone present desiring to be Text Amendment heard. Approved Council Member Davis stated that Sarah Fullenwider, Assistant City Attorney, had advised her of a potential unintended consequence of this ordinance that because the City was excluding porte cocheres and carports from the lot overage ratio, it may open the door for unlimited size on those items. She requested that the Law Department bring back an appropriate ordinance to ensure the City continued to have an appropriate limitation on the size of porte cocheres and carports. She suggested that Council pass the amendment today with the exception of its application to porte cocheres and carports and to bring back that exclusion at the time the other ordinance was presented to the Council that limited the size of porte cocheres and carports. Assistant City Attorney Fullenwider clarified with Council Member Davis that porte cocheres and carports would be included in the lot coverage if it was excluded today. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING APRIL 17, 2007 PAGE 21 of 22 Council Member Davis responded affirmatively. Council Member Silcox inquired if a porte cochere or other structures would or would not be included in the square footage of the slab. Council Member Davis stated that presently it was included in the computation of lot coverage, so for today it would continue to be included. Council Member Silcox then clarified that the square footage measurement for exceptionally large eaves would be eliminated and the measurement would be based strictly on the size of the slab. Council Member Davis confirmed Council Member Silcox's comment. There being no one present desiring to be heard in connection with the Text Amendment, Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that the zoning hearing be closed, Zoning Docket No. ZC- 07-076, be approved and the following ordinance be adopted as amended: ORDINANCE NO. 17514-04-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, CODIFIED AS APPENDIX "A" OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING THE DEFINITION OF "LOT COVERAGE" OF CHAPTER 9; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Wheatfall absent. Agenda Item XVII Mayor Moncrief stated that Mr. G.P. (Pat) Taylor, 2901 Sappington Road, Unit Citizen D, was not present in the Council Chamber to address the Council relative to Presentations law enforcement and Code Compliance issues. G.P. (Pat) Taylor Agenda Item It was the consensus of the City Council that they recess into Executive Session XVIII at 11:29 a.m. to: Executive Session 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: CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING APRIL 17,2007 PAGE 22 of 22 a) 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. 5. Deliberate concerning the annual performance evaluations of the following City Council-appointed officials: (a) City Manager (b) City Attorney (c) City Secretary (d) City Auditor Reconvened The City Council reconvened into regular session at 3:10 p.m. Agenda Item XIX There being no further business, the meeting was adjourned at 3:10 p.m. in the Adjournment memory of Marc Patterson, Police Officer Andrew Esparza, the Virginia Tech University faculty and students and the Wedgwood Baptist Church parishioners. These minutes approved by the Fort Worth City Council on the 24� day of April, 2007. Attest: Approved: m _ Marty Piendrix i City Secretary Mayor