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HomeMy WebLinkAbout2007/06/12-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 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 Frank Moss, 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 7:00 p.m. on Tuesday, June 12, 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 II The invocation was given by Ms. Lara Lauginiger, Baha'i Faith of Fort Worth. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Silcox, seconded by Mayor Pro tem Hicks, Approval of the minutes of the regular meeting of June 5, 2007, were approved unanimously Minutes eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item V Mr. Gary Fickes, Tarrant County Commissioner, provided a briefing to the Special Council relative to transportation and Tarrant County issues. His presentation Presentations included information on the County's Bond Program, Regional Transportation Coalition, Comprehensive Health Care Program and the County's Elder Care Center. Mr. Fickes also introduced two members of his staff (Council Member Davis assumed her place at the dais.) Council Member Moss presented a Proclamation for Juneteenth Celebration Day to Mr. Warren Harris, Chairman for the MLK/Juneteenth Celebration Committee. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 2 of 15 Mayor Pro tem Hicks stated that the Annual Juneteenth Parade would be held on June 16, 2007, at 7:00 p.m. on Evans Avenue and Bowie Street followed by a fireworks demonstration at 10:00 p.m. at Greenway Park. She stated that the Riverside neighborhood would also have events that day and that on June 15, 2007, at 8:00 p.m. the Fort Worth Jazz Orchestra would perform at Maddox Muse. Agenda Item VI Council Member Davis requested that the meeting be adjourned in the honor Announcements and memory of Ramona Utti who passed this weekend. Council Member Davis summarized Ms. Utti's service to her community and to the City of Fort Worth and pointed out that Ms. Utti played a vital role in the relocation efforts of Ripley Arnold residents. She asked that everyone keep her family in their thoughts and prayers. Council Member Burdette referenced the City Page article in the Fort Worth Star Telegram on June 11, 2007, and read a schedule of meetings taking place this week such as meetings on accessory buildings, rental regulations, public meeting on a design of new water facilities in the City, possibility of building a new skateboard park in the City, rail corridors and on urban villages. He stated that what was not realized was that the number of people who worked on the City's staff that attend these meetings; that their work did not end at 5:00 p.m. after everyone else had gone home. He expressed appreciation to the City staff for the hard work they do for Fort Worth citizens. Mayor Pro tem Hicks echoed Council Member Davis's comments on Ramona Utti and added that Ms. Utti worked to ensure that housing coming into the City of Fort Worth was mixed income housing; a testament to Ms. Utti's community involvement and her legacy. Mayor Pro tem Hicks also expressed appreciation to the Parks and Community Services Department for touring District 8 parks. She added that she was also excited about the first splash pad being built at Sycamore Park as a test basis for other parks in the City. She added that she also had the opportunity to visit Mitchell Boulevard Elementary School on June 9, 2007, and participated in their Get Up and Go Walk which took them through Berry Hill. She stated that the walk was comprised of a very diverse group of individuals and organizations and it reminded her of how important it was that the City revitalized Cobb Park to get residents back out and using this park. Council Member Espino stated that the Far Greater Northside would conduct a parade in celebration of the Juneteenth weekend and that the parade started and ended at Lincoln Park. He added that on June 26, 2007, Van Cliburn and Mariachis would be at Rose Marine Theatre, starting at 5:30 p.m. with a reception and the Latin American Celebration Concert at 6:00 p.m. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 3 of 15 Mayor Moncrief announced that the 500,000th troop member had been welcomed back at D/FW International Airport today. He talked about the welcoming services for the armed forces service members from their tours in Iraq. He emphasized the importance of this service and encouraged everyone to get involved and be part of this unique, life-changing experience as it had a profound and lasting effect on everyone who participated. He added that participating in this service was the least citizens could do to say "Welcome Home" to those men and women fighting for freedom. Council Member Silcox concurred with Mayor Moncrief s announcement and added that the only thing greater would be when the time came for service men and women not having to return to Iraq. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from P-10589, L-14335 and C-22178 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ P-10589 and L-14335 be withdrawn from consideration. Withdrawn By 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-1613 M&C OCS-1613 - 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-15751 M&C G-15751 - Authorizing the City Manager to transfer $250,000.00 from Ord. No. 17590- the Risk Management Fund to the Specially Funded Capital Projects Fund; and 06-2007 adopting Appropriation Ordinance No. 17590-06-2007 increasing estimated Cover receipts and appropriations in the Specially Funded Capital Projects Fund in the Commercial amount of$250,000.00 from a Risk Management Fund transfer, for the purpose Property of funding the commercial property insurance deductible claim resulting from Insurance the May 2, 2007, storm. Deductible for Claim from May 2, 2007, Storm CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 4 of 15 P-10590 M&C P-10590 - Authorizing a purchase agreement with PeopleCorp d/b/a Temporary Skilled Labor Contractors to provide temporary employment services to the Employment City of Fort Worth based on low bid with payment due 30 days after receipt of Services invoice; authorizing this agreement to begin June 12, 2007, and expire on June 11, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program." P-10591 M&C P-10591 - Authorizing a purchase agreement for global positioning Global Positioning systems receivers with Consolidated Traffic Controls, Inc., for the System Receivers Transportation/Public Works Department with payment due 30 days after receipt of invoice and freight included in the unit price; and authorizing this agreement to begin June 12, 2007, and expire June 11, 2008, with options to renew for three additional one-year periods. P-10592 M&C P-10592 - Authorizing the purchase of 13 new pickup trucks through Pickup Trucks Tarrant County Contract 2007-016 with Planet Ford 6 for the Engineering Department for a cost not to exceed $244,023.00 with payment due within 30 days of the date of the invoice. P-10593 M&C P-10593 - Authorizing a sole source purchase agreement for Original OEM Moyno Equipment Manufacturer (OEM) Moyno pumps, replacement parts and Pumps, replating of rotors with Moyno, Inc., for the Water Department based on Replacement Parts discounts offered from the manufacturer's list prices. Freight is included and and Replating of payment is due 30 days after receipt of invoice. Rotors OEM Moyno Pumps Manufacturer's List Price Less 55 Percent Discount OEM Moyno Replacement Parts Manufacturer's List Price Less 67 Percent Discount OEM Moyno Replating of Rotors Manufacturer's List Price Less 40 Percent Discount Authorizing this agreement to begin June 12, 2007, and expire June 11, 2008, with options to renew for four additional one-year periods. P-10594 M&C P-10594 - Authorizing a purchase agreement for liquid oxygen with Air Liquid Oxygen Liquide U.S. LP, for the Water Department based on sole bid of unit price per ton, with payments due within 30 days of the date of invoice and freight included in the unit price; authorizing this agreement to begin June 12, 2007, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 5 of 15 and expire June 11, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other entities to participate in the bid award in accordance with the Texas Local Government Code, Section 271.102, "Cooperative Purchasing Program". P-10595 M&C P-10595 - Authorizing a sole source purchase agreement for Original OEM Flygt Equipment Manufacturer (OEM) Flygt submersible pumps, replacement parts Submersible and repair service for the Water Department based on discounts from the Pumps, Manufacturer's list prices. Freight is included and payment is due 30 days after Replacement Parts receipt of invoice. and Repair Service OEM Flygt Pumps Manufacturer's List Price Less 20 Percent Discount OEM Replacement Parts Manufacturer's List Price Less 15 Percent Discount Repair Service $ 73.00 per Regular Hour $109.50 per Overtime Hour Authorizing this agreement to begin June 12, 2007, and expire June 11, 2008, with options to renew for four additional one-year periods. P-10596 M&C P-10596 - Authorizing a sole source purchase agreement for Original OEM WesTech Equipment Manufacturer (OEM) WesTech clarifier drive units, replacement Clarifier Drive parts and repair services with WesTech Engineering, Inc., for the Water Units, Department based on discounts offered from the manufacturer's list prices. Replacement Parts Freight is included and payment is due 30 days after receipt of invoice; and and Repair Services OEM WesTech Clarifiers and Manufacturer's List Price Less Replacement Parts 20 Percent Discount Repair Service (Field Service Labor, $750.00 Per Day Inspection, Technical Assistance and Component Repair) Inspections of Drive Units at $400.00 Per Unit Vendor's Shop Travel Time $375.00 Per Day Authorizing this agreement to begin June 12, 2007, and expire June 11, 2008, with options to renew for four additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 6 of 15 P-10597 M&C P-10597 - Authorizing the purchase of five new Ford pickup trucks from Ford Pickup Tarrant County Cooperative Contract 07-016 with Planet Ford 6 for the Water Trucks and Transportation/Public Works Departments for a cost not to exceed $132,633.00, with payment due within 30 days of the date of the invoice. L-14334 M&C L-14334 - Authorizing the City Manager to execute four General Convey Properties Warranty Deeds conveying the property described below to CentrePort and Accept Venture, Inc.: Permanent Avigation 1. A 1.416-acre tract of land in the Vincent J. Hutton Survey, A-681, City Easements and of Fort Worth, Tarrant County, Texas, and a 1.874-acre tract of land in Releases the Vincent J. Hutton Survey, A-681, City of Fort Worth, Tarrant County, Texas. 2. A 5.004-acre tract of land in the L.D. Burnett Survey, A-177, City of Fort Worth, Tarrant County, Texas. 3. A 5.005-acre tract of land in the Vincent J. Hutton Survey, A-681, City of Fort Worth, Tarrant County, Texas. 4. A 5.011-acre tract of land in the Vincent J. Hutton Survey, A-681, City of Fort Worth, Tarrant County, Texas; and Authorizing the acceptance, filing and recording by the City of Avigation Easements and Releases from CentrePort Venture, Inc., covering each property conveyed in favor of the cities of Dallas and Fort Worth and the Dallas/Fort Worth Airport Board. L-14336 M&C L-14336 - Approving the acquisition of two right-of-way easements Acquire Right-of- described as a portion of Francisco Cuella Survey, Abstract No. 266, Tracts 2J Way Easements and 2J4, Tarrant County, Texas, from Wood Springs Partners, Ltd., located in north Fort Worth for the construction of Keller-Hicks Road improvements (DOE 5474); finding that the price offered in the amount of$37,012.00, plus an estimated closing cost of $2,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. C-22168 M&C C-22168 - Authorizing the City Manager to accept from the Texas Ord. No. 17591-06- Governor's Division of Emergency Management an additional award of 2007 $63,242.00 to the City of Fort Worth's 2006 Homeland Security Grant; and Accept Grant for adopting Appropriation Ordinance No. 17591-06-2007 increasing estimated Expansion and receipts and appropriations in the Grants Fund in the amount of $63,242.00, Enhancement of subject to receipt of the State Homeland Security Grant from the State of Texas, Law Enforcement Intelligence and Governor's Division of Emergency Management, for the purpose of funding the Terrorism expansion and enhancement of law enforcement intelligence and terrorism Prevention Efforts prevention efforts. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 7 of 15 C-22169 M&C C-22169 - Authorizing the transfer of$87,632.00 from the Storm Water Ord. No. 17592- Operating Fund to the Storm Water Capital Projects Fund; adopting 06-2007 Appropriation Ordinance No. 17592-06-2007 increasing estimated receipts and LopezGarcia appropriations in the Storm Water Capital Projects Fund in the amount of Group, Inc. $87,632.00 from a Storm Water Utility Fund transfer, for the purpose of executing a contract with LopezGarcia Group to design drainage improvements as part of the East Rosedale Street Project (City Project No. 00138); and authorizing the City Manager to execute an engineering agreement with LopezGarcia Group, Inc., to design drainage improvements in accordance with City specifications as part of the East Rosedale Street Project (from IH-35W to US 287) in the amount of$87,632.00. C-22170 M&C C-22170 - Adopting Resolution No. 3495-06-2007 authorizing execution Res. No. 3495-06- of a Supplemental Agreement with Union Pacific Railroad to construct a signal 2007 upgrade at the Union Pacific and River Bend Boulevard railroad crossing in an Ord. No. 17593- amount not to exceed $149,416.00; authorizing the City Manager to execute an 06-2007 agreement with Riverbend Villas, LP, to fully fund a railroad signal upgrade at Union Pacific the Union Pacific Railroad & River Bend Boulevard crossing and accept Railroad and funding in the amount of$149,416.00; and adopting Appropriation Ordinance River Bend Villas, No. 17593-06-2007 increasing estimated receipts and appropriations in the LP Street Light and Signal Improvements Fund in the amount of $146,416.00 subject to execution of an agreement with River Bend Villas, LP, for the purpose of executing a construction agreement with Union Pacific Railroad for railroad signal equipment upgrades at the Union Pacific Railroad and River Bend Boulevard crossing. C-22171 M&C C-22171 - Authorizing the City Manager to execute a contract with Advanced Paving Advanced Paving Co. & Construction, Inc., in the amount of $483,547.00 for Co. & Sidewalk Contract - (Group 4) 2004 Capital Improvements Program, Project Construction, Inc. No. 00698 (DOE 5673). C-22172 M&C C-22172 - Authorizing the execution of the following utility relocation Chief Operating, reimbursement agreements with Chief Operating, LLC, as required for the LLC relocation of FM 156 as part of the runway extension project at Fort Worth Alliance Airport (DOE 4867): 1. A utility relocation reimbursement agreement in the amount of $35,352.00 for the relocation of an existing six-inch gas pipeline; and 2. A utility relocation reimbursement agreement in the amount of $33,000.00 for the relocation of an existing sixteen-inch PVC water line. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 8 of 15 C-22173 M&C C-22173 - Authorizing the transfer of$269,495.00 from the Storm Water Ord. No. 17594- Utility Fund to the Storm Water Capital Projects Fund and the transfer of 06-2007 $194,026.00 from the Water and Sewer Operating Fund to the Water Capital Ord. No. 17595- Projects Fund in the amount of$98,496.00 and the Sewer Capital Projects Fund 06-2007 in the amount of$95,530.00; adopting Appropriation Ordinance No. 17594-06- Slater 2007 increasing estimated receipts and appropriations in the Storm Water Engineering, Inc. Capital Projects Fund in the amount of$269,495.00 from a Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with Slater Engineering, Inc., for City Project No. 00480, storm water drainage improvements and water and sanitary sewer main replacement; adopting Appropriation Ordinance No. 17595-06-2007 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$98,496.00 and the Sewer Capital Projects Fund in the amount of$95,530.00 from a Water and Sewer Fund transfer, for the purpose of executing an engineering agreement with Slater Engineering, Inc., for City Project No. 00480, storm water drainage improvements and water and sanitary sewer main replacement; and authorizing the City Manager to execute an engineering agreement with Slater Engineering, Inc., in the amount of$421,805.00 for storm water drainage improvements and water and sanitary sewer main replacement on Berkshire- Hallmark Drainage Improvements, 150 Victorian Drive Drainage and Wedgwood Storm Drain. C-22174 M&C C-22174 - Authorizing the transfer of$187,981.00 from the Storm Water Ord. No. 17596- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 06-2007 Ordinance No. 17596-06-2007 increasing estimated receipts and appropriations Stream Water in the Storm Water Capital Projects Fund in the amount of$187,981.00 from a Group, Inc. Storm Water Operating Fund transfer, for the purpose of executing an engineering agreement with Stream Water Group, Inc., for East Como Drainage Improvements (City Project No. 00481); and authorizing the City Manager to execute an engineering agreement with Stream Water Group, Inc., in the amount of$112,898.00 for East Como Drainage Improvements. C-22175 M&C C-22175 - Authorizing the transfer of$39,799.00 from the Storm Water Ord. No. 17597- Operating Fund to the Storm Water Capital Projects Fund; adopting 06-2007 Appropriation Ordinance No. 17597-06-2007 increasing estimated receipts and Abaxial, Inc. appropriations in the Storm Water Capital Projects Fund in the amount of $39,799.00 from a Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with Abaxial, Inc., for Harvey Street Park Storm Drain Rehabilitation Study (City Project No. 00544); and authorizing the City Manager to execute an engineering agreement with Abaxial, Inc., in the amount of$34,608.00 for Harvey Street Park Storm Drain Rehabilitation Study. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 9 of 15 C-22176 M&C C-22176 - Authorizing the execution of two Storm Water Facility D.R. Horton- Maintenance Agreements from D.R. Horton-Texas, Ltd., and Terrace Landing Texas, Ltd., and Owners Association, for property described as a portion of the A.F. Albright Terrace Landing Survey, Abstract No. 1849, Tarrant County, Texas, located in west Fort Worth Owners (DOE 5044). Association C-22177 M&C C-22177 - Authorizing the City Manager to execute an engineering Teague Nall and agreement with Teague Nall and Perkins, Inc., in the amount of$361,072.00 for Perkins, Inc. Lebow Channel Roadway Crossing Replacement at Brennan Street, 28th Street and Dewey Avenue (Project No. 00778). C-22179 M&C C-22179 - Authorizing the transfer of$150,580.00 from the Storm Water Ord. No. 17598- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 06-2007 Ordinance No. 17598-06-2007 increasing estimated receipts and appropriations Stream Water in the Storm Water Capital Projects Fund in the amount of $150,580.00; and Group, Inc. authorizing the City Manager to execute an engineering agreement with Stream Water Group, Inc., in the amount of $119,297.00 for the Loving Avenue Channel and Culvert Improvements (Project No. 00626). C-22180 M&C C-22180 - Authorizing the execution of three Storm Water Facility McAlister Square Maintenance Agreements from McAlister Square Partners, GP, LLC, for Partners GP, LLC property located in south Fort Worth(DOE 5384). The referenced maintenance agreements are necessary to assure proper maintenance of three storm water facilities by the owner, McAlister Square Partners, GP, LLC. The maintenance shall occur at no cost to the City. C-22181 M&C C-22181 - Authorizing the transfer of$52,599.00 from the Storm Water Ord. No. 17599- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 06-2007 Ordinance No. 17599-06-2007 increasing estimated receipts and appropriations Teague Nall and in the Storm Water Capital Projects Fund in the amount of$52,599.00 from a Perkins, Inc. Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with Teague Nall and Perkins, Inc., for City Project No. 00629; and authorizing the City Manager to execute an engineering agreement with Teague Nall and Perkins, Inc., in the amount of $43,216.00 for Quail Run Drainage Improvements. C-22182 M&C C-22182 - Authorizing the transfer of$167,168.00 from the Storm Water Ord. No. 17600- Utility Fund to the Storm Water Capital Projects Fund and the transfer of 06-2007 $15,913.00 from the Water and Sewer Operating Fund to the Water Capital Ord. No. 17601- Projects Fund in the amount of$4,431.00 and Sewer Capital Projects Fund in 06-2007 the amount of $11,482.00; adopting Appropriation Ordinance No. 17600-06- DeOtte, Inc. 2007 increasing estimated receipts and appropriations in the Storm Water CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 10 of 15 Capital Projects Fund in the amount of$167,168.00 from a Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with DeOtte, Inc., for City Project No. 00630, storm water drainage improvements and water and sanitary sewer main replacement; adopting Appropriation Ordinance No. 17601-06-2007 increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$4,431.00 and the Sewer Capital Projects Fund in the amount of $11,482.00 from a Water and Sewer Fund transfer, for the purpose of executing an engineering agreement with Slater Engineering, Inc., for City Project No. 00630, storm water drainage improvements and water and sanitary sewer main replacement; and authorizing the City Manager to execute an engineering agreement with DeOtte, Inc., in the amount of$132,545.00, for storm water drainage improvements and water and sanitary sewer main replacement on Westcreek-Kellis Park Drainage Improvements. C-22183 M&C C-22183 - Authorizing the transfer of $109,732.00 from the Water and Ord. No. 17602- Sewer Operating Fund to the Sewer Capital Projects Fund; adopting 06-2007 Appropriation Ordinance No. 17602-06-2007 increasing estimated receipts and City of Benbrook appropriations in the Sewer Capital Projects Fund in the amount of$109,732.00 from a Water and Sewer Operating Fund transfer, for the purpose of executing an Interlocal Agreement with the City of Benbrook for the relocation of Fort Worth sanitary sewer interceptor Main M-259 within the Mary's Creek Drive right-of-way (City Project No. 00729); and authorizing the City Manager to execute an Interlocal Agreement with the City of Benbrook for the relocation of Fort Worth sanitary sewer interceptor Main M-259 within the Mary's Creek Drive right-of-way. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Davis, Presentations by that Robyn Medina Winnett be appointed to Place 4 and Hao Tran be appointed City Council to Place 10, respectively, on the Human Relations Commission, effective Appointments June 12, 2007, and with terms expiring October 1, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino made a motion, seconded by Council Member Silcox, that Sandra Stanford, representing the Goodrich Center for the Deaf and Hard of Hearing, be appointed to Place 7 and that Connie Anderson, Citizen designee, be appointed to Place 17, respectively, on the Mayor's Committee on Persons with Disabilities, effective June 12, 2007, and with terms expiring October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 11 of 15 Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations AGENDA ITEM XIII—REPORT OF THE CITY MANAGER P-10589 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. P-10589, Authorize a Lease Agreement for Tractors and Consideration Mowers with Waxahachie Equipment Company, Incorporated, for the Parks and Community Services Department, be withdrawn from consideration. L-14335 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. L-14335, Authorize the Cancellation of Lake Worth Lease Consideration with Lessee James Moore and Kristen Wilkerson for City-Owned Property Located at 7958 Malaga Drive (Lot 40, Block 7, Lake Worth Lease Addition), be withdrawn from consideration. C-22164 There was presented Mayor and Council Communication No. C-22164, dated FW-Eastland June 5, 2007, from the City Manager recommending that the City Council Housing Partners, approve an interim subordinate construction loan to FW-Eastland Housing Ltd. Partners, Ltd., in the amount of $900,000.00 from the City of Fort Worth utilizing its HOME Program Fund Allocation conditioned on an award of Low Income Housing Tax Credits by the Texas Department of Housing and Community Affairs; authorize the City Manager or his designee to execute a contract for the project with FW-Eastland Housing Partners, Ltd., for a two year term beginning on the date of execution of the contract; and authorize the City Manager or his designee to amend the contract if necessary to achieve project goals provided that the amendment is within the scope of the project and in compliance with applicable laws and regulations governing federal grant funds. Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22164 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22178 There was presented Mayor and Council Communication No. C-22178 from the Ord. No. 17603- City Manager recommending that the City Council authorize the transfer of 06-2007 $136,171.00 from the Storm Water Utility Fund to the Storm Water Capital Dannenbaum Projects Fund; adopt an appropriation ordinance increasing estimated receipts Engineering and appropriations in the Storm Water Capital Projects Fund in the amount of Corporation $136,171.00 from a Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with Dannenbaum Engineering CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 12 of 15 Corporation for City Project No. 00474; and authorizing the City Manager to execute an engineering agreement with Dannenbaum Engineering Corporation in the amount of $97,138.00 for Linda Lane Drainage Improvements, Dottie Lynn Parkway Culvert Improvements and Oakridge Terrace Drainage Improvements. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22178 be approved and Appropriation Ordinance No. 17603 be adopted as corrected. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22184 There was presented Mayor and Council Communication No. C-22184 from the Ord. No. 17604- City Manager recommending that the City Council adopt a supplemental 06-2007 appropriation ordinance increasing appropriations in the Culture and Tourism Ord. No. 17605- Fund in the amount of $3,254,463.00 and decreasing the unreserved, 06-2007 undesignated fund balance by the same amount, for the purpose of transferring Thos. S. Byrne, said funds to the Parking Garage Capital Project Fund to execute a contract Ltd. with Thos. S. Byrne, Ltd., for the construction of a new downtown parking garage (00136); authorize the City Manager to transfer $3,254,463.00 from the Culture and Tourism Fund to the Parking Garage Capital Project Fund; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Parking Garage Capital Project Fund in the amount of$3,254,463.00 from a Culture and Tourism Fund transfer, for the purpose of executing a contract with Thos. S. Byrne, Ltd., for the construction of a new downtown parking garage (00136); and authorize a Construction-Manager-at-Risk agreement with Thos. S. Byrne, Ltd., in the amount of$22,965,032.00 for the construction of a new downtown parking garage. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22184 be approved, Supplemental Appropriation Ordinance No. 17604-06-2007 and Appropriation Ordinance No. 17605-06-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-07-087 It appeared that the City Council, at its meeting of June 5, 2007, continued the Ord. No. 17606- hearing of the application of the City of Fort Worth for a change in zoning of 06-2007 property located in the 3700 block of Linden Avenue from "B" Two Family Approved Residential to "A-5" One Family Residential, Zoning Docket No. ZC-07-087. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 13 of 15 There being no one 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 Silcox, that the hearing be closed and that Zoning Docket No. ZC-07-087 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ORDINANCE NO. 17606-06-2007 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. Agenda Item XV Mayor Moncrief recognized Mr. Mark McLean, 6416 Hilldale Road, as Citizen desiring to address the Council relative to fluoride in the City's water; however, Presentations Mr. McLean was not present in the Council Chamber. Mark McLean Charles T. Crouch Mr. Charles T. Crouch, 1324 East Butler, appeared before Council relative to a death on Butler Street. Mr. Crouch advised the Council of his efforts to alert various divisions and personnel within the Police Department of the illegal activity at this address for over two years. He expressed frustration with the non-responsiveness from the Police Department and asked that the City provide equal public safety services to the Sunny Gardens neighborhood as they did with other parts of the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12, 2007 PAGE 14 of 15 Mayor Moncrief stated that he understood Mr. Crouch's frustration and apologized on behalf of the City. He advised Mr. Crouch that the City would look into why there was not an earlier response to this issue and assured him that the City and Council were sensitive to what happened in the entire City and cared about his neighborhood. Council Member Davis requested that Assistant City Manager Joe Paniagua provide a formal report on calls made to the Police Department on this issue that included the reasons for failure to follow up. She added that this was not the first time she had heard of citizens coming forward and complaining about having made reports about a drug house and not having received what they believed was a fair and adequate response from then Police Department. She stated that if she were Mr. Crouch and lived next to a drug house, she would expect to be responded to in a better way; that no one would want to be in that situation. She apologized to Mr. Crouch for the failure to respond to his concerns and advised him that he would receive a copy of the report once it had been received by the Council. L. Edward Mr. L. Edward Briscoe, Jr., 2240 Briardale Road, President of the Glencrest Briscoe, Jr. Civic League Neighborhood Association, appeared before Council relative to the proposed placement of a high impact gas well at the Glen Gardens Country Club. He expressed concerns relative to the distance of the well from residents and the neighborhood not having an opportunity to voice their concerns about this issue. He submitted additional petitions from residents who opposed the gas well. He requested that the Council deny the application from the Four Sevens Oil Company to drill the gas well at this location and requested the administrative process be deleted so that all high impact gas well permits come before the Council for public input. Robert Sanders Mayor Moncrief recognized Mr. Robert Sanders, 2217 Ridgeview Street, as desiring to address the Council relative to the proposed high impact gas well at the Glen Gardens Country Club. However, Mr. Sanders stated that Mr. Briscoe's presentation represented his concerns. Assistant City Attorney Sarah Fullenwider presented information to the Council on the proposed gas well. She reviewed two maps showing the location of the well and the distance requirements of 200 feet, 600 feet and 1,000 feet. She pointed out that waivers were signed by the owners of the two properties within the 600 foot distance requirement and that staff was reviewing alternate road accessibility to minimize traffic in the neighborhood. Ms. Fullenwider also explained provisions within the Gas Well Drilling ordinance that address waivers and distance requirements. She also provided a briefing on locations of high impact gas wells within the City and a map of those locations. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 12,2007 PAGE 15 of 15 Joe Waller Mr. Joe Waller, 2533 Castle Circle, President of the Lake Worth Alliance, appeared before Council and congratulated the City on the vibrancy of the Downtown area. He also pointed out the value of Lake Worth, its parks and the benefit revenue from the Barnett Shale would have on the lake. He advised the Council that test dredging of the lake was scheduled for June 14, 2007. David Kahn Mr. David Kahn, 11363 Southwest Aventine Circus, Portland, Oregon, appeared before Council and advised them that the Fort Worth Flyers Basketball Team would not return to Fort Worth in 2008. He pointed out the investment the organization had made in Fort Worth and addressed the organization's community service efforts. He explained the difficulty the organization experienced with Fort Worth businesses and the negative association of being co-located with the City's former hockey team, costs with advertising and competition with the Dallas Mavericks Basketball team. He requested the City provide modest relief from the $161,000.00 the organization owed to the City in return of the organization's $3.2 million investment made in the City. Mayor Moncrief stated that the Fort Worth Flyers was a first class business and that the team and sport was represented with dignity. He added that the City had high hopes that the organization would succeed and was regretful that the organization experienced circumstances they could not overcome. City Attorney Yett advised Mr. Kahn that a response to his request for modest relief to money owed the City could not be addressed at the Council meeting as the issue had not been reflected on the City Council Agenda for action. Agenda Item XVII There being no further business, the meeting was adjourned at 8:15 p.m. in Adjournment honor and memory of Ramona Utti. These minutes approved by the Fort Worth City Council on the 19th day of June, 2007. Attest: Approved: . r Marty H drix M hael J. Moncrieef City Secretary Mayor