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HomeMy WebLinkAbout2007/08/28-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 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 Absent Council Member Wendy Davis, District 9 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:33 a.m. on Tuesday, August 28, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Davis absent. Agenda Item H The invocation was given by Reverend Tom Faile, Faith United Methodist Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Moss, seconded by Council Member Approval of Silcox, the minutes of the regular meeting of August 21, 2007, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item V Mr. Carl Bell, owner of the Fort Worth CATS Baseball Team, stated that the Special CATS had a winning second half season and were once again in the playoffs. Presentations He added that although they lost their game last night in El Paso, they would play again on August 30, 2007, at 7:05 p.m. with the goal of winning and playing on August 31 and September 1, 2007. He assured the Council that the team would do their best to bring the trophy home to Fort Worth once again. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 2 of 20 Council Member Moss presented a Proclamation for National Cowboys of Color Rodeo Day to Jim Austin, founder of the Cowboys of Color Museum. Mr. Austin advised of their upcoming events and provided the Council with a souvenir program. Agenda Item VI Council Member Espino expressed appreciation to all the City staff that Announcements represented the City at the District 2 Town Hall Meeting on August 22, 2007, at the Texas Motor Speedway for the residents of Chadwick Farms. He stated that it was a great turnout for this new community off SH 114 and Cleveland Gibbs Road and that the community was very appreciative for the meeting. Mayor Pro tem Hicks congratulated and applauded Council Member Espino for continuing his Hispanic Leadership Breakfasts. She stated that the breakfast on August 25, 2007, was well attended and that the guest speaker was Dr. Melody Johnson from Fort Worth Independent School District. She stated that the breakfast was excellently attended and played an important role in the City in connecting citizens to leadership. She expressed appreciation to the Fort Worth Commission for Women for their program last week on Texas Women, "Why Aren't You Voting". She pointed out that women fought long and hard for the right to vote and that the City needed to continue to encourage women to get out and vote. She announced that the first meeting for the Cobb Park Master Plan would be conducted on August 30, 2007, at 6:00 p.m. at First St. John Baptist Church on East Berry. She encouraged everyone interested to attend. Council Member Silcox stated that the second public meeting for the Joint Land Use Study Policy Committee was held last night. He stated that there were 18,000 invitations were sent out for the first meeting and had 97 people attend; the invitation was redesigned for the second meeting and 17,000 invitations were mailed and only 136 people attended last night. He expressed appreciation to the citizens who attended these meetings, but was concerned for those citizens who did not attend. He referred to an article in the Fort Worth Star-Telegram on August 27, 2007, that emphasized the importance of what the Committee was trying to do. Council Member Silcox pointed out that presentations would be made to the six cities affected by this issue of how the Committee can restructure zoning, building codes, etc., to help make sure that the land within the 65 decibel noise level area of the base was compatible to the base. He stated that the rules only applied to undeveloped, vacant land; not to any land that had a structure and yet with all the property affected, and 17,000 property owners, only 136 people attended the meeting. He stated that the Committee was doing their best to ensure all affected property owners were informed of this issue. Council Member Silcox also reiterated his comments CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 3 of 20 from previous meetings about the illegal activity of blowing grass clippings and leaves into City Streets. He advised City Manager Boswell that City employees in the field observing this activity needed to report the offenders to the Police Department. Mayor Moncrief noted that Council Member Silcox's issue had garnered support from one of the City of Dallas Council Members and that helped to have a universal message to raise awareness to this activity. Council Member Scarth announced that a District 4 Police Forum would be held this evening at 7:00 p.m. at Nolan High School and invited all District 4 residents to attend. Council Member Moss expressed appreciation to Carl Smart, Code Compliance Department Director and the staff of the Code Compliance Department for working with him to conduct the District 5 Code Forum on August 23, 2007. He added that the forum was well attended and that Code Compliance had provided excellent materials to the public and commended them on a tremendous job. Mayor Moncrief acknowledged the time and dedication the City staff provided in the performance of their duties. He pointed out that it was the time that the staff could spend with their families and that he and the Council appreciated their efforts and did not take for granted the jobs City employees do every day. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15844 and C-22347 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ G-15846 be continued until the September 4, 2007, Council meeting. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Espino, the Council voted eight (8) ayes to zero (0) nays, with Council Member Davis absent, to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1622 M&C OCS-1622 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 4 of 20 G-15843 M&C G-15843 - Adopting Ordinance No. 17727-08-2007 adjusting the total Ord. No. 17727- number of authorized civil service positions in the Police Department; adding 08-2007 three sergeant positions and twenty-five (25) police officer positions; providing Increase Civil a statement of purpose and intent for the adoption and implementation of this Service Staff in ordinance; providing that this ordinance shall be cumulative; and providing a Police Department severability clause. P-10638 M&C P-10638 - Authorizing the purchase of one Ford F750 flatbed truck from Ford F750 Flatbed Houston-Galveston Area Council Cooperative Contract HT11-05 with Truck Chastang's Bayou Ford for the Information Technology Solutions Department for a cost not to exceed $61,776.00, with payment due within 30 days of the date of the invoice. P-10639 M&C P-10639 - Authorizing a purchase agreement for curb stops with lock pad Curb Stops with wings with Texas Water Products, Inc., for the Water Department based on unit Lock Pad Wings prices meeting specifications. Payments are due 30 days after receipt of invoice and freight is included in the unit prices; and authorizing this agreement to begin August 7, 2007, and expire August 6, 2008, with options to renew for two additional one-year periods. L-14380 M&C L-14380 - Authorizing the acquisition of one permanent water main Acquire Permanent easement and one temporary construction easement described as a strip of land Water Main in the George Hamilton Survey, Abstract No. 751, Tarrant County, Texas, from Easement and 24/7 Partners, a Texas General Partnership, on the property located at East Temporary Risinger Road and Interstate 35 South, for the construction of the South Side II Construction Water Transmission Main (DOE 4083), in the amount of $7,300.00, plus an Easement for estimated closing cost of $2,000.00; and authorizing the acceptance and Construction of recording of appropriate instruments. South Side II Water Transmission Main L-14381 M&C L-14381 - Authorizing the acquisition of one permanent water main Acquire Permanent easement and one temporary construction easement described as a strip of land Water Main in the J. Renfro Survey, Abstract No. 1273, Tarrant County, Texas, from FW Easement and 140, LTD, on the property located at West Risinger Road and Interstate 35 Temporary South Freeway, in the amount of$35,568.00, plus an estimated closing cost of Construction $5,000.00, for the construction of the South Side II Water Transmission Main Easement for (DOE 4083); and authorizing the acceptance and recording of appropriate Construction of instruments. South Side II Water Transmission Main CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 5 of 20 L-14382 M&C L-14382 - Authorizing the acquisition of one permanent water main Acquire easement and one temporary construction easement described as a strip of land Permanent Water in the George Hamilton Survey, Abstract No. 751, Tarrant County, Texas, from Main Easement Christopher Harris, Trustee for the Boult, Cummings, Conners and Berry Trust and Temporary on the property located at 9700 South Freeway for the construction of South Construction Side II Water Transmission Main (DOE 4083), in the amount of $18,000.00 Easement for plus an estimated closing cost of$2,500.00; and authorizing the acceptance and Construction of recording of appropriate instruments. South Side II Water Transmission Main L-14383 M&C L-14383 - Authorizing the acquisition of one vacant residential lot Acquire Vacant located at 3200 Schwartz Avenue, Lot 12R, Block 34, J.M. Moody Addition, Residential Lot for for the Lebow Channel Drainage Project (DOE 4623, Project No. 00084); Lebow Channel finding that the price offered, in the amount of $5,000.00, plus an estimated Drainage Project closing cost of $1,500.00, is just compensation; and authorizing the City Manager to execute and record the appropriate documentation. C-22337 M&C C-22337 - Authorizing the City Manager to execute a contract with Charles W. Evans Charles W. Evans for personal services involving consultation with the City of Fort Worth and representation of the City before the Texas State Legislature, State agencies, and the Office of the Governor. The term of the contract will be from September 1, 2007, to August 31, 2008, with a one year option to renew under the same terms and conditions. C-22338 M&C C-22338 - Authorizing the City Manager to execute a contract with Walter Fisher Walter Fisher for personal services involving consultation with the City of Fort Worth and representation of the City before the Texas State Legislature, State agencies, and the Office of the Governor. The term of the contract will be from September 1, 2007, to August 31, 2008, with a one year option to renew under the same terms and conditions. C-22339 M&C C-22339 - Authorizing the City Manager to execute a contract with Lawrence Collins Lawrence Collins for personal services involving consultation with the City of Fort Worth and representation of the City before the Texas State Legislature, State agencies and the Office of the Governor. The term of the contract will be from September 1, 2007, to August 31, 2008, with a one year option to renew under the same terms and conditions. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 6 of 20 C-22340 M&C C-22340 - Authorizing the transfer of $39,598.32 from the Water and Ord. No. 17728- Sewer Operating Fund to the Water Capital Projects Fund; adopting 08-2007 Appropriation Ordinance No. 17728-08-2007 increasing estimated receipts and Gilco Contracting, appropriations in the Water Capital Projects Fund in the amount of$39,598.32 Inc. from a Water and Sewer Operating Fund transfer, for the purpose of executing a contract with Gilco Contracting, Inc., for Pavement Reconstruction and Water Line Replacement on Chapel Creek Boulevard (City Project No. 00139); and authorizing the City Manager to execute a contract with Gilco Contracting, Inc., in the amount of $695,892.30 for Pavement Reconstruction and Water Line Replacement on Chapel Creek Boulevard (IH30 - Chapin Road). C-22341 M&C C-22341 - Authorizing the transfer of $1,700,000.00 from the Solid Ord. No. 17729- Waste Fund to the Specially Funded Capital Projects Fund; adopting 08-2007 Appropriation Ordinance No. 17729-08-2007 increasing estimated receipts and Freese and appropriations in the Specially Funded Capital Projects Fund in the amount of Nichols, Inc. $1,700,000.00 from available funds for the purpose of funding the design contract with Freese and Nichols, Inc., the construction, ITS, geotech testing and administration of the Citizen Drop-Off Station at 6250 Old Hemphill Road; and authorizing the City Manager to execute a design and construction administration services contract with Freese and Nichols, Inc., in the amount not-to-exceed $131,000.00 for the Citizen Drop-Off Station at 6250 Old Hemphill Road (the Southside Drop-Off Station). C-22342 M&C C-22342 - Adopting Appropriation Ordinance No. 17730-08-2007 Ord. No. 17730- increasing estimated receipts and appropriations in the Culture and Tourism 08-2007 Fund in the amount of $142,395.00 and decreasing the unreserved, Ord. No. 17731- undesignated fund balance by the same amount, for the purpose of transferring 08-2007 said funds to the Specially Funded Capital Projects Fund to execute a job order Alpha Building contract with Alpha Building Corporation, to construct a canopy for the Corporation practice area at Will Rogers Memorial Center; authorizing the transfer of $142,395.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; adopting Appropriation Ordinance No. 17731-08-2007 increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $142,395.00 from available funds for the purpose of executing a job order contract with Alpha Building Corporation, to construct a canopy for the practice area at Will Rogers Memorial Center; and authorizing the City Manager to execute a work order with Alpha Building Corporation in the amount of $127,395.00 to construct a cantilevered, shade canopy for the practice area adjacent to the John Justin Arena at the Will Rogers Memorial Center. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 7 of 20 C-22343 M&C C-22343 - Authorizing the City Manager to execute a Vehicle Usage Tarrant County Agreement for two vehicles with Tarrant County, acting by and through the Tarrant Regional Auto Theft Task Force; and authorizing the agreement to be effective for one year from the delivery date and renew automatically for an additional one-year period unless either party desires to terminate the agreement. C-22344 M&C C-22344 - Authorizing the City Manager to execute an unimproved New One Hangars, ground lease agreement with mandatory improvements between New One LLC Hangars, LLC, and the City of Fort Worth for the construction of an aircraft maintenance facility on the northeast side of Fort Worth Spinks Airport. C-22345 M&C C-22345 - Authorizing the City Manager to execute a Consent to Deed of New One Hangars, Trust Lien by New One Hangars, LLC, in favor of First State Bank Texas for LLC Lease Site E-20 at Fort Worth Spinks Airport. C-22346 M&C C-22346 - Authorizing the City Manager to execute an agreement with TeleCheck Telecheck. This agreement will provide for Telecheck Services, Inc., to Services, Inc. support a "check by phone" service that will be integrated with the existing Selectron Interactive Voice Response System for the Water Department. The motion carried. End of Consent Agenda. Agenda Item X Council Member Moss made a motion, seconded by Council Member Espino, Presentations by that Cecille Roney be re-appointed to Place 5 on the Historic and Cultural City Council Landmarks Commission effective August 28, 2007, and with a term expiring Appointments October 1, 2009. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Council Member Moss made a motion, seconded by Council Member Espino, that Henry Jefferson be reappointed to Place 5 on the Appeals Board effective August 28, 2007, and with a term expiring September 30, 2009. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Mayor Moncrief requested the Council's consideration to appoint Sheila Ann Hill to Place 1 on the Parks and Community Services Advisory Board and Jennifer Jayne Harnish to Place 1 on the Urban Forestry Board. Council Member Silcox made a motion, seconded by Council Member Moss, that Sheila Ann Hill be appointed to Place 1 on the Parks and Community Services Advisory Board and Jennifer Jayne Harnish be appointed to Place 1 on CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 8 of 20 the Urban Forestry Board effective August 28, 2007, and with terms expiring October 1, 2009. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C.P. 271 There was presented Council Proposal No. 271, dated August 21, 2007, Waive Fee for proposing that the City Council authorize a waiver of the right-of-way vacation Street Vacation of and plat application fees, in the amount of$1,017.00, for a portion of Carlock Portion of Carlock Street between College Avenue and the north-south alley of Block 1 of Street Carlock's South Side Addition. Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Council Proposal No. 271 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XHI City Secretary Hendrix presented a report on the Certification of the "Collective Report on Bargaining" petitions presented by the Fort Worth Professional Firefighters to Certification of the City Secretary's Office on July 26, 2007. "Collective Bargaining" REPORT ON CERTIFICATION OF "COLLECTIVE BARGAINING" Petitions PETITIONS PRESENTED BY THE FORT WORTH Presented by Fort PROFESSIONAL FIREFIGHTERS Worth TO THE CITY SECRETARY'S OFFICE ON JULY 26, 2007 Professional Firefighters to To: The Honorable Mayor and City Council Members City Secretary's Office on From: Marty Hendrix, City Secretary July 26, 2007 Date: August 23, 2007 The City Secretary's Office received petitions for "Collective Bargaining" on Thursday, July 26, 2007, worded as follows: "Adoption of the state law applicable to fire fighters that establishes collective bargaining if a majority of the affected employees favor representation by an employee association, preserves the prohibition against strikes and lockouts, and provides penalties for strikes and lockouts". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 9 of 20 For this issue to be placed on a ballot for voter approval per Texas Local Government Code, Section 174.051, a petition must be signed by a number of qualified voters of the municipality equal to at least 5% of the qualified voters voting in the political subdivision in the preceding general election for state and county officers. This number was determined to be 5,505. There were 442 petitions, containing 3,012 pages, with an estimated amount of 7,652 signatures. However, there were a number of pages that were incomplete and did not have signatures. STATUTORY REQUIREMENTS FOR THE PETITION The validation process was conducted in accordance with the provisions of the Texas Local Government Code, Chapter 174 and the Texas Election Code, Chapter 277. Texas Local Government Code, Section 174 requires: • The petition contains 5% of the number of qualified voters voting in the political subdivision in the preceding general election for state and county officers. Chapter 277 stipulates that the petition format must contain: • The signer's printed name • The signer's signature • The signer's address and date of birth or the signer's voter registration number • The date of signing the petition • The county of residence if the territory from which the signatures must be obtained is situated in more than one county. • The dates on the petition must be within 180 days of the date the petition is filed. • Comply with any other applicable requirements prescribed by law. The validation process was completed on Thursday, August 16, 2007. A total review of all signatures was the method used for the validation process until the required number of signatures was exceeded, rather than a random sampling method. FINDINGS The findings of the validation process resulted in at least 6,514 validated signatures, which is more than the required number of signatures necessary. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 10 of 20 RECOMMENDATION The City Council should acknowledge receipt of this petition certification. Agenda Item XIV There was presented an ordinance ordering a special election to be held in the Ord. No. 17732- City of Fort Worth, Texas, on Tuesday the 6th day of November, 2007, for the 08-2007 purpose of submitting to the qualified voters of said city the question of Order Special whether the City of Fort Worth should be authorized to establish collective Election for bargaining for the firefighters if a majority of the affected employees favor November 6, 2007, representation by an employee association. to Establish Collective Mayor Moncrief advised Council that this was not a question of what the Bargaining for Council believed or whether they would support or object to what was being Firefighters proposed; only that the ordinance would provide for the election process. Council Member Silcox made a motion, seconded by Council Member Espino, that Ordinance No. 17732-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item XV There was presented a resolution appointing Jesse Aguilera to Place 6 to serve Res. No. 3519-08- on the Mayor's Advisory Commission on Homelessness, beginning 2007 August 28, 2007, and with a term expiring September 30, 2008. Appoint Jesse Aguilera to Place 6 Council Member Espino made a motion, seconded by Council Member Moss, to Serve on Mayor's that Resolution No. 3519-08-2007 be adopted. The motion carried Advisory unanimously eight (8) ayes to zero (0) nays, with Council Member Davis Commission on absent. Homelessness AGENDA ITEM XVI—REPORT OF THE CITY MANAGER G-15844 There was presented Mayor and Council Communication No. G-15844 Amend Ord. No. recommending that the City Council adopt an ordinance amending City 15864 to Reflect Ordinance No. 15864 as previously amended to change the name from Classic Name Change from Acquisition Corp., d/b/a Yellow Checker Shuttle to Classic Acquisition Corp., Classic Acquisition d/b/a Go Yellow Checker Shuttle; providing that the findings and recitations Corp., d/b/a Yellow contained in the preamble are the findings of the City Council; providing for Checker Shuttle to Classic Acquisition written acceptance of this ordinance by Classic Acquisition Corp., d/b/a Yellow Corp., d/b/a Go Checker Shuttle. Yellow Checker Shuttle Council Member Burdette made a motion, seconded by Council Member Continued Until Jordan, that Mayor and Council Communication No. G-15844 be adopted. September 11, 2007 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 11 of 20 Jack Bewley Mr. Jack Bewley, 2210 S. Riverside, appeared before Council in support of the name change. He stated that the company had the same reservation system in 110 airports in the United States and Paris, France. He added that the City of Dallas and the D/FW Airport had approved this change and that the color scheme would match various airports within the United States. He pointed out that the company was trying to devise an international transportation system for shuttle companies whereby customers could schedule complete shuttle transportation to and from their destination. Dallas Cothrum Mr. Dallas Cothrum, 900 Jackson Street #640, Dallas, Texas, representing City Shuttle, appeared before Council in support of the name change; however, he expressed opposition to changing the color of the Go Yellow Checker Shuttle. He pointed out that the Dallas City staff agreed to the color change, but that seven Council Members had agreed to place it on the Council meeting agenda for discussion. He provided several examples where people identify a service by a color or a logo, e.g., people see the brown color of UPS trucks before they see the logo, Coke red, and other trademark colors. He provided pictures of two white shuttles side-by-side that were from different companies and explained that it was very difficult to determine which shuttle belonged to either company which created confusion and inconvenience for customers, especially if the shuttle was involved in an accident. He expressed concern that the color change would also be confusing for customers who purchase e-tickets as if the applicant was also to have white shuttles, there would be confusion between City Shuttle's white, green and yellow color scheme and the applicant's white and green color scheme. He added there was a wide range of colors that the applicant could select to differentiate themselves in a manner that would be appropriate with other companies. He emphasized that the color change would have a negative impact on City Shuttle's business and cause difficulties for passengers to find the appropriate shuttle. Andrew James Mr. Andrew James, 3131 Halifax, Dallas, Texas, Public Relations Manager for City Shuttle, appeared before Council in opposition to changing the color of the Go Yellow Checker Shuttle. He reiterated Mr. Cothrum's comments relative to e-tickets, color schemes and accidents. Council Member Burdette stated that what was before the Council was an ordinance amending the contract or license between the City and Yellow Checker Shuttle. He pointed out that the issue before the Council was relative to amending the change in name and did not address the color scheme and he did not know if the Council had authority to control the color of the shuttle. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 12 of 20 City Attorney Yett stated that the City had to approve the name and color change; however, the City did not purport to grant an exclusive right to a particular color to any company, but made sure that the general scheme of the shuttle would work. He added that the color change was part of the proposed amendment. Barry Sagani Mr. Barry Sagani, 3131 Halifax, Dallas, Texas, President of City Shuttle, appeared before Council in opposition of the applicant's change of shuttle color. He provided background information on the applicant's desire to have a business in Fort Worth, but was advised by Mayor Moncrief to not provide disparaging comments about the applicant. City Attorney Yett stated that upon further review, the ordinance did not address the color of the vehicle as he was previously advised; that it only address the name change. He added that staff had a question that needed to be reviewed to ensure that Council was correctly being advised. Council Member Silcox inquired if the applicant was a separate company from Yellow Cab, what market Yellow Cab was currently serving and asked if the same color scheme was used by Go Shuttle throughout all markets. Mr. Bewley responded that the applicant's company was a separate entity from Yellow Cab which served all of the Metroplex, but was under the same ownership. He clarified that Go Shuttle was an international company and used the same color scheme throughout their market. He added that the Go Shuttle operation wanted to expand into the Dallas/Fort Worth area. Council Member Burdette withdrew his motion, and Council Member Jordan withdrew his second. Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15844 be continued until the September 11, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 13 of 20 G-15845 There was presented Mayor and Council Communication No. G-15845 from Res. No. 3520-08- the City Manager recommending that the City Council adopt a resolution 2007 appointing five residents of the City of Fort Worth and the Chief Financial Appoint Trustees Officer of the City of Fort Worth as trustees to serve in Places 8, 9, 10, 11, 12 to Places 8, 9, 10, and 13, respectively, on the Board of Trustees of the Fort Worth Employees' 11, 12 and 13 on Retirement Fund, effective September 1, 2007, and expiring on dates indicated Board of Trustees as follows: of the City of Fort Worth Employees' Place Name Term Expiring Retirement Fund 8 Rosa Navejar August 31, 2008 9 Jim Hille August 31, 2009 10 John Stevenson August 31, 2008 11 Glenn Forbes August 31, 2009 12 Mike Bickley August 31, 2008 13 Karen L. Montgomery August 31, 2009 Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15845 be approved and Resolution No. 3520-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. G-15846 It was the consensus of the City Council that Mayor and Council Change Retiree Communication No. G-15846, Adopt City Council Resolution Changing Healthcare Benefits Retiree Healthcare Benefits for Employees Hired on or after January 1, 2008, for Employees be continued until the September 4, 2007, Council meeting. Hired On or After January 1, 2008 Continued Until September 4, 2007 G-15847 There was presented Mayor and Council Communication No. G-15847 from Execute the City Manager recommending that the City Council authorize the City Settlement Manager to execute a Settlement Agreement with Clear Channel, Inc., to Agreement to remove its sign located at 1037 Rosedale Street and install a sign at 7300 Remove and Interstate Highway 35W. Install Sign Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15847 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 14 of 20 Mayor Pro tem Hicks expressed appreciation to staff and Council Member Silcox. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15848 adopt an ordinance designating Tax Abatement Reinvestment Zone. No. 61, Ord. No. 17733- City of Fort Worth, Texas, for property located at US 377 and Westport 08-2007 Parkway. Mayor Moncrief opened the public hearing and asked if there was Designate Tax anyone present desiring to be heard. Abatement Reinvestment Mr. Mark Folden, Business Development Coordinator, Economic and Zone No. 61 Community Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15848, as follows: There was presented Mayor and Council Communication No. G-15848 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 61, City of Fort Worth, Texas, for property located at US 377 and Westport Parkway; and adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number Sixty-One (61), City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone pursuant to and in accordance with Chapter 312 of the Texas Tax Code. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed, Mayor and Council Communication No. G-15848 be approved and Ordinance No. 17733-08-2007 be adopted. The motion carried seven (7) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote and with Council Member Davis absent. PZ-2751 There was presented Mayor and Council Communication No. PZ-2751 from the Ord. No. 17734- City Manager recommending that the City Council institute and consider the 08-2007 adoption of an ordinance declaring certain findings; providing for the extension City Initiated of certain boundary limits of the City of Fort Worth; providing for the Annexation annexation of an approximately 15.3 acre tract of land north of Interstate (AX-07-002 Highway 30 and west of Chapel Creek Boulevard situated in the C.K. Gleason Attebury Tract) Survey, Abstract No. 559, situated about 10 miles south 80 degrees west of the courthouse, Tarrant County, Texas (Case No. AX-07-002 Attebury Tract), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 15 of 20 pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. PZ-2751 be approved and Ordinance No. 17734-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. PZ-2752 There was presented Mayor and Council Communication No. PZ-2752 from the Ord. No. 17735- City Manager recommending that the City Council institute and consider the 08-2007 adoption of an ordinance declaring certain findings; providing for limited Limited Purpose purpose annexation of a certain 108.19 acres (169 square miles) of land, more Annexation or less, located north of State Highway 114 and west of FM 156 out of the G. in Denton County, Cardinas Survey, Abstract No. 214, Denton County, Texas, pursuant to Section Texas 43.075 1, Local Government Code, for the sole purpose of imposing a sales and use tax; providing that this ordinance shall amend every prior ordinance in conflict herewith. Council Member Espino made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. PZ-2752 be approved and Ordinance No. 17735-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-22347 There was presented Mayor and Council Communication No. C-22347 from the Ord. No. 17736- City Manager recommending that the City Council authorize the City Manager 08-2007 to enter into an agreement with the Fort Worth Independent School District to Fort Worth provide the Fort Worth After School Program at Como Elementary School for Independent the 2007-2008 school year; and adopt a supplemental appropriation ordinance School District increasing estimated receipts and appropriations in the General Fund in the amount of$48,970.00 subject to renewal of an agreement with the Fort Worth Independent School District, for the purpose of funding the operation of the Fort Worth After School Program at Como Elementary School for the 2007- 2008 school year. Council Member Moss advised the Council that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would be abstaining from voting on this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 16 of 20 Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22348 be approved and Supplemental Appropriation Ordinance No. 17736-08-2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Davis absent and with one (1) abstention by Council Member Moss. C-22348 There was presented Mayor and Council Communication No. C-22348 from the ETC Institute City Manager recommending that the City Council adopt a supplemental Continued Until appropriation ordinance increasing appropriations in the General Fund in the September 11, amount of $47,455.42 and decreasing the unreserved, undesignated fund 2004 balance by the same amount, for the purpose of executing a professional services contract with ETC Institute for the design, administration, execution and analysis of a post contact survey measuring the quality of customer service of the City; and authorize the City Manager to execute a professional services contract with ETC Institute for the design, administration, execution and analysis of a post contact survey measuring the quality of customer service given by designated divisions within seven departments, at a cost not to exceed $98,047.00. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22348 be continued until the September 11, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-22349 There was presented Mayor and Council Communication No. C-22349 from the Cutler Repaving, City Manager recommending that the City Council authorize the City Manager Inc. to execute a contract with Cutler Repaving, Inc., in the amount of $1,939,365.00 for 70 working days for HMAC Hot In-Place Recycling (2007-9) at various locations. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22349 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-22350 There was presented Mayor and Council Communication No. C-22350 from the Ord. No. 17737- City Manager recommending that the City Council authorize a transfer of 08-2007 $1,736,483.66 from the Water and Sewer Operating Fund to the Water Capital Conatser Projects Fund in the amount of$369,214.00 and Sewer Capital Projects Fund in Construction the amount of $1,367,269.66; adopt an appropriation ordinance increasing Texas, LP estimated receipts and appropriations in the Water Capital Projects Fund in the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 17 of 20 amount of$369,214.00 and the Sewer Capital Projects Fund in the amount of $1,367,269.66, from available funds, for the purpose of executing a contract with Conatser Construction Texas, LP, for pavement reconstruction and water and sanitary sewer main replacement on portions of Andrew Avenue, Dallas Avenue, Heitt Court and Liberty Street (Project No. 00162); and authorize the City Manager to award a contract to Conatser Construction Texas, LP, in the amount of $3,315,747.50, for pavement reconstruction and water and sanitary sewer main replacement on Andrew Avenue (Elgin Street to Booker T Street), Dallas Avenue (Benton Avenue to East Lancaster Avenue), Heitt Court (Weiler Boulevard to East Cul-de-sac), Heitt Court (West Dead End to Canton Drive) and Liberty Street(Calumet Street to Willie Street). Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22350 be approved and Appropriation Ordinance No. 17737-08-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-22351 There was presented Mayor and Council Communication No. C-22351 from the Change Order No. City Manager recommending that the City Council authorize the City Manager 1 to CSC No. to execute Change Order No. 1 to City Secretary Contract No. 35501 with 35501 - Conatser Conatser Construction of Texas, LP, for water and sanitary sewer relocations Construction of for SH-121T (Southwest Parkway), Parts 1, 5 and 7A (City Project No. 00204), Texas, LP in the amount of $245,890.00 thereby increasing the contract amount to $3,430,828.00. Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22351 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-22352 There was presented Mayor and Council Communication No. C-22352 from the Correct M&C City Manager recommending that the City Council approve the correction of C-22303 -Archer M&C C-22303 to correct the contractor's name, Archer Western Contractors, Western Ltd., and therefore to authorize the execution of a contract with Archer Western Contractors, Ltd. Contractors, Ltd., in the amount of$5,391,000.00 for the McCart Pump Station and Ground Storage Tank Improvements. Council Member Jordan made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22352 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 18 of 20 C-22353 There was presented Mayor and Council Communication No. C-22353 from the Amon G. Carter City Manager recommending that the City Council authorize the City Manager Foundation to accept funds in the amount of $25,000.00 from the Amon G. Carter Foundation to supplement the operation of the 2007 Parks and Community Services Summer Day Camp at the Como Community Center. Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22353 be approved with appreciation. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. C-22354 There was presented Mayor and Council Communication No. C-22354 from the Change Order No. City Manager recommending that the City Council authorize the reallocation of 2 to CSC No. Community Development Block Grant Year XXXI funds in the amount of 34413 - West $41,329.00 from the Sankofa Park Project to the Rolling Hills Soccer Complex Texas Rebar Parking Improvement project; and authorize the City Manager to execute Placers, Inc. Change Order No. 2 in the amount of $41,329.00 to City Secretary Contract No. 34413 with West Texas Rebar Placers, Inc., for the construction of a facility entry area and installation of additional concrete walkways at Rolling Hills Soccer Complex. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22354 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Davis absent. Agenda Item XVII It appeared that the City Council set today as the date for a public hearing for Public Hearing the proposed ad valorem tax rate for Fiscal Year 2007-2008. Mayor Moncrief Proposed Ad opened the public hearing, asked if there was anyone present desiring to be Valorem Tax Rate heard and read the following statement into the record: for FY 2007-2008 "On September 11, 2007, at 7:00 p.m., in this Council Chamber, this Council will vote on a proposed property tax rate of$0.86 on every one hundred dollars valuation on all property, real, personal and mixed, situated in, and all personal property owned in the City of Fort Worth on the first day of January, 2007, liable under the law to taxation and not exempt there from by the Constitution and laws of the State of Texas." CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28, 2007 PAGE 19 of 20 Agenda Item It appeared that the City Council set today as the date for a hearing in XVIII connection with the proposed Fiscal Year 2007-2008 Appropriation Ordinance, Budget Hearing Debt Ordinance and Ad Valorem Tax Levy Ordinance. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard, Mayor Moncrief stated that the public hearing would remain open until final adoption of the subject ordinances. Agenda Item XIX There were no Citizen Presentations. Citizen Presentations Agenda Item XX It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:30 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning the Employees' Retirement Fund; b) Legal issues concerning personal property tax exemptions authorized by House Bill 621; c) City of Fort Worth, et al., v. Greg Abbott, Attorney General of Texas, Cause No. D-1-GN-07-000814; d) 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 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 28,2007 PAGE 20 of 20 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:45 p.m. Agenda Item XXI There being no further business, the meeting was adjourned at 12:45 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 4t' day of September, 2007. Attest: Approved: Marty Hendrix ichael . oncri City Secretary Mayor