HomeMy WebLinkAbout2007/09/25-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 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 10:25 a.m. on Tuesday, September 25, 2007, in the
City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas
76102.
Agenda Item H The invocation was given by Pastor Mike Masterson, St. Matthew's Lutheran
Invocation Church.
Agenda Item III The Pledge of Allegiance was recited.
Pledge
Agenda Item IV Upon a motion of Council Member Jordan, seconded by Council Member
Approval of Espino, the minutes of the regular meeting of September 18, 2007, were
Minutes approved unanimously nine (9) ayes to zero (0) nays.
Agenda Item V Council Member Davis presented a Proclamation for Fighting Hunger Month to
Special Mr. Bo Soderbergh, Executive Director, Tarrant Area Food Bank.
Presentations
Mayor Pro tem Hicks presented a Proclamation for Infant Mortality Awareness
Weekend to Mr. Jerry Roberson, Chair of the Tarrant County Infant Mortality
Network and Amy Raines, Public Health Department Infant Mortality Program
Coordinator.
Council Member Burdette presented a Proclamation for Museum and Arts Day
to Ms. Rena Lawrence, Log Cabin Village.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 2 of 26
Agenda Item VI Council Member Moss announced that the Renaissance Culture Center in
Announcements collaboration with the Southeast Advisory Group would host the Annual "Stop
6" Jazz & Heritage Festival this Saturday, September 29, 2007, from 10:00 a.m.
to 11:00 p.m., and Sunday, September 30, 2007, from 2:00 p.m. to 9:00 p.m. at
the Prince Hall Masonic Lodge Parking Lot, 3520 E. Berry Street. He stated
that the 50th year reunion for Dunbar High School was a success, with over 600
people in attendance. He further acknowledged the successful opening of the
Stop Six Heritage Center at 5100 Willie Street and expressed appreciation to
the Fort Worth Independent School District, Fort Worth Public Library, Tarrant
County Black Historic and Genealogy Society and Tarrant County Historical
Commission. He also stated that the Southeast Urban Villages Community
Meeting would be held Thursday, September 27, 2007, at 6:00 p.m., at the
Morningside Middle School, 2751 Mississippi and invited all interested to
attend. He further expressed appreciation to Council Member Davis and
Council Member Burdette for their attendance at the opening of the Stop Six
Heritage Center.
Council Member Espino announced that a Community Police Forum would be
held this evening at 7:00 p.m. at the Rose Marine Theatre; a Six Points Urban
Village public meeting would be conducted September 26, 2007, at 6:30 p.m.,
at the Riverside Community Center, and that on September 27, 2007, a
Mercado Urban Village meeting would be conducted at 6:30 p.m. also at the
Rose Marine Theatre, 1440 N. Main. He stated that September 15 through
October 15, 2007 was Hispanic Heritage Month and stated that the City of Fort
Worth Hispanic Heritage Celebration would be Thursday, September 27, 2007,
from 12:00 noon to 2:00 p.m., outside City Hall. He further stated that a
breakfast meeting would be held Saturday, September 29, 2007, at 8:30 a.m., at
the Rose Marine Theatre, with the program to begin at 9:00 a.m.
Mayor Pro tem Hicks announced that a meeting would be held
September 26, 2007, at 7:00 p.m. for a Master Plan for Tandy Hills Park at
Sycamore Community Center, and the South Urban Village meeting would be
held at 10:00 a.m. at Broadway Baptist Church, and the final public meeting for
the Southeast Urban Villages would be held September 27, 2007, at 6:30 p.m.
at Morningside Middle School.
Council Member Davis congratulated Council Member Moss for the opening of
the Stop Six Heritage Center. She also stated that she would hold a special
memory of the singing of Council Member Espino and Father Jasso. She
expressed appreciation to all of the employees that helped with the closing
down of the Victorian Inn on Hemphill Street. She thanked the Police, Fire,
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 3 of 26
Public Health, and the Code Compliance Departments and a special thank you
to Libby Watson. She stated this means a great deal to the community, which
would not soon be forgotten.
Council Member Silcox reported that the final information for the Joint Land
Use Study for the Joint Reserve Base was held last night and he was happy to
report that they had the total support of all six cities and Tarrant County. He
stated that there were a few revisions to be made and that a copy of the
recommendations would be forthcoming. He stated that the City of Fort Worth
had already taken a giant step with the changes that were made to the Building
Code relative to what could be constructed around the base area. He further
stated that BRAC would probably take place in two to three years and that
hopefully the Joint Reserve Base would not be considered for closing.
Agenda Item VII Mayor Pro tem Hicks requested that Mayor and Council Communication No.
Withdrawn from C-22400 be withdrawn from the consent agenda.
Consent Agenda
City Manager Boswell requested that Mayor and Council Communication No.
P-10652 be withdrawn from the consent agenda.
Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No.
Continued/ P-10652 be withdrawn from consideration.
Withdrawn By
Staff
Agenda Item IX Upon a motion made by Mayor Pro tem Hicks, seconded by Council Member
Consent Agenda Silcox, 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-1626 M&C OCS-1626 - from the Office of the City Secretary recommending that the
Liability Bonds City Council authorize the acceptance of these liability bonds as follows:
PARKWAY CONTRACTOR INSURANCE COMPANY
Advanced Construction Services, Inc. Trinity Universal Insurance Company
Alliance Concrete Construction,Inc. RLI Insurance Company
All New Construction RLI Insurance Company
Americrete,Inc. American States Insurance Company
Classic P Investments,LLC American States Insurance Company
Cook Concrete,L.P. American Safety Casualty Insurance
Company
Dave's Concrete,Inc. RLI Insurance Company/RLI Indemnity
Company
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 4 of 26
PARKWAY CONTRACTOR INSURANCE COMPANY
E&R Rubalcava Construction,Inc. Western Surety Company
F&R Contractors, Inc. RLI Insurance Company
Grit Concrete,LTD. RLI Insurance Company
Guadalupe Zamora DBA Zamora's Western Surety Company
Construction
Hammer Construction,Inc. Developers Surety and Indemnity
Company
Highland Homes,LTD. Employers Mutual Casualty Company
Howard Construction RLI Insurance Company
Juan Carlos Ortiz Concrete DBA JC Old Republic Surety Company
Concrete
Matt M.La Vail, Inc. Liberty Mutual Insurance Company
McClendon Construction Company, RLI Insurance Company/RLI Indemnity
Inc. Company
Metro Cutting&Sealing,Inc. SureTec Insurance Company
M. R. Concrete Construction Western Surety Company
Narciso Garcia Western Surety Company
Richey Oilfield Construction,LLC Hartford Fire Insurance Company
Rodolfo Ramirez DBA Painting Western Surety Company
Brothers
S L and R Concrete RLI Insurance Company/RLI Indemnity
Company
TP Burleson LP,TPC Builders,LLC, Old Republic Surety Company
Alcannon Place,LLC,
TP Development,LLC
Wes Tex Contractors Western Surety Company
OCS-1627 M&C OCS-1627 - 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-15872 M&C G-15872 - Adopting Resolution No. 3531-09-2007 authorizing the City
Res. No. 3531-09- Manager to make payment to Whitaker, Chalk, Swindle & Sawyer, L.L.P., in
2007 the maximum amount of $50,000.00 to represent the City in a lawsuit styled:
Ord. No. 17784-09- City of Fort Worth v. Arcadia Park, L.P., and Site Concrete, Inc., Cause No.
2007 153-222641-07; and adopting Supplemental Appropriation Ordinance No.
Authorize Payment 17784-09-2007 increasing appropriations in the Water and Sewer Fund in the
for Lawsuit Styled: g
City of Fort Worth amount of $25,000.00 and decreasing the unreserved, undesignated fund
v. Arcadia Park, balance by the same amount, for the purpose of funding the amount to be paid
L.P., and Site to Whitaker, Chalk, Swindle & Sawyer, L.L.P., for representing the City in a
Concrete, Inc., lawsuit styled: City of Fort Worth v. Arcadia Park, L.P., and Site Concrete, Inc.
Cause No. 153-
222641-07
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 5 of 26
G-15873 M&C G-15873 - Adopting Resolution No. 3532-09-2007 authorizing the
Res. No. 3532-09- maximum amount to be paid to Whitaker, Chalk, Swindle & Sawyer, L.L.P.,
2007 who is assisting the City in matters concerning Water Department and
Ord. No. 17785-09- Transportation and Public Works contracts; and adopting Supplemental
2007 Appropriation Ordinance No. 17785-09-2007 increasing appropriations in the
Increase Payment to Water and Sewer Fund in the amount of $25,000.00 and decreasing the
Assist City in
Matters Concerning unreserved, undesignated fund balance by the same amount, for the purpose of
Water Department funding the amount to be paid to the law firm of Whitaker, Chalk, Swindle &
and Transportation Sawyer, L.L.P., for assisting the City Attorney in various matters concerning
and Public Works Water Department and Transportation and Public Works contracts and to
represent the City in litigation concerning such matters.
G-15874 M&C G-15874 - Adopting Supplemental Appropriation Ordinance No. 17786-
Ord. No. 17786-09- 09-2007 increasing estimated receipts and appropriations in the Risk
2007 Management Fund in the amount of $303,673.40 from available funds due to
Transfer Amounts subrogation recovery, for the purpose of transferring said funds for the insured
from Risk property and liability losses; and authorizing the transfer of $371,137.71 from
Management Funds the Risk Management Fund to various funds.
from Claims within
Self-Insured
Deductible and
Subrogation
Recovery
G-15875 M&C G-15875 - Appointing Namon Hollis, Jr., of the Fort Worth City Plan
Appoint Namon Commission to the Capital Improvements Advisory Committee for
Hollis, Jr. to Capital Transportation Impact Fees.
Improvements
Advisory
Committee for
Transportation
Impact Fees
G-15876 M&C G-15876 - Adopting Appropriation Ordinance No. 17787-09-2007
Ord. No. 17787- increasing estimated receipts and appropriations in the Public Events Furniture,
09-2007 Fixture and Equipment Fund in the amount of $600,000.00 from available
Maintain Fort funds for the purpose of maintaining the Fort Worth Convention Center and the
Worth Convention Will Rogers Memorial Center; and authorizing the use of these funds in
Center and Will accordance with the City's purchasing and expenditure guidelines.
Rogers Memorial
Center
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 6 of 26
G-15877 M&C G-15877 - Adopting Appropriation Ordinance No. 17788-09-2007
Ord. No. 17788-09- increasing estimated receipts and appropriations in the Special Trust Fund in
2007 the amount of$554,004.00 from available funds for the purpose of transferring
Reimburse General funds to the General Fund for Fiscal Year 2005-2006 annual building security
Fund for FY 2005- costs; and authorizing the City Manager to transfer $554,004.00 from the
2006 Building Municipal Court Building Security Fund to the General Fund.
Security Cost
G-15878 M&C G-15878 - Approving temporary discount pet registration tag fee for low
Approve cost rabies vaccination clinics in Community Development Block Grant
Temporary (CDBG) target areas and other low-income areas.
Discount Pet
Registration Tag
Fee for Low Cost
Rabies Vaccination
Clinics in CDBG
Target Areas
G-15879 M&C G-15879 - Authorizing the City Manager to execute interlocal
Participate in agreements with various municipalities and other governmental entities for their
Environmental participation in the Environmental Collection Center Household Hazardous
Collection Center waste Program.
Household
Hazardous Waste
Program
G-15880 M&C G-15880 - Authorizing Appropriation Reallocation of Community
Reallocate CDBG Development Block Grant (CDBG) Year XXXII unprogrammed funds; and
Year XXXII authorizing installation of fire panels and updated fire alarm systems in seven
Unprogrammed (7) community centers in the amount of $150,000.00 within the Parks and
Funds and Install Community Services Department.
Fire Panels and
Updated Fire Alarm
Systems
P-10651 M&C P-10651 - Authorizing purchase agreements with multiple vendors to
Vehicle and establish a vehicle and equipment service and repair list for the Equipment
Equipment Services Department; and authorizing these agreements to begin
Service and October 1, 2007, and expire on September 30, 2008, with options to renew for
Repair List four additional one-year periods.
C-22401 M&C C-22401 - Authorizing execution of an amendment to an agreement with
Amend Agreement Solutionary, Inc., for ActiveGuard Subscription Services for the Information
- Solutionary, Inc. Technology Solutions Department; and authorizing this agreement to begin
September 25, 2007, and expire September 24, 2008, with options to renew for
three additional one-year periods.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
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C-22402 M&C C-22402 - Authorizing the City Manager to execute a contract with Cole
Cole Construction, Construction, Inc., in the amount of $371,125.60 for alley clearing/grading at
Inc. various locations.
C-22403 M&C C-22403 - Authorizing the City Manager to execute Amendment No. 1 to
Amendment No. 1 a professional services agreement with Kimley-Horn, Inc., in the amount of
to Professional $75,000.00 to conduct an inventory and condition assessment of the City's
Services sidewalk program, thereby increasing the contract costs to $141,000.00.
Agreement -
Kimley-Horn, Inc.
C-22404 M&C C-22404 - Authorizing the City Manager to execute Amendment No. 2 to
Ord. No. 17789- the architectural agreement with Perkins and Will in the amount not to exceed
09-2007 $29,000.00 to provide the design and certification documents for Leadership in
Amendment No. 2 Energy and Environmental Design certification for the Neighborhood Police
to Architectural Station and Traffic Division Facility located at 1100 Nashville Avenue for a
Agreement - total contract amount of $672,972.00; and authorizing the City Manager to
Perkins and Will transfer $40,000.00 from the Police Department General Fund to the CO
Special Project Fund; and adopting Appropriation Ordinance No. 17789-09-
2007 increasing estimated receipts and appropriations in the CO Special Project
Fund in the amount of $40,000.00 from the General Fund for the purpose of
executing Amendment No. 2 to the architectural agreement with Perkins and
Will for the design of the Nashville Neighborhood Police Station and Traffic
Division Facility.
C-22405 M&C C-22405 - Authorizing the City Manager to execute a contract with
Ord. No. 17790- Humphrey & Morton Construction Company, Inc., minor miscellaneous
09-2007 channel improvements, Contract D; authorizing the transfer of $510,268.00
Humphrey & from the Storm Water Utility Fund to the Storm Water Capital Projects Fund;
Morton and adopting Appropriation Ordinance No. 17790-09-2007 increasing
Construction estimated receipts and appropriations in the Storm Water Capital Projects Fund
Company, Inc. in the amount of $510,268.00 from available funds, for the purpose of
executing a contract with Humphrey & Morton Construction Company, Inc.,
for 2004 CIP minor miscellaneous channel improvements (City Project No.
00096).
C-22406 M&C C-22406 - Authorizing the execution of one Storm Water Facility
KBL H Partners, Maintenance Agreement with KBL II Partners, Ltd., and the Valley Brook
Ltd. Homeowner Association, located north of Tarrant Parkway, west of US 377
(DOE 5594).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 8 of 26
C-22407 M&C C-22407 - Authorizing the City Manager to execute an engineering
Ord. No. 17791- agreement with James DeOtte Engineering, Inc., in the amount of $41,840.00
09-2007 for the Rolling Hills Addition Drainage Improvements Project; authorizing the
James DeOtte transfer of$48,116.00 from the Storm Water Utility Fund to the Storm Water
Engineering, Inc. Capital Projects Fund; and adopting Appropriation Ordinance No. 17791-09-
2007 increasing estimated receipts and appropriations in the Storm Water
Capital Projects Fund in the amount of$48,116.00 from available funds, for the
purpose of executing an engineering agreement with James DeOtte
Engineering, Inc., for the Rolling Hills Addition Drainage Improvements
Project (City Project No. 00704).
C-22408 M&C C-22408 - Authorizing the City Manager to execute contracts for police
Police Initiated initiated towing services with various companies.
Towing Services
with Various
Companies
C-22409 M&C C-22409 - Authorizing the City Manager to execute an extension of
Extend CSC No. Environmental Protection Agency Contract BF-97676101 (City Secretary
30654 - Contract No. 30654) for the Brownfields Hazardous and Petroleum Assessment
Environmental Grant from October 1, 2007, to September 30, 2008.
Protection Agency
C-22410 M&C C-22410 - Authorizing the City Manager to execute a contract with the
Boys &Girls Clubs Boys & Girls Clubs of Greater Fort Worth to operate the Comin' Up Gang
of Greater Fort Intervention Program.
Worth
The motion carried. End of Consent Agenda.
Agenda Item X Council Member Burdette made a motion, seconded by Council Member
Presentations by Jordan, that Venita K. McFadden be appointed to Place 7 on the Community
City Council Development Council effective September 25, 2007, with a term of office
expiring October 1, 2009. The motion carried unanimously nine (9) ayes to
zero (0) nays.
Mayor Moncrief informed Council that he reappointed Terri Attaway and Alex
Jimenez to the Housing Authority effective September 25, 2007, with terms of
offices expiring January 31, 2008, and January 31, 2009, respectively. He also
appointed Daniel Hernandez to fill the unexpired term of Craig Harbuck, with a
term of office expiring January 31, 2008.
Council Member Jordan made a motion, seconded by Council Member Espino
that Terri Attaway and Alex Jimenez be reappointed and Daniel Hernandez be
appointed to the Housing Authority. The motion carried unanimously nine (9)
ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 9 of 26
Mayor Moncrief requested the Council's consideration to appoint Ann Zadeh to
Place 1 on the City Zoning Commission and the Fort Worth Alliance Airport
Zoning Commission.
Council Member Espino made a motion, seconded by Council Member
Burdette, that Ann Zadeh be appointed to Place 1 on the City Zoning
Commission and the Fort Worth Alliance Airport Zoning Commission effective
September 25, 2007, with a term of office expiring October 1, 2009. The
motion carried unanimously nine (9) ayes to zero (0) nays.
Agenda Item XI There were no presentations or communications from boards, commissions
Committee and/or City Council Committees.
Presentations
Agenda Item XIII There was presented an ordinance amending Ordinance No. 17717-08-2007
Ord. No. 17792-09- ordering a special election to be held in the City of Fort Worth, Texas, on
2007 Tuesday, the 6th day of November, 2007, for the purpose of electing a City
Amend Ord. No. Council member for the City Council District 9 to serve the remainder of an
17717-08-2007 unexpired term.
Ordering Special
Election on
November 6, 2007, Council Member Silcox made a motion, seconded by Council Member
to Elect City Burdette, that Ordinance No. 17792-09-2007 be adopted. The motion carried
Council Member for unanimously nine (9) ayes to zero (0) nays.
District 9 to Serve
Remainder of
Expired Term
Ord. No. 17793-09- There was presented an ordinance amending Ordinance No. 17732-08-2007
2007 ordering a special election to be held in the City of Fort Worth, Texas, on
Amend Ord. No. Tuesday, the 6th day of November, 2007, for the purpose of submitting to the
17732-08-2007 qualified voters of said city the question on whether the City of Fort Worth
Ordering Special should be authorized to establish collective bargaining for the firefighters if a
Election for
November 6, 2007, majority of the affected employees favor representation by an employees
to Establish association.
Collective
Bargaining for Council Member Silcox made a motion, seconded by Council Member Espino,
Firefighters if that Ordinance No. 17793-09-2007 be adopted. The motion carried
Majority of Affected unanimously nine (9) ayes to zero (0) nays.
Employees Favor
Representation by
Employees
Association
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 10 of 26
Agenda Item XIV There was presented a resolution approving the Fiscal Year 2007-2008 Tarrant
Res. No. 3533-09- County 9-1-1 District budget.
2007
Approve FY 2007- Council Member Davis made a motion, seconded by Council Member Moss,
2008 Tarrant that Resolution No. 3533-09-2007 be adopted. The motion carried
County 9-1-1 unanimously nine (9) ayes to zero (0) nays.
District Budget
Resolution - There was presented a resolution assigning preferential purchase priority for
Assign cement from kilns with an emission rate of 1.7 pounds of nitrogen oxides (NO,)
Preferential per ton of clinker or less.
Purchase for
Cement from Council Member Jordan pointed out that clean air and quality of life go hand in
Kilns with hand. He stated that clean air was a critical issue that every citizen thinks about
Emission Rate of when they take a breath of air and it had become a critical issue here in the City
1.7 Pounds of NOx of Fort Worth. He stated that the Council had committed to regional
Per Ton of Clinker participation and policies that would clean the air in the community. This
or Less resolution refers to the issue of cement kilns and the issue of wet cement versus
Continued for One dry cement and NO, is the major issue here. He pointed out that wet cement
Week produced a greater degree of pollutants in NO,. He talked about as the City
goes into major construction to build and replace roads, the City would require
significant amounts of cement and must have a strong procurement policy in
place that ensures that the production of cement was within the tolerances
established by the resolution and takes into full consideration clean air
considerations. He added that regionally the City had to move forward and
implement the State Implementation Plan (SIP). He talked about the City's
Director of Environmental Management Brian Boerner and that he had been a
leader in the environmental process and towards clean air. He stated that this
was very important to the City and he looks forward to passing the resolution.
Council Member Jordan indicated that the Council had decided to delay the
action on the resolution for one week in order to gather additional information
from other regional entities. He indicated that the Council favored the passage
of the resolution.
Mr. Brian Boerner, Environmental Management Director, appeared before
Council and provided a staff report and stated that this resolution provided an
economic incentive to put the 1.7 pounds of NO, per ton today. He stated that
with the adoption of this resolution, the staff was trying to accomplish the State
Implementation Plan (SIP) more expeditiously.
Mayor Moncrief stated that the intent of the Council was to make
improvements to change the quality of air in this region.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 11 of 26
Margaret DeMoss Ms. Margaret DeMoss, 3451 Green Arbor Court, representing a group of
citizens from University Christian Church, under the leadership of Tim Carson,
appeared before Council and advised Council that this issue was extremely
important to the community and stated that they would return next week. She
had all of them to stand and be recognized.
Jim Schermbeck Mr. Jim Schermbeck, 112 W. Garza, Slaton, Texas, appeared before Council
and advised of his work with the Texas Legislature to get the State to require
stricter statutes. He presented a handout showing the cement plant
contributions to DFW Ozone Pollution August 22, 1999. He stated that ten
kilns burn in Midlothian and that this was an obsolete facility. He added the
pollution from these plants came to the Fort Worth area. He showed Council a
comparison control chart with the new coal plants vs. wet kilns and the percent
reductions in emissions.
Lance Latham Mr. Lance Latham, 11011 Cody St., Overland Park, KS, Director of Marketing
for Ash Grove Cement Company, appeared and expressed concerns relative to
potential flaws with the current resolution, i.e. serious implementation and
enforceability issues, does not require vendors to be in state air quality
compliance, and does not encourage all cement producers to reduce emissions.
He further advised that this resolution would put his company at an unfair
disadvantage. He requested that Council delay voting on this resolution for
one month while the City of Dallas and City of Fort Worth work together to
come up with a regional solution to this issue.
There was discussion by Mayor Moncrief with Mr. Latham on the handout
information provided by Mr. Schermbeck. Mayor Moncrief clarified that new
plants being built today were the dry cement process.
Council Member Jordan stated that the policy was aimed at technology and not
a specific company. He inquired as to when the last time the kiln was replaced.
Mr. Latham advised Council that the timing was around 1960. He stated that
he thought it to be the original equipment at the site.
The following individuals signed Speaker Presentation cards in support of the
resolution, but did not wish to speak:
Daniel Terry Daniel Terry 1505 Bluebonnet Drive
Sallie B. Tarride Sallie B. Tarride 6309 Pamlico Road
Joseph Tarride, Jr. Joseph Tarride, Jr. 6309 Pamlico Road
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 12 of 26
Sharon Richey Sharon Richey 262 Jefferson Parkway
Beth Rodzinski Beth Rodzinski 3209 Avondale
Judy O'Donnell Judy O'Donnell 4233 Clear Lake Circle
John P. Huffman John B. Huffman 3809 Trail Lake Drive
Nelda Mills Nelda Mills 3816 Lenox Drive
Jaye McLaughlin Jaye McLaughlin 4413 Wedgmont Circle South
Tom Chancellor
Jan Upchurch Tom Chancellor 201 Chuck Wagon Trail
Council Member Burdette stated that it was crucial that the emission level be
reduced, but cautioned that the City should be careful and not harm itself with
the adoption of this resolution. He inquired as to what financial effect such a
resolution would have on the producers of both wet and dry cement; what this
would do to the cost; and what it would do to the availability of cement that
would meet the City's need. He stated that he would like to have the answer to
these questions prior to Council taking a vote on this next week.
Council Member Jordan made a motion, seconded by Council Member
Burdette, that the resolution be continued for one week with the intent of the
City Council to support the implementation of the State Implementation Plan
(SIP) that was before the Environmental Protection Agency. The motion
carried unanimously nine (9) ayes to zero (0) nays.
Res. No. 3534-09- There was presented a resolution appointing the following Board of Directors
2007 for the Sunbelt Industrial Corporation, effective September 25, 2007, and with a
Appoint Board of terms expiring May 31, 2009:
Directors for
Sunbelt Industrial Mike Moncrief Jungus Jordan
Development Sal Espino Carter Burdette
Corporation Chuck Silcox Kathleen Hicks
Danny Scarth Wendy Davis
Frank Moss
Council Member Jordan made a motion, seconded by Council Member Espino,
that Resolution No. 3534-09-2007 be adopted. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 13 of 26
Res. No. 3535-09- There was presented a resolution in support of the U.S. Conference of Mayors
2007 Climate Protection Agreement.
Support U.S.
Conference of The following individuals appeared in support of the resolution:
Mayors Climate
Protection Margaret DeMoss 3451 Green Arbor Court
Agreement
Margaret DeMoss John Huffman 3809 Trail Lake Drive
John Huffman Jane McLaughlin 4413 Wedgworth Circle South
Jane McLaughlin Nelda Mills 3816 Lenox Drive
Nelda Mills
The following individuals signed Speaker Presentation cards in support of the
resolution, but did not wish to speak:
Tom Chancellor Tom Chancellor 201 Chuck Wagon Trail
Judy O'Donnell Judy O'Donnell 4233 Clear Lake Circle
Beth Rodzinski Beth Rodzinski 3209 Avondale
Sallie B. Tarride Sallie B. Tarride 6309 Pamlico Road
Sharon Richey Sharon Richey 262 Jefferson Parkway
Joseph Tarride, Jr. Joseph Tarride, Jr. 6309 Pamlico Road
Daniel Terry
Jan Upchurch Daniel Terry 1505 Bluebonnet Drive
Jan Upchurch 4500 Dunwick Lane
Council Member Jordan thanked the group for their attendance today. He
stated that he knew about breathing dirty air and commended Brian Boerner
and the citizens for their presentation and presence.
Council Members Davis and Espino expressed their support of the Climate
Protection Agreement.
Council Member Scarth stated that he had some concerns with the agreement
due to the political overtones and he would not support it.
Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan,
that Resolution No. 3535-09-2007 be adopted. The motion carried eight (8)
ayes to one (1) nay, with Council Member Scarth casting the dissenting vote.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 14 of 26
AGENDA ITEM XV—REPORT OF THE CITY MANAGER
G-15846 There was presented Mayor and Council Communication No. G-15846, dated
Change Retiree August 28, 2007, from the City Manager recommending that the City Council
Healthcare adopt a resolution to change retiree healthcare benefits for City of Fort Worth
Benefits for employees hired on or after January 1, 2008.
Employees Hired
Employees
After Council Member Jordan made a motion, seconded by Council Member Silcox,
January 1, 2008 that Mayor and Council Communication No. G-15846 be sent back to the Audit
Continued until and Finance Committee for review of the proposals that had been put forth by
November 2007 Council Member Moss on the health insurance agenda, delay this item for sixty
days, and place it on the agenda for the October meeting of the Audit and
Finance Committee, and bring this back to Council in November 2007. The
motion carried unanimously nine (9) ayes to zero (0) nays.
G-15881 There was presented Mayor and Council Communication No. G-15881 from
Approve FY 2007- the City Manager recommending that the City Council approve the Fiscal Year
2008 Fee Change 2007-2008 fee change summaries for the Parks and Community Services,
Summaries Public Events, Transportation and Public Works and Library Departments.
Council Member Burdette made a motion, seconded by Council Member
Jordan, that Mayor and Council Communication No. G-15881 be approved.
The motion carried unanimously nine (9) ayes to zero (0) nays.
G-15882 There was presented Mayor and Council Communication No. G-15882 from
Ord. No. 17794-09- the City Manager recommending that the City Council adopt an ordinance
2007 amending the Subdivision Ordinance of the City of Fort Worth, being
Amend Subdivision Ordinance No. 17154, codified as Appendix "C" of the Code of the City of Fort
Ordinance to Revise Worth, by amending Chapter 1, Article V "Decisions" to amend Subsection C.
Plat Review Process, ,Conditional Approval"; replacing Chapter 4, Article I "Pre-Submissions"; and
Prohibit Multiple
Plat Filings, Clarify by amending Chapter 4, Article III, Subsections A through E; and amending
Application of Chapter 3, Article I "Plat Requirements" to add a Subsection C. "Multiple Plat
Regulations, Filing Prohibited"; amending Chapter 3 by adding Article III "Application of
Incorporate the Regulations"; and by amending Chapter 5, to add Section 4 "Urban Forestry
Urban Forestry Plan"; and by amending Chapter 6, Article I "Access" to revise Subsection C.
Plan, Revise "Secondary Entrances to Subdivisions"; and by amending Chapter 6, Article VI
Requirements for "Street Design Standards" to revise Subsection D. "Street/Block Length Design
Secondary Standards"; and Subsection F. "Limited Local Residential Street Design
Entrances to Standards"; and by amending Chapter 6, Article VII "Gated Subdivisions and
Residential Developments"; and by amending Chapter 6, Article VI "Street Design
Subdivisions and Standards" to revise Subsection G. "Alley Design Standards".
Revise Alley Design
Standards
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 15 of 26
Dana Burghdoff, Deputy Director, Planning Division, appeared and stated that
the Subdivision Ordinance Text Amendment should be amended as follows:
Section 8, page 8
"4. Urban Forestry Plan
...Prior to the submission of any final plat for review and approval by
the City ."
Section 9, page 8
"C. Secondary Entrances to Subdivisions
Subdivisions containing more than thirty (30) one-family or two-
family Dwellings units ...
Development phasing of any subdivision shall ensure that all such
residential units have a platted and constructed secondary entrance when
more than thirty (3 0) residential units are proposed..."
Section 12, page 9
C. Secondary Emergency Access to a public street or alley shall be
provided for all gated one or two family subdivisions/developments
containing more than thirty (30) lots or dwellings units."
Council Member Davis made a motion, seconded by Council Member Silcox,
that Mayor and Council Communication No. G-15882 be approved and
Ordinance No. 17794-09-2007 be adopted as amended. The motion carried
unanimously nine (9) ayes to zero (0) nays.
G-15883 There was presented Mayor and Council Communication No. G-15883 from
Adopt Financial the City Manager recommending that the City Council adopt the Financial
Management Management Policy Statements for FY 2007-2008.
Policy Statements
for FY 2007-2008 City Manager Boswell stated that, consistent with the discussion during the
budget process, staff recommends amending Section I (Revenues) of the FMPS
by adding Subsection J to read as follows:
"J. Revenues derived from the DFW Airport car rental revenue sharing are
first committed to repayment to the Fort Worth Convention Center
(FWCC) debt service not fully met by the two percent local option Hotel
Occupancy Tax. Revenues in excess of the FWCC debt requirements will
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 16 of 26
be allocated for arts programming (30 percent) and repair, maintenance,
and capital improvements of the Fort Worth Convention Center and Will
Rogers Memorial Center (70 percent)."
Council Member Davis made a motion, seconded by Council Member Moss,
that Mayor and Council Communication No. G-15883 be approved as
amended. The motion carried unanimously nine (9) ayes to zero (0) nays.
G-15884 There was presented Mayor and Council Communication No. G-15884 from
Ord. No. 17795- the City Manager recommending that the City Council consider and adopt the
09-2007 finding and opinions of the City staff as presented herein; find that the public
Allow Super necessity and convenience require the operation of 20 limousines upon the city
Shuttle/Execucar streets, alleys and public thoroughfares; and adopt an ordinance granting the
to Operate privilege of operating authority to Super Shuttle/Execucar, for the use of the
Limousines upon streets, alleys and public thoroughfares of the City in the conduct of its
Streets, Alleys and limousine business which shall consist of the operation of twenty (20)
Public limousines for a three (3) year period beginning on the effective date;
Thoroughfares specifying the terms and conditions of the grant; providing a severability
clause; making this ordinance cumulative of all ordinances; providing for a
penalty; providing for written acceptance by Super Shuttle/Execucar complying
with all the requirements of Article VI, Chapter 34, of the Code of the City of
Fort Worth(1986), as amended.
Council Member Silcox made a motion, seconded by Council Member Jordan,
that Mayor and Council Communication No. G-15884 be approved and
Ordinance No. 17795-09-2007 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
G-15885 There was presented Mayor and Council Communication No. G-15885 from
Ord. No. 17796- the City Manager recommending that the City Council authorize the City
09-2007 Manager to accept a donation in the amount of $6,000.00 from Lockheed
Ord. No. 17797- Martin Aeronautics Company for the Environmental Management
09-2007 Department's education program; adopt a supplemental appropriation ordinance
Accept Donation increasing estimated receipts and appropriations in the Environmental
for Environmental Management Operating Fund in the amount of $6,000.00 from a donation
Management made by Lockheed Martin Aeronautics Company, for the purpose of
Department's transferring said funds to the Environmental Management Project Fund;
Education approve the transfer of $6,000.00 in undesignated funds in the Environmental
Program Management Operating Fund (R103) to the Environmental Management
Project Fund (R101); and adopt an appropriation ordinance increasing
estimated receipts and appropriations in the Environmental Management
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 17 of 26
Project Fund in the amount of$6,000.00 from available funds, for the purpose
of funding the Environmental Management Department's participation in the
Fort Worth Star Telegram's "Newspaper in Education" Program.
Council Member Silcox made a motion, seconded by Council Member Jordan,
that Mayor and Council Communication No. G-15885 be approved and
Supplemental Appropriation Ordinance No. 17796-09-2007 and Appropriation
Ordinance No. 17797-09-2007 be adopted with great appreciation. The motion
carried unanimously nine (9) ayes to zero (0) nays.
G-15886 There was presented Mayor and Council Communication No. G-15886 from
Accept Cost Share the City Manager recommending that the City Council authorize the City
Agreement with Manager to apply for and accept, if offered, a cost share agreement with the
FAA for Partial Federal Aviation Administration (FAA) for partial funding of the Air Traffic
Funding of Air Control Services at Fort Worth Spinks Airport; and authorize execution of a
Traffic Control contract with Robinson Aviation, Inc., in an estimated amount of$128,784.00
Services at Fort annually from the Municipal Airports Fund for the operation of Air Traffic
Worth Spinks Control Services at Fort Worth Spinks Airport.
Airport
Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox,
that Mayor and Council Communication No. G-15886 be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
G-15887 There was presented Mayor and Council Communication No. G-15887 from
Ord. No. 17798- the City Manager recommending that the City Council adopt an ordinance
09-2007 amending Article III "Charges", Sections 35-56(g) and 35-56(h) "Water and
Amend Chapter Sewer Rates within City" of Chapter 35 "Water and Sewer" of the Code of the
35, Article HI, City of Fort Worth (1986), as amended by revising and adding certain rates and
Sections 35-56(g) charges and providing an effective date of billing on or after November 1, 2007,
and 35-56(h) of the for usage flows form and after October 1, 2007.
City Code
City Manager Boswell stated that under the discussion section of the M&C
regarding Wholesale Water Rates table, dealing with the Maximum Day
($/MGD excess) proposed charge should read "$103,581.00" instead of
"$103,579.00".
Council Member Burdette made a motion, seconded by Council Member Davis,
that Mayor and Council Communication No. G-15887 be approved and
Ordinance No. 17798-09-2007 be adopted as amended. The motion carried
unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 18 of 26
(Council Member Moss left his place at the dais.)
G-15888 There was presented Mayor and Council Communication No. G-15888 from
Ord. No. 17799- the City Manager recommending that the City Council authorize the transfer of
09-2007 $921,284.00 from the FY 2006-2007 Water and Sewer Operating Fund to the
Transfer FY 2006- Specially Funded Capital Projects Fund for the Water Department contribution
2007 Water and to public art funding; and adopt an appropriation ordinance increasing
Sewer Operating estimated receipts and appropriations in the Specially Funded Capital Projects
Funds for Fort Fund in the amount of $921,284.00 from available funds, for the purpose of
Worth Public Art providing funding for the Fort Worth Public Art Program.
Program
Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that
Mayor and Council Communication No. G-15888 be approved and
Appropriation Ordinance No. 17799-09-2007 be adopted. The motion carried
unanimously seven (7) ayes to one (1) nay, with Council Member Silcox
casting the dissenting vote, and Council Member Moss absent.
G-15889 There was presented Mayor and Council Communication No. G-15889 from
Ord. No. 17800- the City Manager recommending that the City Council authorize the transfer of
09-2007 $10,575,565.00 from the Water Capital Projects Fund and $4,016,663.00 from
Pay Principle the Sewer Capital Projects Fund to the Water and Sewer Fund; and adopt an
Interest on appropriation ordinance increasing estimated receipts and appropriations in the
Existing Revenue Water Capital Projects Fund in the amount of $10,575,565.00 and the Sewer
Bonds Capital Projects Fund in the amount of$4,016,663.00 from impact fees for the
purpose of transferring said funds to the Water and Sewer Fund to pay principle
interest on existing revenue bonds.
Council Member Silcox made a motion, seconded by Council Member Jordan,
that Mayor and Council Communication No. G-15889 be approved and
Appropriation Ordinance No. 17800-09-2007 be adopted. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Moss
absent.
G-15890 There was presented Mayor and Council Communication No. G-15890 from
Ord. No. 17801- the City Manager recommending that the City Council adopt an ordinance
09-2007 amending Article III "Charges" Sections 35-56(b), 35-56(c) and 35-56(d) of
Amend Chapter Chapter 35 "Water and Sewer" of the Code of the City of Fort Worth(1986), as
35, Article HI, amended, by revising and adding certain rates and charges and provides an
Sections 35-56(b), effective date of billing the new rates for usage on or after January 1, 2008.
35-56(c) and 35-
56(d), of the City
Code
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 19 of 26
Council Member Silcox made a motion, seconded by Council Member
Burdette, that Mayor and Council Communication No. G-15890 be approved
and Ordinance No. 17801-09-2008 be adopted. The motion carried
unanimously eight (8) ayes to zero (0) nays, with Council Member Moss
absent.
G-15891 There was presented Mayor and Council Communication No. G-15891 from
Ord. No. 17802- the City Manager recommending that the City Council adopt an ordinance
09-2007 authorizing the issuance and sale of$33,560,000.00 City of Fort Worth, Texas,
Ord. No. 17803- Water and Sewer Subordinate Lien Revenue Bonds, Series 2007A; and
09-2007 ordaining other matters related thereto; and adopt an ordinance authorizing the
issuance and sale of $49,865,000.00 City of Fort Worth, Texas, Water and
Sewer System Subordinate Lien Revenue Bonds, Series 200713; and ordaining
other matter related hereto, to the Texas Water Development Board.
City Manager Boswell advised Council that the ordinances should be amended
to reflect on Page 3, the amount of"$49,865,000.00" and on Page 4, the amount
of"$33,560,000.00".
Council Member Silcox made a motion, seconded by Council Member Davis,
that Mayor and Council Communication No. G-15891 be approved and
Ordinance Nos. 17802-09-2007 and 17803-09-2007 be adopted as amended.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Moss absent.
(Council Member Moss returned to the dais.)
Public Hearing It appeared that the City Council set today as the date for a public hearing to
G-15892 designate Tax Abatement Reinvestment Zone No. 62, City of Fort Worth,
Designate Tax Texas, in the vicinity of Altamesa Boulevard and Granbury Road. Mayor
Abatement Moncrief opened the public hearing and asked if there was anyone present
Reinvestment desiring to be heard.
Zone No. 62
Continued for Mr. Mark Folden, Business Development Coordinator, Economic and
Community Development Department, appeared before Council, gave a staff
report, and advised Council that the ordinance was corrected to reflect "Tax
Abatement Reinvestment Zone No. 62 instead of 58, and called attention to
Mayor and Council Communication No. G-15892, as follows:
There was presented Mayor and Council Communication No. G-15892 from
the City Manager recommending that the City Council hold a public hearing
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 20 of 26
concerning the designation of Tax Abatement Reinvestment Zone No. 62, City
of Fort Worth, Texas, in the vicinity of Alta Mesa Boulevard and Granbury
Road; and adopt an ordinance designating a certain area in the City of Fort
Worth as "Tax Abatement Reinvestment Zone Number Sixty-Two (No. 62),
City of Fort Worth, Texas", pursuant to and in accordance with Chapter 312 of
the Texas Tax Code; providing the effective and expiration dates for the Zone
and a mechanism for renewal of the Zone; and containing other matters related
to the Zone.
There being no one present desiring to be heard in connection with the public
hearing, Council Member Jordan made a motion, seconded by Council Member
Espino, that the public hearing and Mayor and Council Communication No. G-
15892 be continued for one week. The motion carried unanimously nine (9)
ayes to zero (0) nays.
P-10652 It was the consensus of the City Council that Mayor and Council
New Vehicles Communication No. M&C P-10652, Authorizing the purchase of two (2) new
Withdrawn vehicles from a Tarrant County Cooperative Contract with Planet Ford 6 and
three (3) new vehicles from a Houston-Galveston Area Council Contract with
Caldwell Country Dealerships for the Transportation and Public Works and
Health Departments, be withdrawn from consideration.
L-14398 There was presented Mayor and Council Communication No. L-14398 from the
Lease for Office City Manager recommending that the City Council authorize the City Manager
Space in to enter into a lease agreement with Riverside Commercial, LLC, for office
McAdams space in the McAdams Building located at 3124 East Belknap for the Police
Building for Police Department.
Department
Council Member Espino made a motion, seconded by Council Member Jordan,
that Mayor and Council Communication No. L-14398 be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
L-14399 There was presented Mayor and Council Communication No. L-14399 from the
Ord. No. 17804- City Manager recommending that the City Council authorize the appropriation
09-2007 of funds from the Park Gas Lease Project Fund for the acquisition of 3.685
Acquire Property acres of land described as a tract of land out of the John Lynch Survey, Abstract
for Gateway Park No. 942, situated in Tarrant County, Texas, located on East 1st Street from
Expansion Project property owners Gerald G. and Patricia F. Bednarik for the purpose of the
Gateway Park Expansion Project (DOE 5700); adopt an appropriation
ordinance increasing estimated receipts and appropriations in the Park Gas
Lease Projects Fund in the amount of $157,500.00 from Gas Well Bonus
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 21 of 26
Revenues for Gateway Park for the purpose of funding the Gateway Park
Expansion Project (City Project No. 337); and authorize the acceptance and
recording of appropriate instruments.
Council Member Scarth made a motion, seconded by Council Member
Burdette, that Mayor and Council Communication No. L-14399 be approved
and Appropriation Ordinance No. 17804-09-2007 be adopted. The motion
carried unanimously nine (9) ayes to zero (0) nays.
Public Hearing It appeared that the City Council set today as the date for a public hearing to
L-14400 authorize conversion of approximately 0.552 acres of parkland at Hulen
Convert Parkland Meadows Park for the construction of a parking lot. Mayor Moncrief opened
at Hulen Meadows the public hearing and asked if there was anyone present desiring to be heard.
Park for
Construction of Mr. Harold Pitchford, Assistant Director, Parks and Community Services
Parking Lot Department, appeared before Council, gave a staff report and called attention to
Mayor and Council Communication No. L-14400, as follows:
There was presented Mayor and Council Communication No. L-14400 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 Recreational Lands; find that no feasible or
prudent alternative exists for the location of the parking lot facilities; find that
the proposed conversion includes all reasonable planning to minimize harm to
the park site; and close the public hearing and authorize the City Manager to
convert the approximately 0.552 acres of parkland for the construction of a
parking lot in Hulen Meadows Park, located in a portion of land situated in J.M.
Pickett Survey, Abstract No. 1238, Tarrant County, Texas.
Council Member Jordan commended Mr. Pitchford and the Parks staff for this
initiative, which would accelerate the use of some green space that is a City
park, but also would provide a joint use to optimize the recreational activity of
the YMCA. It was a sign of the future when the City can jointly work together
for the good of the community with organizations.
There being no one present desiring to be heard in connection with the public
hearing, Council Member Jordan made a motion, seconded by Mayor Pro tem
Hicks, that the public hearing be closed and Mayor and Council
Communication No. L-14400 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 22 of 26
C-22400 There was presented Mayor and Council Communication No. M&C C-22400
Texas Midstream from the City Manager recommending that the City Manager be authorized to
Gas Services, LLC execute a Public Right-of-Way Use Agreement with Texas Midstream Gas
Services, LLC, (Texas Midstream Gas Services) that grants Texas Midstream
Gas Services a license to use certain public rights-of-way of the City of Fort
Worth for the purpose of constructing, maintaining and operating a natural gas
pipeline across Old Hemphill Road, Oak Grove Road and Old Oak Grove
Road.
Mayor Pro tem Hicks stated that she was concerned with where this pipeline
would be located and whether the company had talked with the neighborhood,
but after speaking with Eunice Givens, the Vice President for the Highland
Hills Neighborhood Association, she was willing to move forward with
approval of this M&C with the understanding that Chesapeake would attend a
meeting with the neighborhood next Thursday, October 4, 2007, at 6:00 p.m.
and give them a map, and let them know that there was a process for this. She
stated that unfortunately she would be out of town on a tour of the homeless
shelters. She also suggested that staff be more proactive to make sure that these
companies were going out to the neighborhoods to make sure that the citizens
were aware of these interruptions.
Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox,
that Mayor and Council Communication No. C-22400 be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
C-22411 There was presented Mayor and Council Communication No. C-22411 from the
Renew City Manager recommending that the City Council authorize the City Manager
Professional to renew a professional services agreement with the Arts Council of Fort Worth
Services and Tarrant County, Inc., for FY 2007-2008 management of the Fort Worth
Agreement - Arts Public Art Program.
Council of Fort
Worth and Council Member Burdette made a motion, seconded by Council Member
Tarrant County, Espino, that Mayor and Council Communication No. C-22411 be approved.
Inc. The motion carried unanimously eight (8) ayes to one (1) nay, with Council
Member Silcox casting the dissenting vote.
C-22412 There was presented Mayor and Council Communication No. C-22412 from the
PhenomenArts, City Manager recommending that the City Council authorize the City Manager
Inc. to enter into an Artwork Commission Agreement with PhenomenArts, Inc., for
final design/composition, fabrication and installation of an interactive sound
environment for the elevator tower and custom lighting components for the new
downtown parking garage.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 23 of 26
Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette,
that Mayor and Council Communication No. C-22412 be approved. The
motion carried unanimously eight (8) ayes to one (1) nay, with Council
Member Silcox casting the dissenting vote.
C-22413 There was presented Mayor and Council Communication No. C-22413 from the
Ord. No. 17805- City Manager recommending that the City Council authorize the City Manager
09-2007 to execute a Fair Housing Assistance Program Cooperative Agreement through
U.S. Department the Fort Worth Community Relations Department with the U.S. Department of
of Housing and Housing and Urban Development for Fiscal Year 2007-2008 and accept funds,
Urban plus current and future accrued interest; and adopt an appropriation ordinance
Development increasing estimated receipts and appropriations in the Grants Fund in the
amount of $485,370.00 from available funds, to include current and future
accrued interest earnings, for the purpose of funding a Fair Housing Assistance
Program Cooperative Agreement between the City of Fort Worth through the
Community Relations Department and the U.S. Department of Housing and
Urban Development for the Fiscal Year 2007-2008.
Council Member Espino made a motion, seconded by Council Member
Burdette, that Mayor and Council Communication No. C-22413 be approved
and Appropriation Ordinance No. 17805-09-2007 be adopted. The motion
carried unanimously nine (9) ayes to zero (0) nays.
C-22414 There was presented Mayor and Council Communication No. C-22414 from the
Fort Worth City Manager recommending that the City Council authorize the City Manager
Convention and to execute a professional services contract with the Fort Worth Convention and
Visitors Bureau Visitors Bureau to manage and supervise programs or activities funded with
revenue from the hotel occupancy tax. The term of the contract shall be
effective from October 1, 2007, and remain in effect until September, 30, 2012,
with two one-year extension options executable by mutual consent.
Council Member Burdette made a motion, seconded by Council Member
Espino, that Mayor and Council Communication No. C-22414 be approved.
The motion carried unanimously nine (9) ayes to zero (0) nays.
C-22415 There was presented Mayor and Council Communication No. C-22415 from the
William J. Schultz, City Manager recommending that the City Council authorize the City Manager
Inc., d/b/a Circle to execute a contract with William J. Schultz, Inc., d/b/a Circle "C"
"C" Construction Construction Company for water main and sanitary sewer main relocations on
Company Rosedale Street (I.H. 35W to Mansfield Avenue), Contract 3, Unit I (City
Proj ect No. 0013 8).
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 24 of 26
Doug Rademaker, Director of Engineering, appeared and explained that the
contractor had started working on the ground much like they did with the Omni
Hotel project. He stated the City put together an intergovernmental team which
is working directly with TxDOT staff, all of the local franchise utilities and
various City departments. They would meet on this every two weeks with a big
meeting at TxDOT. He stated that the City was expediting this project and this
was the first phase of a three-phase utility relocation project, which had to
happen before work can be done to redo the street surface. He explained the
communications efforts, stating that a web site would be up and running on this
project to inform citizens about detours and schedules and anything that dealt
with construction related activities. He stated that the City expects to be done
ahead of schedule.
Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox,
that Mayor and Council Communication No. C-22415 be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
C-22416 There was presented Mayor and Council Communication No. C-22416 from the
801 Grove, City Manager recommending that the City Council authorize the City Manager
Limited to execute a 60-month lease agreement with 801 Grove, Limited, with a
mandatory sublease for $1.00 per year to the Cowboy Santas Toy Program for
office and warehouse space.
Council Member Moss made a motion, seconded by Council Member Burdette,
that Mayor and Council Communication No. C-22416 be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
C-22417 There was presented Mayor and Council Communication No. C-22417 from the
TXU Energy City Manager recommending that the City Council authorize the City Manager
to execute a contract and accept funds from TXU Energy for the Energy Aid
Program through December 31, 2007.
Council Member Moss made a motion, seconded by Council Member Espino,
that Mayor and Council Communication No. C-22417 be approved with
appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays.
Agenda Item XVI Mr. Vernon Chiles, 2800 Jennings, appeared before Council relative to
Citizen favorable consideration for a cap to be placed on the funding for the Trinity
Presentations River Uptown Project.
Vernon Chiles
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25, 2007
PAGE 25 of 26
Agenda Item XVII It was the consensus of the City Council that they recess into Executive Session
Executive Session at 12:14 p.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 Neighborhood Empowerment Zone Tax
Abatements;
b) Legal issues concerning the regulation of seasonal sales;
c) Legal issues regarding public assembly;
d) Legal issues concerning City of Fort Worth vs. 1800 Hemphill,
et al., Case No. 07-52949-1;
e) Legal issues concerning any item listed on today's City Council
meeting agendas; and
2. Deliberate the purchase, sale, lease, or value of real property in
accordance with Section 551.072 of the Texas Government Code.
Deliberation in an open meeting would have a detrimental effect on the
position of the City in negotiations with a third party; and
3. Deliberate concerning economic development negotiations as
authorized by Section 551.087 of the Texas Government Code; and
4. Deliberate the deployment, or specific occasions for implementation, of
security personnel or devices, in accordance with Section 551.076 of the
Texas Government Code.
Reconvened The City Council reconvened into Pre-Council session at 12:50 p.m. in order to
complete the following items:
7. Update on Urban Village Master Plans;
8. Update on Premature Street Failures;
9. Update on MedStar Response Times;
10. Proposed Amendments to Dangerous Dog Ordinance; and
11. Future Agenda Items and/or Report.
CITY OF FORT WORTH,TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 25,2007
PAGE 26 of 26
Agenda Item There being no further business,the meeting was adjourned at 2:35 p.m.
XVIII
Adjournment
These minutes approved by the Fort Worth City Council on the 2"d day of
October, 2007.
Attest: Approved:
Marry Hendrix Michael J oncrie
City Secretary Mayor