HomeMy WebLinkAbout2006/09/12-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 12, 2006
Present
Mayor Mike Moncrief
Mayor Pro tem Kathleen Hicks, District 8
Council Member Salvador Espino, District 2
Council Member Chuck Silcox, District 3
Council Member Daniel Scarth, District 4
Council Member Donavan Wheatfall, District 5
Council Member Jungus Jordan, District 6
Council Member Carter Burdette, District 7
Council Member Wendy Davis, District 9
City Staff
Charles Boswell, City Manager
David Yett, City Attorney
Marty Hendrix, City Secretary
With a quorum of the City Council Members present, Mayor Moncrief called the regular
session of the Fort Worth City Council to order at 10:17 a.m. on Tuesday, September 12, 2006, 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 Laird Duran, Grace Evangelical Lutheran
Invocation Church.
Agenda Item III The Pledge of Allegiance was recited.
Pledge
Mayor Moncrief asked that everyone recall the sacrifices that were made on
September 11, 2001, and the sacrifices made since that day to protect citizens of
this country. He stated that it was a day to thank all the folks in uniform who
serve the City and urged everyone to keep them in our thoughts and prayers and
also the families of those who gave their lives to protect the citizens of this
country and the families that remained behind.
Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member
Approval of Scarth, the minutes of the regular meeting of September 5, 2006, were approved
Minutes unanimously nine (9) ayes to zero (0) nays.
Agenda Item V Mayor Pro tem Hicks presented a Proclamation for Southeast HopeFest Day, to
Special Mr. Jeff Sanders, Director of Tarrant Net.
Presentations
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Mr. Carl Bell, owner of The Fort Worth CATS, along with Michael Bell, Jim
Boutell and Dick Smith, players, coaches and front office staff, presented the
City with the American Association of Independent Baseball Championship
Trophy after the team's victory over the St. Paul Saints in Minnesota on
September 10, 2006.
Mayor Moncrief congratulated the team and stated that the City was very proud
of what the CATS do on and off the field for the community and that they were
great partners of the City.
Agenda Item VI Mayor Pro tem Hicks expressed appreciation to the District 8 Advisory Board
Announcements for a great "thank you" luncheon on September 8, 2006. She stated that
representatives were present from every neighborhood of District 8 celebrating
what they had accomplished over the past year and looking forward to what
they would like to accomplish during the next year. She added that she
appreciated them for their support and leadership and for the positive way they
do things in southeast Fort Worth.
Council Member Burdette reminded everyone of the forum on the possible
changes to the City's smoking ordinance to be held on September 14, 2006, at
6:00 p.m. in the Silver Spur Room at the Will Rogers Memorial Center. He
stated that a task force would be present to receive comments and discuss any
possible changes. He added that the task force would provide
recommendations to the Council after the meeting and encouraged everyone
interested to attend the forum.
Council Member Espino stated that the I-35 Coalition would have their
quarterly meeting at the Coca Cola facility at 3400 Fossil Creek Boulevard at
10:00 a.m. on September 12, 2006. He also announced that the North Fort
Worth Neighborhood Alliance would have their election of officers on
September 16, 2006, at 9:00 a.m., at the Snooty Pig Cafe off Westport Parkway
and I-35. He stated that Hispanic Heritage Month would start September 15,
2006, and that All Saints Catholic Church would have their annual Hispanic
Heritage Celebration on September 16, 2006. He added that several festivities
were planned and to please call the church for additional information at (817)
626-3055.
Council Member Jordan expressed appreciation to the Mayor for his comments
regarding the remembrance of 9/11. He stated that with the peace and
prosperity that the nation enjoyed and the power of freedom that it was
sometimes forgotten that the nation was a nation at war and 6,000 of the
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country's citizens had given their lives since 2001 in fighting the war on terror.
He also acknowledged the men and women of the City who participated in
exercising the power of freedom.
Mayor Moncrief also expressed appreciation on behalf of the Council to Mr.
Bob Jameson and employees of the Worthington Hotel for providing hot dogs
and hamburgers on September 10, 2006, outside their parking bay for all Police,
Fire, Sheriff, ambulance and all public safety workers. He stated that it was
very much appreciated by all those who attended and that the Worthington had
planned to make this an annual event as a way to recognize 9/11. He expressed
appreciation for their contribution to this City.
Agenda Item VII There were no items withdrawn from the consent agenda.
Withdrawn from
Consent Agenda
Agenda Item VIII There were no items continued or withdrawn by the staff.
Continued/
Withdrawn By
Staff
Agenda Item IX Upon a motion made by Council Member Davis, seconded by Council Member
Consent Agenda Jordan, the Council voted nine (9) ayes to zero (0) nays to approve and adopt
all items on the Consent Agenda as recommended and as follows:
OCS-1574 M&C OCS-1574 - 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-15387 M&C G-15387 - Confirming and subsequently approving the City Manager's
Ord. No. 17137- submission of a grant application on behalf of the City Secretary's Office to the
09-2006 National Endowment for the Humanities (NEH) on July 25, 2006; authorizing
Grant for the City Manager to apply for and accept, if awarded, a grant of up to
Restoration of $111,659.00 from the NEH for restoration of historical minute books with
Historical Minute matching funds from the City required; authorizing the transfer of $30,000.00
Books from the General Fund, City Secretary Department, to the Grant Fund to be
used as matching funds; and $10,849.00 as "in-kind" matching funds from the
General Fund, City Secretary Department salaries; and adopting Appropriation
Ordinance No. 17137-09-2006 increasing estimated receipts and appropriations
in the Grants Fund in the amount of$152,508.00, subject to receipt of the grant
to preserve and create access to humanities collections from the National
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Endowment for the Humanities, for the purpose of funding the restoration of
historical records.
G-15388 M&C G-15388 - Authorizing the City Manager to retain Charles Gunter with
Res. No. 3409-09- the law firm of Whitaker, Chalk, Swindle and Sawyer, L.L.P., as outside
2006 counsel, pursuant to Chapter VI, Section 3 of the City Charter, in order to
Retain Outside provide legal consultation to the City Attorney's Office concerning the federal
Legal Counsel trademark registration of the Fort Worth Herd & Design Service Mark; and
Concerning adopting Resolution No. 3409-09-2006 designating in advance, as far as
Federal practicable, that the amount to be paid to Whitaker, Chalk, Swindle and
Trademark Sawyer, L.L.P., as outside legal counsel concerning the federal trademark
Registration of registration of the Fort Worth Herd & Design Service Mark, will not exceed
Fort Worth Herd $1,000.00.
& Design Service
Mark
G-15389 M&C G-15389 - Approving a twelve month extension of injury leave-of-
Extend Injury absence pay benefits to Police Officer Lisa Ramsey.
Leave-of-Absence
Pay Benefits to
Police Officer Lisa
Ramsey
G-15390 M&C G-15390 - Authorizing payment for rental assistance under the Housing
Rental Assistance of Last Resort requirements, in accordance with Federal Aviation
for Meacham Administration guidelines, to one tenant, Darrell and Angela Hill, displacee in
International connection with the acquisition of property leased and occupied by the tenant
Airport Mitigation displacee, located west of Meacham International Airport, in conjunction with
Program the Meacham International Airport Mitigation Program (DOE 5101); and
finding that the payment in the amount of$9,030.00 is justified.
G-15391 M&C G-15391 - Considering and adopting the findings and opinions of the
Ord. No. 17138- City staff as presented herein; finding that the public necessity and convenience
09-2006 require the operation of 15 limousines upon city streets, alleys and
Grant Use of thoroughfares; and adopting Ordinance No. 17138-09-2006 granting to Access
Streets,Alleys and Limousine, Inc., the privilege to use the streets, alleys and public thoroughfares
Thoroughfares to of the City in the conduct of its limousine business, which shall consist of the
Access operation of fifteen (15) limousines for a period beginning on September 12,
Limousines, Inc. 2006, and ending on September 11, 2009; specifying the terms and conditions
of the grant; providing a severability clause; making this ordinance cumulative
of all ordinances; providing for written acceptance by Access Limousine, Inc.,
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complying with all requirements of Article VI, Chapter 34, of the Code of the
City of Fort Worth (1986), as amended.
P-10450 M&C P-10450 - Authorizing a purchase agreement with Logan Graphics, Inc.,
Newsletter for newsletter printing for the Business Assistance Center based on best value
Printing with payment due 30 days from receipt of invoice; authorizing this agreement
to begin September 12, 2006, and expire September 11, 2007, with options to
renew for two additional one-year periods; and authorizing the City Manager to
execute Interlocal Agreements allowing other public entities to participate in
the bid award in accordance with the Local Government Code, Chapter
271.102, "Cooperative Purchasing Program".
P-10451 M&C P-10451 - Authorizing the purchase of a new mass casualty trailer
Mass Casualty utilizing Houston Galveston Area Council Contract No. TR11-04 with Rush
Trailer Equipment Center for the Fire Department for a cost not to exceed $42,308.00
with payment due 30 days from the invoice date. Freight is included in the unit
price.
P-10452 M&C P-10452 - Authorizing sole source purchase of Stryker surveillance
Stryker cameras and accessories from Gans & Pughs Associates, Inc., for a cost not to
Surveillance exceed $223,876.00 with freight included in unit cost and payment due 30 days
Cameras and after receipt of invoice.
Accessories
P-10453 M&C P-10453 - Authorizing a sole source purchase agreement with Amigos
Online Resource- Library Services for an Online resource-sharing network system for the Fort
Sharing Network Worth Public Library; and authorizing this agreement to begin September 12,
System 2006, and expire September 11, 2007, with options to renew for four additional
one-year periods.
L-14243 M&C L-14243 - Authorizing the acquisition of five single-family residences
Property located on the west side of Meacham International Airport, Fort Worth, from
Acquisition for the individual owners as detailed below in conjunction with the Meacham
Meacham International Airport Mitigation Program (DOE 5101):
International
Airport Mitigation Parcel Seller Address Legal Description
Program
2104 Alberto&Maria 3515 Chestnut Ave. Lot 18,Block 5,
Conchas Airport Acres Addition
2107 Bradley&Maria 3509 Chestnut Ave. Lot 15,Block 5,
Smith Airport Acres Addition
2108 Bradley&Maria 3507 Chestnut Ave. Lot 14,Block 5,
Smith Airport Acres Addition
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2112 Enrique Castruita 3500 Columbus Ave. Lot 10,Block 5,
Airport Acres Addition
2129 Mary Marquez 3414 Columbus Ave. Lot 13,Block 4,Worth
Hills Addition
Finding that the prices offered plus an estimated real estate tax prorated amount
not to exceed $8,000.00 for a total cost of$280,000.00 was just compensation;
and authorizing the acceptance and recording of appropriate instruments.
C-21665 M&C C-21665 - Consenting to the assignment by BSG Pipeline, Ltd., of all its
Consent to rights, duties and obligations under City Secretary Contract Nos. 31330, 31765,
Assignment to 32031, 32212, 33143, 33229, 33297, 33342 and 33515 (Public Right-of-Way
Texas Midstream Use Agreements) to Texas Midstream Gas Services, L.L.C.; and authorizing the
Gas Services, City Manager to execute a Consent to Assignment Agreement with BSG
L.L.C. Pipeline, Ltd., and Texas Midstream Gas Services, L.L.C.
C-21666 M&C C-21666 - Authorizing the City Manager to enter into a consent
TLC Green agreement for signs with TLC Green Property Associate 1, L.P., authorizing
Property Associate use of the right-of-way for signs over East Fourth Street at 500 Taylor Street.
1, L.P.
C-21667 M&C C-21667 - Authorizing the City Manager to execute an annual
Elements of Architectural Design Contract with Elements of Architecture, Inc., for a total
Architecture, Inc. fee not-to-exceed $250,000.00 over the three-year period of the agreement for
small multi-disciplinary projects on an as-needed basis.
C-21668 M&C C-21668 - Authorizing the City Manager to transfer $299,713.00 from
Ord. No. 17139- the Water and Sewer Operating Fund to the Water Capital Projects Fund;
09-2006 adopting Appropriation Ordinance No. 17139-09-2006 increasing estimated
Peachtree receipts and appropriations in the Water Capital Projects Fund in the amount of
Construction, Ltd. $299,713.00 from available funds for the purpose of executing a contract with
Peachtree Construction, Ltd., for H.M.A.C. Surface Overlay 2006-12 at various
locations; and authorizing the City Manager to execute a contract with
Peachtree Construction, Ltd., in the amount of $525,083.00 for H.M.A.C.
Surface Overlay 2006-12 at various locations, Section 1.
C-21669 M&C C-21669 - Authorizing the transfer of $85,892.00 from the Water and
Ord.No. 17140-09- Sewer Operating Fund to the Water Capital Projects Fund in the amount of
2006 $61,282.00 and the Sewer Capital Projects Fund in the amount of $24,610.00;
Change Order No. 1
to CSC No.31649- adopting Appropriation Ordinance No. 17140-09-2006 increasing estimated
Conatser receipts and appropriations in the Water Capital Projects Fund in the amount of
Construction Tx,LP. $61,282.00 and the Sewer Capital Projects Fund in the amount of $24,610.00
from available funds for the purpose of executing Change Order No. 1 to City
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Secretary Contract No. 31649 with Conatser Construction TX, LP., for Water
and Sanitary Sewer Replacement Contract 2001, WSM-N; and authorizing the
City Manager to approve Change Order No. 1 to a contract with Conatser
Construction TX, LP., in the amount of $85,892.00 for Water and Sanitary
Sewer Replacement Contract 2001, WSM-N, thereby increasing the contract
amount to $2,280,511.75.
C-21670 M&C C-21670 - Authorizing the City Manager to apply for and accept, if
Ord. No. 17141- awarded, a Comprehensive Selective Traffic Enforcement Program (STEP)
09-2006 grant in the amount of $416,280.00 and a Commercial Motor Vehicle STEP
Texas Department grant in the amount of $63,720.00 from the Texas Department of
of Transportation Transportation; authorizing the City Manager to enter into a contract with the
Texas Department of Transportation for the Comprehensive STEP and
Commercial Motor Vehicle STEP grant implementation during Fiscal Year
2007, contingent upon appropriation of matching funds; authorizing the transfer
of $52,293.00 from the State Awarded Assets Fund to the Grants Fund for the
City's match, of the Comprehensive STEP grant, contingent upon receipt of
adequate funding in the FY 2007 State Awarded Assets fund; authorizing the
transfer of $7,443.00 from the Federal Awarded Assets Fund to the Grants
Fund for the City's match of the Commercial Vehicle STEP grant, contingent
upon receipt of adequate funding in the FY 2007 Federal Awarded Assets fund;
and adopting Appropriation Ordinance No. 17141-09-2006 increasing
estimated receipts and appropriations in the Grants Fund in the amount of
$539,736.00 from available funds for the purpose of funding the Selective
Traffic Enforcement Program in the Police Department.
C-21671 M&C C-21671 - Authorizing the City Manager to authorize execution of a
Epic Helicopters Terminal Building Office Lease Agreement with Epic Helicopters at Fort
Worth Meacham International Airport.
C-21672 M&C C-21672 - Authorizing the City Manager to execute Amendment No. 1 to
Amendment No. 1 City Secretary Contract No. 32148, a hangar lease agreement with FWS Realty,
to CSC No. 32148 Ltd., for Hangar W-I at Fort Worth Spinks Airport.
- FWS Realty, Ltd.
C-21673 M&C C-21673 - Authorizing the City Manager to execute an Unimproved
JRBC Properties, Ground Lease Agreement with mandatory improvements for 89,002 square feet
LLC of unimproved ground to construct and operate a commercial aircraft
maintenance hangar with JRBC Properties, LLC, for the renovation of the Oak
Grove Terminal Building and associated office space located on the northeast
side of Fort Worth Spinks Airport.
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C-21674 M&C C-21674 - Authorizing termination of City Secretary Contract No.
Terminate CSC 32476, a lease agreement with Vilma Manteiga for T-Hangar Unit 245-2 at Fort
No. 32476 - Vilma Worth Meacham International Airport; and authorizing execution of a lease
Manteiga agreement with Vilma Manteiga, an individual, for T-Hangar Unit 24S-9 at Fort
Worth Meacham International Airport.
C-21675 M&C C-21675 - Authorizing the City Manager to execute a second written
Sandpiper Airport Consent to Deed of Trust Lien by Sandpiper Airport Inn, Inc., through its
Inn, Inc. President Don E. Hansen, in favor of Summit Bank, N.A. for Lease Site 1-S at
Fort Worth Meacham International Airport.
C-21676 M&C C-21676 - Authorizing the City Manager to execute a professional
The Landscape services agreement with The Landscape Alliance in the amount of $45,900.00
Alliance to conduct assessment studies and make a recommendation for consideration of
sites best suited for the future location of the proposed South Central
Community Center.
C-21677 M&C C-21677 - Authorizing the City Manager to enter into a Multiple Use
Texas Department Agreement with the Texas Department of Transportation for the use of a site for
of Transportation a Class II Trailhead Parking Area at Metropolitan Highway 50 (also known as
Rosedale) and University Drive.
The motion carried. End of Consent Agenda.
Agenda Item X Council Member Jordan made a motion, seconded by Council Member Espino,
Presentations by that Anjelica Harris, Kari Teigen, and Taylor Thomas, be appointed to the
City Council - Youth Advisory Board effective September 11, 2006. The motion carried
Appointments unanimously nine (9) ayes to zero (0) nays.
Res. No. 3410-09- There was presented a resolution to eliminate estimated compensation lag and
2006 bring City employees to market median by FY 2007-2008.
Eliminate
Compensation Lag Mayor Pro tem Hicks made a motion, seconded by Council Member Jordan,
and Bring City that Resolution No. 3410-09-2006 be adopted.
Employees to
Market Median by Council Member Jordan stated he wanted to ensure that the City looked at the
FY 2007-2008 Total Compensation Committee as the means by which to identify the median
income and that Council reach a consensus on how that should be identified.
The motion carried unanimously nine (9) ayes to zero (0) nays.
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Agenda Item XI There were no presentations or communications from boards, commissions
Committee and/or City Council Committees.
Presentations
Agenda Item XII There was presented Mayor and Council Communication No. OCS-1575 from
OCS-1575 the Office of the City Secretary recommending that the City Council approve
Joint Tarrant the Joint Election Agreement for Tarrant County and City of Fort Worth for
County and City election services for the Special Election on Meet and Confer on November 7,
of Fort Worth 2006.
Special Election on
Meet and Confer Council Member Silcox made a motion, seconded by Council Member
on November 7, Wheatfall, that OCS-1575 be approved. The motion carried unanimously nine
2006 (9) ayes to zero (0) nays.
Agenda Item XIII It appeared that the City Council set today as the date for the public hearing in
Budget Hearing connection with the proposed Fiscal Year 2006-2007 Appropriation Ordinance
and Ad Valorem Tax Levy Ordinances. 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 in connection with the public
hearing, Mayor Pro tem Hicks made a motion, seconded by Council Member
Davis, that the public hearing be closed. The motion carried unanimously nine
(9) ayes to zero (0) nays.
Agenda Item XIV There was a presented an ordinance setting forth an itemized estimate of the
Ord. No. 17142- expense of conducting each department, division and office of the Municipal
09-2006 Government of the City of Fort Worth for the ensuing Fiscal Year beginning
Itemized Estimate October 1, 2006, and ending September 30, 2007, and appropriating money for
of Expense of the various funds and purposes of such estimate; appropriating money to pay
Conducting Each interest and principal sinking fund requirement on all outstanding general
Department, Div. indebtedness; providing for public hearings upon this ordinance before the
and Office of entire City Council sitting as a committee of the whole; and providing a savings
Municipal clause for the repeal of all ordinances and appropriations in conflict with the
Government for provisions of this ordinance; and for the publication and final passage thereof.
FY 2006-2007
City Manager Boswell advised the Council that the following two ordinances
enacted the budget and the tax rate for the year. He advised that there were
changes to the ordinances that were in the Council packet based on Council's
discussion during the Pre-Council Worksession relative to the $.86 tax rate and
the changes in the appropriations. Copies of the revised ordinances had been
distributed to the Council.
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Ms. Bridgette Garrett, Budget and Management Services Department Director,
stated that the appropriation ordinance set the appropriation by department to be
adopted today. She stated that in addition, a Schedule of Changes had been
distributed to the Council that explained changes made to each department's
budget from proposed to adopted. She stated that the compensation dollars
initially placed in non-departmental funds had been distributed amongst the
departments and noted that each department would reflect a change from the
proposed budget. She further stated that the budget also reflected the change in
enterprise funds and other funds that reflected the increase and change in
compensation dollars.
Council Member Jordan made a motion, seconded by Council Member Davis,
that Ordinance No. 17142-09-2006 be adopted. The motion carried eight (8)
ayes to one (1) nay, with Council Member Silcox casting the dissenting vote.
Ord. No. 17143- There was presented an ordinance providing for the levy and collection of an
09-2006 annual Ad Valorem Tax on all property, real, personal and mixed, situated
Annual Ad within the territorial limits of the City of Fort Worth, Texas, and all personal
Valorem Tax Levy property owned in said City of Fort Worth, Texas, on the first day of January,
and Collection A.D. 2006, except such property as may be exempt from taxation by the
Constitution and laws of the State of Texas.
Assistant City Attorney Cynthia Garcia advised the Council that a revised
ordinance had been distributed to them to change the tax rate to $.86 and there
were changes to pages 4 and 5 to comply with state law with Section 33.07 and
33.08 of the Tax Code. She advised that Section 10 was added because the City
adopted the change in the state law to Section 33.11 that was adopted in
January 2006.
Council Member Silcox advised of his opposition as he wanted to see a larger
tax rate reduction.
It was proposed to reduce the tax rate from $0.865, the tax rate adopted in 2005,
to $0.8600. Although the proposed tax rate is less than the rate adopted in
2005, the effective tax rate has increased, therefore, Mayor Pro tem Hicks made
the following motion to adopt Ordinance No. 17143-09-2006, in compliance
with Section 26.05 of the Texas Tax Code: "I move that property taxes be
increased by the adoption of a tax rate of$0.8600." The motion was seconded
by Council Member Davis. The motion carried eight (8) ayes to one (1) nay,
with Council Member Silcox casting the dissenting vote.
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PAGE 11 of 28
(Council Member Wheatfall stepped away from the dais.)
AGENDA ITEM XV—REPORT OF THE CITY MANAGER
Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for
BH-224 Fort Worth Public Improvement District No. 11 (Stockyards) concerning
Ord. No. 17144- proposed property assessments, adoption of ordinance levying assessments for
09-2006 Fiscal Year 2006-2007, and adoption of appropriation ordinance allocating
Ord. No. 17145- estimated receipts to the district. Mayor Moncrief opened the benefit hearing
09-2006 and asked if there was anyone present desiring to be heard.
Public
Improvement Ms. Becky Wood, PID Administrator for the Finance Department, appeared
District No. 11 before Council, gave a staff report and called attention to Mayor and Council
(Stockyards) Communication No. 131-1-224, as follows:
There was presented Mayor and Council Communication No. BH-224 from the
City Manager recommending that the City Council hold a benefit hearing
concerning the proposed property assessments for Fort Worth Public
Improvement District No. 11 (Stockyards) for Fiscal Year 2006-2007; adopting
an ordinance closing the hearing and levying assessments for the cost of certain
improvements and/or services provided in Fort Worth Public Improvement
District No. 11 during Fiscal Year 2006-07; setting charges and liens against
property in the district and against the owners thereof, providing for the
collection of such assessments; reserving unto the City Council the right to
allow credits reducing the amount of the respective assessment to the extent of
any credit granted; and adopting an appropriation ordinance increasing
estimated receipts and appropriations in the Special Assessment District Fund
in the amount of $57,200.00 from available funds for the purpose of funding
improvements and services in Public Improvement District No. 11
(Stockyards).
There being no one present desiring to be heard in connection with the benefit
hearing, Council Member Espino made a motion, seconded by Council Member
Davis, that the benefit hearing be closed, Mayor and Council Communication
No. BH-224 be approved and Ordinance No. 17144-09-2006 and Appropriation
Ordinance No. 17145-09-2006 be adopted. The motion carried unanimously
eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent.
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Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for
BH-225 Fort Worth Improvement District No. 1 (Downtown) concerning proposed
Ord. No. 17146-09- property assessments, adoption of ordinance levying assessments for Fiscal
2006 Year 2006-2007, and adoption of appropriation ordinance to increase estimated
Ord. No. 17147-09- receipts in the Special Assessment District Fund. Mayor Moncrief opened the
2006 benefit hearing and asked if there was anyone present desiring to be heard.
Public Improvement
District No. 1
(Downtown)
Ms. Becky Wood, PID Administrator for the Finance Department, appeared
before Council, gave a staff report and called attention to Mayor and Council
Communication No. BH-225, as follows:
There was presented Mayor and Council Communication No. BH-225 from the
City Manager recommending that the City Council hold a benefit hearing
concerning the proposed property assessment for property located in Fort
Worth Public Improvement District No. 1 (Downtown) for Fiscal Year 2006-
2007; adopting an ordinance closing the hearing and levying assessments for
the cost of certain improvements and/or services provided in Fort Worth Public
Improvement District No. 1 during Fiscal Year 2006-07; fixing charges and
liens against property in the district and against the owners thereof, providing
for the collection of such assessments; reserving unto the City Council the right
to allow credits reducing the amount of the respective assessment to the extent
of any credit granted; and adopting an appropriation ordinance increasing
estimated receipts and appropriations in the Special Assessment District Fund
in the amount of$1,785,048.00 from available funds for the purpose of funding
improvements and services in Public Improvement District No. 1 (Downtown).
Douglas Zent Mr. Douglas Zent, 959 W. Bluff Street, appeared before Council in opposition
of the PID assessments. He stated that he believed the neighborhood would not
see any benefit from the increased tax assessment. He stated that he had moved
into the area six months ago after making improvements to his residence over
the last three years. He added that improvements to his residence were the only
improvements he had seen in the PID and provided pictures reflecting areas in
need of attention.
Council Member Davis stated that the purpose of the PID was to make
improvements into the public rights-of-way areas of the City. She added that
the money did not go toward the private redevelopment of parcels within the
district. However, she expected, based on the growth demands of downtown
and the incredible high valuations of the property adjacent to Mr. Zent's home,
that it would happen by virtue of the private sector. She further stated that it
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was a good time to keep in mind that the areas bordering the PID needed to
always be paid particular attention to preclude evidence of lack of care within
particular areas in terms of public rights-of-way, and hoped that Downtown
Fort Worth, Inc., look at those areas.
There being no one else present desiring to be heard in connection with the
benefit hearing, Council Member Davis made a motion, seconded by Council
Member Espino, that the benefit hearing be closed, Mayor and Council
Communication No. BH-225 be approved and Ordinance No. 17146-09-2006
and Appropriation Ordinance No. 17147-09-2006 be adopted. The motion
carried unanimously eight (8) ayes to zero (0) nays, with Council Member
Wheatfall absent.
Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for
BH-226 Fort Worth Improvement District No. 6 (Park Glen) concerning proposed
Ord. No. 17148- property assessments, adoption of ordinance levying assessments for Fiscal
09-2006 Year 2006-2007, and adoption of appropriation ordinance to increase estimated
Ord. No. 17149- receipts in the Special District Fund. Mayor Moncrief opened the benefit
09-2006 hearing and asked if there was anyone present desiring to be heard.
Public
Improvement Ms. Becky Wood, PID Administrator for the Finance Department, appeared
District No. 6 before Council, gave a staff report and called attention to Mayor and Council
(Park Glen) Communication No. 131-1-226, as follows:
There was presented Mayor and Council Communication No. BH-226 from the
City Manager recommending that the City Council hold a benefit hearing
concerning the proposed property assessments for Fort Worth Public
Improvement District No. 6 (Park Glen) for Fiscal Year 2006-2007; adopting
an ordinance closing the hearing and levying assessments for the cost of certain
improvements and/or services provided in Fort Worth Public Improvement
District No. 6 during Fiscal Year 2006-07; setting charges and liens against
property in the district and against the owners thereof, providing for the
collection of such assessments; reserving unto the City Council the right to
allow credits reducing the amount of the respective assessment to the extent of
any credit granted; and adopting an appropriation ordinance increasing
estimated receipts and appropriations in the Special Assessment District Fund
in the amount of$1,389,962.00 from available funds for the purpose of funding
improvements and services in Public Improvement District No. 6 (Park Glen).
CITY OF FORT WORTH, TEXAS
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PAGE 14 of 28
There being no one present desiring to be heard in connection with the benefit
hearing, Council Member Scarth made a motion, seconded by Council Member
Davis, that the benefit hearing be closed, Mayor and Council Communication
No. BH-226 be approved and Ordinance No. 17148-09-2006 and Appropriation
Ordinance No. 17149-09-2006 be adopted. The motion carried unanimously
eight(8) ayes to zero (0) nays, with Council Member Wheatfall absent.
Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for
BH-227 Fort Worth Improvement District No. 7 (Heritage) concerning proposed
Ord. No. 17150- property assessments, adoption of ordinance levying assessments for Fiscal
09-2006 Year 2006-2007, and adoption of appropriation ordinance allocating estimated
Ord. No. 17151- receipts to the district. Mayor Moncrief opened the benefit hearing and asked if
09-2006 there was anyone present desiring to be heard.
Public
Improvement Ms. Becky Wood, PID Administrator for the Finance Department, appeared
District No. 7 before Council, gave a staff report and called attention to Mayor and Council
(Heritage) Communication No. BH-227, as follows:
There was presented Mayor and Council Communication No. BH-227 from the
City Manager recommending that the City Council hold a benefit hearing
concerning the proposed property assessments for Fort Worth Public
Improvement District No. 7 (Heritage) for Fiscal Year 2006-2007; adopting an
ordinance closing the hearing and levying assessments for the cost of certain
improvements and/or services provided in Fort Worth Public Improvement
District No. 7 during Fiscal Year 2006-07; setting charges and liens against
property in the district and against the owners thereof, providing for the
collection of such assessments; reserving unto the City Council the right to
allow credits reducing the amount of the respective assessment to the extent of
any credit granted; and adopting an appropriation ordinance increasing
estimated receipts and appropriations in the Special Assessment District Fund
in the amount of $817,787.00 from available funds for the purpose of funding
improvements and services in Public Improvement District No. 7 (Heritage).
There being no one present desiring to be heard in connection with the benefit
hearing, Council Member Espino made a motion, seconded by Council Member
Burdette, that the benefit hearing be closed, Mayor and Council
Communication No. BH-227 be approved and Ordinance No. 17150-09-2006
and Appropriation Ordinance No. 17151-09-2006 be adopted. The motion
carried unanimously eight (8) ayes to zero (0) nays, with Council Member
Wheatfall absent.
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PAGE 15 of 28
Benefit Hearing It appeared that the City Council set today as the date for the benefit hearing for
BH-228 Fort Worth Improvement District No. 8 (Camp Bowie) concerning proposed
Ord. No. 17152- property assessments, adoption of ordinance levying assessments for Fiscal
09-2006 Year 2006-2007, and adoption of appropriation ordinance allocating estimated
Ord. No. 17153- receipts to the district. Mayor Moncrief opened the benefit hearing and asked if
09-2006 there was anyone present desiring to be heard.
Public
Improvement Ms. Becky Wood, PID Administrator for the Finance Department, appeared
District No. 8 before Council, gave a staff report and called attention to Mayor and Council
(Camp Bowie) Communication No. 131-1-228, as follows:
There was presented Mayor and Council Communication No. BH-228 from the
City Manager recommending that the City Council hold a benefit hearing
concerning the proposed property assessments for Fort Worth Public
Improvement District No. 8 (Camp Bowie) for Fiscal Year 2006-2007;
adopting an ordinance closing the hearing and levying assessments for the cost
of certain improvements and/or services provided in Fort Worth Public
Improvement District No. 8 during Fiscal Year 2006-07; setting charges and
liens against property in the district and against the owners thereof, providing
for the collection of such assessments; reserving unto the City Council the right
to allow credits reducing the amount of the respective assessment to the extent
of any credit granted; and adopting an appropriation ordinance increasing
estimated receipts and appropriations in the Special Assessment District Fund
in the amount of $499,590.00 from available funds for the purpose of funding
improvements and services in Public Improvement District No. 8 (Camp
Bowie).
(Council Member Wheatfall returned to his chair at the dais.)
There being no one present desiring to be heard in connection with the benefit
hearing, Council Member Silcox made a motion, seconded by Council Member
Burdette, that the benefit hearing be closed, Mayor and Council
Communication No. BH-228 be approved and Ordinance No. 17152-09-2006
and Appropriation Ordinance No. 17153-09-2006 be adopted. The motion
carried unanimously nine (9) ayes to zero (0) nays.
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PAGE 16 of 28
G-15392 There was presented Mayor and Council Communication No. G-15392 from
Res. No. 3411-09- the City Manager recommending that the City Council approve a resolution
2006 granting conditional consent to the creation of Tradition Municipal Utility
Create Tradition District No. 2 of Denton County, Texas.
Municipal Utility
District No. 2 of Council Member Espino made a motion, seconded by Council Member Davis,
Denton County, that Mayor and Council Communication No. G-15392 be approved and
Texas Resolution No. 3411-09-2006 be adopted. The motion carried unanimously
nine (9) ayes to zero (0) nays.
G-15393 There was presented Mayor and Council Communication No. G-15393 from
Waive Fees for the City Manager recommending that the City Council waive City building
Oakland Shopping permit fees (including inspection fees), demolition fee, Board of Adjustment
Center Project at fee, street and utility vacation easement application fee, and
Northeast Corner consent/encroachment application fee for the Oakland Shopping Center Project
of Oakland at the northeast corner of Oakland Boulevard and East Lancaster Avenue.
Boulevard and
East Lancaster Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that
Avenue Mayor and Council Communication No. G-15393 be approved with
appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays.
G-15394 There was presented Mayor and Council Communication No. G-15394 from
Pay Relocation the City Manager recommending that the City Council authorize the payment of
and Moving relocation and moving expenses to A Plum Vending, not to exceed $10,000.00,
Expenses for as a displaced business, from 3528 Concrete Street, in the Vickery Corridor,
Right-of-Way of Parcel No. 65-A1, for right-of-way for the Southwest Parkway Project (DOE
Southwest 3777).
Parkway
Council Member Davis made a motion, seconded by Council Member Silcox,
that Mayor and Council Communication No. G-15394 be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
G-15395 There was presented Mayor and Council Communication No. G-15395 from
Pay Relocation the City Manager recommending that the City Council authorize the payment of
and Moving relocation and moving expenses to Herbert Roane, not to exceed $10,000.00, as
Expenses for a displaced person, from 4505 West Vickery Boulevard, in the Vickery
Right-of-Way of Corridor, Parcel No. 88-A1, for right-of-way for the Southwest Parkway Project
Southwest (DOE 3777).
Parkway
Council Member Davis made a motion, seconded by Council Member Silcox,
that Mayor and Council Communication No. G-15395 be approved. The
motion carried unanimously nine (9) ayes to zero (0) nays.
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SEPTEMBER 12, 2006
PAGE 17 of 28
G-15396 There was presented Mayor and Council Communication No. G-15396 from
Accept Donation the City Manager recommending that the City Council accept the donation of
for Texas Native approximately $250,000.00 in improvements from the Fort Worth Botanical
Forest Society. The improvements include design, construction documents and
Boardwalk's construction of the educational component of the Texas Native Forest
Education Boardwalk.
Component
Council Member Burdette made a motion, seconded by Council Member
Jordan, that Mayor and Council Communication No. G-15396 be approved
with appreciation. The motion carried unanimously nine (9) ayes to zero (0)
nays.
G-15397 There was presented Mayor and Council Communication No. G-15397 from
Accept Donation the City Manager recommending that the City Council accept a donation from
for Repairs of the Fort Worth Botanical Society valued at $60,000.00 for the replacement of
Paths in Japanese asphalt paths in the Japanese Garden at Fort Worth Botanic Garden.
Garden at Fort
Worth Botanic Council Member Burdette made a motion, seconded by Council Member
Garden Espino, that Mayor and Council Communication No. G-15397 be approved
with appreciation. 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
G-15398 consider a request for variance from Section 4-4 of the City Code to allow the
Variance to Allow sale of alcoholic beverages in a convenience store located in The Tower, at 575
Sale of Alcoholic Taylor Street and West 5th Street. Mayor Moncrief opened the public hearing
Beverages at 575 and asked if there was anyone present desiring to be heard.
Taylor Street and
West Stn Street Mr. Bob Riley, Development Department Director, appeared before Council,
(AA06-00003) gave a staff report and called attention to Mayor and Council Communication
No. G-15398, as follows:
There was presented Mayor and Council Communication No. G-15398 from
the City Manager recommending that the City Council consider the request
from Mr. Darrell Melton for a variance from Section 4-4 of the City Code
prohibiting the sale of alcoholic beverages in a convenience store located in
The Tower, at 575 Taylor Street and West 5th Street (AA06-00003) located
within 300 feet of a church.
The following individuals appeared before Council in opposition of the
variance. They expressed concerns relative to the need for increased security if
the variance was approved, additional trash receptacles, parking restrictions,
CITY OF FORT WORTH, TEXAS
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SEPTEMBER 12, 2006
PAGE 18 of 28
restricting sales of single and quart beer containers, vagrants purchasing alcohol
from the store, and the sale of lottery tickets and the profusion of obtrusive
signage associated with convenience stores.
Tom Plumbley, Mr. Tom Plumbley 612 Throckmorton Street
Wini Klein, Sr. Minister, First Christian Church
Loren Boswell, Ms. Wini Klein 500 Throckmorton Street, Unit 1812
C.W. White Mr. Loren Boswell 6706 Camp Bowie
Mr. C. W. White 500 Throckmorton, Unit 2311
Jim Schell Mr. Jim Schell, representing the applicant located at 575 5th Street, appeared
before Council in support of the variance. He advised the Council that the
business would be an upscale 2,200 square foot convenience store, have cherry
wood accents and provide delivery service to The Tower residents. He stated
that opponent concerns relative to the sale of single or quart beer containers
were valid and that the convenience store would not sell those items. He added
that the store would have a sign posted that they reserved the right to refuse
service to anyone and assured the Council that the store would sell multi-pack
beer and only quality wines. He further stated that he had a letter from the
President of the Tower Condo Association in support of the convenience store.
Andy Taft Mr. Andy Taft, 2842 5th Avenue, President, Downtown Fort Worth, Inc.,
appeared before Council fundamentally in support of the variance. He stated
that the Comprehensive Plan addressed the need for convenience stores in the
downtown area and added that the restrictions requested were very reasonable.
He added that the PID would be the responsible entity to clean up the area
should additional trash be created and that Downtown Fort Worth, Inc., would
work with everyone in the PID to address all their concerns.
Council Member Davis stated that, having lived downtown for the three years,
she recognized and identified with the very legitimate concerns that First
Christian Church had expressed. She said she became a very frequent visitor to
the grounds of the church while walking her dog and noticed at night and early
mornings at the side entrance of the church she saw instances of public
urination and vagrants sleeping on the benches at the church and asking for
money. She wanted to make sure that Downtown Fort Worth, Inc., pay
particular attention of the cleaning of the public right-of-way, but also that the
Police Department paid particular attention to its patrol. She added that she
observed that those patrols were very good in some areas of downtown, but on
the southern side of the church, the security provided by the Police Department
and Sundance Square became much less frequent. She stated that the church
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PAGE 19 of 28
members had particular concerns with the congregants who attended services
on Wednesday evenings and on Sunday mornings and she asked Assistant City
Manager Joe Paniagua to provide her and Reverend Plumbley some written
indication on the plans to improve that situation. She addressed trash
receptacles and advised Mr. Taft that there were no Downtown Fort Worth,
Inc., receptacles on the Taylor Street side of the building. She also stated there
was a need for convenience items for the residential community of downtown
and that she had a conversation with Mr. Tony Landrum on why the site was
chosen and the plans for the other sites in his building. She explained that once
the 300 foot boundary was exceeded, she actually lost her leverage in terms of
negotiating with this business owner and with Mr. Landrum. She added that
she met with Mr. Melton and expressed her concern about the sale of single
serving alcoholic beverages, single serve 32 ounce and 64 ounce, and limiting
sale of wine to only those high premium wine beverages. She stated that she
also recommended putting a sign on his storefront indicating the right to refuse
service to anyone and helping the City not to promote the type of clientele
everyone was concerned with. She added that she also thought it would also be
helpful for him to place a sign with regard to asking his patrons not to park in
the lot immediately to the north of the church properties during Wednesday
evenings and Sunday mornings. She added that Mr. Landrum had very specific
restrictions regarding signage and had received his agreement that all the
concerns would be included in the terms of the lease with Mr. Melton and that
any subsequent owner of that business would also have to comply with those
restrictions. She asked Reverend Plumbley to provide her with the statements
he made today so that she can ensure they were included in the lease.
Council Member Scarth stated that there was some concern that this would
precipitate an increase in the number of variances that may be granted by the
Council and assured everyone that it would not. He added that Council had
denied a number of variances of a similar nature and that this was an extremely
unique situation created by the density of development of downtown.
There being no one else present desiring to be heard in connection with the
public hearing, Council Member Davis made a motion, seconded by Council
Member Scarth, that the public hearing be closed and Mayor and Council
Communication No. G-15398 be approved with the additional considerations as
stated. The motion carried unanimously nine (9) ayes to zero (0) nays.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 12, 2006
PAGE 20 of 28
L-14244 There was presented Mayor and Council Communication No. L-14244 from the
Acquire Property City Manager recommending that the City Council authorize the payment of
for Southwest $1,075,000.00 to Krzysztof Gorecki and wife, Violetta Gorecki to acquire 4337
Parkway (S.H. West Vickery Boulevard, Fort Worth, Texas 76107, located in the Vickery
121) Corridor, for right-of-way for the Southwest Parkway (S.H. 121) (DOE 3777)
and estimated closing costs of $6,954.00; authorize the appropriate City
representatives to execute the documents necessary to complete the purchase
located at 4337 West Vickery Boulevard, Fort Worth, Texas 76107, Parcel 83,
described as 0.489 acres, more or less, being the remainder of Lots 9, 10 and
11, Block 2 of Factory Place Addition, an addition to the City of Fort Worth,
Tarrant County, Texas; and execute a 16-month lease agreement with Krzysztof
Gorecki and wife, Violetta Gorecki for 0.489 acres of land, located at 4337
West Vickery Boulevard, Fort Worth, Texas 76107.
Council Member Davis made a motion, seconded by Council Member Silcox,
that Mayor and Council Communication No. L-14244 be approved. 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 for
PZ-2695 the adoption of a Subdivision Ordinance, City of Fort Worth, Texas, replacing
Ord. No. 17154- Ordinance No. 7234 and Chapter 25 of the City Code and the suspension of
09-2006 Chapter 4, Article I and Figures 1-5. Mayor Moncrief opened the public
Replace Ord. No. hearing and asked if there was anyone present desiring to be heard.
7234 and Chapter
25 of City Code Mr. John Garfield, Development Services Administrator, appeared before
and Suspend Council, gave a staff report and called attention to Mayor and Council
Chapter 4,Article Communication No. PZ-2695, as follows:
I and Figures 1-5
There was presented Mayor and Council Communication No. PZ-2695 from the
City Manager recommending that the City Council adopt a Subdivision
Ordinance amending the Code of the City of Fort Worth (as codified by
Ordinance No. 16969 adopted May 20, 2006), as amended, by adding an
Appendix C; which appendix shall constitute the "Subdivision Ordinance of the
City of Fort Worth", by providing for the establishment and duties of the Plan
Commission and the Development Review Committee; establishment of the
submission review process, approval and expiration; the platting standards for
subdivisions, including street and block arrangements, lot types and designs,
easements, storm water management, street design standards, gated
subdivisions and developments, oil and gas wells and pipelines; the installation
of public improvements, including construction design standards and
specifications, paving and drainage facilities, and street lighting; incorporation
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PAGE 21 of 28
of adopted design standards and policy manuals; providing for variances and
reconsiderations; repealing Ordinance No. 7234 and the current Plan
Commission Rules and Regulations; and suspend Chapter 4, Article I and
Figures 1-5 of the Subdivision Ordinance in order to pilot changes to the plat
review process.
Mr. Garfield expressed appreciation to public and private entities involved with
this issue to include members of the Development Department staff.
There being no one present desiring to be heard in connection with the public
hearing, Council Member Wheatfall made a motion, seconded by Council
Member Jordan, that the public hearing be closed, Mayor and Council
Communication No. PZ-2695 be approved and Subdivision Ordinance No.
17154-09-2006 be adopted. The motion carried unanimously nine (9) ayes to
zero (0) nays.
(Council Member Espino stepped away from the dais.)
C-21678 There was presented Mayor and Council Communication No. C-21678 from the
Rescind M&C C- City Manager recommending that the City Council rescind M&C C-21257,
21257 and Cancel approved January 19, 2006, which authorized the City Manager to execute a
CSC Nos. 33503 contract with Ability Resources, Inc., (ARI) for a forgivable loan not to exceed
and 33553 - a total of $55,000.00 in Community Development Block Grant funds to assist
Ability Resources, the development of the Willow Bend Creek Apartments and cancel City
Inc. Secretary Contract No. 33503 and Contract Assignment No. 33553; authorize
the City Manager to execute a contract with Ability Resources, Inc., for a
forgivable loan not to exceed a total of $71,000.00 in HOME Community
Housing Development Organization Program funds; authorize the contract
performance period to begin on the date of contract execution and end twelve
months thereafter; authorize the City Manager to extend or renew the contract
for up to one year, if ARI requests an extension; and authorize the City
Manager to amend the contract, if necessary, to achieve project goals provided
that the amendment is within the scope of the project and in compliance with
applicable laws and regulations.
Council Member Silcox made a motion, seconded by Council Member
Burdette, that Mayor and Council Communication No. C-21678 be approved.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Espino absent.
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SEPTEMBER 12, 2006
PAGE 22 of 28
C-21679 There was presented Mayor and Council Communication No. C-21679 from the
Ord. No. 17155- City Manager recommending that the City Council adopt an appropriation
09-2006 ordinance increasing estimated receipts and appropriations in the Water Capital
Ord. No. 17156- Projects Fund (Retail Water Impact Fee Account) in the amount of
09-2006 $2,648,577.00 from impact fees for the purpose of funding a transfer to the
Holloman Water Capital Projects Fund for execution of a contract with Holloman
Corporation Corporation for the expansion of the Como Pump Station; transfer
$2,648,577.00 from the Water Capital Projects Fund (Retail Water Impact Fee
Account) to the Water Capital Projects Fund; adopt an appropriation ordinance
increasing estimated receipts and appropriations in the Water Capital Projects
Fund in the amount of $2,648,577.00 from available funds for the purpose of
executing a contract with Holloman Corporation for the expansion of the Como
Pump Station; and authorize the City Manager to execute a contract with
Holloman Corporation in the amount of$3,079,741.00 for the expansion of the
Como Pump Station.
Council Member Burdette made a motion, seconded by Council Member Davis,
that Mayor and Council Communication No. C-21679 be approved and
Appropriation Ordinance Nos. 17155-09-2006 and 17156-09-2006 be adopted.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Espino absent.
C-21680 There was presented Mayor and Council Communication No. C-21680 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. 33010 with
33010 -William J. William J. Schultz, Inc., d/b/a Circle "C" Construction Company for
Schultz, Inc., d/b/a construction of the Turtle Creek 16 inch water main extension in the amount of
Circle "C" $120,650.00, thereby increasing the contract amount to $1,440,940.00.
Construction
Company Council Member Burdette made a motion, seconded by Council Member Davis,
that Mayor and Council Communication No. C-21680 be approved. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Espino absent.
C-21681 There was presented Mayor and Council Communication No. C-21681 from the
Texas Department City Manager recommending that the City Council authorize the City Manager
of Transportation to enter into a Landscape Maintenance Agreement with Texas Department of
Transportation for improvements to Camp Bowie West.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 12, 2006
PAGE 23 of 28
Council Member Silcox made a motion, seconded by Council Member Davis,
that Mayor and Council Communication No. C-21681 be approved. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Espino absent.
(Council Member Espino returned to his chair at the dais.)
Agenda Item XVI Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox,
Reconsider Zoning that Zoning Docket No. ZC-06-189: 3600 Wichita Street from "C/DD" Medium
Case No. ZC-06- Density Multi-Family Residential/Demolition Delay to (Tract 1) "PD/SU/DD"
189 Planned Development/Specific Use/Demolition Delay, for all uses in "E"
Neighborhood Commercial; certain uses are excluded as described in Zoning
Exhibit E, with site plan required; (Tracts 2 and 4) "A-5/1313" One-Family
Residential/Demolition Delay; (Tract 3) "PD/SU/DD" Planned Development/
Specific Use/Demolition Delay for all uses in "CF" Community Facilities
(Zoning Exhibit E), and with waiver of site plan recommended, be
reconsidered. The motion carried unanimously nine (9) ayes to zero (0) nays.
Mr. Bob Riley, Development Department Director, stated that last week the
Council approved a zoning change for the Masonic Home property and that
while reviewing and preparing the ordinance for publication, it was noted that
on Tract 2 a 600-foot buffer in the "A-5" area was not provided for the gas well
head. He added that this was a correction and a more restrictive use and wanted
to make sure the record was clear.
Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that
the application of The Grand Lodge of Texas, et al., for a change in zoning of
property located at 3600 Wichita Street from "C/DD" Medium Density Multi-
Family Residential/Demolition Delay to (Tract 1) "PD/SU/DD" Planned
Development/Specific Use/Demolition Delay, for all uses in "E" Neighborhood
Commercial; excluding uses as reflected below, and with site plan required;
(Tracts 2 and 4) "A-5/1313" One-Family Residential/Demolition Delay; (Tract
3) "PD/SU/DD" Planned Development/Specific Use/Demolition Delay for all
uses in "CF" Community Facilities, and with waiver of site plan recommended,
Zoning Docket No. ZC-06-189, be approved.
Tract 1
62.52 Ac. +/- Located at the northwest corner of"North" East Berry Street at
Mitchell Boulevard, along East Berry (due east) to the northwest corner of East
Berry Street, Wichita and Highway 287.
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SEPTEMBER 12, 2006
PAGE 24 of 28
Restricted Uses - The following uses will not be allowed:
• Stealth Telecommunication Tower
• Telecommunications Tower
• Amusement, Outdoor
• Tattoo Parlor
• Taxidermist Shop
• Liquor Package Store
• Sexually Oriented Businesses
• Hotel or Motel
Liquor Sales - The sale of liquor is restricted from all structures with the
exception of(1) restaurants and (2) grocery stores exceeding 20,000 square feet
in size.
Convenience stores may be allowed to sell beer and wine only if the sale of
gasoline is offered at such stores. In addition, no high alcohol content or
fortified wines and/or beverages such as malt liquors or non table wines may be
sold and no smoking paraphernalia specifically including pipes, roach clips and
rolling paper.
Signage - A maximum of two (2) "marquee" pole signs will be allowed, placed
generally at the eastern and western corners of the tract. These "marquee" pole
signs shall not exceed forty-five (45)feet in height.
Project identification signage will be allowed within the overall height of forty-
five (45)feet.
Individual store signage shall be restricted to a maximum height of thirty (30)
feet.
Individual platted lots shall use monument signs only per the City sign
ordinance.
All other requirements of the City sign ordinance shall apply.
Landscaping - All parking areas are to be significantly screened from public
view to include but not be limited to earthen berms, evergreen hedgerows,
evergreen trees or any combination thereof. Average height of screening shall
be thirty (30) inches upon installation. All landscaped areas will be irrigated.
CITY OF FORT WORTH, TEXAS
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SEPTEMBER 12, 2006
PAGE 25 of 28
Square footage - Any structure may be up to but shall not exceed 220,000
square feet.
Hecht -Maximum height may be up to but shall not exceed sixty (60)feet.
Loading Zones - Loading shall be substantially screened from public view
when possible.
Site Plan Required
Tract 2
106.6 Ac. +/- located inside the majority of the 200 +/- acre tract with points of
entry/exit on Mitchell Boulevard and Wichita.
Drill Site Buffer - A portion of the single family residential tract will include a
restricted use buffer area so that an unoccupied open space is established within
six hundred (600)feet of any gas well head.
Waiver of Site Plan requested
Tract 3
19.35 Ac. +/- located on Wichita (this land area maintains the original Masonic
Home School Campus)
Maximum height of any structure may be up to but shall not exceed seventy-
five (75) feet. Tower structures or steeples may exceed this height as per City
ordinance.
Waiver of Site Plan requested
Tract 4
11.47 Ac. +/- located at the southwest corner of Mitchell Boulevard at "South"
East Berry Street
The motion carried unanimously nine (9) ayes to zero (0) nays.
AGENDA ITEM XVIIA — ZONING HEARINGS: CASES RECOMMENDED FOR
APPROVAL
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 12, 2006
PAGE 26 of 28
ZC-06-021 It appeared that the City Council, at its meeting of July 11, 2006, continued the
Continued Until Zoning Hearing of the application of Midway Industrial Trust for a change in
December 12, 2006 zoning of property located in the 12000 block of Trinity Boulevard from "J"
Medium Industrial to (Tract 1) "PD/SU" Planned Development/Specific Use
for "R-2" Townhouse/Cluster Residential, subject to the following, with no
front entry garages, and with waiver of site plan recommended, and (Tract 2)
"E"Neighborhood Commercial, Zoning Docket No. ZC-06-021:
1. Mason : All dwelling structures located along and visible from the
Texas Star Golf Course will have effectively 100 percent rear masonry,
and 90 percent masonry on the ground floor of all structures, excluding
windows, doors and small areas not designed or engineered for
masonry,
2. Egncin a Will be constructed of tubular steel fencing material and
installed along the common property boundary lines contiguous with the
Subject Property and Texas Star Golf Course. Fencing will not be less
than 4-feet in height, and shall be painted black or dark brown in
accordance with customary industry standards,
3. Minimum Sgivare Ftfoot=: Dwelling units in the various structures
(individual pods) will have a minimum size of 1,250 square feet of
living area, excluding garage, porches, and patios, the 1,250 square-feet
units will be limited to a maximum of one such unit per pod, all other
units will have a minimum size of 1,450 square-feet living area,
excluding garages, porches, and patios,
4. Garages: All dwelling units will have two (2) car, front entry garages,
and
5. Maximum Dwelling Units Per Structure: No individual dwelling
units will exceed a maximum of six (6) attached dwelling units.
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 in connection with the
application of Midway Industrial Trust, Council Member Wheatfall made a
motion, seconded by Council Member Espino, that Zoning Docket No. ZC-06-
021 be continued until the December 12, 2006, Council meeting. The motion
carried unanimously nine (9) ayes to zero (0) nays.
There being no one else present desiring to be heard in connection with the
recommended changes and amendments to Zoning Ordinance No. 13896,
Council Member Wheatfall made a motion, seconded by Council Member
Espino, that the hearing be closed and that the following ordinance be adopted:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 12, 2006
PAGE 27 of 28
ORDINANCE NO. 17157-09-2006
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS
AMENDED, SAME BEING AN ORDINANCE REGULATING AND
RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES,
AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES,
THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND
OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES,
OFF-STREET PARKING AND LOADING, AND THE DENSITY OF
POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY
INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT
MAPS'; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN
EFFECTIVE DATE.
The motion carried unanimously nine (9) ayes to zero (0) nays.
Item XVIII Ms. Julia Wooten, 6309 Cahoba Drive, Director of the Lake Worth Alliance,
Citizen appeared before Council and advised the Council on the importance of Lake
Presentations Worth to the City's drinking water supply. She stated that this resource was in
Julie Wooten jeopardy and that the survival of the lake was critical to the community. She
added that given the opportunities presented to the City resulting from
harvesting the natural gas underneath City properties including Lake Worth, the
Alliance asked the Council to take the following action:
• Commit to utilizing the gas related revenues from drilling under and
around Lake Worth for Fort Worth Water Department infrastructure
capital improvements including dredging, stump and dilapidated dock
removal.
• Refuse to allow permitting of drilling sites on any City property around
the lake, with special regard for the 600 acres of historical parkland
south and west of Heron Drive. These minerals can be accessed from
private drill sites.
Council Member Burdette stated that allocation of spending of gas drilling
funds was discussed during the Pre-Council Worksession. He added that he
was encouraged to hear support from Council members for proceeding with the
needed work on Lake Worth. He pointed out that it was important to try and
maximize the gas drilling funds that were recovered from underneath the lake
and from City lands surrounding the lake. He added that whether the
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 12,2006
PAGE 28 of 29
Council Member Burdette stated that allocation of spending of gas drilling
funds was discussed during the Pre-Council Worksession. He added that he
was encouraged to hear support from Council members for proceeding with the
needed work on Lake Worth. He pointed out that it was important to try and
maximize the gas drilling funds that were recovered from underneath the lake
and from City lands surrounding the lake. He added that whether the
maximization of those funds would be harmed or helped by arbitrarily
restricting drilling sites on City property remained to be seen. He stated that in
order to answer those questions the City would need input from drilling
companies that did the geological studies. He cautioned that it would be
premature for the Council to adopt any policy to restrict drilling on City owned
property until there was a better understanding of how the City could achieve
the maximum recovery of the gas underneath and around the lake. He added
that he agreed with the analysis and studies that had been conducted relative to
the value of the lake and what needs to be done, particularly with regard to
dredging to not only enhance the value of the lake for recreation but also as a
water reservoir.
Brandy O'Quinn Ms. Brandy O'Quinn, 6100 Camp Bowie Boulevard, Suite 23, President,
Historic Camp Bowie, Inc., appeared before Council and announced that the 4th
Annual Jazz by the Boulevard would be held September 15-16, 2006 at the
lawn of the Will Rogers Memorial Complex. She stated that it was a free event
and expressed appreciation for the City staff's assistance in conducting the
event. She also stated that events would be held in honor of Jazz great Dewey
Redman who had recently passed. She summarized the events occurring over
the three day event and invited everyone to attend.
Agenda Item XX There being no further business, the meeting was adjourned at 11:43 a.m.
Adjournment
These minutes approved by the Fort Worth City Council on the I9th day of
September, 2006.
Attest: Approve
ILA,J \
yyy Marty H Brix 4Mihae-t?Moncr' f
City Secretary Mayor