HomeMy WebLinkAbout2006/10/31-Minutes-City Council CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 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 10:25 a.m. on Tuesday, October 31, 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 Karl Ogdie, Lakeland Street Baptist
Invocation Church.
Agenda Item III The Pledge of Allegiance was recited.
Pledge
Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member
Approval of Wheatfall, the minutes of the regular meeting of October 24, 2006, were
Minutes approved unanimously nine (9) ayes to zero (0) nays.
Agenda Item V Prior to Congresswoman Kay Granger's presentation, Mayor Moncrief
Special expressed appreciation to Congresswoman Granger for her work on the Wright
Presentations Amendment.
Congresswoman Kay Granger presented a poster of the proposed USS Fort
Worth to the Council. She provided a brief history of the campaign and stated
that Deputy Defense Secretary Gordon England visited her in Washington, D.C.
recently and presented her with posters that his and Secretary of the Navy
Donald Winter's staffs created honoring Fort Worth elementary schools whose
students sent art work depicting what they thought the USS Fort Worth would
look like. She presented the posters, signed by Secretaries England and Winter,
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 2 of 17
to students from Benbrook, Westpark and Mary Louise Phillips Elementary
Schools, their art teachers and school principals. She also presented signed
posters to the Fort Worth Navy League, Fort Worth Rotary, the Fort Worth
Chamber, Fort Worth Civic League, as well as Mayor Moncrief.
Mr. Jay Long, Public Affairs Director, representing the Coca-Cola Bottling
Company of North Texas, presented a 100th Anniversary Commemorative
Bottle six pack to each Council Member. He introduced Ms. Sol Eaton, Coca-
Cola's Fort Worth Area Sales Manager, who provided a history of the company
and emphasized the company's commitment to Fort Worth communities,
children and education.
Agenda Item VI Mayor Moncrief announced that, for the second year in a row, Fort Worth had
Announcements been recognized as the ninth safest major city in the United States. He stated
that this was significant for a number of reasons, not the least of which, that the
City had continued to grow in population. However, he added that this was not
satisfactory and the City would not quit until it had become the safest major
City as it was a goal that the City would continue to strive for. He
congratulated everyone who had made a difference to make people want to
come to Fort Worth to live.
Council Member Espino commended the Fort Worth Police Department for
their response to an incident in District 2 last night which was handled very
professionally. He stated that he was a recipient of a scholarship from the
Coca-Cola Company while he attended Texas Christian University. He
announced that this weekend was NASCAR race weekend at the Texas Motor
Speedway (TMS). He added that the TMS was ten years old and expressed
appreciation to Eddie Gossage for their contributions to the City. He invited
everyone to go out and support the races.
Mayor Pro tem Hicks announced that the Annual District 8 Town Hall would
be held on November 4, 2006, at the Texas Wesleyan Nurses Anesthesia
Building. She added that registration would be conducted at 8:30 a.m. and that
the event would take place between 9:00 a.m. and 12:00 noon where Mayor
Moncrief, the City Manager, and representatives from Code compliance, Police
and Fire Departments, Transportation/Public Works, Economic Development
and Planning and Zoning would be present. She also announced that on
November 11, 2006, in the Council Chamber she and KKDA personality Willis
Johnson would host a mega-mixer to bring together minority contractors with
some of the big contracting happenings that were occurring in the City, e.g.,
Trinity River Vision and Tarrant County College, and encouraged everyone
interested to attend.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 3 of 17
Council Member Silcox referred to Mayor Moncrief s announcement of the
City being the ninth safest major city in the United States and stated that he
would like that information broadcasted. He stated that he had seen a news
broadcast on television that a study was made that stated Fort Worth was the
246 safest City with Dallas being about 338 and that the information was
confusing.
Mayor Moncrief offered that perhaps information in the news had included all
the cities rather than major cities, as there were two categories cited.
Council Member Silcox stated that the information needed to be clarified to
ensure citizens understood the difference.
(Mayor Pro tem Hicks stepped away from the dais.)
Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos.
Withdrawn from G-15472 and P-10478 be withdrawn from the consent agenda.
Consent Agenda
Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No.
Continued/ G-15475 be continued for one week.
Withdrawn By
Staff
Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Council
Consent Agenda Member Espino, the Council voted eight (8) ayes to zero (0) nays, with Mayor
Pro tem Hicks absent, to approve and adopt all remaining items on the Consent
Agenda as recommended and as follows:
OCS-1582 M&C OCS-1582 - 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-15471 M&C G-15471 - Adopting Ordinance No. 17250-10-2006 revising and
Ord. No. 17250- amending Chapter 2, "Administration", Article VIII "Records Management" of
10-2006 the Code of the City of Fort Worth, Texas (1986), as amended, to update
Ord. No. 17251- organizational placement of the City's Records Management Program and
10-2006 reporting chain; and adopting Supplemental Appropriation Ordinance No.
Amend Chapter 2, 17251-10-2006 increasing appropriations in the City Manager's Office General
Article VIII of the Fund budget in the amount of $275,844.00 and decreasing the Finance
City Code Department's General Fund budget by the same amount, for the purpose of
transferring the Records Management Division from the Finance Department to
the City Manager's Office.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 4 of 17
P-10475 M&C P-10475 - Authorizing a purchase agreement with Virtual Surveillance
Installation of LLC, for the purchase and installation of a Digital Surveillance System for the
Digital Fort Worth Independent School District South Hills High School in the amount
Surveillance of$100,000.00 based on best value with payments due 30 days from the date of
System invoice; and authorizing this agreement to begin October 31, 2006, and expire
April 30, 2007, with an option to renew the agreement for one additional one-
year term as defined by the 2007 Community Oriented Policing Services Secure
Our Schools grant.
P-10476 M&C P-10476 - Authorizing a purchase agreement for cast iron manhole
Cast Iron Manhole covers and rings with Ferguson Waterworks for the Water Department based on
Covers and Rings best value with freight included with payment due 30 days after receipt of
invoice; and authorizing this agreement to begin October 31, 2006, and expire
October 30, 2007, with options to renew for two additional one-year periods.
P-10477 M&C P-10477 - Authorizing the purchase of a mobile office from Williams
Mobile Office Scotsman through The Cooperative Purchasing Network for the Water
Department for an amount not to exceed $44,020.00, with payment due 30 days
from invoice date.
P-10479 M&C P-10479 - Adopting Appropriation Ordinance No. 17252-10-2006
Ord. No. 17252- increasing estimated receipts and appropriations in the Water and Sewer Fund
10-2006 in the amount of$42,198.00 from available funds for the purpose of executing a
HVAC Chiller and contract with JCI, Inc., through the Texas Multiple Award Schedule for the
Start Up Services purchase of an HVAC chiller and start up services; and authorizing the
purchase of an HVAC chiller and start up services from Johnson Controls, Inc.,
through the Texas Multiple Award Schedule for the Water Department for an
amount not to exceed $42,198.00, with payment due 30 days from invoice date.
P-10480 M&C P-10480 - Authorizing an increase to the purchase agreement for printer
Printer maintenance with Danka Office Imaging Company for the Print Shop for a cost
Maintenance not to exceed $30,936.08 with payment due 30 days after receipt of invoice.
L-14259 M&C L-14259 - Authorizing the acquisition of three single-family residences
Acquire Property located on the west side of Meacham International Airport, Fort Worth, Texas,
for Meacham from the individual owners as detailed below in conjunction with the Meacham
International International Airport Noise Mitigation Program (DOE 5101);
Airport Noise
Mitigation Name Address Property Description
Program
Jimmy Lee, Robert Lee & 1112 NW 36th St. Lot 5, Block 1,Airport
James Eddie Hill Acres Addition
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 5 of 17
Name Address Property Description
Florinda Ibarra 3511 Chestnut Ave. Lot 16,Block 5,
Airport Acres Addition
Estela Santos 3412 Columbus Ave. Lot 14,Block 4,Worth
Hills Addition
Finding that the prices offered for a total cost of $120,500.00 is just
compensation; and authorizing the acceptance and recording of appropriate
instruments.
C-21801 M&C C-21801 - Authorizing the City Manager to execute a Public Right-of-
Texas Midstream Way Use Agreement with Texas Midstream Gas Services, LLC (Texas
Gas Services, LLC 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.
C-21802 M&C C-21802 - Authorizing the City Manager to execute a Public Right-of-
Energy Transfer Way Use Agreement with Energy Transfer Fuel, LP (Energy Transfer), that
Fuel, LP grants Energy Transfer 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.
C-21803 M&C C-21803 - Authorizing the City Manager to execute a contract with the
Women's Center Women's Center of Tarrant County at a cost of $75,000.00 to provide rape
of Tarrant County crisis services.
C-21804 M&C C-21804 - Authorizing the City Manager to enter into a non-exclusive
Keller lease agreement with Keller Independent School District for the installation of
Independent water and sewer mains, storm sewer and roadway improvements in Alta Vista
School District Road.
C-21805 M&C C-21805 - Authorizing the City Manager to execute an agreement with
PNL Fort Worth, PNL Fort Worth, L.P., to outline ownership and responsibilities for the
L.P. improvements and streets adjacent to the City Place (formerly known as the
Tandy Center)located at 100 Throckmorton.
C-21806 M&C C-21806 - Authorizing the City Manager to execute agreements with
Tarrant County Tarrant County College District, and Tarrant Regional Water District for
College District & participation in Tax Increment Reinvestment Zone No. Eight, City of Fort
Tarrant Regional Worth, Texas (Lancaster Corridor TIF).
Water District
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 6 of 17
C-21807 M&C C-21807 - Authorizing the execution of a developer agreement with
Trinity Bluff Trinity Bluff Development, Ltd., for the Trinity Bluff Streetscape Sustainable
Development, Ltd. Development Project.
C-21808 M&C C-21808 - Approving the acceptance of a lease agreement for natural gas
XTO Energy, Inc. drilling under 127.38 acres more or less of City-owned properties located in
Tarrant County known as the Oakmont and Clear Fork Parks to XTO Energy,
Inc., for a two-year term.
C-21809 M&C C-21809 - Authorizing the City Manager to execute an engineering
Freese and agreement with Freese and Nichols, Inc., in the amount of $137,083.00 for
Nichols, Inc. Magnolia Urban Village Pedestrian and Streetscape Project.
C-21810 M&C C-21810 - Authorizing the City Manager to execute an amendment to
Ord. No. 17253- City Secretary Contract No. 32622 with the Texas Department of State Health
10-2006 Services (DSHS) to be used for public health preparedness and bioterrorism
Amend CSC No. response to extend grant period through August 31, 2007, and increase grant
32622 - Texas funding by $628,693.00; adopting Appropriation Ordinance No. 17253-10-
Department of 2006 increasing estimated receipts and appropriations in the Grants Fund in the
State Health amount of $628,693.00, subject to receipt of the Public Health Preparedness
Services and Bioterrorism Response Grant from the Texas Department of State Health
Services, for the purpose of funding public health preparedness and
bioterrorism response; and improving an indirect cost rate of 10 percent of
salaries plus fringe benefits, as approved by DSHS.
C-21811 M&C C-21811 - Authorizing the City Manager to accept a grant and execute a
Ord. No. 17254- contract with the Texas Department of Housing and Community Affairs in an
10-2006 amount not to exceed $3,000,000.00 for the Fiscal Year 2007 Comprehensive
Texas Department Emergency Assistance Program; authorizing a non-interest bearing interfund
of Housing and loan from the General Fund to the Grants Fund in the amount of $320,000.00
Community for interim financing of this grant project pending contract execution; adopting
Affairs Appropriation Ordinance No. 17254-10-2006 increasing estimated receipts and
appropriations in the Grants Fund in the amount of $3,000,000.00 subject to
execution of the contract with the Texas Department of Housing and
Community Affairs for the purpose of funding an increase to the
Comprehensive Energy Assistance Program; and applying indirect costs at a
rate of 19.18 percent, which is the most recently approved rate for this
department, and apply the new, approved rate when available.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 7 of 17
C-21812 M&C C-21812 - Authorizing the City Manager to accept a grant and execute an
Ord. No. 17255- extension of contract with the Texas Department of Housing and Community
10-2006 Affairs in an amount not to exceed $1,200,000.00 for the Fiscal Year 2007
Texas Department Community Services Block Grant Program; authorizing a non-interest bearing
of Housing and interfund loan from the General Fund to the Grants Fund in the amount of
Community $300,000.00 for interim financing of this grant project pending contract
Affairs execution; adopting Appropriation Ordinance No. 17255-10-2006 increasing
estimated receipts and appropriations in the Grants Fund in the amount of
$1,200,000.00, subject to receipt of the grant from the Texas Department of
Housing and Community Affairs, for the purpose of funding the Community
Services Block Grant Program; and applying indirect costs at a rate of 19.18
percent, which represents the most recently approved rate for this department,
and apply the new approved rate when available.
C-21813 M&C C-21813 - Authorizing the City Manager to apply for and accept, if
Ord. No. 17256- awarded, a grant from the Texas Health and Human Services Commission
10-2006 (HHSC) requesting up to $75,000.00 from the Year 2007 Child and Adult Care
Texas Health and Nutrition Program (CACNP) for At Risk After School Program funds;
Human Services authorizing the execution of a contract with HHSC for the CACNP for At Risk
Commission After School Programs for the period October 1, 2006, through September 30,
2007, upon receipt of the grant; adopting Appropriation Ordinance No. 17256-
10-2006 increasing estimated receipts and appropriations in the Grants Fund in
the amount of $75,000.00 subject to receipt of the Child and Adult Care
Nutrition Program Grant from the Texas Health and Human Services
Commission, for the purpose of funding an At-Risk After-School Program; and
authorizing the City Manager to waive the indirect costs, which are not allowed
by this grant and are addressed by other grants that provide for staff salaries.
C-21814 M&C C-21814 - Authorizing the City Manager to accept funds in the amount
Ord. No. 17257- of $22,800.00 from Tarrant County for Fiscal Year 2006-2007 for two
10-2006 Community Action Partners (CAP) Centers beginning October 1, 2006, and
Tarrant County, expiring September 30, 2007; authorizing the City Manager to execute a lease
Bethlehem Baptist agreement with the Bethlehem Baptist Church for the Far Southeast CAP in an
Church and amount not to exceed $650.00 per month and Richard Hartman for the Far
Richard Hartman Northwest CAP in an amount not to exceed $828.00 per month. Each
agreement is to begin October 1, 2006, and expire September 30, 2007;
authorizing a non-interest bearing, inter-fund loan from the General Fund to the
Grants Fund in the amount of $5,700.00 for interim financing of this grant
project, pending contract execution; and adopting Appropriation Ordinance No.
17257-10-2006 increasing estimated receipts and appropriations in the Grants
Fund in the amount of $22,800.00 from available funds for the purpose of
funding two Community Action Partners Centers.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 8 of 17
The motion carried. End of Consent Agenda.
Agenda Item X There were no changes presented by the City Council in memberships in the
Presentations by City's boards and commissions.
City Council
Agenda Item XI There were no presentations or communications from boards, commissions
Committee and/or City Council Committees.
Presentations
AGENDA ITEM XIII—REPORT OF THE CITY MANAGER
G-15472 There was presented Mayor and Council Communication No. G-15472 from
Temporary the City Manager recommending that the City Council authorize the temporary
Closure of Portion closure of a portion of Main Street between 3rd Street and 4th Street from
of Main Street for November 13, 2006, until January 5, 2007, for Downtown Fort Worth
Annual Christmas Initiatives, Inc., and Texas Motor Speedway Children's Charities Annual
Tree Display Christmas Tree display.
City Manager Boswell stated that the Subject, Recommendation and Discussion
sections of the M&C needed to be amended to delete "Texas Motor Speedway
Children's Charities" and insert "Sundance Square Management".
Council Member Davis expressed appreciation to Texas Motor Speedway
Children's Charities for the many years they had sponsored the Annual
Christmas Tree display in the Central Business District.
Council Member Silcox made a motion, seconded by Council Member Scarth,
that Mayor and Council Communication No. G-15472 be approved as
amended. The motion carried unanimously eight(8) ayes to zero (0) nays, with
Mayor Pro tem Hicks absent.
G-15473 There was presented Mayor and Council Communication No. G-15473 from
Adopt Bylaws and the City Manager recommending that the City Council adopt the Bylaws and
Charter of Audit Charter of the Audit and Finance Advisory Committee.
and Finance
Advisory Council Member Jordan made a motion, seconded by Council Member Davis,
Committee that Mayor and Council Communication No. G-15473 be approved. The
motion carried unanimously eight(8) ayes to zero (0) nays, with Mayor Pro tem
Hicks absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 9 of 17
G-15474 There was presented Mayor and Council Communication No. G-15474 from
Ord. No. 17258- the City Manager recommending that the City Council adopt an ordinance by
10-2006 the City Council of the City of Fort Worth, approving Resolution No. 2006-09-
Approve D/FW 313 of the Dallas/Fort Worth International Airport Board, to amend Section 1-4
International of Chapter 5 and Section 1 of Chapter 8 of the Code of Rules and Regulations
Airport Board of the Dallas/Fort Worth International Airport Board, as amended; to amend
Res. No. 2006-09- Chapter 5 to delete all references to parking company; to amend Chapter 8 to
313 Amending prohibit parking companies, off-airport parking companies and off-airport valet
Chapters 5 & 8 of companies from operating without a permit; providing for a fine not to exceed
Code of Rules and two thousand ($2,000.00) dollars per day for any violation thereof.
Regulations
William Cothrum Mr. William Cothrum, 900 Jackson Street, Suite 640, Dallas, Texas,
representing the Parking Spot, appeared before Council in opposition of the
proposed fees. He stated that his client was neither given sufficient notice
about the informational meeting nor provided adequate information in advance
of the meeting. He brought attention to alleged flaws in the Leigh Fisher
Associates report and added that the eight percent privilege fee would be passed
on to the traveling public. He completed his presentation by stating that the trip
charge was the fairest method of charging for the use of the airport roads and
that the percentage fee was not comparable with most other top 40 airports. He
requested the ordinance not be approved and that more time be given to
meaningful discussions between the D/FW Airport Board and affected parties.
Council Member Burdette made a motion, seconded by Council Member
Jordan, that Mayor and Council Communication No. G-15474 be approved and
Ordinance No. 17258-10-2006 be adopted. The motion carried unanimously
eight(8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent.
G-15475 It was the consensus of the City Council that Mayor and Council
Continued for One Communication No. G-15475, Authorize Transfer of Funds to the Grant Fund
Week for the Business Assistance Center of the Economic & Community
Development Department and Adopt Appropriation Ordinance, be continued
for one week to the November 7, 2006, Council meeting.
(Mayor Pro tem Hicks returned to her chair at the dais.)
P-10478 There was presented Mayor and Council Communication No. P-10478 from the
Management City Manager recommending that the City Council authorize the execution of a
Training Program professional services agreement and increase to an existing purchase order with
International Ford Group, LLC, for a management training program for the
Transportation/Public Works Department for a total purchase order not to
exceed $39,300.00.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 10 of 17
Council Member Scarth requested Council's consideration to abstain from
voting on this issue.
Council Member Davis made a motion, seconded by Council Member Silcox,
that Council Member Scarth be allowed to abstain from voting on Mayor and
Council Communication No. P-10478. The motion carried unanimously nine
(9) ayes to zero nays.
Council Member Burdette made a motion, seconded by Council Member Davis,
that Mayor and Council Communication No. P-10478 be approved. The
motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Scarth abstaining.
L-14260 There was presented Mayor and Council Communication No. L-14260 from the
Acquire Property City Manager recommending that the City Council authorize the payment of
for Right-of-Way $351,418.00 to Edward M. Runyon to acquire real property for right-of-way of
for Southwest the Southwest Parkway (S.H. 121) located in the Vickery Corridor and
Parkway (SH 121) estimated closing costs of $3,034.00; and authorize the appropriate City
representatives to execute the documents necessary to complete the purchase
located at 4125-4127 West Vickery Boulevard, Fort Worth, Texas 76107,
Parcel 70, described as 0.279 acres, more or less, being a remainder of Lots 28
and 28, Block 4, Factory Place Addition, and a portion of the north half of a
vacated 16-foot alley.
City Manager Boswell stated that the second paragraph of the Recommendation
Section of the M&C needed to be amended to correct "...Lots 28 and 28..." to
"...Lots 27 and 28...".
Council Member Davis made a motion, seconded by Council Member Silcox,
that Mayor and Council Communication No. L-14260 be approved as amended.
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-14261 authorize conversion of parkland at Cobb Park for the purpose of subsurface
Convert Cobb drilling and extraction of natural gas. Mayor Moncrief opened the public
Park for hearing and asked if there was anyone present desiring to be heard.
Subsurface
Drilling and Mr. Harold Pitchford, Acting Assistant Director, Parks and Community
Extraction of Services Department, appeared before Council, gave a staff report and called
Natural Gas attention to Mayor and Council Communication No. L-14261, as follows:
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 11 of 17
There was presented Mayor and Council Communication No. L-14261 from the
City Manager recommending that the City Council conduct a public hearing
under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreation Lands; find that no feasible or
prudent alternative exists to drilling and extracting gas from underneath this
park site; find that the proposed conversion includes all reasonable planning to
minimize harm to the parkland; and close the public hearing and authorize the
City Manager to convert the dedicated parkland for subsurface drilling and the
extraction of natural gas from approximately 222.152 acres of parkland situated
in Cobb Park, located in portions of land situated in the John Davis Survey,
Tarrant County, Texas.
Mayor Pro tem Hicks posed questions to staff relative to off-site drilling
location, amount of the 222 acres to be drilled and retention of mineral rights,
and an approximate bonus amount that would go back into improvements for
Cobb Park.
Mr. Pitchford responded by stating that the drilling location was contingent on
the successful bidder. He added that approximately 15 acres was retained by
the family for mineral rights and that between $2,000,000.00 to $2,500,000.00
was the lease bonus anticipated for Cobb Park
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
Silcox, that the public hearing be closed and Mayor and Council
Communication No. L-14261 be approved. The motion carried unanimously
nine (9) ayes to zero (0) nays.
Public Hearing It appeared that the City Council set today and the date for a public hearing to
L-14262 authorize conversion of parkland at Riverside Park for the purpose of
Continued for One subsurface drilling and extraction of natural gas. Mayor Moncrief opened the
Week public hearing and asked if there was anyone present desiring to be heard.
Mr. Harold Pitchford, Acting Assistant Director, Parks and Community
Services Department, appeared before Council, gave a staff report and called
attention to Mayor and Council Communication No. L-14262, as follows:
There was presented Mayor and Council Communication No. L-14262 from the
City Manager recommending that the City Council conduct a public hearing
under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreation Lands; find that no feasible or
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 12 of 17
prudent alternative exists to drilling and extracting gas from underneath this
park site; find that the proposed conversion includes all reasonable planning to
minimize harm to the parkland; and close the public hearing and authorize the
City Manager to convert the dedicated parkland for subsurface drilling and the
extraction of natural gas from approximately 30.8 acres of parkland situated in
Riverside Park, located in portions of land situated in the John Davis Survey,
Tarrant County, Texas.
Council Member Espino stated that he did not see a notice sent to the Riverside
Alliance community and inquired what the expected lease bonus for 30 acres
was.
Mr. Pitchford stated based on the M&C, the lease bonus would be
approximately $300,000.00.
There being no one present desiring to be heard in connection with the public
hearing, Council Member Espino made a motion, seconded by Council Member
Davis, that Mayor and Council Communication No. L-14262 be continued for
one week to the November 7, 2006, Council meeting. The motion carried
unanimously nine (9) ayes to zero (0) nays.
(Council Member Davis stepped away from the dais.)
PZ-2699 There was presented Mayor and Council Communication No. PZ-2699 from the
Establish City Manager recommending that the City Council approve the annexation
Timetable for timetable in order to annex approximately 184.39 acres of land, or .288 square
Voluntary Full miles, more or less, located north of Boat Club Road and west of Harbour View
Purpose Lane (AX-06-009 La Fronteria), for full purposes in compliance with the
Annexation requirements of Chapter 43 of the Local Government Code of the State of
(AX-06-009 Texas; and direct staff to prepare a service plan that provides for the extension
La Fronteria) of full municipal services to the annexation area.
Council Member Burdette made a motion, seconded by Council Member
Silcox, that Mayor and Council Communication No. PZ-2699 be approved.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Davis absent.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 13 of 17
PZ-2700 There was presented Mayor and Council Communication No. PZ-2700 from the
Establish City Manager recommending that the City Council approve the annexation
Timetable for timetable in order to annex approximately 5.2 acres of land, or 0.008 square
City-Initiated Full miles, more or less, of the Boat Club Road right-of-way located west of
Purpose Harbour View Lane (AX-06-010 Boat Club Road, FM 1220), for full purposes
Annexation in compliance with the requirements of Chapter 43 of the Local Government
(AX-06-010 Boat Code of the State of Texas; and direct staff to prepare a service plan that
Club Road, FM provides for the extension of full municipal services to the annexation area.
1120)
Council Member Burdette made a motion, seconded by Council Member
Espino, that Mayor and Council Communication No. PZ-2700 be approved.
The motion carried unanimously eight (8) ayes to zero (0) nays, with Council
Member Davis absent.
(Council Member Davis returned to her chair at the dais.)
C-21797 There was presented Mayor and Council Communication No. C-21797, dated
Continued for One October 24, 2006, from the City Manager recommending that the City Council
Week adopt an appropriation ordinance increasing estimated receipts and
appropriations in the Future Improvements Projects of the Special Assessments
Fund in the amount of $148,000.00 from prior developer contributions for the
purpose of funding a transfer to the Street Improvements Fund to execute a
Community Facilities Agreement with Golden Triangle Retail Partners,
Limited, for the installation of a portion of North Beach Street between Golden
Triangle Boulevard and Heritage Trace Parkway; authorize the transfer of
$148,400.00 from the Special Assessments Fund to the Streets Improvement
Fund; adopt an appropriation ordinance increasing estimated receipts and
appropriations in the Street Improvements Fund in the amount of $148,000.00
from a transfer from the Future Improvements Projects of the Special
Assessments Fund for the purpose of executing a Community Facilities
Agreement with Golden Triangle Retail Partners, Limited, for the installation of
a portion of North Beach Street between Golden Triangle Boulevard and
Heritage Trace Parkway; and authorize the City Manager to execute a
Community Facilities Agreement with Golden Triangle Retail Partners,
Limited, in the amount of$188,400.00 for the installation of a portion of North
Beach Street between Golden Triangle Boulevard and Heritage Trace Parkway.
Doug Walker Mr. Doug Walker, 9900 N. Beach Street, Keller, Texas, Pastor of the
Fellowship of the Parks, appeared before Council in opposition of this issue.
He stated that he was for the road but against the proposal because the contract
neglected a drive connection from the church property to the proposed road.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 14 of 17
He added they, in good faith, based on an agreement with Hugo Malanga,
former Transportation/Public Works Director, had paved their portion up to the
roadway once the City did their part. He stated that the agreement was an
amiable gentleman's agreement that Mr. Malanga addressed to their attorney
Jim Schell and it stated that the church was exempt from all CFA requirements
for the road. He provided further information on the agreement and stated that
he was very disappointed with the process.
Council Member Espino stated that Pastor Walker had been very clear on the
church's position. He added that the road was critical as it connected Heritage
Trace Parkway to Golden Triangle. He asked for staff to respond to this issue.
Mr. Robert Goode, Transportation/Public Works Director, stated that the key
thing that had changed since Mr. Malanga's offer to build a driveway apron and
curb cut, was that at that point the City was building a four-lane divided
roadway so the pavement contiguous to the church's property was being
constructed. He added the City was now building two lanes opposite of the
church's property and the driveway really was a driveway, not just a curb cut
and apron, but a driveway across the City's right-of-way to the two lanes that
would be constructed. He further stated that this was no longer a $3,000.00
improvement, but a $20,000.00 to $25,000.00 improvement.
Council Member Espino made a motion, seconded by Mayor Pro tem Hicks,
that Mayor and Council Communication No. C-21787 be continued for one
week to the November 7, 2006, Council meeting to allow the staff to meet with
Pastor Walker to resolve this issue. The motion carried unanimously nine (9)
ayes to zero (0) nays.
Mayor Moncrief requested that staff provide a diagram of the area for the
Council to review at the November 7, 2006, Council meeting.
Item XIV Mr. Joe Don Brandon, 1415 E. Lancaster, appeared before Council relative to
Citizen the alleged mistreatment of the homeless community at certain locations in the
Presentations City and the City's association with Flora Brewer.
Joe Don Brandon
Johnny Lewis Mr. Johnny Lewis, 953 E. Terrell, representing the Near Southeast
Neighborhood Association, advised the Council of problems his organization
was having with Dale Resources relative to gas well contracts. He stated that
the company set up an office in their area and arranged meetings at the
community center to have members of the community sign contracts. He
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 15 of 17
explained that Dale Resources, L.L.C., attended a community meeting where
the community requested they meet with them again on December 11, 2006, to
allow the community time to find an attorney to educate people in the
community on their rights. He added that he had returned home from working
in the community recently and found a flyer on his door reflecting that Dale
Resources had set up a series of five meetings in November to meet with the
community, ignoring the community's December 11, 2006, request. He further
stated that the issue was a matter of respect for the community and asked the
Council to ask Dale Resources, L.L.C., to work with the community and not
ignore the community's interest.
Mayor Pro tem Hicks stated that the Council worked on the issue of drilling on
a daily basis and Council was extremely concerned to ensure that no one was
taken advantage as it related to the gas drilling leases. She added there were
numerous resources within the City that would be happy to provide education
to the community.
Council Member Wheatfall expressed concern with a private enterprise using
public facilities for negotiating the signing of contracts and asked if the City
allowed that use.
City Attorney Yett stated that community centers rent facilities on a non-
discriminatory basis to private interests all the time and as long as they paid the
rent for the use the City really did not get into the content of the meeting.
Council Member Davis advised the Council that she had a neighborhood
meeting a few weeks ago and rescheduled another meeting to try and bring
information back to the community. She stated the energy company was fully
aware of this fact and in the meantime, a number of company representatives
knocked on people's doors in the neighborhood and told them if they did not
sign the contract at that time, they would not be able to sign it. She added that
the company representative knew that another meeting was scheduled that
would empower people with information that probably would result in them
asking for more than they were originally offered. She stressed that some of the
companies came in and conducted themselves in a way as trying to take
advantage of ignorance and powerlessness in the people. She further stated that
the City was trying hard to empower its citizens and that something needed to
be done.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31, 2006
PAGE 16 of 17
Council Member Espino stated that a lot of these companies had community
relations representatives and that with Dale Resources, L.L.C., the contact was
David Buchanan and he advised Mr. Lewis he would provide him with Mr.
Buchanan's telephone number. He referred to a discussion during the October
24, 2006, Pre-Council Work Session relative to working with local Bar
Associations and added that City Attorney Yett was compiling a list of
attorneys that would be available to represent citizens in Fort Worth to deal
with Barnett Shale gas drilling issues.
Council Member Burdette advised Mr. Lewis that Mr. Buchanan would be very
receptive to hearing from him. He suggested Mr. Lewis let Mr. Buchanan
know what the community was experiencing and hopefully that would smooth
out the relationship.
Mayor Moncrief stated that he would set up a meeting with all the principle
players in this area that were trying to lease and ask them to assist the City with
rules of engagement that everyone could agree upon and whereby
neighborhoods were given a chance to acquire the expertise they needed to base
a decision on whether to sign a lease or not. He added that he could not
guarantee this would result in a way that everyone would hope, but that he felt
confident the companies would meet with him.
Council Member Wheatfall stated that information was power and that private
enterprise was going to work for the sake of private enterprise and they would
do whatever they particularly felt was within their legal and ethical morale
bounds to maximize their interests. He added that to combat private enterprise
there was community enterprise and he encouraged Mr. Lewis to take the
information he had, coupled with the information database the City would
provide, and set up an information table to disseminate to citizens attending
community meetings.
Mayor Pro tem Hicks referred Mr. Lewis to Assistant City Attorney Sarah
Fullenwider and stated that it would be good to get together and discuss options
relative to this issue.
Joe Waller Mr. Joe Waller, 2533 Castle Circle, appeared before Council and stated that he
was very impressed with the Council's Pre-Council Worksession discussion
relative to the Barnett Shale. He added that it was thorough, respectful of the
City's and people's needs, and circumspect with respect to long term concerns
and policies.
CITY OF FORT WORTH, TEXAS
REGULAR CITY COUNCIL MEETING
OCTOBER 31,2006
PAGE 17 of 17
Agenda Item XV It was the consensus of the City Council that they recess into Executive Session
Executive Session at 11:46 a.m. to:
1. Seek the advice of its attorneys concerning the following pending or
contemplated litigation or other matters that are exempt from public
disclosure under Article X, Section 9 of the Texas State Bar Rules as
authorized by Section 551.071 of the Texas Government Code:
a) Legal issues concerning nuisance abatement;
b) 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 regular session at 12:10 p.m.
Agenda Item XVI There being no further business, the meeting was adjourned at 12:10 p.m.
Adjournment
These minutes approved by the Fort Worth City Council on the 7,' day of
November, 2006.
Attest: Approved:
O�A
Marty H ndrix Michael J. Moncrief
City Secretary Mayor