HomeMy WebLinkAbout2004/08/31-Minutes-City Council CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
Date & Time On the 31St day of August, A.D., 2004, the City Council of the City of
Fort Worth, Texas, met in regular session at 10:14 a.m. in the City
Council Chamber, 1000 Throckmorton, with the following members
and officers present:
Attendance Mayor Mike Moncrief; Council Members Jim Lane, Chuck Silcox,
Becky Haskin, Donavan Wheatfall, Clyde Picht, John Stevenson,
and Wendy Davis; Interim City Manager Charles Boswell; City
Attorney David Yett; City Secretary Marty Hendrix. Mayor Pro
tempore Ralph McCloud was temporarily absent. With more than a
quorum present, the following business was transacted:
Invocation The invocation was given by Dr. Michael Dean, Travis Avenue
Baptist Church.
Pledge The Pledge of Allegiance was recited.
Minutes On motion of Council Member Davis, seconded by Council Member
Silcox, the minutes of the regular meeting of August 24, 2004, were
approved unanimously.
Special Mayor Moncrief introduced Ms. Amy Capps, Honorary Mayor of a
Presentations Day. He stated that Ms. Capps received the winning bid for Mayor
of the Day at the City Party Gras and welcomed her to City Hall.
Ms. Brandy O'Quinn, representing Historic Camp Bowie, Inc.,
invited the Council to the Second Annual Jazz By the Boulevard,
September 17 and 18, 2004, on the lawns of the Kimball Art
Museum and the Will Rogers Memorial Complex.
Announcements Council Member Wheatfall invited everyone to attend the Cowboys
of Color Exhibit reception this evening at 5:30 p.m. in the north
lobby of City Hall. He added that the curator of the exhibit would
speak on the exhibit and refreshments would be served.
Council Member Davis announced that in conjunction with the
Crime Control and Prevention District (CCPD) election to be held
February 5, 2004, District 5 would hold a meeting to receive citizen
input, September 9, 2004 at 7:00 p.m. in the Lily B. Clayton
Elementary School Auditorium at 2000 Park Place Avenue.
Council Member Silcox stated the following meetings would also
be held relative to the CCPD election:
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FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 2 of 23
a. District 7: September 9, 2004 at 7:00 p.m., Boswell High
School, Anderson Building, Lecture Hall (Room A116), 5805
West Bailey Boswell Road
b. Districts 2 & 4: September 13, 2004 at 7:00 p.m., North Fort
Worth Baptist Church Gymnasium, 5801 North IH-35 West
Council Member Wheatfall invited everyone to attend the Cowboys
of Color Rodeo this weekend at the Will Rogers Memorial Complex,
with shows at 2:00 p.m. and 8:00 p.m.
Withdrawn from Interim City Manager Boswell requested that Mayor and Council
Consent Agenda Communication No. G-14474 be withdrawn from the consent
agenda.
Continued/ Interim City Manager Boswell requested that Mayor and Council
Withdrawn By Communication Nos. L-13887 and C-20226 be withdrawn.
Staff
Consent Agenda On motion of Council Member Silcox, seconded by Council
Member Stevenson, the consent agenda, as amended, was adopted
unanimously.
Appointments Council Member Wheatfall made a motion, seconded by Council
Member Davis, to appoint Mr. Harold Hamilton to the Aviation
Advisory Board effective August 31, 2004 and with a term expiring
October 1, 2005. The motion carried unanimously.
OCS-1436 There was presented Mayor and Council Communication No. OCS-
Claims 1436 from the Office of the City Secretary recommending that the
City Council refer notices of claims regarding alleged damages
and/or injuries to the Finance/Risk Management Department. It
was the consensus of the City Council that the recommendation be
adopted.
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FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 3 of 23
G-14474 There was presented Mayor and Council Communication No. G-
Res. #3116 14474 from the City Manager recommending that the City Council:
Ord. #16096
Grant from 1. Authorize the City Manager to apply for and execute, if
Texas awarded, a grant agreement for the development of an
Department of executive terminal building and parking lot at Fort Worth
Transportation Spinks Airport from Texas Department of Transportation
Aviation (TxDOT) in the amount $800,000.00, of which $400,000.00
Division for will be funded by TxDOT and the remaining will be the City's
Development of match;
Executive
Terminal 2. Authorize the acceptance of $400,000.00 from Haydn Cutler
Building and to be deposited in the Airport Grants Fund for the City's 50
Parking Lot percent match; and
3. Adopt Appropriation Ordinance No. 16096 increasing
estimated receipts and appropriations in the Airport Grants
Fund in the amount of $800,000.00 subject to receipts of the
grant from the Texas Department of Transportation, Aviation
Division for the purpose of funding the design and
development of an executive terminal building and parking
lot at Spinks Airport.
Interim City Manager Boswell stated that the Recommendation
section of the M&C needed to be amended to include the following
paragraph:
4. Adopt Resolution No. 3116 certifying that the City of Fort
Worth has $400,000.00 available for its 50 percent match for
the cost of construction of an executive terminal and
parking lot at Fort Worth Spinks Airport.
Council Member Davis made a motion, seconded by Council
Member Silcox, that Mayor and Council Communication No. G-
14474 be adopted as amended. The motion carried unanimously.
G-14475 There was presented Mayor and Council Communication No. G-
Water and Sewer 14475 from the City Manager recommending that the City Council
Services to authorize the provision of water and sewer services be provided to
11855 Alta Vista 11855 Alta Vista Road located in Tarrant County, outside of the
Road Fort Worth City limits. It was the consensus of the City Council
that the recommendation be adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 4 of 23
G-14476 There was presented Mayor and Council Communication No. G-
Ord. #16097 14476 from the City Manager recommending that the City Council
Donations to accept donations in the amount of $1,500.00 from Hispanic
Fort Worth Women's Network, $500.00 from Lena Pope Home, Inc., and
Commission for $500.00 from Bank of America for "Outstanding Women of Fort
Women Projects Worth Awards Celebration and Dinner"; accept proceeds from
ticket sales in the amount of $1,785.00 for the "Outstanding
Women of Fort Worth Awards Celebration and Dinner" event held
March 16, 2004; and adopt Appropriation Ordinance No. 16097
increasing estimated receipts and appropriations in the Special
Trust Fund in the amount of $4,285.00 from available funds for the
purpose of funding activities of the Fort Worth Commission for
Women. Council Member Stevenson made a motion, seconded by
Council Member Silcox, that the recommendation be adopted with
appreciation. The motion carried unanimously.
G-14477 There was presented Mayor and Council Communication No. G-
Ord. #16098 14477 from the City Manager recommending that the City Council
Establish 2004 adopt Ordinance No. 16098 adopting the 2004 Master Thoroughfare
Master Plan update replacing the existing 2002 Master Thoroughfare Plan,
Thoroughfare and incorporating the current street development standards.
Plan and Street Council Member Davis made a motion, seconded by Council
Development Member Silcox, that the recommendation be adopted. The motion
Standards carried unanimously.
Update
G-14478 There was presented Mayor and Council Communication No. G-
Ord. #16099 14478 from the City Manager recommending that the City Council:
Ord. #16100
Fiscal Year 1. Authorize the City Manager to apply for and accept, if
2004-2005 awarded, four grants from the Governor's Office, Criminal
Criminal Justice Justice Division (CJD), in the amount of $277,500.00;
Grant Proposals 2. Authorize the City Manager to designate Assistant City
Manager Joe Paniagua as the authorized official to accept,
reject, or alter the grants, if awarded;
3. Provide assurance that funds will be returned to the
Criminal Justice Division in full in the event of loss or
misuse of CJD grant funds;
4. Adopt Appropriation Ordinance No. 16099 increasing
appropriations in the Federal Awarded Grants Fund in the
amount of $70,468.00 from available funds for the purpose
of funding city's match for four grants from the Governor's
Office, Criminal Justice Division;
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 5 of 23
5. Authorize the transfer of $70,468.00 from the Federal
Awarded Assets for the City's match;
6. Adopt Appropriation Ordinance No. 16100 increasing
appropriations in the Grants Fund in the amount of
$347,968.00 from available funds for the purpose of funding
grant projects in the Police Department; and
7. Authorize the City Manager to waive indirect costs in the
amount of $44,126.00.
Council Member Davis made a motion, seconded by Council
Member Silcox, that the recommendation be adopted. The motion
carried unanimously.
G-14479 There was presented Mayor and Council Communication No. G-
Ord. #16101 14479 from the City Manager recommending that the City Council
Accept authorize the City Manager to apply for and accept a tobacco
Statewide education and prevention grant from the Texas Comptroller of
Tobacco Public Accounts in the amount of $18,000.00; and adopt
Education and Appropriation Ordinance No. 16101 increasing estimated receipts
Prevention and appropriations in the Grants Fund in the amount of $18,000.00
Grant subject to receipt of the Tobacco Education and Prevention Grant
from the Texas Comptroller of Public Accounts for the purpose of
funding the Police Department's Tobacco Education and
Prevention Program. Council Member Davis made a motion,
seconded by Council Member Stevenson, that the recommendation
be adopted with appreciation. The motion carried unanimously.
G-14480 There was presented Mayor and Council Communication No. G-
Ord. #16102 14480 from the City Manager recommending that the City Council
Amend Chapter approve Ordinance No. 16102 amending Chapter 6 of the Code of
6, "Animals and City of Fort Worth, "Animals and Fowl", Section 6-15, requiring
Fowl" microchip identification for dangerous animals; Section 6-20.6 and
Section 6-20.7, requiring microchip identification for dangerous
dogs; Section 6-22, requiring registration for certain prohibited
animals; Section 6-44, requiring microchip identification for
impounded and quarantined animals; providing for a fee of up to
$2,000.00 for each offense on violation of this ordinance; and
approve the fee schedule. Council Member Wheatfall made a
motion, seconded by Council Member Lane, that the
recommendation be adopted. The motion carried unanimously.
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FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 6 of 23
Public Hearing It appeared that the City Council set today as the date for a public
hearing for Fort Worth Public Improvement District No. 6 (Park
Glen), Adopt a Budget and Service Plan, Authorize a Contract with
Premier Communities to Provide Management Services for the
District, Adopt an Ordinance Appropriating Certain Funds for the
District, Adopt a Proposed Assessment Roll and Set a Benefit
Hearing Date for Fiscal Year 2004-2005. Mayor Moncrief asked if
there was anyone present desiring to be heard.
Ms. Ruby Coleman, representing the Finance Department,
appeared before Council, gave a staff report, and called attention
to Mayor and Council Communication No. G-14481 as follows:
G-14481 There was presented Mayor and Council Communication No. G-
Ord. #16103 14481 from the City Manager recommending that the City Council:
Fort Worth
Public 1. Hold a public hearing concerning the plan of services and
Improvement budget for FY 2004-2005;
District #6 (Park
Glen), Adopt 2. Adjourn such public hearing;
Budget and
Service Plan, 3. Approve the service plan and budget for FY 2004-2005 as
Authorize recommended by the Advisory Body of PID No. 6;
Contract with
Premier 4. Authorize the transfer of $37,516.00 from the General Fund
Communities, to the Special Assessment District Fund, PID No. 6, FY 2004-
Adopt 2005 project account contingent upon the adoption of the
Assessment Roll FY 2004-2005 proposed budget;
and Set Benefit
Hearing Date for 5. Adopt Appropriation Ordinance No. 16103 increasing the
Fiscal Year estimated receipts and appropriations in the Special
2004-2005 Assessment District Fund in the amount of $37,516.00 from
available funds for the purpose of providing Fiscal Year
2004-2005 funding for Fort Worth Public Improvement
District No. 6;
6. Adopt the proposed 2004 assessment roll, which is on file
with the City Secretary and set Tuesday, September 21,
2004, at 10:00 a.m. in the City Council Chamber as the time
and place for the benefit hearing;
7. Direct the City Secretary to give notice of the September 21,
2004 hearing in accordance with State Law;
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FORT WORTH, TEXAS
AUGUST 31, 2004
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8. Approve adding to the FY 2004-2005 budget, as
contingency, any unencumbered revenues from the PID No.
6 assessments from prior years;
9. Authorize the transfer of $22,000.00 for administrative fees
from the Special Assessment District Fund, PID No. 6, FY
2004-2005 project account to the General Fund contingent
upon the adoption of the proposed 2004 assessment roll;
and
10. Authorize the City Manager to execute a contract with
Premier Communities to provide improvements and
services in the PID No. 6 during FY 2004-2005 for the sum of
$1,091,463.00 contingent upon the adoption of the proposed
2004 assessment roll and related appropriation ordinance.
There being no one present desiring to be heard in the public
hearing for Fort Worth Public Improvement District No. 6 (Park
Glen), Council Member Haskin made a motion, seconded by
Council Member Lane, that the public hearing be closed and Mayor
and Council Communication No. G-14481 be adopted. The motion
carried unanimously.
Public Hearing It appeared that the City Council set today as the date for a public
hearing for Fort Worth Public Improvement District No. 7
(Heritage), Adopt a Budget and Service Plan, Authorize a Contract
with Premier Communities, to Provide Management Services for
the District, Adopt an Ordinance Appropriating Certain Funds for
the District, Adopt a Proposed Assessment Roll and Set a Benefit
Hearing Date for Fiscal Year 2004-2005. Mayor Moncrief asked if
there was anyone present desiring to be heard.
Ms. Ruby Coleman, representing the Finance Department,
appeared before Council, gave a staff report, and called attention
to Mayor and Council Communication No. G-14482 as follows:
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 8 of 23
G-14482 There was presented Mayor and Council Communication No. G-
Ord. #16104 14482 from the City Manager recommending that the City Council:
Fort Worth
Public 1. Hold a public hearing concerning the plan of services and
Improvement budget for FY 2004-2005;
District No. 7 2. Adjourn such public hearing;
(Heritage),
Adopt Budget 3. Approve the service plan and budget for FY 2004-2005 as
and Service recommended by the Advisory Board of Public
Plan, Authorize Improvement District No. 7;
Contract with
Premier 4. Authorize the transfer of $40,057.00 from the General Fund
Communities, to the Special Assessment District Fund, PID No. 7, FY 2004-
Adopt 2005 project account contingent upon the adoption of the
Assessment Roll FY 2004-2005 proposed budget;
and Set Benefit
Hearing Date for 5. Adopt Appropriation Ordinance No. 16104 increasing the
Fiscal Year estimated receipts and appropriations in the Special
2004-2005 Assessment District Fund in the amount of $40,057.00 from
available funds for the purpose of providing Fiscal Year
2004-05 funding for Fort Worth Public Improvement District
No. 7;
6. Adopt the proposed 2004 assessment roll, which is on file
with the City Secretary and set Tuesday, September 21,
2004, at 10:00 a.m. in the City Council Chamber as the time
and place for the benefit hearing;
7. Direct the City Secretary to give notice of the September 21,
2004 hearing in accordance with State law;
8. Approve adding to the FY 2004-2005 budget, as
contingency, any unencumbered revenues from the PID No.
7 assessments from prior years;
9. Authorize the transfer of $6,709.00 for administrative fees
from the Special Assessment District Fund, PID No. 7, FY
2004-2005 project account to the General Fund contingent
upon the adoption of the proposed 2004 assessment roll
and related appropriation ordinance; and
10. Authorize the City Manager to execute a contract with
Premier Communities to provide improvements and
services in the PID No. 7 during FY 2004-2005 for the sum of
$653,613.00 contingent upon the adoption of the proposed
2004 assessment roll and related appropriation ordinance.
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FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 9 of 23
There being no one present desiring to be heard in the public
hearing for Fort Worth Public Improvement District No. 7
(Heritage), Council Member Stevenson made a motion, seconded
by Council Member Silcox, that the public hearing be closed and
Mayor and Council Communication No. G-14482 be adopted. The
motion carried unanimously.
Public Hearing It appeared that the City Council set today as the date for a public
hearing for Fort Worth Public Improvement District No. 8 (Camp
Bowie), Adopt a Budget and Service Plan, Authorize a Contract
with Historic Camp Bowie, Inc., to Provide Management Services
for the District, Adopt a Proposed Assessment Roll and Set a
Benefit Hearing Date for Fiscal Year 2004-2005. Mayor Moncrief
asked if there was anyone present desiring to be heard.
Ms. Ruby Coleman, representing the Finance Department,
appeared before Council, gave a staff report, and called attention
to Mayor and Council Communication No. G-14483 as follows:
G-14483 There was presented Mayor and Council Communication No. G-
Fort Worth 14483 from the City Manager recommending that the City Council:
Public
Improvement 1. Hold a public hearing concerning the Plan of Services and
District No. 8 Budget for FY 2004-2005;
(Camp Bowie), 2. Adjourn such Public Hearing;
Adopt Budget
and Service 3. Approve the Service Plan and Budget for FY 2004-2005 as
Plan, Authorize recommended by the Advisory Body of PID No. 8;
Contract with
Historic Camp 4. Adopt the proposed 2004 assessment roll, which is on file
Bowie, Inc., with the City Secretary and set for Tuesday, September 21,
Adopt 2004 at 10:00 a.m. in the City Council Chamber as the time
Assessment Roll and place for the Benefit Hearing;
and Set Benefit
Hearing Date for 5. Direct the City Secretary to give notice of the September 21,
Fiscal Year 2004 hearing in accordance with State Law;
2004-2005 6. Approve adding to the FY 2004-2005 Budget, as
contingency, any unencumbered revenues from the PID No.
8 assessments from prior years;
7. Authorize the transfer of $5,200.00 for administrative fees
from the Special Assessment District Fund, PID No. 8, FY
2004-2005 project account to the General Fund contingent
upon the adoption of the proposed 2004 assessment roll
and related appropriation ordinance; and
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FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 10 of 23
8. Authorize the City Manager to execute a contract with
Historic Camp Bowie, Inc., to provide improvements and
services in the PID No. 8 during FY 2004-2005 for the sum of
$260,000.00 contingent upon the adoption of the proposed
2004 assessment roll and related appropriation ordinance.
There being no one present desiring to be heard in the public
hearing for Fort Worth Public Improvement District No. 8 (Camp
Bowie), Council Member Stevenson made a motion, seconded by
Council Member Silcox, that the public hearing be closed and
Mayor and Council Communication No. G-14483 be adopted. The
motion carried unanimously.
Public Hearing It appeared that the City Council set today as the date for a public
hearing for Fort Worth Public Improvement District No. 11
(Stockyards), Adopt a Budget and Service Plan, Authorize a
Contract with Fort Worth Stockyards Preservation Foundation, Inc.,
to Provide Management Services for the District, Adopt a Proposed
Assessment Roll and Set a Benefit Hearing Date for Fiscal Year
2004-2005. Mayor Moncrief asked it there was anyone present
desiring to be heard.
Ms. Ruby Coleman, representing the Finance Department,
appeared before Council, gave a staff report, and called attention
to Mayor and Council Communication No. G-14484 as follows:
G-14484 There was presented Mayor and Council Communication No. G-
Fort Worth 14484 from the City Manager recommending that the City Council:
Public
Improvement 1. Hold a public hearing concerning the plan of services and
District No. 11 budget for FY 2004-2005;
(Stockyards), 2. Adjourn such public hearing;
Adopt Budget
and Service 3. Approve the service plan and budget for FY 2004-2005 as
Plan, Authorize recommended by the Advisory Body of PID No. 11;
Contract with
Fort Worth 4. Adopt the proposed 2004 assessment roll, which is on file
Stockyards with the City Secretary and set Tuesday, September 21, 2004
Preservation at 10:00 a.m. in the City Council Chamber as the time and
Foundation, Inc., place for the benefit hearing;
Adopt 5. Direct the City Secretary to give notice of the September 21,
Assessment Roll 2004 hearing in accordance with State law;
and Set Benefit
Hearing Date for
FY 2004-2005
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FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 11 of 23
6. Authorize the transfer of $2,000.00 for administrative fees
from the Special Assessment District Fund, PID No. 11, FY
2004-2005 project account to the General Fund contingent
upon the adoption of the proposed 2004 assessment roll
and related appropriation ordinance; and
7. Authorize the City Manager to execute a contract with Fort
Worth Stockyards Preservation Foundation, Inc., to provide
improvements and services in the PID No. 11 during FY
2004-2005 for the sum of $32,500.00 contingent upon the
adoption of the proposed 2004 assessment roll and related
appropriation ordinance.
Jim Moore Mr. Jim Moore, 4917 Madella Street, Haltom City, Texas, appeared
before Council in opposition of PID No. 11. He stated that he
owned three buildings in the Stockyards and expressed concern
with the expenditures for security enhancement and street and
sidewalk cleanliness. He added that the $5,000.00 budgeted for
security would not fund an additional Police officer and that the
$10,000.00 budgeted for street and sidewalk cleanliness was
unnecessary as the Code of Ordinances enforced street
cleanliness.
Steve Murrin Mr. Steve Murrin, 101 W. Exchange Avenue, appeared before
Council in support of PID No. 11. He stated that the Stockyards
PID was the only industry Fort Worth had that included everyone.
He added that he had been approached by one of Mr. Moore's
former tenants for assistance in cleaning the street.
Mayor Pro tempore McCloud assumed his chair.
Betty Fincher Ms. Betty Fincher, 115 E. Exchange Avenue, appeared before
Council in support of PID No. 11. She inquired if the City or the
Tarrant Appraisal District determined the value of the property and
expressed concern with cars driving the wrong way on a one way
street at 60 mph.
City Attorney Yett stated that the value of the property was based
on an appraisal by the Tarrant Appraisal District.
Gary Brinkley Mr. Gary Brinkley, 130 E. Exchange Avenue, appeared before
Council also in support of the PID.
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FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 12 of 23
There being no one else present desiring to be heard in the public
hearing for Fort Worth Public Improvement District No. 11
(Stockyards), Council Member Lane made a motion, seconded by
Council Member Silcox, that the public hearing be closed and
Mayor and Council Communication No. G-14484 be adopted. The
motion carried unanimously.
Council Member Lane requested that staff consider painting
arrows on the street to address the problem of cars traveling the
wrong way on one-way streets.
P-10007 There was presented Mayor and Council Communication No. P-
Aggregate 10007 from the City Manager recommending that the City Council:
Stones and
Sand 1. Authorize a Purchase Agreement for Aggregate Stones with
McCauley Dirt Company for the City of Fort Worth based on
the only bid received with payment due 30 days from the
date of the invoice;
2. Authorize Multiple Purchase Agreements for Sand with the
following vendors for the City of Fort Worth based on the
responsive bids received with payment due 30 days from
the date of the invoice:
a) Vulcan Construction Materials, Primary Vendor;
b) McCauley Dirt Company, Secondary Vendor;
3. Authorize the Agreements to begin August 31, 2004 and
expire on August 30, 2005, with options to renew for two
additional one-year periods; and
4. Authorize the City Manager to execute Interlocal
Agreements, allowing other public entities to participate in
this bid award in accordance with the Texas Government
Code, Section 791, "The Interlocal Cooperation Act".
It was the consensus of the City Council that the recommendation
be adopted.
P-10008 There was presented Mayor and Council Communication No. P-
New Roto Boom 10008 from the City Manager recommending that the City Council
Truck authorize the purchase of a new Roto Boom Truck from Fort Worth
Freightliner for the Environmental Management Department based
on the overall low responsible bid, with total cost not to exceed
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 13 of 23
$114,985.00. Payment is due 30 days from the date the invoice is
received and the City will take ownership at its facilities with
delivery included in the cost of the equipment. It was the
consensus of the City Council that the recommendation be
adopted.
L-13887 It was the consensus of the City Council that Mayor and Council
Withdrawn Communication No. L-13887, dated August 17, 2004,
Condemnation of One Right of Way Parcel and Three Temporary
Right of Entry Agreements from Tarrant County College District
Required for the Realignment of Throckmorton Street at Lancaster
Avenue Near the Central Business District (DOE 4007), be
withdrawn.
L-13891 There was presented Mayor and Council Communication No. L-
Permanent 13891 from the City Manager recommending that the City Council
Sanitary Sewer approve the acceptance of one permanent sanitary sewer
Easement easement described as portion of Lot 1, Block 1, Lennox Industries
Addition, Tarrant County, Texas from 4900 Airport Freeway LTD for
property located between Maxine Street and Trinity Railway
Express in East Fort Worth (DOE 3570), necessary for the
construction, maintenance, and relocation of the sanitary sewer
main M-181-A, for a total cost of $8,000.00 plus closing costs. It
was the consensus of the City Council that the recommendation be
adopted.
L-13892 There was presented Mayor and Council Communication No. L-
Permanent 13892 from the City Manager recommending that the City Council
Drainage approve the acceptance of one permanent drainage easement
Easement described as A 999, William McCowan, Tarrant County, Texas from
D R Horton-Texas Ltd., for property located in North Tarrant
County for the Presidio Village Development Project (DOE 4348),
needed as right-of-way to construct, maintain, operate and replace
drainage improvements for properties located north of Heritage
Trace Parkway and east of Harmon Road, for a cost of$1.00. It was
the consensus of the City Council that the recommendation be
adopted.
L-13893 There was presented Mayor and Council Communication No. L-
Permanent 13893 from the City Manager recommending that the City Council
Drainage approve the acceptance of one permanent drainage easement
Easement described as Lot 1, Block 1, Thresher Addition, Tarrant County,
Texas from Lowery Park LP for property in East Tarrant County for
the Lowery Oaks Addition Project (DOE 4461), needed as right-of-
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 14 of 23
way to construct, maintain, operate, and replace drainage
improvements to serve properties located north of Lowery Road
and west of Kelly Court, for a cost of $1.00. It was the consensus
of the City Council that the recommendation be adopted.
L-13894 There was presented Mayor and Council Communication No. L-
Permanent 13894 from the City Manager recommending that the City Council
Drainage approve the acceptance of one permanent drainage easement
Easement described as portion of John H. Duncan Survey, Abstract No. 398,
Tarrant County, Texas from SJ Rainbow Ridge Development, L.P.,
for property located east of McCart Avenue and south of Risinger
Road in South Fort Worth (DOE 4168), needed for drainage
improvements to serve the proposed Rainbow Ridge Addition, for
a cost of $1.00. It was the consensus of the City Council that the
recommendation be adopted.
L-13895 There was presented Mayor and Council Communication No. L-
Permanent 13895 from the City Manager recommending that the City Council
Sanitary Sewer approve the acceptance of one permanent sanitary sewer
Easement and easement and one temporary construction easement described as
Temporary Lot 11, Block 1, and Block 2, Schwartz Subdivision, Tarrant
Construction County, Texas from Teresa Vasquez for property located at 1400
Easement East Bluff Street north of the Central Business District (DOE 4296),
needed for the construction, operation, maintenance, and repair of
sanitary sewer main M-63, for a total cost of $2,500.00. It was the
consensus of the City Council that the recommendation be
adopted.
PZ-2544 There was presented Mayor and Council Communication No. PZ-
Res. #3117 2544 from the City Manager recommending that the City Council
Closing Alley approve Resolution No. 3117 closing an alley in Block 10 of the
Block 10 of Bellevue Hill Addition, subject to the following:
Bellevue Hill
Addition 1. Access into the closed alley be provided for maintenance of
(VA-93-08) water, sewer, electric, cable, and telephone utility facilities,
unless other satisfactory arrangements are made, including
relocation at the applicant's expense; and
2. The right-of-way be physically closed with an acceptable
barricade or other satisfactory arrangements approved by
the Department of Transportation and Public Works.
Council Member Davis made a motion, seconded by Council
Member Silcox, that the recommendation be adopted. The motion
carried unanimously.
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FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 15 of 23
C-20185 There was presented Mayor and Council Communication No. C-
Railhead 20185, dated August 5, 2004, from the City Manager recommending
Industrial Park that the City Council authorize the City Manager to execute the
Investors, L.P. Economic Development Program Agreement with Railhead
Industrial Park Investors, L.P., subject to subsequent non-material
changes that may be agreed to by the parties.
Council Member Davis requested the following revisions be made
to the Economic Development Program Agreement attached to
M&C C-20185:
• That the Source Property Employment Commitments be
revised to require that at least one full-time job for every
33,000 square feet of Source Property Improvements be
given to Fort Worth residents and at least one full-time job
for every 83,000 square feet of Source Property
Improvements be given to Central City residents.
• That each year Railhead be required to give the Opportunity
Center at least five percent of the maximum Program Grant
that could be earned by Railhead in that year; and
• That Railhead agree that during the term of the Agreement it
will not request any other City incentives with respect to the
Source Property.
Council Member Lane made a motion, seconded by Council
Member Haskin, that the recommendation be adopted as revised.
The motion carried unanimously.
Council Member Wheatfall commended the Economic and
Community Development Department staff for their hard work on
this agreement.
C-20226 It was the consensus of the City Council that Mayor and Council
Withdrawn Communication No. C-20226, dated August 24, 2004, Change Order
No. 1 to City Secretary Contract No. 30022 with Peachtree
Construction, Ltd for HMAC Surface Overlay 2004-11 at Various
Locations, be withdrawn.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 16 of 23
C-20233 There was presented Mayor and Council Communication No. C-
Delayed Until 20233, dated August 24, 2004, from the City Manager
After Executive recommending that the City Council authorize the City to receive
Session and consider bids for gas well development on City-owned
property located near Alliance Airport, and at the Gateway, Quanah
Parker, and Tandy Hills City parks.
Mayor Moncrief stated that action on this item would be delayed
until after the Executive Session.
C-20238 There was presented Mayor and Council Communication No. C-
Christ Chapel 20238 from the City Manager recommending that the City Council
Bible Church authorize a change to M&C C-20079, dated May 18, 2004 changing
the width and minimum clearance for a pedestrian bridge over
Birchman Avenue. It was the consensus of the City Council that
the recommendation be adopted.
C-20239 There was presented Mayor and Council Communication No. C-
Schultz 20239 from the City Manager recommending that the City Council
Enterprises II, authorize the City Manager to enter into a Consent Agreement with
LLC Schultz Enterprises II, LLC authorizing use of the right-of-way for
installation of a sign at 621 Houston Street. It was the consensus
of the City Council that the recommendation be adopted.
C-20240 There was presented Mayor and Council Communication No. C-
Ann L. Rhodes 20240 from the City Manager recommending that the City Council
authorize the City Manager to enter into an Encroachment
Agreement with Ann L. Rhodes authorizing use of the right-of-way
for installation of two sets of steps and landings at 2627 Tillar
Street. It was the consensus of the City Council that the
recommendation be adopted.
C-20241 There was presented Mayor and Council Communication No. C-
Ord. #16105 20241 from the City Manager recommending that the City Council
U.S. Equal authorize the City Manager to execute a contract with U.S. Equal
Employment Employment Opportunity Commission in an amount up to
Opportunity $24,800.00; and adopt Appropriation Ordinance No. 16105
Commission increasing estimated receipts and appropriations in the Grants
Fund in the amount of $24,800.00, subject to receipt of the
Mediation Pilot Program grant from the U.S. Equal Employment
Opportunity Commission, for the purpose of funding the
Community Relations Department Mediation program. It was the
consensus of the City Council that the recommendation be
adopted.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 17 of 23
C-20242 There was presented Mayor and Council Communication No. C-
Texas 20242 from the City Manager recommending that the City Council
Engineering authorize the City Manager to enter into an Interlocal Agreement
Extension between the City of Fort Worth and the Texas Engineering
Service Extension Service allowing the City of Fort Worth Fire Department
to exchange two airport rescue and fire-fighting apparatus for a
$40,000.00 credit towards airport rescue and fire-fighting training at
the Texas Engineering Extension Service facility in College Station,
TX. It was the consensus of the City Council that the
recommendation be adopted.
C-20243 There was presented Mayor and Council Communication No. C-
Tarrant County 20243 from the City Manager recommending that the City Council
authorize the City Manager to enter into an Interlocal Agreement
between the City of Fort Worth and Tarrant County for the purpose
of providing rabies control in the unincorporated areas of Tarrant
County from October 1, 2004, until September 30, 2005. It was the
consensus of the City Council that the recommendation be
adopted.
C-20244 There was presented Mayor and Council Communication No. C-
Tarrant County 20244 from the City Manager recommending that the City Council
authorize the City Manager to accept and execute Interlocal
Agreements between the City of Fort Worth and other Tarrant
County municipalities for the purpose of rabies control and rabies
specimen shipment from October 1, 2004, through September 30,
2005. It was the consensus of the City Council that the
recommendation be adopted.
C-20245 There was presented Mayor and Council Communication No. C-
Amendment to 20245 from the City Manager recommending that the City Council
CSC #29422, authorize the City Manager to execute a Contract Amendment to
Century City Secretary Contract Number 29422 with Century Disposal, Inc.
Disposal, Inc. for the collection and recycling of mixed office paper from city
facilities to increase the not-to-exceed amount to $48,240.00 per
year. It was the consensus of the City Council that the
recommendation be adopted.
C-20246 There was presented Mayor and Council Communication No. C-
West Fork 20246 from the City Manager recommending that the City Council
Partners, L.P. authorize the City Manager to execute a Credit Sales Agreement
with West Fork Partners, L.P. for the purchase of seven and two
tenths (7.2) credits for off-site wetland mitigation to satisfy the
City's obligation to mitigate impacts to U.S. Army Corp of
Engineers jurisdictional wetlands in conjunction with the runway
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 18 of 23
extension project at Alliance Airport; and approve the expenditure
of $180,000.00 for the purchase of seven and two tenths (7.2)
credits for off-site wetland mitigation which will be reimbursed as
an eligible item as a land acquisition cost under a Federal Aviation
Administration grant approved by the Council on July 29, 2003
(M&C G-14039). It was the consensus of the City Council that the
recommendation be adopted.
Council Member Picht excused himself from the table at this time.
C-20247 There was presented Mayor and Council Communication No. C-
Denton County 20247 from the City Manager recommending that the City Council
authorize the City Manager to execute an addendum to the
Interlocal Agreement with Denton County, Texas concerning the
regulation of subdivisions and approval of related permits to add
language regarding plat approval in the City's extraterritorial
jurisdiction. Council Member Wheatfall made a motion, seconded
by Council Member Davis, that the recommendation be adopted.
The motion carried unanimously.
C-20248 There was presented Mayor and Council Communication No. C-
Pulte Homes of 20248 from the City Manager recommending that the City Council
Texas, L.P., authorize the City Manager to execute a Community Facilities
Texas Limited Agreement with Pulte Homes of Texas, L.P., a Texas Limited
Partnership by Partnership by PNI, Inc., a Nevada corporation, for the installation
PNI, Inc. of water and sewer services to serve Villages of Crawford Farms,
located in the northern portion of Fort Worth. Council Member
Lane made a motion, seconded by Council Member Stevenson,
that the recommendation be adopted. The motion carried
unanimously.
C-20249 There was presented Mayor and Council Communication No. C-
MAW Lasater 20249 from the City Manager recommending that the City Council
Ranch Holdings, authorize the City Manager to execute a Community Facilities
LLC Agreement with MAW Lasater Ranch Holdings, LLC for the
installation of sewer mains to serve Lasater Ranch, Phase 1,
located inside Crowley city limits, in Tarrant County. Council
Member Stevenson made a motion, seconded by Council Member
Davis, that the recommendation be adopted. The motion carried
unanimously.
C-20250 There was presented Mayor and Council Communication No. C-
Centex Homes, 20250 from the City Manager recommending that the City Council
Nevada General authorize the City Manager to execute a Community Facilities
Partnership Agreement with Centex Homes, a Nevada General Partnership, for
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 19 of 23
the installation of community facilities for Harriet Creek Ranch,
Phase III. Council Member Lane made a motion, seconded by
Council Member Davis, that the recommendation be adopted. The
motion carried unanimously.
C-20251 There was presented Mayor and Council Communication No. C-
Delayed Until 20251 from the City Manager recommending that the City Council
After Executive approve the assignment and transfer of all rights, title and interest
Session of Fort Worth Mercado I, L.P. in the contract between Fort Worth
Mercado I, L.P. and Muckelroy and Falls for the construction of the
Fort Worth Mercado to the City of Fort Worth; adopt Appropriation
an ordinance increasing estimated receipts and appropriations in
the Local Development Corporation Fund in the amount of
$1,300,000.00 from available funds for the purpose of funding the
construction of the Fort Worth Mercado building located at 1500
North Main Street; and authorize the City Manager to execute a
contract agreement accepting the amount of $1,300,000.00 from the
Fort Worth Local Development Corporation to complete the
construction of the Fort Worth Mercado building located at 1500
North Main Street. Council Member Stevenson made a motion,
seconded by Council Member Lane, to delay action on this item
until after action of the Local Development Corporation meeting
that would be completed after the Executive Session. The motion
carried unanimously.
Budget Hearing It appeared that the City Council set today as the date for the
hearing in connection with the proposed Fiscal Year 2004-2005
Appropriation Ordinance and Ad Valorem Tax Levy Ordinance.
There being no one present desiring to be heard, Mayor Moncrief
stated that the public hearing would remain open until Council
adopted the budget.
Council Member Stevenson excused himself from the table at this
time.
ZC-04-205 It appeared that the City Council, at its meeting of August 17, 2004,
Approved continued the hearing of the application of Golden Triangle, Ltd.,
for a change in zoning of property located in the northwest corner
of Ray White Road & North Beach Street from "E" Neighborhood
Commercial to "C" Medium Density Multi-Family Residential,
Zoning Docket No. ZC-04-205. Mayor Moncrief asked if there was
anyone present desiring to be heard.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 20 of 23
Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the
applicant, appeared before Council in support of the zoning
change. He stated that his client was willing to make concessions
on the development and asked for Council's favorable
consideration.
Council Members Picht and Stevenson assumed their chairs.
Paul Lee Mr. Paul Lee of Dunaway & Associates and the engineer for the
development, responded to Council Member Haskin's inquiry
relative to an undeveloped parcel on the property. He stated that
the development was required to have 45 percent open space and
that the area selected was the best choice for the open space. He
added that the owner of the property would be the responsibility of
the property owner.
Warren Pattison Mr. Warren Pattison, 4105 Ainsly Lane, appeared before Council in
opposition of the zoning change. He expressed concern with a
development of more apartment buildings and changing the zoning
from commercial to residential. He added that the change would
create an untenable situation in the future.
Jeff Poyner Mr. Jeff Poyner, 4524 Fir Drive, representing 125 residents of Vista
Meadows and Crawford Farms, appeared before Council in
opposition of the zoning change. He stated that the residents were
concerned with the developer's attitude, traffic and congestion,
lighting from the apartment complex, and security plan for the
development.
A lengthy conversation ensued amongst Council Members, Mr.
Schell and Mr. Poyner at which time the following action was taken.
There being no one else present desiring to be heard in connection
with the application of Golden Triangle, Ltd., Council Member Lane
made a motion, seconded by Council Member Silcox, that the
Zoning Hearing be closed and that Zoning Docket No. ZC-04-205 be
approved and the following ordinance be adopted. The motion
carried by the following vote:
AYES: Mayor Moncrief; Mayor Pro tempore McCloud;
Council Members Lane, Silcox, Wheatfall, Picht,
Stevenson, and Davis
NOES: Council Member Haskin
ABSENT: None
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 21 of 23
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 Lane made a motion,
seconded by Council Member Silcox, that the hearing be closed
and that the following ordinance be adopted:
ORDINANCE NO. 16106
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 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.
Citizen Ms. Katha Gullion, 3525 Vinetta Drive, appeared before Council
Presentations relative to the breakdown in 911 communications and police
Katha Gullion response.
Mayor Moncrief stated that Interim City Manager Boswell would
investigate this matter with Police Chief Ralph Mendoza and keep
Ms. Gullion advised.
Emma Sharp Ms. Emma Sharp, 5709 Fursman Street, appeared before Council
relative to installation of sidewalks in her area of the City to protect
children walking to and from school.
Council Member Wheatfall stated that the City was in the process
of conducting a study to evaluate areas in need of sidewalks.
Brenda Scruggs Ms. Brenda Scruggs, 8132 Hosta Way, appeared before Council
relative to vandalism at her home in Hulen Heights.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 22 of 23
James Harrison Mr. James Harrison, 8478 Island Circle, appeared before Council
relative to noise and lighting at the new Wal-Mart on Beach and
North Tarrant Parkway. He stated that the lights shine directly into
his bedroom and suggested that the ornamental fence be replaced
with a 10-foot fence.
Executive It was the consensus of the City Council that they recess into
Session Executive Session at 12:16 p.m. to:
1. Seek the advice of its attorneys concerning the following
pending or contemplated litigation or other matters that are
exempt from public disclosure under Article X, Section 9 of
the Texas State Bar Rules as authorized by Section 551.071
of the Texas Government Code:
a) City of Fort Worth v. Courtney ("Lottie") Dukes, et al.,
Cause 236-206507-04;
b) Legal issues concerning Waste Management of Texas,
Inc. property at the 3700 block of Linkcrest Drive;
c) Legal issues concerning the regulation of sexually
oriented businesses;
d) Legal issues concerning any item listed on today's
City Council meeting agendas; and
2. Deliberate the purchase, sale, lease, or value of real property
in accordance with Section 551.072 of the Texas Government
Code. Deliberation in an open meeting would have a
detrimental effect on the position of the City in negotiations
with a third party; and
3. Deliberate concerning economic development negotiations
as authorized by Section 551.087 of the Texas Government
Code; and
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 1:38 p.m.
CITY COUNCIL MEETING
FORT WORTH, TEXAS
AUGUST 31, 2004
PAGE 23 of 23
C-20233 There was presented Mayor and Council Communication No. C-
Continued for 20233, dated August 24, 2004, from the City Manager
One Week recommending that the City Council authorize the City to receive
and consider bids for gas well development on City-owned
property located near Alliance Airport, and at the Gateway, Quanah
Parker, and Tandy Hills City parks. Council Member Haskin made a
motion, seconded by Council Member Stevenson, that the
recommendation be adopted. The motion carried unanimously.
C-20251 There was presented Mayor and Council Communication No. C-
Ord. #16107 20251 from the City Manager recommending that the City Council
Fort Worth approve the assignment and transfer of all rights, title and interest
Mercado I, L.P. of Fort Worth Mercado I, L.P. in the contract between Fort Worth
and Muckelroy Mercado I, L.P. and Muckelroy and Falls for the construction of the
and Ralls Fort Worth Mercado to the City of Fort Worth; adopt Appropriation
Ordinance No. 16107 increasing estimated receipts and
appropriations in the Local Development Corporation Fund in the
amount of $1,300,000.00 from available funds for the purpose of
funding the construction of the Fort Worth Mercado building
located at 1500 North Main Street; and authorize the City Manager
to execute a contract agreement accepting the amount of
$1,300,000.00 from the Fort Worth Local Development Corporation
to complete the construction of the Fort Worth Mercado building
located at 1500 North Main Street.
Assistant City Manager Joe Paniagua advised Council that the
$1,300,000.00 would not come from General Fund sources. He
added that the funds to complete the project would consist of
$700,000.00 from the LDC Mercado repayment account and
$600,000.00 from LDC revenue received from the lease of property
at Blue Mound Road.
Council Member Stevenson made a motion, seconded by Council
Member Lane, that Mayor and Council Communication No. C-20251
be adopted. The motion carried unanimously.
Adjournment There being no further business, the meeting was adjourned at
1:41 p.m.
These minutes approved by the Fort Worth City Council on the 7t"
day of September, 2004.
Attest. � Appr d:
Marty Hend& Micl ael J. Mon rief
City Secretary Mayor