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HomeMy WebLinkAbout2007/01/18-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Salvador Espino, District 2 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member 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 10:04 a.m. on Thursday, January 18, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Minister Michael Thames, Fortress Church of Invocation Christ. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member Approval of Espino, the minutes of the regular meeting of January 9, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Burdette presented a proclamation for Score a Goal in the Special Classroom Western Heritage Week to Mr. Ernie Horn, Executive Director for Presentations Score a Goal in the Classroom. Agenda Item VI Council Member Burdette announced that the District 7 Town Hall meeting Announcements conducted on January 16, 2007, was very successful and expressed appreciation to the White Settlement Independent School District for providing the location for the meeting. He stated that proceedings of the meeting were video recorded and provided the dates and times the meeting would be televised on the City's cable channel. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 2 of 18 Council Member Wheatfall announced that a District 5 Gas Lease meeting would be held this evening from 6:30 p.m. to 8:30 p.m. at the Martin Luther King Community Center, located at 5565 Truman Drive and invited all interested citizens to attend to hear the basics on the legal rights regarding drilling. Council Member Espino announced that the monthly North Fort Worth Alliance Neighborhood meeting would be held at the Snooty Pig Restaurant on Saturday. January 20, 2007, at 9:00 a.m. He also stated that a Community Police Forum for the Far North Fort Worth area would be held Tuesday, January 30, 2007, at 7:00 p.m. at the Northwest High School in the North West Independent School District. He further stated that a half day workshop for the North Main Corridor would be held at Meacham Airport Saturday, January 27, 2007, beginning at 9:00 a.m. Mayor Pro tem Hicks announced that the District 8 Pro bono Gas Well Drilling Community meeting would be held Tuesday, January 23, 2007, from 6:30 p.m. to 8:30 p.m. at the Sycamore Community Center, 2525 East Rosedale Avenue and invited all interested citizens to attend. She also expressed appreciation to everyone that came for the unveiling of the Martin Luther King Freeway signs and especially to Council Member Wendy Davis and City Manager Charles Boswell for being so supportive of the District 8 efforts. Council Member Scarth announced that the District 4 Pro bono Gas Well Drilling Community meeting would be held Thursday, February 8, 2007, from 6:30 p.m. to 8:30 p.m. at the Riverside Community Center, located at 3700 E. Belknap and invited all interested citizens to attend. Mayor Moncrief advised that because of the inclement weather conditions the Stock Show has had very low attendance since its opening and stated that he had requested through members of the Fort Worth Transportation Authority that The T provide bus services free of charge to all citizens this coming weekend so that attendance to this great event would increase. Mayor Moncrief encouraged employers in Fort Worth to celebrate the City's heritage during the Rodeo and Stock Show by allowing their employees to dress in western wear. He added that City employees would be allowed to dress in western attire each Friday during the Rodeo and Stock Show. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication No. Withdrawn from C-21933 be withdrawn from the consent agenda. Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 3 of 18 Council Member Silcox requested that Mayor and Council Communication No. G-15582 be withdrawn from the consent agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ G-15586 be continued until January 30, 2007. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Wheatfall, seconded by Council Consent Agenda Member Silcox, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1591 M&C OCS-1591 - 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-15579 M&C G-15579 - Adopting Appropriation Ordinance No. 17369-01-2007 Ord. No. 17369- increasing estimated receipts and appropriations in the Rental Rehabilitation 01-2007 Program Fund in the amount of $389,914.50 from available funds, for the Increase Funds for purpose of funding activities eligible under the City's Housing programs. Activities in City's Housing Programs G-15580 M&C G-15580 - Approving the settlement of all claims in the lawsuit entitled Settlement of City of Fort Worth v. Jay C. McLennan, Individually and as Independent Lawsuit - City of Executor of the Estate of Lynne Weil, Deceased, and Southwest Gas Pipeline, Fort Worth v. Jay Inc., Cause Number ED-2006-01952, in Denton County, Texas, arising from C. McLennan, the condemnation of the Weil/McLennan property for the Alliance Airport Individually and expansion project/FM 156 re-alignment. as Independent Executor of the Estate of Lynne Weil, Deceased, and Southwest Gas Pipeline, Inc., Cause Number ED-2006-01952 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 4 of 18 G-15581 M&C G-15581 - Adopting Resolution No. 3449-01-2007 appointing the Res. No. 3449-01- following persons, representing the following organizations to the Fort Worth 2007 Commission for Women beginning on October 1, 2006, and with terms Appoint Members expiring on October 1, 2007: to Fort Worth Commission for Place Individual Organization Women 12 Marcy L. Paul TCU Women's Resource Center 14 Elisa Naj era Hispanic Women's Network 15 Kelle Albertson Junior League of Fort Worth, Inc. 19 Sally Burt Women's Policy Forum G-15583 M&C G-15583 - Declaring the necessity of taking an interest in a portion of Condemn Parcel land known as Abstract No. 266, Tract 2J06, Francisco Cuella Survey, Tarrant of Land for Right- County, Texas, owned by Milbitz, Inc., for right-of-way required for the of-Way for construction of Keller Hicks Road improvements (DOE 5474); and authorizing Construction of the City Attorney to institute condemnation proceedings to acquire the interest Keller Hicks Road in the land. Improvements G-15584 M&C G-15584 - Rejecting all bids for a lease agreement for natural gas drilling Reject Bids for under 35.5702 acres more or less of City-owned property located in Tarrant Natural Gas County, Texas, known as the Oakmont Linear Park; and authorizing staff to Drilling at readvertise the project at the earliest possible convenience. Oakmont Linear Park G-15585 M&C G-15585 - Declaring the necessity of taking an interest in a portion of Condemn Parcel land known as Abstract No. 266, Tract 2J, Francisco Cuella Survey, Tarrant of Land for Right- County, Texas, owned by Charles R. Slayton for right-of-way required for the of-Way for construction of Keller Hicks Road improvements (DOE 5474); and authorizing Construction of the City Attorney to institute condemnation proceedings to acquire the interest Keller Hicks Road in the land. Improvements P-10520 M&C P-10520 - Authorizing the purchase of five new 2007 vehicles and 2007 Vehicles and equipment for various departments listed below utilizing Tarrant County (TC), Equipment Texas Association of School Boards (TASB) and Texas Multiple Award Schedule (TEMAS) cooperative purchasing contracts for a cost not to exceed $136,867.00 with payments due within 30 days of the invoice dates. Freight is included in the unit price. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 5 of 18 Quantity,Contract and Department Unit Price Extended Total Description TC#05-003 Caldwell Country Chevrolet& Pontiac 2 each,2007 Chevrolet Code Compliance $17,625.00 $ 35,250.00 Impalas TASB#208-04 Philpott Motors LTD 1 each,2007 Ford F450 Cab Equipment $ 32,855.00 &Chassis Services TXMAS#3-23V030 Tennant Sales& Service 1 each,2007 Tennant M20 Public Events $ 45,360.00 Scrubber TASB#222-05 Olmsted Kirk Equipment& Suppy 1 each,2007 Tennant 6100 Public Events $ 23,402.00 &5700 Scrubber TOTAL $136,867.00 L-14276 M&C L-14276 - Authorizing the transfer of $159,120.00 from the Water and Ord. No. 17370- Sewer Operating Fund to the Water Capital Projects Fund; adopting 01-2007 Appropriation Ordinance No. 17370-01-2007 increasing estimated receipts and Acquire appropriations in the Water Capital Projects Fund in the amount of$159,120.00 Permanent Water from a Water and Sewer Operating Fund transfer, for the purpose of funding Line Easements the acquisition of two permanent water line easements from Engler Acquisition for Construction Partners, Ltd., and Lo Land Assets, L.P., located in the City of Keller for the of Water construction of water infrastructure improvements along US Highway 377 Infrastructure (DOE 5241); approving the acquisition of two permanent Water Line Improvements Easements described as a portion of J.J. Roberts Survey, Abstract No. 1305, Along US City of Keller, Tarrant County, Texas, located in the City of Keller for the Highway 377 construction of water infrastructure improvements; finding that the price offered in the amount of $154,620.00, plus an estimated closing cost of $3,000.00 is just compensation; and authorizing the acceptance and recording of appropriate instruments. L-14277 M&C L-14277 - Authorizing acceptance of a land donation for property Accept Land described as a portion of Shelby County School Survey, Abstract No. 1375, Donation for Tarrant County, Texas, from Recycle America Alliance, L.L.C., for the purpose Constructing a of constructing a Wholesale Water Meter Station (DOE 5381); and authorizing Wholesale Water the City Manager to execute the appropriate deed document conveying the Meter Station property in order to complete the donation of the property to the City. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 6 of 18 C-21932 M&C C-21932 - Authorizing the City Manager to execute a public right-of-way Texas Midstream use agreement with Texas Midstream Gas Services, LLC (Texas Midstream Gas Services, LLC 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 natural gas pipelines. C-21934 M&C C-21934 - Authorizing the execution of an Underground Pipeline Crosstex North Easement Agreement with Crosstex North Texas Gathering, L.P., acting by and Texas Gathering, through Crosstex Energy Services GP, LLC, its general partner, for a natural L.P., Through gas pipeline across City-owned property located at the northeast corner of Crosstex Energy Westport Parkway and Harmon Road in far north Fort Worth in the amount of Services GP, LLC $15,298.00 for a term of 20 years. C-21935 M&C C-21935 - Rejecting all bids received for Sanitary Sewer Rehabilitation Reject Bids and Contract LXVII (67), Part 3; and authorizing readvertising the project for bid at Readvertise for the earliest possible convenience. Sanitary Sewer Rehabilitation Contract LXVII (67), Part 3 C-21936 M&C C-21936 - Approving the acquisition of one right-of-way easement Acquire Right-of- described as a portion of Lots 1 and 2, Block H, Westland Acres Addition, Fort Way Easement for Worth, Tarrant County, Texas, from C.E. Stewart, and Allen Dodgen, as Co- Construction of Trustees for the Conner Matthew Price Trust, Austin Michael Price Trust, and Chapel Creek Ashley Nicole Price Trust, located in west Fort Worth for the construction of Boulevard Street Chapel Creek Boulevard street improvements (DOE 4794); finding that the Improvements price offered in the amount of $35,573.00, plus an estimated closing cost of $2,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. 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 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 7 of 18 AGENDA ITEM XIII—REPORT OF THE CITY MANAGER G-15554 There was presented Mayor and Council Communication No. G-15554, dated Amend CSC No. January 9, 2007, from the City Manager recommending that the City Council 28148 for authorize the City Manager to execute an amendment to City Secretary Continued Contract No. 28148 with the North Central Texas Council of Governments for Participation in the period of October 1, 2005, through September 30, 2007, at a cost not to Regional exceed $28,838.00 per fiscal year for participation in the regional integrated Integrated Storm Storm Water Management program FY 2006-07. Water Management Council Member Davis made a motion, seconded by Council Member Espino, Program FY 2006- that Mayor and Council Communication No. G-15554 be approved. The 07 motion carried unanimously nine (9) ayes to zero (0) nays. G-15582 There was presented Mayor and Council Communication No. G-15582 from Continued Until the City Manager recommending that the City Council authorize the City January 23, 2007 Manager to reject all bids received for the Spay and Neuter Surgical Clinic Addition to the existing Animal Care and Control Center and to re-advertise the project for bid. Council Member Silcox noted M&C reflected a cost of $475,000.00, but that the 2004 Bond Package approved an expenditure of$650,000.00 for this project and asked staff for an explanation of the difference. Mr. Robert Goode, Transportation/Public Works Director, stated that the $475,000.00 was a construction bid and that he assumed part of the cost was for design and program administration. He added that he could provide a detailed breakdown of the associated costs. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication G-15582 be continued until the January 23, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15586 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-15586, Adopt an Ordinance Amending Section 2-210(b) January 30, 2007 "Retirement Pension" of the City Code to Require an Ad Hoc Cost of Living Adjustment for Non-Vested and Future Employees and Permitting Election of an Ad Hoc Cost of Living Adjustment for Invested Employees Retirement, be continued until the January 30, 2007, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 8 of 18 G-15587 There was presented Mayor and Council Communication No. G-15587 from Initiate Zoning the City Manager recommending that the City Council authorize the City Changes for Manager to initiate certain zoning changes for the Panther Heights Panther Heights neighborhood from A-5 to A-43 One Family Residential. Neighborhood Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15587 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15588 There was presented Mayor and Council Communication No. G-15588 from Approve Leases the City Manager recommending that the City Council authorize the City for Natural Gas Manager to approve and execute leases for natural gas drilling under City- Drilling Under owned properties that are two acres or less in size. City-Owned Properties Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-15588 be approved. Council Member Wheatfall inquired if this issue pertained to High Impact Gas Wells or if they still had to be approved by the Council. Mr. Bob Riley, Development Department Director, concurred and stated that the lease area was different from where the well site was and the well site dictated if the well was high impact or not. The Council would still approve those sites. Council Member Burdette asked staff how many City-owned two acre lots would be affected if this M&C was approved. Mr. Douglas Rademaker, Engineering Department Director, stated that two or three of these leases had been approved by the Council and that he anticipated less than 50 lots would be in the City. He added that the City was part of a bigger unit where the City was a hole surrounded like a donut where there was no other opportunity for competition. He assured the Council that this process would be less time consuming and staff would provide Council with a full monthly report on this issue. The motion carried unanimously nine (9) ayes to zero (0) nays. City Secretary Hendrix advised that Mayor and Council Communication G- 15590 would be considered before G-15589 as there was a correction on G- 15590 that was relative to G-15589. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 9 of 18 G-15590 There was presented Mayor and Council Communication No. G-15590 from Establish Fee Per the City Manager recommending that the City Council authorize the collection Tax Foreclosed of a one-time fee of$600.00 from the sales proceeds upon the sale of the tax- Property,Amend foreclosed property to fund the mowing of the properties during the first year Financial the properties are held in trust in the City's Tax-Foreclosed Sales Program; and Management Policy establish a Tax-Foreclosed Property Mowing Escrow Account and amend the Standards Create Tax-Foreclosed City's Financial Management Policy statements to designate that the Property Mowing aforementioned one-time fee of$600.00 shall be escrowed and designated for Escrow Account and mowing of properties entering the City's Tax-Foreclosed Sales Program and Change Name of designate the existing Demolition Fund for the purpose of trash removal, board- Demolition Fund to up and demolition of substandard and condemned buildings and change the Demolition Escrow name of the Demolition Fund to Demolition Escrow Account. Account City Secretary Hendrix stated that line 4 of the first paragraph in the Discussion Section of the M&C needed to be amended to delete "...and M&C ..." from the verbiage in parenthesis. A lengthy discussion ensued amongst the Council and City staff relative to the following issues: Taxing jurisdictions sharing in mowing fees; fees being applied to a particular property or being placed in a fund to maintain all properties; the difference between M&C G-15589 and G-15590; receiving a report on cost accounting for mowing and the City's need to recoup the costs for maintaining these properties. In further deliberation, Council Member Burdette pointed out that these proposed fees would not be paid by citizens or property owners. They would be taken out of the sale of the tax-foreclosed properties and paid to the City. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15590 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15589 There was presented Mayor and Council Communication No. G-15589 from Establish Fee Per the City Manager recommending that the City Council authorize the collection Tax Foreclosed of a one-time fee of$500.00 from the sales proceeds upon the sale of the tax- Property,Amend foreclosed property to fund the administration of City's Tax-Foreclosed Financial Property Sales Program; and establish a Tax-Foreclosed Property Management Management Policy Escrow Account and amend the City's Financial Management Policy Statements and statements to designate that the aforementioned one-time fee of $500.00 shall Create Tax- Foreclosed Property be escrowed and designated for administration of the City's Tax-Foreclosed Management Property Sales Program. Escrow Account CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 10 of 18 City Secretary Hendrix stated that the first paragraph of the Discussion Section of the M&C needed to be amended to include "...G-15590..." after "M&C" in the parenthesis verbiage. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15589 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15591 There was presented Mayor and Council Communication No. G-15591 from Accept Donated the City Manager recommending that the City Council accept the donation of 2006 Influenza excess 2006 flu vaccine and supplies valued at $17,000.00 from Bell Helicopter Vaccine and Health Services to the City of Fort Worth Public Health Department. Supplies Council Member Wheatfall made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15591 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15592 There was presented Mayor and Council Communication No. G-15592 from Provide Sewer the City Manager recommending that the City Council authorize the Water Service to Five Department to provide sewer service at 1.25 times the retail rate to serve five Houses and Eight houses and eight duplexes for Ms. Paula Wells located east of the BNSF Duplexes for Paula Railroad and north of Crowley-Cleburne N Road, in Tarrant County, outside of Wells the Fort Worth City limits pursuant to City Code Section 35-60B "Uses Outside City"; and authorize the City Manager to execute an agreement for such services. Council Member Jordan confirmed with Mr. Riley that the City could not control zoning within the Extraterritorial Jurisdiction of Fort Worth. Mr. Riley concurred with Council Member Jordan and advised that the City also did not issue permits or provide building inspections; however, plumbing inspections were required by the City for sewer services. Council Member Jordan made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. G-15592 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14278 There was presented Mayor and Council Communication No. L-14278 from the Dedicate Parkland City Manager recommending that the City Council dedicate 212.20 acres of land to be known as West Park, situated in the Jacob Wilcox Survey No. 1, Abstract No. 1729, the R. Langster Survey, Abstract No. 976, and the J.F. Yarbrough Survey, Abstract No. 1757, being a portion of those certain tracts of land conveyed to the City of Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 11 of 18 Council Member Burdette made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. L-14278 be approved with the following amendment. Recommendation Section: Delete period and add "...and record all revenue received from the extraction of subsurface minerals in the Lake Worth Gas Revenue Fund." Discussion Section: Add the following paragraph after the legal description: "Per the current Gas Well Revenue Distribution Policy, all lease bonuses and royalty payments received from gas well revenue on Lake Worth lands (not including the Fort Worth Nature Center and Refuge and the body of water) are recorded in the Lake Worth Gas Revenue Fund. This property is part of a larger portion of property surrounding Lake Worth and is considered part of the Lake Worth lands conveyed to the City and held by the Water Department as a fixed asset since the early 1900's. Therefore all revenue received from the extraction of subsurface minerals under this property will be recorded in the Lake Worth Gas Revenue Fund. Maintenance of the surface park will be provided by the Parks and Community Services Department." 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 PZ-2717 adopt an ordinance changing the name of Coffey Avenue to Jewell Kelly Drive Ord. No. 17371- from East Seminary Drive to its terminus at Horton Road, Fort Worth, Tarrant 01-2007 County, Texas. Mayor Moncrief opened up the public hearing and asked if Change Name of there was anyone present desiring to be heard. Coffey Avenue to Jewell Kelly Drive Mr. John Garfield, Development Services Administrator, appeared before from East Council, gave a staff report and called attention to Mayor and Council Seminary Drive to Communication No. PZ-2717, as follows: Terminus at Horton Road There was presented Mayor and Council Communication No. PZ-2717 from the City Manager recommending that the City Council adopt an ordinance changing the name of Coffey Avenue from a point at East Seminary Drive to its terminus at Horton Road, Fort Worth, Tarrant County, Texas, to "Jewell Kelly Drive". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 12 of 18 Mayor Pro tem Hicks recognized a family member in the audience and apologized for the time taken to bring this item before the Council. 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 Espino, that the public hearing be closed, Mayor and Council Communication No. PZ-2717 be approved and Ordinance No. 17371-01-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21933 There was presented Mayor and Council Communication No. C-21933 from the Change Order No. City Manager authorizing the City Manager to execute Change Order No. 4 to 4 to CSC No. City Secretary Contract No. 32600 with McClendon Construction Co., Inc., for 32600 - Berry Street reconstruction from Waits Avenue to Forest Park Boulevard, in the McClendon amount of $79.997.00, thereby increasing the contract amount to Construction Co., $3,082,244.13. Inc. City Manager Boswell stated that line 2 in the Recommendation Section of the M&C needed to be amended to insert a comma after "79" in the amount "$79.997.00" and delete the period ($79,997.00). Council Member Burdette made a motion, seconded by Council Member Jordan that Mayor and Council Communication No. C-21933 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21937 There was presented Mayor and Council Communication No. C-21937 from the Ord. No. 17372- City Manager recommending that the City Council authorize the City Manager 01-2007 to execute Amendment No. 1 to City Secretary Contract No. 33958, a traffic Amendment No. 1 congestion mitigation agreement with the Keller Independent School District, to CSC No. 33958 to extend the term to the expenditure of the remaining $51,099.52 contract - Keller funds; appropriate $90,000.00; and adopt a supplemental appropriation Independent ordinance increasing appropriations in the General Fund in the amount of School District $90,000.00 and decreasing the unreserved, undesignated fund balance by the same amount, for the purpose of executing Amendment No. 1 to City Secretary Contract No. 33958 with Keller Independent School District for traffic congestion mitigation. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21937 be approved and Supplemental Appropriation Ordinance No. 17372-01-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 13 of 18 C-21938 There was presented Mayor and Council Communication No. C-21938 from the Amend CSC No. City Manager recommending that the City Council authorize the City Manager 33411 - BLG to execute an agreement with BLG Northside Development, L.P., allowing it to Northside borrow $800,000.00 from the City's Brownfields Cleanup Revolving Loan Development, L.P. Fund for the environmental cleanup of the former American Cyanamid (Cytec) site located at 600 North Jones Street; amend M&C G-13129 to allow the City to act as Fund Manager for the Brownfields Cleanup Revolving Loan Fund; and authorize the City Manager to execute an amendment to the Lease Agreement and Option to Purchase (City Secretary Contract No. 33411) with regard to the Cytec property between the City and BLG Northside Development, L.P., to provide that no option may be exercised if a default exists under the loan agreement. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21938 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-21939 There was presented Mayor and Council Communication No. C-21939 from the Ord. No. 17373- City Manager recommending that the City Council authorize the transfer of 01-2007 $9,578.00 from the Water and Sewer Operating Fund to the Sewer Capital BP 367 Fort Projects Fund; adopt an appropriation ordinance increasing estimated receipts Worth Limited, by and appropriations in the Sewer Capital Projects Fund in the amount of BP 367 Fort $9,578.00 from a Water and Sewer Operating Fund transfer, for the purpose of Worth GP, L.L.C. executing Community Facilities Agreement with BP 367 Fort Worth Limited, by BP 367 Fort Worth GP, L.L.C., its General Partner, for the installation of sewer services to serve Primrose Crossing; and authorize the City Manager to execute a Community Facilities Agreement with BP 367 Fort Worth Limited, by BP 367 Fort Worth GP, L.L.C., its General Partner, for the installation of sewer services to serve Primrose Crossing, a future single-family home development, located in far southwest Fort Worth(CIP No. 00507). Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-21939 be approved and Appropriation Ordinance No. 17373-01-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL Zoning Hearing It appeared to the City Council that the Notice of Special Hearing set today as the date for the hearing in connection with recommended changes and amendments to Zoning Ordinance No. 13896 and that notice of the hearing had CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 14 of 18 been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on December 29, 2006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-194A Council Member Burdette made a motion, seconded by Council Member Davis, Approved that the application of the City of Fort Worth for a change in zoning of property located at 1541 Singleton Court from "AG" Agricultural to "A-43" One Family Residential, Zoning Docket No. ZC-06-194A, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-295 Council Member Burdette made a motion, seconded by Council Member Davis, Approved that the application of the City of Fort Worth for a change in zoning of property located in the 4800 block of Pershing Avenue from `B" Two Family Residential to "A-5" One Family Residential, Zoning Docket No. ZC-06-295, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-296 There was presented Zoning Docket No. ZC-06-296, application of the City of Continued Until Fort Worth for a change in zoning of property located in the 3900 and 4000 February 13, 2007 blocks of Byers Avenue from `B" Two Family Residential to "A-5" One Family Residential. Glenn Tidwell Mr. Glenn Tidwell, 3916 Byers Avenue, appeared before Council in opposition of the zoning change. He stated that he understood this item would be continued and that he would delay his presentation until that time. Council Member Burdette made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-06-296, be continued until the February 13, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-297 Council Member Burdette made a motion, seconded by Council Member Approved Wheatfall, that the application of the City of Fort Worth for a change in zoning of property located at 4112 Bryce Avenue and in the 2000 block of Thomas Place from "B" Two Family Residential to "A-5" One Family Residential, Zoning Docket No. ZC-06-297, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-06-298 Council Member Burdette made a motion, seconded by Council Member Approved Wheatfall, that the application of the City of Fort Worth for a change in zoning of property located in the 1800 block of Hillcrest Street from "B" Two Family Residential to "A-5" One Family Residential, Zoning Docket No. ZC-06-298, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 15 of 18 ZC-06-299 Council Member Burdette made a motion, seconded by Council Member Approved Wheatfall, that the application of the City of Fort Worth for a change in zoning of property located in the 3700 and 3800 blocks of Crestline Road, excluding 3709, 3711, 3713 and 3715 Crestline Road from "C" Medium Density Multifamily Residential to "A-5" One Family Residential, Zoning Docket No. ZC-06-299, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIVB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-06-245 It appeared that the City Council, at its meeting of December 12, 2006, Continued Until continued the hearing of the application of Randel Flores for a change in zoning February 6, 2007 of property located at 1501 through 1609 East Long Avenue from "B" Two Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, excluding liquor sales, and with waiver of site plan requested, Zoning Docket No. ZC-06-245. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Council Member Espino advised that the applicant had made changes to the site plan but had not had an opportunity to meet with the neighborhood association. He stated that he would continue the zoning case to allow the applicant time to meet with the neighborhood association. There being no one present desiring to be heard in connection with the application of Randel Flores, Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that Zoning Docket No. ZC-06-245 be continued until the February 6, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 16 of 18 ORDINANCE NO. 17374-01-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. Item XV Mr. Lonnie Woods, 5025 East Berry Street, was recognized as desiring to Citizen appear before Council relative to SOP Community and Economic Development Presentations Corporation and the Carver Heights East Model Block; however, he was not Lonnie Woods present in the Council Chamber. Lee Jackson Mr. Lee Jackson, representing the Fort Worth Police Officers' Association (FWPOA), appeared before the City Council and submitted a petition signed by a number of Police Officers requesting that the FWPOA represent them as the sole and exclusive bargaining agent for all the police officers employed by the municipality, excluding the head of the Police Department and the exempt employees, for meet and confer negotiations with the City of Fort Worth. Gary Mevius Mr. Gary Mevius, 8413 Crosswind Drive, appeared before the Council relative to his termination from the City. He spoke about the grounds for his termination and questioned whether other employees had been disciplined or terminated for the same reason. He indicated that he felt he had been terminated for being in the way and thinking outside the box. He spoke about his duties and what he had accomplished for the Finance Department. He spoke about other IT projects he was involved in and had a difference of opinion on which conflicted with other departments. He felt this was the reason for his termination. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18, 2007 PAGE 17 of 18 Mayor Moncrief advised Mr. Mevius that personnel termination was decided by City management and it was not in the Council's scope of responsibilities and that Council respected such decisions. Council Members Wheatfall and Silcox requested further clarification as to the Council's position on this matter and what could be discussed by the Council. City Attorney Yett clarified that the Council did not have the authority to intercede in personnel matters. He added if there were legal matters or policy issues raised by Mr. Mevius's comments then those could be brought back to the Council at a future meeting. He added the Law Department would review Mr. Mevius's comments and schedule a presentation of appropriate items. Based upon Mr. Mevius's comments, Council Member Espino requested that Council be provided a briefing on the City's CPMS system. Agenda Item XVI It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:04 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 employees retirement fund; 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JANUARY 18,2007 PAGE 18 of 18 The Executive Session was adjourned at 11:25 a.m. Reconvened The City Council reconvened into regular session at 11:40 a.m. and convened into the Pre-Council meeting. Agenda Item XVII There being no further business, the Pre-Council meeting was adjourned at Adjournment 1:23 p.m. These minutes approved by the Fort Worth City Council on the 23rd day of January, 2007. Attest: Approved: P�\aj��k�'' - I Marty He9drix Michael J. o crief City Secretary Mayor