Loading...
HomeMy WebLinkAbout2007/02/20-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 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 10:29 a.m. on Tuesday, February 20, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Davis temporarily absent. Agenda Item H The invocation was given by Father Chris Jambor, All Saints Episcopal Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge (Council Member Davis assumed her place at the dais.) Agenda Item IV Upon a motion of Council Member Jordan, seconded by Council Member Approval of Espino, the minutes of the regular meeting of February 6, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Mr. Gene Long, representing the Tarrant/Dallas County Toy Run presented a Special plaque to the City in appreciation of the City's support of the Toy Run. Presentations Council Member Jordan presented a Proclamation for Peace Corps Week to Mr. David Nolan, representing the Peace Corps. Council Member Davis presented a Proclamation for Small Business Month to Ms. Catherine Simpson, Director of the Fort Worth Women's Business Assistance Center. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 2 of 32 Council Member Silcox presented a Proclamation for Severe Weather Awareness Week to Mr. Juan Ortiz, Emergency Management Coordinator. Summer Wilhelm, Emergency Management Officer II, provided a PowerPoint presentation that would be used as a regional educational program within Tarrant County and Fort Worth. Mayor Moncrief expressed appreciation for taking this message to the public for preparedness. He stated that the City's Cable programs was viewed by a lot of citizens and suggested having a presentation on the Cable channel that would take this message more globally throughout the region. Council Member Silcox stated that a reminder needed to be placed on the Cable channel announcing that effective March 1, 2007, the City's cable channel would move from Channel 7 to Channel 27. Agenda Item VI Mayor Pro tem Hicks announced that a Riverside Gateway Park Improvement Announcements meeting would be held on Saturday, February 24, 2007, at the Andrew "Doc" Sessions Community Center, 201 S. Sylvania Avenue, at 1:30 p.m. to accommodate the schedules of Congressman Michael Burgess and Congresswoman Kay Granger who will be at this meeting. She stated that from 12:30 p.m. to 1:30 p.m. an open house would be held to allow the public to go over the proposed changes. She also expressed appreciation to the Community Relations Department and Library Department for all their work and preparation of a great African American History breakfast program last week. She stated that she learned a lot about early African American Fort Worth and Fort Worth history and thanked Mayor Moncrief and Council Member Jordan for attending with her and Council Member Wheatfall. She also expressed appreciation to the City staff and the Code Compliance Department for the recent work they did on the Hillside Bulky Waste Initiative. She stated that she and her aide were out in the community earlier this month and that the Fire Department installed 91 smoke detectors and replaced dead batteries, began cleaning up alleys in the area, picked up stray and loose animals and also distributed numerous educational handouts. She added that overall, 473 properties were visited and almost 300 residents were contacted in the area. Council Member Jordan stated that he tried to make a practice of attending as many Police and Fire Academy graduations as possible and on February 16, 2007, he attended the graduation ceremony of Class 115. He added that the quality of Police Officers the City was getting rivaled those of the professional Firefighters and Police that were already serving the City. He further stated that the class contained 29 men and women that presented some of the best and brightest who set a new standard for the City of Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 3 of 32 Council Member Davis expressed appreciation to the City staff that supported the District 9 Town Hall meeting on February 9, 2007. She stated all the Assistant City Managers, City Manager Boswell, Mayor Moncrief and several Department Directors were also present and that she had received a lot of input from District 9 residents. Council Member Burdette recognized Ms. Shelley Harper and Mr. Joe Waller, residents of Lake Worth, and commended them for their efforts on improving and cleaning up Lake Worth. He also commended City staff for one of the projects being done on Lake Worth, which is the pilot dredging program that begins this month. He added that from this project the City will obtain information that will contribute to the development of a master plan for the lake. He added that City staff was moving forward to get oil and gas leases in place in order to drill in and around the lake. He pointed out through that drilling, revenues could be generated to cleanup and improve the lake. Mayor Moncrief extended kudos to everyone involved in the very successful Party in Fort Worth festivities on February 17, 2007. He stated that significant funds were raised for the Promotion Fund to be able to continue to bring events to the City that would generate millions of dollars in revenue. He expressed appreciation to the members of the Council who attended and to Alcon for hosting the event this year. He announced that Lockheed Martin would host the event in 2008. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from L-14284, G-15611 (heard after PZ-2726) and G-15612 be withdrawn from the Consent Agenda consent agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ G-15586 and L-14284 be withdrawn from consideration, G-15612 be continued Withdrawn By until March 6, 2007, and that the original G-15536 be withdrawn. Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Davis, 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-1595 M&C OCS-1595 - 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 4 of 32 G-15608 M&C G-15608 - Authorizing the payment of$30,000.00 to Dawn Ahrend with Settlement of the check made payable to Dawn Ahrend and the Law Offices of Art Brender; Lawsuit Entitled and authorizing the payment of $66,000.00 to Angela Hopper with the check Johnny Lee made payable to Angela Hopper and the Law Offices of Art Brender; and Cummings and authorizing the payment of$36,000.00 to Donald Weiler with the check made Angela Hopper, payable to Donald Weiler and the Law Offices of Art Brender; and authorizing Plaintiffs, Dawn Ahrend, Kathryn J. the appropriate City representative to execute the documents necessary to Reese, and Donald complete the settlement of the claims of Dawn Ahrend, Angela Hopper and Weiler, Intervenors/ Donald Weiler in lawsuit Johnny Lee Cummings and Angela Hopper, Plaintiffs v. City of Plaintiffs, Dawn Ahrend, Kathryn J. Reese, and Donald Weiler, Fort Worth, in Interventors/Plaintiffs v. City of Fort Worth, in United States District Court for United States the Northern District of Texas Fort Worth Division, Civil Action No. District Court for 4:05-CV-698-Y. Northern District of Texas Fort Worth Division, Civil Action No. 4:05-CV-698-Y G-15609 M&C G-15609 - Approving the settlement of a lawsuit entitled Roxanne Settlement of Hunter and Patrick Hunter, Individually and as Next Friends for Hannah Lawsuit Entitled Hunter, a Minor Child vs. City of Fort Worth, Texas, Cause No. 48-209715-05, Roxanne Hunter as well as the payment to the Guardian Ad Litem; authorizing the payment of and Patrick Hunter, $75,000.00 in settlement of the referenced lawsuit; authorizing the payment of Individually and as $2,260.00 to the Guardian Ad Litem, Greg Jackson; and authorizing the Next Friends for Hannah Hunter, a appropriate City personnel to execute any release and agreement necessary to Minor Child vs. City complete the settlement. of Fort Worth, Texas, Cause No. 48-209715-05 G-15610 M&C G-15610 - Authorizing the City Manager, under Chapter VI, Section 3 of Res. No. 3454-02- the City Charter, to retain Dee S. Finley, Jr., and the law firm of Harris, Finley 2007 & Bogle, P.C., as outside counsel to assist the City Attorney in legal issues Employ Law Firm involving land title matters on publicly dedicated property; and adopting of Harris, Finley & Resolution No. 3454-02-2007 authorizing employment of outside legal counsel Bogle, P.C.,to Assist f in Land Title Issues or assistance in land title issues concerning publicly dedicated property and Concerning Publicly setting in advance, as far as practicable, an amount not to exceed $9,000.00 to Dedicated Property be paid to Harris, Finley & Bogle, P.C. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 5 of 32 G-15613 M&C G-15613 - Authorizing the direct sale of tax-foreclosed property Sale of Tax described as Lot D, Block 1, Grove Hill Addition, located at 2808 Walker Foreclosed Street in accordance with Section 34.05 of the Texas State Property Tax Code Property to Marion Downs (DOE 920) for the amount of$3,288.00; and authorizing the City Manager to execute and record the appropriate documents conveying the properties to complete the sale. P-10534 M&C P-10534 - Authorizing a purchase agreement with Garry L. Hall to Landscaping and provide landscaping and grounds maintenance for the Parks and Community Grounds Services Department based on best value, with payments due 30 days from Maintenance receipt of invoice; and authorizing this agreement to begin February 20, 2007, and expire February 19, 2008, with options to renew for four additional one- year periods. P-10535 M&C P-10535 - Authorizing a purchase agreement with Whitmore & Sons, Grounds Inc., to provide grounds maintenance for the Parks and Community Services Maintenance and Department based on best value, with payments due 30 days from receipt of Mowing Services invoices; and authorizing this agreement to begin February 20, 2007, and expire February 19, 2008, with options to renew for three additional one-year periods. P-10536 M&C P-10536 - Authorizing purchase agreements with Scott Landscape Grounds Maintenance, Inc., VIP Lawncare, and Mr. Good Dirt to provide grounds Maintenance and maintenance and mowing services for the Parks and Community Services Mowing Services Department based on the low bid by sections as follows, with payments due 30 days from receipt of invoices; and Vendor Sections Total Annual Cost Scott Landscape Item 8031/East District $65,460.00 Maintenance, Inc. Parks, Community Centers, etc. VIP Lawncare Item 8021-H/North $10,200.00 District Libraries Scott Landscape Item FE70 Lake Worth $38,150.00 Maintenance, Inc. Development and Undeveloped Parks Mr. Good Dirt Item PE4-LW Lake $ 9,000.00 Worth Dam/Raw Water Conduits Authorizing these agreements to begin February 20, 2007, and expire February 19, 2008, with options to renew for two additional one-year periods. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 6 of 32 P-10537 M&C P-10537 - Authorizing the purchase of a dry digital photographic printer Dry Digital from Noritsu America Corporation for the Police Department for a cost not to Photographic exceed $31,916.00 based on sole bid received with freight included in the unit Printer cost and payment due 30 days after receipt of invoice. L-14285 M&C L-14285 - Declaring the necessity of taking an interest in a portion of Condemn Parcel land known as Abstract No. 649, Tract 1D, William Huff Survey, Tarrant of Land for Right- County, Texas, owned by Zero Twelve Point Four, L.P., for right-of-way of-Way for required for the construction of Keller Hicks Road improvements (DOE 5474); Construction of and authorizing the City Attorney to institute condemnation proceedings to Keller Hicks Road acquire the interest in the land. Improvements L-14286 M&C L-14286 - Accepting the dedication of 7.319 acres of parkland being a Accept Parkland tract of land situated in the Josiah Walker Survey, Abstract No. 1600, and being and Facility a portion of those tracts of land described by deed to Harmon Road/287 Improvements to Partners, L.P., Tarrant County, Texas, and facility improvements from Harmon be Known as Road/287 Partners, L.P., to be known as Ridgeview Farms Park, in accordance Ridgeview Farms with the Neighborhood and Community Park Dedication Policy. Park PZ-2721 M&C PZ-2721 - Adopting Ordinance No. 17403-02-2007 vacating and Ord. No. 17403- extinguishing an alley located between Bailey Street and University Drive, 02-2007 being 107.01 ft. long and 12 ft. wide right-of-way, situated in Block 1 of the Alley Vacation Wm. Bailey Addition, an addition to the City of Fort Worth, Tarrant County, (VA-06-023) Texas; and waiving any and all fee value of the vacated area. PZ-2722 M&C PZ-2722 - Adopting Ordinance No. 17404-02-2007 vacating and Ord. No. 17404- extinguishing a portion of Old Denton Road between Western Center 02-2007 Boulevard and Paladin Place, being a variable width(57 ft. by 60 ft.) by 632.57 Street Vacation ft. long right-of-way, in the M. Gilbert Survey, Abstract No. 565, the W.W. (VA-06-032) Thompson Survey, Abstract No. 1498, and the A. Smith Survey, Abstract No. 1419 in the City of Fort Worth, Tarrant County, Texas; and waiving any and all fee value of the vacated area. PZ-2723 M&C PZ-2723 - Adopting Ordinance No. 17405-02-2007 vacating and Ord. No. 17405- extinguishing an 18 foot wide alley in the Dissell Tracts Addition, located 02-2007 between West Rosedale and West Oleander Streets in the City of Fort Worth, Alley Vacation Texas, from a point at West Rosedale Street to a point at West Oleander Street; (VA-06-038) and waiving any and all fee value of the vacated area. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 7 of 32 PZ-2724 M&C PZ-2724 - Adopting Ordinance No. 17406-02-2007 vacating and Ord. No. 17406- extinguishing Karen Circle from its north terminus to its south terminus with 02-2007 Westridge Avenue, being approximately 1,116.57 ft. long and 30 ft. wide right- Street Vacation of-way, in the Ridgeway Manor No. 1 Addition, City of Fort Worth, Tarrant (VA-06-042) County, Texas; and waiving any and all purchase fee value of the vacated land. PZ-2725 M&C PZ-2725 - Adopting Ordinance No. 17407-02-2007 vacating and Ord. No. 17407- extinguishing a portion of an alley located adjacent to Lots 5-6 and 11-12, 02-2007 Block 8, Forest Park Addition, an addition to the City of Fort Worth, Tarrant Alley Vacation County, Texas; and waiving any and all fee value of the vacated area. (VA-06-019) C-21968 M&C C-21968 - Authorizing the City Manager to execute a Public Right-of- Crosstex North Way Use Agreement with Crosstex North Texas Gathering, L.P., (Crosstex) Texas Gathering, that grants Crosstex a license to use a certain public right-of-way of the City of L.P. Fort Worth for the purpose of constructing, maintaining and operating a natural gas gathering system. C-21969 M&C C-21969 - 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 natural gas pipelines. C-21970 M&C C-21970 - Authorizing the City Manager to enter into an Encroachment Fort Worth H Agreement with Fort Worth H Partners authorizing use of the right-of-way for Partners various encroachments for the Embassy Suites Hotel at 600 Commerce Street as this property is redeveloped. C-21971 M&C C-21971 - Authorizing the City Manager to enter into an Encroachment Cotulla, L.P. Agreement with Cotulla, L.P., authorizing use of the right-of-way for various encroachments for the Wagner Building at 500 Commerce Street and the Caceria Building at 111 East 5th Street as this property is redeveloped. C-21972 M&C C-21972 - Authorizing the City Manager to execute a Consent to Consent to Assignment by Cotton Depot Associates, L.P., to Fort Worth Depot, LLC, of Assignment by the Tax Abatement Agreement, City Secretary Contract No. 26341, as amended Cotton Depot and previously signed. Associates, L.P., Fort Worth Depot, LLC CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 8 of 32 C-21973 M&C C-21973 - Authorizing the City Manager to reject all bids received for Reject Bids Bonds Ranch Water Main Extension from Molina Lane to Colonial Heights Received for Lane. Bonds Ranch Road Water Main Extension C-21974 M&C C-21974 - Authorizing a lease agreement with Monroe Street Monroe Street Professional Building, Limited, for additional office space located at 900 Professional Monroe Street, for the Engineering Department; and authorizing the City Building, Limited Manager to execute the appropriate lease agreement. C-21975 M&C C-21975 - Authorizing the transfer of $118,765.00 from the Water and Ord. No. 17408- Sewer Operating Fund to the Water Capital Project Fund in the amount of 02-2007 $53,925.00 and Sewer Capital Project Fund in the amount of $64,840.00; Amendment No. adopting Appropriation Ordinance No. 17408-02-2007 increasing estimated 13 to CSC No. receipts and appropriations in the Water Capital Projects Fund in the amount of 24833 - $53,925.00 and the Sewer Capital Projects Fund in the amount of $64,840.00 LopezGarcia from a Water and Sewer Operating Fund transfer, for the purpose of executing Group Amendment No. 13 to City Secretary Contract No. 24833 with LopezGarcia Group to provide additional engineering services; and authorizing the City Manager to execute Amendment No. 13 to City Secretary Contract No. 24833 with LopezGarcia Group for water and sanitary sewer main line relocations for Rosedale Street (U.S. 287 to Forest Park Boulevard) (City Project No. 00138) in the amount of $104,565.00 to provide additional engineering services, thereby increasing the contract amount to $698,486.50. Subsequent amendments, if necessary, will be processed administratively up to a $25,000.00 total. C-21976 M&C C-21976 - Authorizing the transfer of $31,251.00 from the Water and Ord. No. 17409- Sewer Operating Fund to the Sewer Capital Project Fund in the amount of 02-2007 $31,251.00; adopting Appropriation Ordinance No. 17409-02-2007 increasing McClendon estimated receipts and appropriations in the Sewer Capital Projects Fund in the Construction amount of$31,251.00 from a Water and Sewer Operating Fund transfer, for the Company, Inc. purpose of executing a contract with McClendon Construction Company, Inc., for Project No. 00181, Pavement Reconstruction, Drainage Improvements and Sanitary Sewer Replacement; and authorizing the City Manager to execute a contract with McClendon Construction Company, Inc., in the amount of $242,818.25 for Pavement Reconstruction, Drainage Improvements and Sanitary Sewer Replacement on Vera Cruz Street (Oscar Avenue to Hutchinson Street), Oscar Avenue (Vera Cruz Street to Northeast 32nd Street) and Northeast 32nd Street (Oscar Avenue to Hutchinson Street). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 9 of 32 C-21977 M&C C-21977 - Authorizing the City Manager to execute Change Order No. 2 Change Order No. to City Secretary Contract No. 33507 with S.J. Louis Construction of Texas, 2 to CSC No. Ltd., for Walnut Creek Sanitary Sewer, Phase I (City Project No. 00343), in the 33507 - S.J. Louis amount of$81,971.25 thereby increasing the contract amount to $2,545,432.14. Construction of Texas, Ltd. C-21978 M&C C-21978 - Authorizing the reallocation of Community Development Advanced Paving Block Grant Year XXVI surplus funds in the amount of $29,000.00 to the Company Eugene McCray Community Center project; and authorizing the City Manager to execute a contract with Advanced Paving Company in the amount of $79,935.30 for parking expansion at Eugene McCray Community Center. C-21979 M&C C-21979 - Authorizing the City Manager to execute a contract with Ord. No. 17410- North Central Texas Council of Governments (NCTCOG) for funds from the 02-2007 Social Services Block Grant in the amount of $325,000.00 to provide North Central employment related transportation services to persons displaced by Hurricane Texas Council of Katrina; and authorizing the use of existing personnel, office equipment, office Governments space, and donated goods and services for the City's in-kind match with an anticipated value of $325,000.00; and adopting Appropriation Ordinance No. 17410-02-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $650,000.00, subject to receipt of the Social Services Block Grant from the North Central Texas Council of Governments, for the purpose of funding employment related transportation services to persons displaced by Hurricane Katrina; and authorizing a non-interest bearing interfund loan from the General Fund in the amount of $125,000.00 to the Grants Fund to be repaid upon receipt of funds from NCTCOG. C-21980 M&C C-21980 - Authorizing the City Manager to execute an engineering Baird, Hampton & agreement with Baird, Hampton & Brown, Inc., in the amount of $80,864.00 Brown, Inc. for the design and preparation of construction documents for replacement of park roads and parking and rectifying of several erosion and drainage problems at Trinity Park. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Silcox, Presentations by that the following individuals be appointed to the Animal Shelter Advisory City Council Committee effective February 20, 2007, and with terms expiring as indicated: Appointments CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 10 of 32 Place No. Name Expiration 2 Dr. Robert Norris (Veterinarian) October 1, 2008 4 Jerry Cook(Citizen) October 1, 2008 7 Margaret Thomas (Animal Welfare Org) October 1, 2007 The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino made a motion, seconded by Council Member Jordan, that the following individuals be appointed to the Fort Worth Commission for Women effective February 20, 2007, and with terms expiring as indicated: Place No. Name Expiration 10 Judy Wang (All Asian American Chamber) October 1, 2007 11 Kathy Lanier(Harris Methodist Health October 1, 2007 Foundation) 13 Joy Thomas (Delta Sigma Theta, Inc.) October 1, 2007 16 Triesha Light(TCC/Women in New Roles) October 1, 2007 18 Shari Macioch(Texas Business & October 1, 2007 Professional Women) The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino made a motion, seconded by Council Member Davis, that Jim Austin be reappointed to another term on the Tarrant County 9-1-1 District Board of Managers effective February 20, 2007, and with a term expiring April 1, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino made a motion, seconded by Council Member Wheatfall, that the following individuals be appointed to the Minority and Women Business Enterprise Advisory Committee effective February 20, 2007, and with terms expiring as indicated: Name Representing Expiration Dean Bridges American Indian Chamber October 1, 2007 David Berzina Fort Worth Chamber October 1, 2007 Marilou Martinez-Stevens Hispanic Chamber October 1, 2007 Monte Elliott Metropolitan Black October 1, 2007 Chamber Reba Henry Henry Consulting October 1, 2007 Javier Lucio RPGA Architects October 1, 2007 Wyntress Ware Ware &Associates October 1, 2007 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 11 of 32 Name Representing Expiration Rita R. Utt Law Office of Rita October 1, 2007 Rodriguez Utt Patricia Briggs Women in Construction October 1, 2007 Ann Kovich Tarrant County Chapter of October 1, 2007 the Council of Engineering Companies Doug Alumbaugh QUOIN—An AGC Chapter October 1, 2007 The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino made a motion, seconded by Council Member Davis, that the following individuals be appointed to the Downtown Design Review Board effective February 20, 2007, and with terms expiring as indicated: Place No. Name Expiration 1 J.D. Granger(Business Owner/ October 1, 2007 Manager) 2 Raymond O'Connor(Design October 1, 2008 Professional) 3 William Becker(Real Estate) October 1, 2007 4 Ames E. Fender(Design Professional) October 1, 2008 5 Kenneth Moczulski (Real Estate) October 1, 2007 7 Art Lazo (Architect) October 1, 2007 The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis made a motion, seconded by Council Member Espino, that Joel Burns be removed from the Appeals Board and Brandi O'Quinn be appointed to the Appeals Board effective February 20, 2007, and with a term expiring October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis made a motion, seconded by Council Member Jordan, that Brandi O'Quinn be removed from the City Zoning Commission and Joel Burns be appointed to the City Zoning Commission effective February 20, 2007, and with a term expiring October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief requested the Council's consideration to appoint Larry Walther to Place 1 on the Community Development Council. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 12 of 32 Council Member Burdette made a motion, seconded by Council Member Espino, that Larry Walther be appointed to Place 1 on the Community Development Council effective February 20, 2007, and with a term expiring October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Moncrief requested that City Secretary Hendrix read Council Proposal Nos. 260 and 261 in succession as they were related to the Senior Tax Feeze. He advised that these were not action items today and would not be considered until the March 6, 2007, Council meeting. C.P. No. 260 There was presented Council Proposal No. 260 that the City Council direct staff Prepare Ordinance to prepare an ordinance establishing a freeze on the amount of property taxes to Implement Freeze imposed on residential homesteads owned by persons aged 65 and over and on Property Taxes persons with disabilities, in accordance with Texas Constitution, Article VIII, Imposed on Section 1-b(h). Residential Homesteads C.P. No. 261 There was presented Council Proposal No. 261 that the City Council direct staff Prepare Ordinance to prepare an ordinance calling an election on the question of whether to to Call Election of establish a freeze on the amount of property taxes imposed on residential Whether to homesteads owned by persons aged 65 and older and persons with disabilities, Implement Freeze in accordance with Texas Constitution, Article VIII, Section a-b(h). on Property Taxes Imposed on Residential Homesteads Louis McBee Mr. Louis McBee, 5513 Aspen Lane, representing the Fort Worth Alliance for Responsible Government, appeared before Council in support of both Council Proposals. He inquired about the timeline needed to place the tax freeze on the ballot. He stated he thought it was 70 days, thus action on this item for the March 6th meeting would be past the time to call the election. He asked for a clarification when the election could be called. He referenced issues discussed in the Pre-council meeting on this item. He pointed out that Fort Worth was the only entity in Tarrant County that had not passed the tax freeze for seniors as Tarrant County College had done so by action of their board and the voters approved it in November for Tarrant County. He requested the Council's support for moving forward today with CP 261 and suggested that if the Council wanted to approve CP 260 on March 6th, then they could do so and rescind CP 261. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 13 of 32 Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in support of Council Proposal No. 260. He advised that senior citizens would not quit paying taxes if the tax freeze was approved or not approved. He added there are tax inequities existing all over the City now. He pointed out that tax payers were paying for certain services outside of their tax bill that other cities with lower tax rates actually include in their tax bills, e.g., garbage, sewer changes and storm water runoff charges, all of which were taxed separately in Fort Worth in the water bill. He added that while this would be a measure to give some tax relief to seniors, it would not eliminate all the burdens of home ownership. He encouraged the Council to support senior citizens and vote in favor of the tax freeze and to vote today on it. Council Member Wheatfall stated that this issue had been debated extensively. He made a motion, seconded by Council Member Silcox to suspend the rules and take action on the Council Proposals today. City Attorney Yett stated that it would take a favorable vote of six Council Members to suspend the rules and act on either Council Proposal. He advised that if Council Proposal No. 261 was adopted on March 6, 2007, the election could be called by March 12, 2007, by Special Meeting. Council Member Silcox stated that since Council would have sufficient time to call the election, he suggested that the motion to suspend the rules be withdrawn. He asked for confirmation that both Council Proposals would be included on the March 6, 2007, City Council agenda. Council Member Jordan requested clarification on the CP's. He pointed out that the CP's were not to vote on the tax freeze but to direct the staff to prepare the appropriate ordinances for the Council's consideration. City Attorney Yett concurred with his statement. Council Member Silcox withdrew his second to the motion to suspend the rules and Council Member Wheatfall withdrew his motion. City Attorney Yett stated that both items would be on the March 6, 2007, agenda. 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 FEBRUARY 20, 2007 PAGE 14 of 32 Agenda Item XHI There was presented a resolution supporting furtherance of competition in the Res. No. 3455-02- cable communications industry as currently provided by Chapter 66 of the 2007 Texas Utilities Code (Senate Bill 5, 79th Legislature, 2d C.S.). Support Competition in Council Member Davis made a motion, seconded by Council Member Espino, Cable that Resolution No. 3455-02-2007 be adopted. The motion carried Communications unanimously nine (9) ayes to zero (0) nays. Industry Res. No. 3456-02- There was presented a resolution adopting the City of Fort Worth's 2007 2007 Federal Legislative Program. Adopt 2007 Federal Council Member Davis made a motion, seconded by Council Member Espino, Legislative that Resolution No. 3456-02-2007 be adopted. The motion carried Program unanimously nine (9) ayes to zero (0) nays. Res. No. 3457-02- There was presented a resolution adopting applicable sections of the Texas 2007 Municipal League's (TML) 2007 Legislative Program. Adopt Sections of TML's 2007 Council Member Davis stated that it was important for the City to work with Legislative TML on legislation to address the purchase of park property by the state that Program would require that the state abide by the same requirement of municipalities and other jurisdictions. The requirement was that if the state purchased land for the purpose of park property then in order to sell or change the use of the property, the state would be bound by a vote of the citizenry. Council Member Silcox stated that municipalities needed to place pressure on Austin to make them understand everyone had to play by the same rules. He suggested working with TML or another agency to get the state to look at reducing unfunded mandates which could cause the City a reduction in needed expenditures. He added that the state needed to abide by the same rules applied to the City. Council Member Jordan clarified that he could not agree more with Council Members Silcox and Davis that the intent across the board was to maintain local control and that all government should be down at the lowest possible level. He stated that sometimes the City was placed in limbo when making revenue decisions because Austin had some sort of "Sword of Damocles" hanging over cities' heads and added that it was the Council's responsibility as elected officials to do what was best for the citizens and that if someone else was controlling the City's purse strings that was a problem. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 15 of 32 Mayor Moncrief suggested including a letter on behalf of the Council that would accompany a copy of the City's legislative program to the City's delegates advising them of how the City felt about this situation. Council Member Silcox suggested the entire Council sign the letter. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Resolution No. 3457-02-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Resolution and There was presented a resolution authorizing the City Manager to enter into an Ordinance for the agreement with the Tarrant Regional Water District for the purchase and use of Purchase and Use Eagle Mountain Lake Park; and adopting an appropriation ordinance increasing of Eagle Mountain appropriations in the General Fund in the amount of $500,000.00 and Lake Park- decreasing the unreserved, undesignated fund balance by the same amount, for Delayed Until the purpose of purchasing approximately 400 acres located in Tarrant County, Later on Agenda Texas, bordering the east side of Eagle Mountain Lake south of Peden Road and west of Morris Dido Newark Road for Tarrant County and the City of Fort Worth citizens. (Council Member Scarth left the dais.) Joe Waller Mr. Joe Waller, 2533 Castle Circle, President of the Lake Worth Alliance, spoke before the Council on this item. He stated that the Alliance supported optimum utilization of area assets and fiscal responsibility, conservation and protection of undeveloped land and environmental safeguards and quality of life issues. He pointed out that this item was a good opportunity. He felt it was reasonable for the City to be a stakeholder in this project. He added they did support it for use as park land. He expressed discontent with the manner in which this issue came down through the state. He thanked Council Member Burdette for his earlier words and the Council for supporting the Alliance's cause to clean and dredge Lake Worth. He summarized the underused assets of Lake Worth to Fort Worth and that $50 to $100 million from the Barnett Shale was needed to provide cleaner water for drinking and recreation and a cleaner supply for the Trinity River Vision project. He expressed to the Council the need to move forward, but cautioned the Council on the open endedness of the resolution. He provided more information about the need to enhance Lake Worth. Council Member Burdette stated that one reason the Council was considering the purchase of Eagle Mountain Lake was because it would make a great public park for everyone to use. He reminded everyone that Lake Worth was already CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 16 of 32 owned by the City and that parkland was very valuable and in order to maximize that value, it was important that resources be dedicated to clean the lake. (Council Member Scarth returned to his place at the dais.) Council Member Espino stated that Council's support of this resolution would preserve 14 acres of pristine parkland and free access to the lake that would benefit everyone. He added that the City would partner with several agencies in the spirit of regionalism to make this happen. He further stated that it was an opportunity to keep this green space for future generations. Richard Fish Mr. Richard Fish, 8909 Crosswind Drive, President of Save Eagle Mountain Lake, Inc., appeared before Council in support of this issue. He stated that he had worked on this issue for several months and expressed appreciation to the Council and Council Member Burdette for helping to get this done. He added that with the money they were receiving from various agencies, they were only $1 million short of their goal. Thomas Mr. Thomas Nezworski, 4113 Modlin Avenue, appeared before Council in Nezworski opposition of the resolution. He provided a chronological history on Eagle Mountain Lake and stated that it was purchased for $3.9 million in state dollars, and that it was to never be a park, but a green space buffer to deny access to the lake. He added that there was not any interest in the lake until about four years ago when the state, after being required by the Sunset Law in Austin to review the Texas Park and Wildlife Commission, looked at all underused or under utilized assets that the state park system had. He added that the study concluded Eagle Mountain Lake was ill-suited and not positioned well to be a park and that it should be sold and that money reinvested in state park land. He offered that the state was required by state law to decide what to do with under utilized assets and that the property was probably worth as much as $15 million. He stated Representative Charles Geren and those interested in this project in 2002 with the trust for public land had an opportunity in 2003 to buy this piece of property for $5 million and could not get it done. He pointed out that the Fort Worth City Council passed a resolution in 2003 stating that the City would not participate in the project, as did the Tarrant Regional Water District. He stated that if the City believed that there would be access to the lake for the citizens of Fort Worth, he asked that the City ask the question of those who would be in charge with operating the park. He added that he had never seen a plan and was told that it was going to be a hiking, biking, limited use, limited access park; no boat ramps, no fishing piers, no nothing and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 17 of 32 admission fees would be charged. He stressed that to spend $500,000.00 on an arm twisting situation, he would just say "no" like the Council did in 2003. He urged the Council to delay voting on this issue and obtain more information before turning over the money. Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in opposition of this issue. He stated that it was clearly the responsibility of the Tarrant Regional Water District (TRWD) to maintain recreational facilities on the lakes and rivers it controls, which they had advocated in the past. He stated that he had a boat on Eagle Mountain Lake and he wanted the park developed with boat ramps constructed at the water's edge, but he did not agree that the City of Fort Worth should pay for the property. He added that giving tax money away to an entity that was not in the City was improper use of the City's tax funds. He pointed out that before the Council invests the City's tax money, they needed to take care of City parks and City property and let those responsible for Eagle Mountain Lake take care of that lake. Council Member Davis expressed her concern on this issue. She stated that the state was asking the same tax paying community that paid for it once to pay for it at three times the amount it was originally purchased for. She added that the state was also reaping the benefits of the mineral rights on that property and their intent was to put those monies into the state's park operational fund and not to dedicate them in any specific way to this particular park property. She further stated there are important reasons to move forward with this opportunity as pointed out by speakers and input she has received from the community. She said one of these is access to the lake and was an important reason why the City was doing this and TRWD was going to be the owner and manager of the lake. She asked City Manager Boswell that before the City wrote the $500,000.00 check that he assured the TRWD's agreement that access would be part of what they would do as the future owner of the lake. She further stated that she understood by state law that the use of those funds being generated from the mineral rights by have to go into their state's operational funding for the state park system as a whole and that she believed there was still an opportunity for these tax payers who were being asked to pay twice for a piece of property to have their money returned through the opportunity to purchase mineral rights at a below cost rate from the state in order to generate some of those revenues back to the taxing jurisdictions that were being asked to pay for that park property today. She stated that she disagreed with the point that because this was immediately outside the boundary of Fort Worth that the City should not be involved in a solution. She added that she did think the City's back was to the wall on putting a solution on the table and stated that she thought the citizens of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 18 of 32 Fort Worth would benefit from this park property. She added that she hoped the City would go forward in trying to work through some of the issues and wished that the City did not have a $500,000.00 cost being imposed by not voting on this today as she did feel that the City was being rushed and that there was room for conversations on some of the outstanding issues. Council Member Jordan recommended that the Council write a letter or resolution to Austin requesting that they use their gas well revenue for either reimbursement or endowment to this park in support of the citizens of this region. Mayor Pro tem Hicks stated that she had come to the conclusion that it would be hypocritical for her as someone who had been a long time supporter of parks to not support this in an area that had seen such heavy growth. However, she added that the City must continue to be committed to Fort Worth parks, many of which had been severely under funded and forgotten for far too long. Council Member Scarth stated that to say that just because the lake was not in the City limits that it did not benefit the City's residents was short-sighted and denied the fact that cities cross boundaries every day. He added that it was important for the City to join with the rest of the governmental agencies to make this happen. He further stated that he did like the idea of getting some type of commitment from TRWD that there was access to the lake from the park and that he would certainly like to see gas well revenues being used to fix up the park and create recreational opportunities for everyone. City Manager Boswell requested clarification if the wording of the second paragraph of the proposed resolution in the Resolve section should be amended to make that direction conditional on meeting the concerns expressed by Council Members Davis and Scarth. Mayor Moncrief stated that he would set this issue aside before the vote was taken to ensure the correct wording was used on the amendment. (See page 23) Agenda Item XIV There was presented an ordinance amending Ordinance No. 17395-02-2007 Ord. No. 17411-02- ordering a general election by the qualified voters of the City of Fort Worth, 2007 Texas, on Saturday, the 12th day of May, 2007, for the purpose of electing the Amend Ord. No. Mayor and Council Members for the City of Fort Worth to add additional early 02y VIo ting to Add Early Vo voting locations and change and add additional voting day locations. Add E Locations and Council Member Silcox made a motion, seconded by Council Member Jordan, Change and Add that Ordinance No. 17411-02-2007 be adopted. The motion carried Voting Day unanimously nine (9) ayes to zero (0) nays. Locations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 19 of 32 Council Member Espino requested the City Secretary revisit the use of J. Lyndal Hughes Elementary School for voters in Precinct 3417. He added while they are in the Northwest ISD their subdivision is closer to the Woodland Springs Elementary School polling location. AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15536 It was the consensus of the City Council that Mayor and Council Withdrawn Communication No. G-15536, Adoption of Ordinance Amending Chapter 34, "Vehicles for Hire" Article VI "Ground Transportation for Hire", of the Code of the City of Fort Worth and Adoption of the Fee Schedule for Ground Transportation Services, be withdrawn from consideration. G-15536 There was presented Mayor and Council Communication No. G-15536 (Corrected) (Corrected) from the City Manager recommending that the City Council adopt Ord. No. 17412- an ordinance amending Chapter 34, "Vehicles for Hire" Article VI "Ground 02-2007 Transportation for Hire," of the Code of the City of Fort Worth, Texas (1986), Amend Chapter as amended, to reflect the procedural changes in granting authority to operate a 34, Article VI of vehicle for hire on the public streets, alleys and thoroughfares of the City of City Code Fort Worth; adopt the Fee Schedule for Ground Transportation Services; and authorize the changes to Chapter 34, "Vehicles for Hire" and the new Fee Schedule to become effective March 1, 2007. Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15536 (Corrected) be approved and Ordinance No. 17412-02-2007 be adopted. 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 Withdrawn Communication No. G-15586, Adopt an Ordinance Amending Section 2-210(b) "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 Vested Employees Retirement, be withdrawn from consideration. Public Hearing It appeared that the City Council, at its meeting of January 23, 2007, continued G-15598 the public hearing for conversion of parkland at Sycamore Creek Golf Course Convert Parkland for the purpose of subsurface drilling and extraction of natural gas from an off- for Purpose of site location. Mayor Moncrief opened the public hearing and asked if there was Subsurface anyone present desiring to be heard. Drilling and Extraction of (Council Member Espino left the dais.) Natural Gas CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 20 of 32 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. G-15598, as follows: There was presented Mayor and Council Communication No. G-15598, dated January 23, 2007, 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 66.22 acres of parkland situated in the Sycamore Creek Golf Course, located in portions of land found in James Sanderson Survey, Tarrant County, Texas. Mayor Pro tem Hicks stated that she met with staff and the District 8 representative to the Golf Advisory Board and that there was still a lot of discussion to be held between the Council and City staff about what would be the City's policy when it came to golf courses, i.e., how the money would be used. She referred to the deficit that the golf courses owe to the General Fund and she expressed hope that some of the money would be used to pay back that deficit. She asked that the City have some specific guidelines about where this process was going because there needs to be some tangible benefits from drilling in the community. 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. G-15598 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15611 City Secretary Hendrix stated that Mayor and Council Communication No. G- Heard After 15611 was removed from the consent agenda for individual consideration and PZ-2726 would be heard after Mayor and Council Communication No. PZ-2726. (See page 24) G-15612 It was the consensus of the City Council that Mayor and Council Continued Until Communication No. G-15612, Authorize Temporary Closure of Main Street March 6, 2007 from 3rd Street through 9th Street and 3rd Street through 9th Street from Houston Street to Commerce Street for The Gran Fiesta De Fort Worth 2007, be continued until the March 6, 2007, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 21 of 32 G-15614 There was presented Mayor and Council Communication No. G-15614 from Res. No. 3458-02- the City Manager recommending that the City Council adopt a resolution 2007 ratifying the lawsuit entitled City of Fort Worth v. Site Concrete, Inc., and Ratify Lawsuit Arcadia Park, L.P., filed in the Tarrant County District Court by outside Entitled City of counsel Whitaker Chalk Swindle & Sawyer, L.L.P. Fort Worth v. Site Concrete, Inc., Council Member Davis made a motion, seconded by Council Member Silcox, and Arcadia Park, that Mayor and Council Communication No. G-15614 be approved and L.P., Filed in Resolution No. 3458-02-2007 be adopted. The motion carried unanimously Tarrant County eight (8) ayes to zero (0) nays, with Council Member Espino absent. District Court G-15615 There was presented Mayor and Council Communication No. G-15615 from Ord. No. 17413- the City Manager recommending that the City Council approve an ordinance 02-2007 adopting the City of Fort Worth 2007 Comprehensive Plan; analyzing Adopt 2007 population, economic and financial trends; describing municipal services and Comprehensive facilities; describing economic and technological issues affecting development; Plan describing implementation tools; dividing the City into 16 planning sectors; providing maps describing proposed future land uses and recommended land use policies for each sector; establishing goals and recommended policies. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15615 be approved and Ordinance No. 17413-02-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15616 There was presented Mayor and Council Communication No. G-15616 from Ord. No. 17414- the City Manager recommending that the City Council authorize the City 02-2007 Manager to apply for and accept, if awarded the FY 2007 Grant to Encourage Apply and Accept Arrest Policies and Enforcement of Protection Orders Program from the U. S. FY 2007 Grant to Department of Justice, Office of Violence Against Women in the amount of Encourage Arrest $750,000.00; approve an agreement to have the City of Fort Worth serve as the Policies and cognizant fiscal agency on the grant for Safe Haven of Tarrant County; and Enforcement of adopt an appropriation ordinance increasing estimated receipts and Protection Orders appropriations in the Grants Fund in the amount of $750,000.00, subject to Program and receipt of the Office of Violence Against Women's Grant, U.S. Department of Execute Justice, to Encourage Arrest Policies and Enforcement of Protection Orders Agreement with Program for the purpose of investigation, arresting and prosecuting of domestic Safe Haven of violence offenders. Tarrant County CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 22 of 32 Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-15616 be approved and Appropriation Ordinance No. 17414-02-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. L-14284 City Secretary Hendrix stated that Mayor and Council Communication L- Withdrawn 14284, Authorize the Direct Sale of Two Tax Foreclosed Properties Located at the Corner of East Berry Street and Village Creek Road in East Fort Worth in Accordance with Section 34.05 of the Texas State Property Tax Code to Mount Tabor Christian Center (DOE 920), had been removed from the Consent Agenda for individual consideration and then withdrawn. Mayor Moncrief stated that Pastor Elvis Bowman had completed a Citizen Presentation Card in favor of this issue and asked Pastor Bowman if he still wanted to address the Council even though the item had been withdrawn from consideration. (Council Member Espino returned to his place at the dais.) Elvis Bowman Pastor Elvis Bowman, 2513 S. Edgewood Terrace, representing Greater Mount Tabor Christian Center, appeared before Council in support of this issue. He stated that the church had been in the neighborhood for 40 years and that they were committed to development of southeast Fort Worth. He assured the Council that their project, Hope Springs Village remained unchanged and that they were moving forward with the project. He added that as of December 5, 2006, the church had met their responsibility and had paid the tax foreclosure fee of over $270,000.00 and he asked that they be allowed to move forward. Council Member Wheatfall stated that this issue was part of a larger plan that dealt with housing, retail and an event center. He added that it had come to his knowledge that an adjacent property would be use for gas well drilling. He asked that this agenda item be removed from consideration to look at the mineral rights with regard to the property and questioned whether there were any protectionary measures for this property on the corner of Berry and Village Creek to prevent a drill well site from going up on this corner. He advised that if there was no legal way for the City to do that, then it changed the immediate nature of the use of the property and he thought it should go out for a sealed bid sale to maximize the revenues to the City. Mayor Moncrief returned to Item XIII4 relative to the resolution for the purchase of Eagle Mountain Lake. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 23 of 32 Res. No. 3459-02- There was presented a resolution authorizing the City Manager to enter into an 2007 agreement with the Tarrant Regional Water District for the purchase and use of Ord. No. 17415- Eagle Mountain Lake Park; and adopting an appropriation ordinance increasing 02-2007 appropriations in the General Fund in the amount of $500,000.00 and Purchase and Use decreasing the unreserved, undesignated fund balance by the same amount, for of Eagle Mountain the purpose of purchasing approximately 400 acres located in Tarrant County, Lake Park Texas, bordering the east side of Eagle Mountain Lake south of Peden Road and west of Morris Dido Newark Road for Tarrant County and the City of Fort Worth citizens. Council Member Davis proposed the following amendment to the resolution: Amend second paragraph under NOW, THEREFORE portion to read: The City Council hereby authorizes and directs the City Manager to execute an agreement with the Tarrant Regional Water District for the purchase, use and maintenance of the park and access including but not limited to pedestrian and watercraft access to Eagle Mountain Lake from that parkland for Tarrant County and the City of Fort Worth citizens. Add new paragraph 4 as follows: Request that the City Manager explore working with Tarrant County, the Tarrant Regional Water District and the State for the dedication of mineral interest proceeds generated from the park toward future improvement and maintenance of that parkland. Council Member Espino made a motion, seconded by Council Member Silcox, that Resolution No. 3459-02-2007 be adopted as amended and Appropriation Ordinance No. 17415-02-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2726 There was presented Mayor and Council Communication No. PZ-2726 from the Ord. No. 17416- City Manager recommending that the City Council institute and consider the 02-2007 adoption of an ordinance declaring certain findings; providing for the extension Voluntary of certain boundary limits of the City of Fort Worth; providing for the Annexation annexation of an approximately 0.7429 acre tract of land located west of Alta (AX-07-001,Alta Vista Road and south of Golden Triangle Boulevard, situated in Lots 2 and 3 in Vista Storage) Block 1 of Hugh Arnold Addition, an addition to Tarrant County, Texas (Case No. AX-07-001, Alta Vista Storage), which said territory lies adjacent to and adjoins the present corporate boundary limits of Fort Worth, Texas; providing that the territory annexed shall bear its pro rata part of taxes; providing that the inhabitants thereof shall have all the privileges of all the citizens of Fort Worth, Texas; providing that this ordinance shall amend every prior ordinance in conflict herewith; providing that this ordinance shall be cumulative of all prior ordinances not in direct conflict. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 24 of 32 Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2726 be approved and Ordinance No. 17416-02-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15611 There was presented Mayor and Council Communication No. G-15611 from Ord. No. 17417- the City Manager recommending that the City Council adopt an ordinance 02-2007 amending Section 2, 3 and 7 of Ordinance No. 7323, as amended, by revising Revise Exterior the exterior boundary of City Council Single-Member District 2, 3 and 7 to Boundaries and incorporate territory annexed by the City of Fort Worth for full purposes; and Approve Single- approve amendment of the Single-Member District Map to reflect annexations Member District and boundary adjustment in Council Districts 2, 3 and 7. Map to Reflect Annexations and Council Member Espino made a motion, seconded by Council Member Jordan, Boundary that Mayor and Council Communication No. G-15611 be approved and Adjustments of Ordinance No. 17417-02-2007 be adopted. The motion carried unanimously Council Districts nine (9) ayes to zero (0) nays. 2, 3, and 7 C-21962 There was presented Mayor and Council Communication No. C-21962, dated Ord. No. 17418- February 6, 2007, from the City Manager recommending that the City Council 02-2007 adopt an appropriation ordinance increasing estimated receipts and Ord. No. 17419- appropriations in the Special Assessments Fund in the amount of$314,209.00 02-2007 from developer contributions for the purpose of transferring said funds to the Centex Homes New Development Fund for the installation of Community Facilities adjacent to serve Poynter Crossing and surrounding developments, Phase IV; authorize the transfer of $314,209.00 from the Special Assessments Fund to the New Development Fund; adopt an appropriation ordinance increasing estimated receipts and appropriations in the New Development Fund in the amount of $314,209.00 from a transfer from the Special Assessments Fund for the purpose of funding the installation of Community Facilities to serve Poynter Crossing, Phase IV and surrounding developments; and authorize the City Manager to remit a check in the amount of$314,209.00 made payable to Centex Homes for the installation of drainage improvements to serve Poynter Crossing, Phase IV and surrounding developments, pursuant to the certain Community Facilities Agreement between the City and Centex Homes (City Secretary Contract No. 32146, M&C C-20459 approved December 21, 2004). Council Member Burdette stated that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 25 of 32 Council Member Jordan made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21962 be approved and Appropriation Ordinance Nos. 17418-02-2007 and 17419-02-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Burdette abstaining. (Mayor Pro tem Hicks left the dais.) C-21981 There was presented Mayor and Council Communication No. C-21981 from the Res. No. 3460-02- City Manager recommending that the City Council adopt a resolution reflecting 2007 the increased fees of$210,373.94 paid and revising the maximum amount to be Cantey &Hanger paid to Cantey & Hanger to $600,000.00 for assisting the City Attorney in representing the City of Fort Worth regarding legal issues concerning Southwest Parkway (SH 121T). Council Member Burdette stated that he had filed a Conflict of Interest Affidavit with the City Secretary and would abstain from voting on this issue. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21981 be approved and Resolution No. 3460-02-2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks absent and Council Member Burdette abstaining. C-21982 There was presented Mayor and Council Communication No. C-21982 from the Ord. No. 17420- City Manager recommending that the City Council authorize the transfer of 02-2007 $912,294.68 from the Water and Sewer Operating Fund to the Water Capital Jackson Projects Fund in the amount of $519,670.25 and the Sewer Capital Projects Construction, Ltd. Fund in the amount of $392,624.43; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$519,670.25 and the Sewer Capital Projects Fund in the amount of $392,624.43 from available funds for the purpose of executing a contract with Jackson Construction, Ltd., for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement City Project No. 00299; and authorize the City Manager to execute a contract with Jackson Construction, Ltd., in the amount of $1,941,629.00 for Pavement Reconstruction and Water and Sanitary Sewer Main Replacement on Hedrick Street (Premier Street to Chesser Boyer Road, Cindy Drive (Fairview Street to 300' East of Wesley Street), Gay Street (Fossil Drive to Cindy Drive) and Lakeland Street (Chesser Boyer Road to Cindy Drive) (City Project No. 00299). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 26 of 32 Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21982 be approved and Appropriation Ordinance No. 17420-02-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. C-21983 There was presented Mayor and Council Communication No. C-21983 from the Interstate City Manager recommending that the City Council authorize the City Manager Industrial to enter into a new lease agreement with Interstate Industrial Properties, L.P., Properties, L.P. for property located at 2222 Wenneca Avenue for the Fire Department's Arson Division; and authorize a five-year lease agreement, contingent upon funds being appropriated each of the five years, and authorize the renewal of the lease as necessary for up to three successive twelve-month periods. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-21983 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. Agenda Item XVI It appeared that the City Council set today as the date for a public hearing to First Public consider entering into a Strategic Partnership Agreement and the limited Hearing to purpose annexation of a 7.76-acre portion of the Fort Worth Municipal Utility Consider Strategic District No. 2 of Tarrant County. Mayor Moncrief opened the public hearing Partnership and asked if there was anyone present desiring to be heard. Agreement and Limited Purpose Ms. Susan Alanis, Development Department Assistant Director, appeared Annexation before Council and gave a staff report. (Council Member Silcox left the dais and Mayor Pro tem Hicks returned to her place at the dais.) Council Member Davis requested that staff provide information at the second public hearing relative to the Strategic Partnership Agreement as she was interested in what the conditions of the agreement were, i.e., development plans, specifications, etc., that would be part of how the development would go forward. There being no one present desiring to be heard in connection with the first public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed. The motion carried unanimously eight (8) ayes and zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 27 of 32 AGENDA ITEM XVIIA — 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 been given by publication in the Commercial Recorder, the official newspaper of the City of Fort Worth, on January 22, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-281 There was presented Zoning Docket No. ZC-06-281, application of Rental Approved Enterprises, LLC, for a change in zoning of property located at 7125, 7137 and 7219 East Lancaster Avenue from "E" Neighborhood Commercial and "FR" General Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial (Lots 5A and 6), and "FR" General Commercial Restricted (Lots 3 and 4), plus other uses described as follows, and with site plan recommended. LANDSCAPING: 30' landscape buffer along Lancaster Avenue with 1 tree for every 500 square feet of bufferyard area, plus 1 shrub for every 50 square feet of bufferyard area OUTDOOR Outside bulk material and equipment allowed, STORAGE: as related to landscaping, screened from Lancaster Avenue. Council Member Wheatfall inquired what would be constructed at this site. 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 a landscaping business would be constructed at this location that was previously used by a mobile home business. He added all of the mobile homes had been removed. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-06-281, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 28 of 32 ZC-06-296 It appeared that the City Council, at its meeting of January 18, 2007, continued Approved the hearing of the application of the City of Fort Worth for a change in zoning of property located in the 3900 and 4000 blocks of Byers Avenue from `B" Two Family Residential to "A-5" One Family Residential, Zoning Docket No. ZC-06-296. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Kelly Jo Nial Ms. Kelly Jo. Nial, 1909 Belle Place, appeared before Council in support of the zoning change. She provided maps of the area that reflected the changes over the past year and stated that over 400 parcels had been rezoned. She stated that the zoning change was consistent with the Comprehensive Plan and requested the Council's favorable consideration. Glenn Tidwell Mr. Glenn Tidwell, 3916 Byers Avenue, appeared before Council in opposition of the zoning change. He stated that when the signature petition for the zoning change was filed with the City, someone from the Arlington Heights Neighborhood Association mistakenly placed Bryce Avenue on the petition rather than Byers Avenue and when it was submitted to the Planning Department, someone in that department took it upon himself to strike through Bryce Avenue and replace it with Byers which he felt was a presumptuous act that was an altering of a document. He referenced information on the City's Zoning Change Amendment Application which was worded "Incomplete or Inaccurate Applications Will Not Be Accepted". Mr. Tidwell stated that in his opinion, the petition was inaccurate. He advised that the 4000 Block of Byers also submitted an application, but at the City Zoning Commission meeting, the 3900 Block and 4000 Block were heard together which greatly diluted the percentages of those in the 3900 Block. He asserted that a majority of residents on this block did not want to be rezoned. (Council Member Silcox returned to his place at the dais.) Beth Kaufmann Ms. Beth Kaufmann, 1600 Frederick Street, appeared before Council in support of the zoning change. She provided rebuttal to Mr. Tidwell's assertions and stated that no one on Byers Avenue indicated they were confused about the petition that listed Bryce, and no one contacted the neighborhood association or called City staff She added that the property owners received two separate subsequent written communications that listed the petition as Byers and no one seemed confused at the public information meeting; nevertheless, the Zoning Committee of the Arlington Heights Neighborhood Association doubled back and asked the property owners to resign and date their signatures and none of them misunderstood what they were signing. She further stated that Mr. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 29 of 32 Tidwell also showed up at the public information meeting and did not indicate that he was confused. She clarified that the separate zoning application for the 3900 Block only of Byers was never filed with the City; the zoning application had always been for 3900 to 4093 Byers and that City staff had verified that the application was in order. She stated that the neighborhood association was trying to align the neighborhood to be consistent with the Comprehensive Plan for future land use. Mr. Fernando Costa, Planning Department Director, advised that the original petition was not valid as it contained inaccurate street addresses, therefore, the neighborhood association rerouted the petition with the correct information and City staff determined that the signatures were valid with the correct addresses. Council Member Burdette stated that he had met with staff on this issue and he was satisfied that both blocks indicated a majority of being in favor of a zoning change from `B-2" to "A-5" and it was appropriate to consider both blocks together. He added that since more than 20 percent of the property owners were opposed, a super majority vote of six Council members would be required for approval. There being no one else present desiring to be heard in connection with the application of the City of Fort Worth, Council Member Burdette made a motion, seconded by Council Member Wheatfall, that the hearing be closed and that Zoning Docket No. ZC-06-296 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-007 There was presented Zoning Docket No. ZC-07-007 and Site Plan No. SP-07-004 SP-07-004, application of Holiday 360 Limited, LTD., for a change in zoning Approved of property located at 14320 Centre Station Drive from "J" Medium Industrial to "PD/SU" Planned Development/Specific Use for all uses in "J" Medium Industrial, plus hotel, with site plan required. Council Member Wheatfall made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-007 and Site Plan No. SP-07-004, be approved with appreciation to Holiday Inn. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-008 There was presented Zoning Docket No. ZC-07-008 and Site Plan No. SP-07-005 SP-07-005, application of Holiday 360 Limited, LTD., for a change in zoning Approved of property located at 4200 Reggis Court from "J" Medium Industrial to "PD/SU" Planned Development/Specific Use for all uses in "J" Medium Industrial, plus a hotel, with site plan required. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 30 of 32 Council Member Wheatfall made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-07-008 and Site Plan No. SP-07-005, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. SP-07-006 There was presented Site Plan No. SP-07-006, application of Town Center Continued Until Mall, L.P., for a change in zoning of property located at 4200 South Freeway, March 6, 2007 250 East Bolt Street and 220 West Seminary Drive for site plan to amend PD- 369 to add a new building, plus additional signage. Council Member Davis made a motion, seconded by Council Member Jordan, that Site Plan No. SP-07-006, be continued until the March 6, 2007, Council meeting. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-009 There was presented Zoning Docket No. ZC-07-009, application of Sendera Approved Ranch PH.-1, DEV. L.P., for a change in zoning of property located in the 13700 and 13800 blocks of Willow Springs Road from "A-21" One Family Residential to "PD/SU" Planned Development/Specific Use for all uses in "A-21" One Family Residential, with 5 foot side yards, and with waiver of site plan recommended. Council Member Espino made a motion, seconded by Council Member Wheatfall, that Zoning Docket No. ZC-07-009, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-013 There was presented Zoning Docket No. ZC-07-013, application of AIL Approved Investment, L.P., et al., for a change in zoning of property located in the 8499 block of Old Denton Road from "PD-710" Planned Development for mixed uses to amend "PD-710" Planned Development for mixed uses, to add language to Area 1 (PD-C) for a minimum of 20 percent open space, with waiver of site plan recommended. Council Member Espino made a motion, seconded by Council Member Burdette, that Zoning Docket No. ZC-067-013, be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by Council Member Burdette, that the hearing be closed and that the following ordinance be adopted: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20, 2007 PAGE 31 of 32 ORDINANCE NO. 17421-02-2007 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 XVIII Ms. Shelley Harper, 6703 Cahoba Drive, representing the East Lake Worth Citizen Neighborhood Association, appeared before Council relative to gas drilling and Presentations environmental sensitivity. She addressed the topography, land elevation, soil erosion and noise at Lake Worth that would be affected by gas drilling. She asked that the Council consider imposing a restricting list of regulations that would preserve Fort Worth's lakes. Council Member Burdette concurred with Ms. Harper's comments and stated that the Engineering Department was working on restrictions for drilling around the lake. Agenda Item XIX It was the consensus of the City Council that they recess into Executive Session Executive Session at 12:50 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) City of Fort Worth v. R.D. Moses and wife, Beverly Moses, et al., Cause No. 2006-043098-2; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING FEBRUARY 20,2007 PAGE 32 of 32 b) City of Fort Worth v. Martin Justin Properties, L.L.C., et al.; c) City of Fort Worth v. Cleopatra Investments Ltd., et al., Cause No. 2005-030005-1; d) Legal issues concerning premature street failures; e) Legal issues concerning the Southwest Parkway(S.H. 121T); f) Legal issues concerning the regulation of handbills and solicitation; g) 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 2:05 p.m. Agenda Item XX There being no further business,the meeting was adjourned at 2:05 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 6th day of March, 2007. Attest: Approved: Marty He drix Michael J. ncrief City Secretary Mayor