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HomeMy WebLinkAbout2007/03/06-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 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 7:03 p.m. on Tuesday, March 6, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item II The invocation was given by Reverend William Jackson, Samaria Missionary Invocation Baptist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Mayor Moncrief asked everyone to remember the men and women serving in the armed forces who were in other countries defending freedom. Agenda Item IV Upon a motion of Council Member Wheatfall, seconded by Council Member Approval of Espino, the minutes of the regular meeting of February 20, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Davis presented a Proclamation for Women's History Month to Special Allison J. H. Thompson, Co-Chair, Hattitude...Hats Off to Women, and a Presentations Proclamation for Fort Worth Outstanding Women's Day to Sandra Stanley, Opening Doors for Women in Need and Mary Lee Hafley, CEO for Safehaven of Tarrant County, Alpha Chi Omega, Texas Christian University Chapter. (Mayor Pro tem Hicks left the dais and did not return to the meeting.) Council Member Wheatfall presented a Proclamation for Black Church Week of Prayer to Reverend John Reed. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 2 of 41 Agenda Item VI Mayor Moncrief announced the passing of Brud Pickett last week. He stated Announcements that Mr. Prickett had volunteered in various capacities for over 27 years, 21 years of service on the City's boards and commissions. He stated that the meeting would be adjourned in his memory. Council Member Espino stated that he had served with Mr. Pickett on the City Plan Commission and the Posada Board. He added that Mr. Pickett had indicated that when he passed away that memorials be made to Posada High School. He further stated that the City may want to recognize Mr. Pickett by establishing the Brud Pickett Award for distinguished service on City boards and commissions. Council Member Silcox added his condolences and stated that Mr. Pickett had been his appointee to the City Zoning Commission. He also commended him on his years of service to the City. Council Member Jordan provided favorable comments about Mr. Pickett and his years of service. Mayor Moncrief concurred with Council Member Espino's suggestion and asked staff to pursue establishing the award. Council Member Scarth announced that former Fort Worth Fire Chief Luther R. Himes passed away and expressed condolences to his family. He stated that Chief Himes' son was presently a City firefighter and that Chief Himes was a very innovative fire chief. Council Member Espino announced that there would be an I-35 Quarterly meeting on March 8, 2007, at the Region 11 Education Center at 3001 North Freeway at 6:00 p.m. He stated that the meeting would provide information about the Texas Department of Transportation's plans for the expansion of the freeway. Council Member Wheatfall announced that he would not seek re-election on May 12, 2007, due to business and personal reasons. He stated that it had been a privilege representing his district and working with the Council. Mayor Moncrief and Council Members expressed their sadness with Council Member Wheatfall's announcement and stated that they respected his intelligence and assertiveness in addressing controversial issues. They wished him well on his future endeavors. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 3 of 41 Agenda Item VII There were no items removed from the Consent Agenda. Withdrawn from Consent Agenda Agenda Item City Manager Boswell requested that Mayor and Council Communication No. VHI G-15612 be continued until March 20, 2007, and that Item No. XIII3, relative to Continued/ the Fort Worth Employee Retirement System, be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Wheatfall, the Council voted eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent, to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1596 M&C OCS-1596 - 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. OCS-1597 M&C OCS-1597 - from the Office of the City Secretary recommending that the Liability Bonds City Council authorize the acceptance of these liability bonds as follows: PARKWAY CONTRACTOR INSURANCE COMPANY 22 Quarters Enterprises,LLC Western Surety Company Advanced Construction Services, Inc. Trinity Universal Insurance Company Bill Bridges dba B.B.Enterprises Blue Sky Builders,LLC Blackwell Concrete Western Surety Company Blythe Concrete, Inc. Western Surety Company Coursey,Inc. RLI Surety Company Dale Cobb dba Top Hand Concrete,LLC Western Surety Company F&K Builders,Inc. American States Insurance Company Felipe Agullion RLI Insurance Company FPI Builders,Inc. Insurors Indemnity Company Gabreil Perez RLI Insurance Company Guadalupe Flores dba SPF Enterprises Merchants Bonding Company Hernandez Grading American States Insurance Company Hernandez Masonry Concrete,LLC Western Surety Company History Maker,LLC Western Surety Company J.A.M. Construction,Inc. Old Republic Insurance Company Jose L.Martinez dba Martinez Concrete RLI Insurance Company Klutz Construction,LLC RLI Insurance Company M 1 Contractors Western Surety Company Mo Lambert Construction RLI Insurance Company North Central TX Concrete Contractors,LLP dba RLI Insurance Company True Grit Concrete,Ltd North Texas Contracting,Inc. Arch Insurance Company Osburn Contractors,Inc. Washington International Insurance Company CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 4 of 41 PARKWAY CONTRACTOR INSURANCE COMPANY Pavecon,Ltd. Western Surety Company Polleyco Construction Services,LP Western Surety Company Potter Concrete,Ltd. Merchants Bonding Company Rivage Contracting,Inc. Western Surety Company Robert W.Probes Concrete,Inc. State Farm Fire&Casualty Company Rosas Concrete RLI Insurance Company Royce Homes,LP Merchants Bonding Company Ruben Zubia Western Surety Company Stabile&Winn,Inc. Washington International Insurance Company STI,LLC SureTec Insurance Company Striland Construction,Inc. First National Insurance Company of America Superior Commercial Concrete,LLC SureTec Insurance Company Sure Construction Services dba Sure Foundation Western Surety Company Company Tealstone Contractors,LP SureTec Insurance Company TM Saw Cutting Insurors Indemnity Company Triple J Concrete Construction,Inc. Western Surety Company Vendigm,LLC American States Insurance Company Victor Gonzalez EMC Insurance Companies Walling Construction,Ltd.' Merchants Bonding Company Catcon, Inc. Western Surety Company Cates, Courtney&Roeburck,LLC RLI Insurance Company Charley Offutt dba C.A.O. Construction Western Surety Company Choice Concrete,Inc. SureTec Insurance Company Courtney Clifton dba Clifton Concrete RLI Insurance Company David Galen Western Surety Company Diamond`B"Fence&Concrete Insurors Indemnity Diego Gomez Construction Western Surety Company Eagle Contractors,Inc. Merchants Bonding Company Enterprise Concrete,LP United Fire&Casualty Company Espinoza Concrete Construction Western Surety Company Gatehouse Contractors,Ltd. SureTec Insurance Company Highland Homes,Ltd. EMC Insurance Companies Jackson Construction,Ltd. Insurance Company of the West JCJ Concrete, Inc. Allied Property&Casualty, Inc. Kaufman Company Merchants Bonding Company KWIK Industries, Inc. Old Republic Surety Company Luis Bretado Nationwide Mutual Insurance Company Luis Cano RLI Insurance Company MCI Concrete Merchants Bonding Company One Specialty Concrete,LLC SureTec Insurance Company Property Paving,Inc. SureTec Insurance Company R. Fuentes Concrete, Inc. Western Surety Company Sedalco,LP Western Surety Company Western Surety Company RLI Insurance Company CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 5 of 41 CANCELLATIONS CONTRACTOR'S BOND CANCELLATION DATE INSURANCE COMPANY Murray Construction Co., January 23,2007 SureTec Insurance Company Inc. Cheyene Enterprises May 25, 2006 Ohio Casualty Group Premier Concrete,Inc. December 16,2006 Platte River Insurance Company Rodman Underground,Inc. August 10,2006 Chubb Group of Insurance Companies Truston Companies January 05,2007 Western Surety Company Jack Cassel Construction January 5,2007 Western Surety Company Freedom Bajito Reyes December 26,2006 Western Surety Company Koster Commercial October 11,2006 Hartford Casualty Insurance Construction Company Libla Communication,Inc. February 8,2007 Travelers Casualty& Company of America Kimball Hill Homes, TX, March 18,2007 CNA Surety Companies Inc. PJW Construction,Inc. November 4, 2005 Washington International Insurance Howard Construction September 26,2006 Dallas National Insurance Company Company G-15617 M&C G-15617 - Approving the use of$49,500.00 of Community Development Use CDBG Year Block Grant (CDBG) Year XXXI unprogrammed funds to assist with the XXXI renovation of Fire Station No. 25 located at 2911 Schwartz Avenue. Unprogrammed Funds to Assist with Renovation of Fire Station No. 25 G-15618 M&C G-15618 - Adopting Ordinance No. 17422-03-2007 amending Ordinance Ord. No. 17422- No. 8300 to amend the term limits of the Community Action Partners Council 03-2007 from two years to five years. Amend Ord. No. 8300 to Increase Term Limit for Members of Community Action Partners Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 6 of 41 G-15619 M&C G-15619 - Adopting Ordinance No. 17423-03-2007 adjusting the total Ord. No. 17423- number of authorized civil service positions in the Police Department; adding 03-2007 four (4) sergeant positions and twenty-six (26) police officer positions; providing Increase Civil a statement of purpose and intent for the adoption and implementation of this Service Positions ordinance; providing that this ordinance shall be cumulative; providing a in Police severability clause; providing for engrossment and enrollment of this ordinance. Department G-15620 M&C G-15620 - Authorizing the City Manager to increase estimated receipts Ord. No. 17424- and appropriations in the Year 2006 Summer Food Service Program by 03-2007 $73,701.03 from available funds; authorizing the transfer of$80,953.48 from the Transfer Year Grants Fund to the Special Trust Fund; and adopting Appropriation Ordinance 2006 Summer No. 17424-03-2007 increasing estimated receipts and appropriations in the Food Service Special Trust Fund in the amount of$80,953.48 available from Year 2006 After- Program Excess School Snack Program and Summer Food Service Program excess funds for the Funds to Special purpose of offsetting startup program costs initially charged to the Special Trust Trust Fund Fund. P-10538 M&C P-10538 - Authorizing purchase agreements for electrical utility supplies Electrical Utility with Techline, Ltd., and Wesco Distribution for the Transportation and Public Supplies Works Department based on best value with freight included in unit cost and payments due 30 days after receipt of invoices; and Wesco Distribution to be awarded items 1-6, 35-37, 45, 54 and 55 Techline, Ltd., to be awarded items 7-34, 38-44, 46-53 and 56 Authorizing this agreement to begin February 20, 2007, and expire February 19, 2008, with options to renew to two additional one-year periods. P-10539 M&C P-10539 - Authorizing a purchase agreement with Premium Impressions, Standard Work LLC, for standard work uniforms and polo shirts for the City of Fort Worth Uniforms and based on the overall percentage discounts off of manufacturers' retail price lists, Polo Shirts with payment due 30 days after receipt of invoice; authorizing this agreement to begin March 6, 2007, and expire on March 5, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 7 of 41 P-10540 M&C P-10540 - Authorizing a purchase agreement for Street Light Poles with Street Light Poles Structural & Steel Products for the Transportation and Public Works Department based on sole bid received with freight included in unit prices and payment due 30 days after receipt of invoice; and authorizing this agreement to begin February 20, 2007, and expire February 19, 2008, with options to renew for two additional one-year periods. P-10541 M&C P-10541 - Authorizing a sole source purchase of Kwik Case security Kwik Case compact disc and digital video disc cases from Gressco, Ltd., for the Library Security Department for a cost not to exceed $88,157.03 with freight added and payment Compact Disc due 30 days after receipt of invoice. and Digital Video Disk Cases P-10542 M&C P-10542 - Authorizing purchase agreements for library materials and Library services from the following vendors for the Library Department; and Materials and Services EXCLUSIVE RIGHTS AND SOLE SOURCE VENDORS: VENDOR DESCRIPTION ESTIMATED EXPENDITURES BBC Audio Books Audio Books $ 30,000.00 Ebsco Online Online Databases $ 25,000.00 Info USA Online Databases $ 28,000.00 Learning Express Online Databases $ 25,000.00 Newsbank Online Newspapers $ 80,000.00 OCLC Vietnamese language materials $ 40,000.00 Overdrive Electronic books $ 25,000.00 Proquest Online databases&microfilm $ 45,000.00 Random House Audio books $ 40,000.00 Recorded Books Audio books $ 60,000.00 Standard&Poors Business reference materials $ 25,000.00 Thomson Gale Reference books&online $ 50,000.00 services World Book Reference materials $ 30,000.00 Estimated Total $503,000.00 SECONDARY VENDORS: VENDOR DESCRIPTION ESTIMATED EXPENDITURES Amazon.com Books&audiovisual materials $ 30,000.00 Ingram Library Services Books&audiovisual materials $ 75,000.00 Midwest Tape Audiovisual materials $ 25,000.00 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 8 of 41 VENDOR DESCRIPTION ESTIMATED EXPENDITURES Scholastic Reference books $ 40,000.00 Estimated Total $170,000.00 Authorizing these agreements to begin March 6, 2007, and expire March 5, 2008, with options to renew for four successive one-year periods. L-14287 M&C L-14287 - Authorizing the direct sale of Eleven (11) Tax Foreclosed Sale of Tax Properties described below, located in north Fort Worth, in accordance with Foreclosed Section 34.05 of the Texas State Property Tax Code for the Lebow Channel Properties for Project (DOE 920)to the City of Fort Worth for the total amount of$34,126.00; Lebow Channel Project Address Legal Description Price Zoning 3205 Oscar Lot 3, Block 34, J.M. Moody $ 1,485.00 A-5 Addition 3261 Hutchinson Lot 6, Block 36, J.M. Moody $ 1,485.00 A-5 Addition 3259 Hutchinson Lot 5, Block 36, J.M. Moody $ 1,485.00 I Addition 0 Weber Lot 12, Block 2, Morgan $ 3,292.00 1 Heights Addition 2812 Hardy Lot 2, Block 64, Morgan $ 3,413.00 I Heights Addition 2812 Hardy Lot 1, Block 64, Morgan $ 3,100.00 I Heights Addition 2812 Hardy Lot 3, Block 64, Morgan $ 3,100.00 I Heights Addition 3150 Schadt Lot 6, Block 3, Morgan $ 3,403.00 A Heights Addition 3152 Schadt Lot 5, Block 3, Morgan $ 3,413.00 A Heights Addition 3151 Schadt Lot 7, Block 4, Morgan $ 6,850.00 A Heights Addition 3161 Schadt Lot 12, Block 4, Morgan $ 3,100.00 A Heights Addition Total $34,126.00 Authorizing the City Manager to execute and record the appropriate document conveying the properties to complete the sale. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 9 of 41 L-14288 M&C L-14288 - Approving the acquisition of one right-of-way easement Acquire Right-of- described as a portion of Francisco Cuella Survey, Abstract No 266, Tract 2TT, Way Easement Tarrant County, Texas, from Jack D. and Rebecca Tyler located in north Fort for Construction Worth for the construction of Keller-Hicks Road improvements (DOE 5474); of Keller-Hicks finding that the price offered in the amount of $43,000.00, plus an estimated Road closing cost of$2,000.00, is just compensation; and authorizing the acceptance Improvements and recording of appropriate instruments. L-14289 M&C L-14289 - Declaring the necessity of taking an interest in two parcels of Condemn Parcels land known as Abstract No. 266, Tract 2J and 2J4, Francisco Cuella Survey, of Land for Tarrant County, Texas, owned by Wood Springs Partners, Ltd., as depicted by Construction of the survey and metes and bounds for right-of-way dedicated to the public use, Keller-Hicks required for the construction of Keller-Hicks Road improvements (DOE 5474); Road declaring that negotiations have failed between the landowner and the City to Improvements acquire the described land; and authorizing the City Attorney to institute condemnation proceedings to acquire the interest in the land. PZ-2727 M&C PZ-2727 - Certifying that the service plan for the City initiated annexation Service Plan for area known as the Sunset Circle and Oakhaven Drive Enclave, consisting of City Initiated approximately 532.5 acres of land located west of US Hwy 377 and south of Annexation WestPort Parkway in Tarrant County, Texas (AX-05-023), is complete. (AX-05-023) PZ-2728 M&C PZ-2728 - Certifying that the service plan for the City initiated annexation Service Plan for area known as the Keller Hicks Road and Pine Tree Estates Enclave, consisting City Initiated of approximately 178 acres of land located west of US Hwy 377 and south of Annexation Keller Hicks Road in Tarrant County, Texas (AX-05-024), is complete. (AX-05-024) C-21984 M&C C-21984 - Authorizing the City Manager to execute a Public Right-of- Texas Midstream Way Use Agreement with Texas Midstream Gas Services, LLC, (Texas Gas Services, Midstream Gas Services) that grants Texas Midstream Gas Services a license to LLC use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. C-21985 M&C C-21985 - Authorizing the City Manager to execute a Public Right-of- Texas Midstream Way Use Agreement with Texas Midstream Gas Services, LLC, (Texas Gas Services, Midstream Gas Services) that grants Texas Midstream Gas Services a license to LLC use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating a natural gas pipeline. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 10 of 41 C-21986 M&C C-21986 - Authorizing the City Manager to execute a contract with Motorola, Inc. Motorola, Inc., for an upgrade to the City's Dispatch Console System for the Information Technology Solutions Department at an estimated cost of $95,601.11 using Houston-Galveston Area Council Contract RA01-06 with payment due 30 days after receipt of invoice in accordance with the agreed upon terms; and authorizing a maintenance and support agreement to begin one year after the expiration of the system's warranty period, with three additional one- year options to renew. C-21987 M&C C-21987 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. the Interlocal Agreement with the City of Sansom Park, wherein Sansom Park is 1 to Interlocal responsible to deposit with the City of Fort Worth 50 percent of the total cost of Agreement - City engineering, surveying materials and other incidentals for the reconstruction of of Sansom Park Beverly Hills Drive from Jacksboro Highway to McCandless Avenue and McCandless Avenue from Beverly Hills Drive to 23rd Street in the City of Fort Worth and the City of Sansom Park. Amendment No. 1 will increase the total estimated cost by $30,000.00 for a total not to exceed $90,000.00 ($82,000.00 for materials, plus $8,000.00 for engineering and surveying); and authorizing additional funds to be paid under an authorized but not executed Interlocal Agreement with Tarrant County for the reconstruction of Beverly Hills Drive from Jacksboro Highway to McCandless Avenue and McCandless Avenue from Beverly Hills Drive to 23rd Street in the City of Fort Worth and the City of Sansom Park to increase the City's participation by $30,000.00 for a total not to exceed $90,000.00. C-21988 M&C C-21988 - Authorizing the City Manager to execute a contract with TCB, TCB, Inc. Inc., in an amount not to exceed $150,000.00 for the preparation of redevelopment plans and implementation strategies for the Central Cluster of Urban Villages (Mercado, Six Points, and South Main). C-21989 M&C C-21989 - Authorizing the City Manager to execute a contract with Freese Freese & Nichols, & Nichols, Inc., in an amount not to exceed $250,000.00 for the preparation of Inc. redevelopment plans and implementation strategies for the Southeast Cluster of Urban Villages (Berry/Riverside, Berry/Stalcup, Near Eastside, Oakland Corners, and Polytechnic Wesleyan). C-21990 M&C C-21990 - Authorizing the City Manager to execute a contract with Hellmuth, Obata Hellmuth, Obata + Kassabaum Planning Group in an amount not to exceed + Kassabaum $200,000.00 for the preparation of redevelopment plans and implementation Planning Group strategies for the Southwest Cluster of Urban Villages (Hemphill/Berry, Berry/University, Bluebonnet Circle, and Ridglea). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 11 of 41 C-21991 M&C C-21991 - Authorizing the transfer of $67,863.00 from the Storm Water Ord. No. 17425- Operating Fund to the Storm Water Capital Projects Fund; adopting 03-2007 Appropriation Ordinance No. 17425-03-2007 increasing estimated receipts and Dunaway appropriations in the Storm Water Capital Projects Fund in the amount of Associates, L.P. $67,863.00 from a Storm Water Operating Fund transfer, for the purpose of executing an engineering agreement with Dunaway Associates, L.P., for Citywide Seepage Study and Improvements; and authorizing the City Manager to execute an engineering agreement with Dunaway Associates, L.P., the amount of $38,405.00 for Citywide Seepage Study and Improvements (Project No. 00489). C-21992 M&C C-21992 - Authorizing the transfer of$317,435.00 from the Storm Water Ord. No. 17426- Operating Fund to the Storm Water Capital Projects Fund; adopting 03-2007 Appropriation Ordinance No. 17426-03-2007 increasing estimated receipts and Baird, Hampton appropriations in the Storm Water Capital Projects Fund in the amount of & Brown, Inc. $317,435.00 from a Storm Water Operating Fund transfer, for the purpose of executing an engineering agreement with Baird, Hampton & Brown, Inc., for Dry Branch Creek Phase 2 Detention; and authorizing the City Manager to execute an engineering agreement with Baird, Hampton & Brown, Inc., in the amount of $186,102.00 for Dry Branch Creek Phase 2 Detention (Project No. 00485). C-21993 M&C C-21993- Authorizing the transfer of$102,233.00 from the Storm Water Ord. No. 17427- Operating Fund to the Storm Water Capital Projects Fund; adopting 03-2007 Appropriation Ordinance No. 17427-03-2007 increasing estimated receipts and Halff Associates, appropriations in the Storm Water Capital Projects Fund in the amount of Inc. $102,233.00 from a Storm Water Operating Fund transfer, for the purpose of executing an engineering agreement with Halff Associates, Inc., for Glen Garden Drainage Improvements; and authorizing the City Manager to execute an engineering agreement with Halff Associates, Inc., in the amount of$63,650.00 for Glen Garden Drainage Improvements (Project No. 00476). C-21994 M&C C-21994 - Authorizing the City Manager to execute Amendment No. 4 to Amendment No. City Secretary Contract No. 27574 with TranSystems Corporation Consultants, 4 to CSC No. for Trinity Boulevard water main extension from Greenbelt Road to State 27574 - Highway 360 (City Project No. 00352), in the amount of$94,205.00 to provide TranSystems for additional engineering services, thereby increasing the contract amount to Corporation $695,124.00. Subsequent amendments, if necessary, will be processed Consultants administratively, up to a $25,000.00 total. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 12 of 41 C-21995 M&C C-21995 - Authorizing the transfer of$169,144.00 from the Storm Water Ord. No. 17428- Operating Fund to the Storm Water Capital Projects Fund; adopting 03-2007 Appropriation Ordinance No. 17428-03-2007 increasing estimated receipts and Dunaway appropriations in the Storm Water Capital Projects Fund in the amount of Associates, L.P. $69,144.00 from a Storm Water Operating Fund transfer, for the purpose of executing an engineering agreement with Dunaway Associates, L.P., for Hammond Street Drainage Improvements and Hopkins Court Flume Reconstruction; and authorizing the City Manager to execute an engineering agreement with Dunaway Associates, L.P., in the amount of $119,461.00 for Hammond Street Drainage Improvements and Hopkins Court Flume Reconstruction (Project No. 00488). C-21996 M&C C-21996 - Authorizing the transfer of $452,479.00 from the Water and Ord. No. 17429- Sewer Operating Fund to the Sewer Capital Projects Fund; adopting 03-2007 Appropriation Ordinance No. 17429-03-2007 increasing estimated receipts and Cleburne Utility appropriations in the Sewer Capital Projects Fund in the amount of$452,479.00 Construction, from a Water and Sewer Operating Fund transfer, for the purpose of executing a Inc. contract with Cleburne Utility Construction, Inc., for Sanitary Sewer Rehabilitation Contract XLI (61), City Project No. 00558; and authorizing the City Manager to execute a contract with Cleburne Utility Construction, Inc., in the amount of$395,695.50 for Sanitary Sewer Rehabilitation Contract XLI(61). C-21997 M&C C-21997 - Authorizing the City Manager to execute a contract with Intercon Intercon Environmental Services, Inc., for asbestos abatement operations and Environmental maintenance services in an amount not to exceed $50,000.00. Services, Inc. C-21998 M&C C-21998 - Authorizing the City Manager to execute an extension for two Extend CSC No. additional consecutive five-year terms to City Secretary Contract (CSC) No. 9353, as 9353, as amended by CSC No. 16349, an unimproved ground lease with Montex Amended by Drilling Company for lease site 10-S at Fort Worth Meacham International CSC No. 16349 - Airport. Montex Drilling Company C-21999 M&C C-21999 - Authorizing the City Manager to execute an amendment to the Amend CSC No. wholesale water contract with the City of Kennedale (City Secretary Contract 17211 - City of No. 17211)to designate a point of connection for the construction of a wholesale Kennedale water meter connection to the Fort Worth system. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 13 of 41 C-22000 M&C C-22000 - Authorizing the City Manager to execute a contract with Burnside Burnside Services, Inc., in the amount of $230,661.40 for sand bunker Services, Inc. improvements at Meadowbrook Golf Course. The motion carried. End of Consent Agenda. Agenda Item X Council Member Silcox made a motion, seconded by Council Member Espino, Presentations by that Winton "Zim" Zimmerman be appointed to Place 3 on the Board of City Council Adjustment — Residential effective March 6, 2007, and with a term expiring Appointments October 1, 2007. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. C.P. No. 260 There was presented Council Proposal No. 260, dated February 20, 2007, that Prepare the City Council direct staff to prepare an ordinance establishing a freeze on the Ordinance to amount of property taxes imposed on residential homesteads owned by persons Implement aged 65 and over and persons with disabilities, in accordance with Texas Freeze on Constitution, Article VIII, Section 1-b(h). Property Taxes Imposed on The following individuals appeared before Council in opposition of the tax Residential freeze. They expressed concerns with benefits already given to senior citizens, Homesteads reduction in City services, property tax increases, deficits presently being experienced by the City and the effect the freeze impact would have on foreclosures and the real estate market. They requested the tax freeze proposition be placed on the May 12, 2007, election ballot for the voters to decide. Cindy Boyd, Ms. Cindy Boyd 3720 Bellaire Drive North Britta Henze Ms. Britta Henze 2906 Panther Drive, Apt. 2518 The following individuals appeared before Council in support of the tax freeze. They provided information on the valuation of residential property and the impact on City taxes, the need for the City to maintain a balanced budget and the need to improve roads and sidewalks. It was stated that not all seniors over the age of 65 were wealthy, but that all seniors paid County, City and School taxes and an inquiry was made on the effect of Tax Increment Finance Districts to the General Fund. Samuel Atkinson, Mr. Samuel W. Atkinson 3913 Willow Way Road Louis McBee, Mr. Louis McBee 5513 Aspen Lane Peggy Terrell, Ms. Peggy Terrell 5025 Marble Falls Road Clyde Picht, Mr. Clyde Picht 5016 Monarda Way David Perkins Mr. David Perkins 3729 Huckleberry Drive CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 14 of 41 Mayor Moncrief explained the purpose of Council Proposal No. 261 at this time and stated that one person had requested to address the Council relative to the proposal. Flora Brewer Ms. Flora Brewer, 6708 Ashbrook Drive, appeared before Council in opposition of the tax freeze. She urged the Council to place the tax freeze on the May 12, 2007, election ballot. She added that the property tax freeze would not address assistance for families who had the least ability to pay their property taxes and suggested that, as an alternative, the homestead exemption be increased instead of having a tax freeze for seniors. She also expressed concern that the tax freeze could not be rescinded once approved. Council Member Silcox made a motion, seconded by Council Member Jordan that Council Proposal No. 260 be approved. Council Member Burdette stated that seniors already received a $40,000.00 tax exemption off the assessed value of their property and agreed with Ms. Brewer's suggestion to increase the homestead exemption. He added that he had urged the Council in the Pre-Council Worksession to delay voting on the tax freeze. He further stated that he would abstain from voting on this issue since he was a member of the senior class and the exemption could result in a personal benefit for him, a benefit that could not be enjoyed by an approximate 80 percent of the tax payers that he was also elected to represent. Council Member Jordan stated that there was a common misunderstanding that the tax exemption meant that seniors would no longer pay taxes; he stressed that was incorrect. He advised that the tax freeze would work only if there were no tax increases passed on to other citizens. He maintained that the Council was committed to reducing the tax burden for all citizens. He asked Council Member Silcox if it were his intention to have the tax freeze effective on January 1, 2008. Council Member Silcox responded affirmatively as he was advised by the Law Department that January 1, 2008, was the earliest date the tax freeze could become effective. Council Member Davis expressed her opposition to the tax freeze and reiterated her reasons that: 1. The City should not endeavor to reduce the City's reliance on property tax revenues of one group of citizens at the expense of another group of citizens. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 15 of 41 2. Regardless of what was said at the meeting, one of two things absolutely must occur; either services must be cut as a result of a loss of $18.5 million over the next five years or taxes on the under 65 age group must be raised. 3. She had not seen a single budget during her tenure where the City's spending decreased, but increased in response to the growth of the City. 4. The City had a $44 million shortfall to address during the budget process; a $411 million unfunded liability in the City's pension fund and the State of Texas had stated that local tax payers would be responsible for making up the shortfall; and a $850 million shortfall in the City's ability to pay the health benefits of the City's retirees. 5. The biggest problem with this issue that it was forever and that by freezing the school taxes at the state level, the City would face an enormous financial crisis in the coming years. 6. The City was already giving a 20 percent exemption and the $40,000.00 exemption which was taxing care of the poorest senior citizens; however there was not a similar exemption for poor working families. 7. The people most impacted by poverty were young families and that statistics did not fare up that for some reason there was a unique need at the senior population level. 8. That if the City was committed to cutting the City's tax income stream by $18.5 million over the next five years, that it be done in a way that benefited all citizens which would equate to a $.06 decrease over the next five years for every citizen in the City of Fort Worth. 9. She expressed concern that the vote that would occur tonight on this issue could never be changed and that she was concerned with the future Councils who would have to deal with this problem. She concluded her comments by stating that she believed the City was trading prudence for politics and reiterated that she could not support this issue. Council Members Espino, Scarth and Wheatfall expressed their support of the tax freeze based on the following reasons: 1. It would benefit middle class seniors and would not create increase in taxes or services. 2. The continuing growth of the City would increase tax revenue along with fiscal discipline. 3. Citizens would hold Council accountable for decisions made on their behalf. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 16 of 41 4. The addition of$60M increase in revenue in 2006 from ad valorem taxes, new property, gas well revenue, etc. 5. Council's commitment to reduce or maintain the current tax rate 6. Tax abatements and incentives given businesses should be the same level of commitment given to senior citizens through the tax freeze. 7. That $18.5M broken down over 5 years was actually $1.8 million a year or .3 percent of the City's annual budget. Council Member Silcox called for the question and called for a vote on Council Proposal No. 260, seconded by Council Member Wheatfall. Mayor Moncrief requested that the call be delayed to provide him opportunity to provide comment. Council Members Silcox and Wheatfall concurred. Mayor Moncrief stated that he believed most people in the City felt that the Council had been heading in the right direction. He added that the cost of everything was going up, gasoline, medicine, health care, postage, etc. and there was not a thing that the City could do about that; however, there was something the Council could do to reduce a tax burden in the City. He assured everyone that the City would not fold up and reduce services. He pointed out that taxes had not been raised in the City for 13 years and that was called fiscal responsibility. Mayor Moncrief stated that the question had been called. The motion carried six (6) ayes to one (1) nay, with Council Member Davis casting the dissenting vote, Council Member Burdette abstaining, and Mayor Pro tem Hicks absent. C.P. No. 261 There was presented Council Proposal No. 261, dated February 20, 2007, that Withdrawn from the City Council direct staff to prepare an ordinance calling an election on the Consideration question of whether to establish a freeze on the amount of property taxes imposed on residential homesteads owned by persons aged 65 and older and persons with disabilities, in accordance with Texas Constitution, Article VIII, Section 1-b(h). Council Member Silcox made a motion, seconded by Council Member Jordan, that Council Proposal No. 261 be withdrawn from consideration. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 17 of 41 City Attorney Yett stated that consistent with policy direction received from the Council, staff would bring forward an ordinance that would have all the technical provisions to implement the property tax freeze for the Council meeting on March 20, 2007. C.P. No. 262 There was presented Council Proposal No. 262 that the City Council schedule an Designate item for March 20, 2007, to designate the Berryhill/Mason Heights area as a Berryhill/Mason Neighborhood Empowerment Zone (NEZ); and authorize the City Manager to Heights Area as prepare a resolution and ordinance to designate the Berryhill/Mason Heights area NEZ as a NEZ and Reinvestment Zone. Council Member Davis made a motion, seconded by Council Member Silcox, that Council Proposal No. 262 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. (Note: This item was reconsidered. See page 18.) C.P. No. 263 There was presented Council Proposal No. 263 that the City Council direct staff Withdrawn from to prepare an amendment to the current policy establishing the allocation of Consideration revenues generated from the Barnett Shale and oil and gas operations on City property within the city limits and the extraterritorial jurisdiction. (Council Member Wheatfall left his place at the dais.) Council Member Jordan stated this was a commitment on his part and of Council Member Scarth's toward applying any additional revenues and reducing the tax rate whenever there are revenues on the Barnett Shale. He added that he recommended that 50 percent go into an endowment; 25 percent be used for current capital needs; and 25 percent be used to reduce the tax rate. He further stated that there was a very lively discussion on this topic in Pre-Council and reiterated that he was committed to reducing the tax rate. He asked that the Council Proposal be withdrawn for future consideration. He suggested a moratorium be placed on the future expenditures until a new policy was developed. Clyde Picht Mr. Clyde Picht, 5016 Monarda Way, appeared before Council in opposition of the Council Proposal. He expressed appreciation to Council Member Silcox for authoring the tax freeze proposal and suggested that excess gas revenue be used for street repairs. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 18 of 41 Council Member Jordan made a motion, seconded by Council Member Silcox, that Council Proposal No. 263 be withdrawn from consideration. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Wheatfall absent. Mayor Moncrief asked for a motion to reconsider Council Proposal No. 262 at the request of Council Member Wheatfall, to determine if it was scheduled for the March 20, 2007, or March 27, 2007, Council meeting. Mayor Moncrief received information that CP 262 had been scheduled for the March 20, 2007, Council meeting. He asked for a motion to reconsider the Council Proposal and suspend the rules for approval. Council Member Silcox made a motion, seconded by Council Member Scarth, that Council Proposal No. 262 be reconsidered. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Wheatfall absent. Council Member Davis made a motion, seconded by Council Member Espino, that the rules be suspended and Council Proposal No. 262 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Wheatfall absent. C.P. No. 264 There was presented Council Proposal No. 264 that the City Council reconsider Postponed Until Resolution No. 3459-02-2007 authorizing the City Manager to enter into an March 20, 2007 agreement with the Tarrant Regional Water District for the purchase and use of Eagle Mountain Lake Park, as adopted by the City Council on February 20, 2007. Council Member Silcox made a motion, seconded by Council Member Scarth, that Council Proposal No. 264 be reconsidered. Council Member Davis advised that the proper motion on reconsideration of the Council Proposal would be to place it on the table for reconsideration but ask that the Council delay voting until the March 20, 2007, Council meeting. She stated that the City had been in conversations with the Tarrant Regional Water District (TRWD) and it was hoped that with the City's adoption of a resolution and support of a $500,000.00 commitment to save this parkland, that the City simultaneously enter into a Memorandum of Understanding with the TRWD to make sure the community had input to the use of the parkland and the opening of a public boat ramp somewhere else on the lake. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 19 of 41 Jarid Manos Mr. Jarid Manos, 2812 Chanault, appeared before Council to express his appreciation for the Council's support to Eagle Mountain Lake. He stated that the lake was a valuable resource that would serve the community into the future. Steve Lerma Mr. Steve Lerma, 4501 Wind Hill Court East, appeared before Council and expressed appreciation for the Council's support to Eagle Mountain Lake. He asked if Capital Improvement Program funds could be used to assist in raising the $1,000,000.00 needed to purchase the lake. Mayor Moncrief stated that he understood that the needed money had been raised. The motion to reconsider Council Proposal No. 264 carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks absent and Council Member Wheatfall absent. Council Member Davis made a motion, seconded by Council Member Silcox, that Council Proposal No. 264 be postponed until the March 20, 2007, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks absent and Council Member Wheatfall absent. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item There was presented a resolution of AllianceAirport Authority, Inc., with respect XHI to the issuance of refunding bonds for American Airlines, Inc. Res. No. 3461-03- 2007 Council Member Silcox made a motion, seconded by Council Member Davis, Issue Refunding that Resolution No. 3461-03-2007 be adopted. The motion carried unanimously Bonds for seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks absent and Council American Member Wheatfall absent. Airlines, Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 20 of 41 Res. No. 3462-03- There was presented a resolution supporting the introduction and passage of 2007 legislation that requests the Texas Commission on Environmental Quality Support (TCEQ) to conduct a pilot test of an advanced control technology on a cement Introduction and kiln stack order to assess the reduction of nitrogen oxides emissions. Passage of Legislation that Council Member Davis made a motion, seconded by Council Member Silcox, Requests TCEQ that Resolution No. 3462-03-2007 be adopted. The motion carried unanimously to Conduct a seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks absent and Council Pilot Test of Member Wheatfall absent. Advanced Control Technology on Cement Kiln Stack Order to Assess Reduction of Nitrogen Oxides Emissions Resolution to It was the consensus of the City Council that Item No. XIII3, A Resolution Resolve Relating to the Intentions of the Fort Worth City Council in Attempting to Unfunded Resolve the Unfunded Liability of the Fort Worth Employee Retirement System, Liability of Fort be withdrawn from consideration. Worth Employee Retirement System Withdrawn from Consideration Agenda Item XIV There was presented Ordinance No. 17430-03-2007 amending Ordinance No. Ord. No. 17430- 17395-02-2007 and Ordinance No. 17411-02-2007 ordering a general election 03-2007 by the qualified voters of the City of Fort Worth, Texas, on Saturday, the 12th Amend Ord. No. day of May 2007, for the purpose of electing the Mayor and Council Members 17395-02-2007 for the City of Fort Worth to change and add additional voting day locations. and 17411-02- 2007 to Change Council Member Silcox made a motion, seconded by Council Member Davis, and Add Voting that Ordinance No. 17430-03-2007 be adopted. The motion carried unanimously Day Locations seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks absent and Council Member Wheatfall absent. (Note: Additional correction made to ordinance. See page 21.) (Council Member Wheatfall returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 21 of 41 AGENDA ITEM XV—REPORT OF THE CITY MANAGER 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 20, 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 March 20, 2007. (Note: Speaker on this item on page 24.) G-15621 There was presented Mayor and Council Communication No. G-15621 from the Ord. No. 17431- City Manager recommending that the City Council adopt an appropriation 03-2007 ordinance increasing estimated receipts and appropriations in the Parking Garage Ord. No. 17432- Fund in the amount of $22,030,000.00 from the sale of Combination Tax and 03-2007 Parking Revenue Certificates of Obligation, Series 2007 Increase Funds in (January 9, 2007, M&C G-15572, Ordinance No. 17363-01-2007), for the Parking Garage purpose of funding the construction and equipping of a parking garage in the Fund and 2007 vicinity of the Fort Worth Convention Center, and the payment of fiscal, Critical Capital engineering and legal fees related to the project; and adopt an appropriation Projects Fund for ordinance increasing estimated receipts and appropriations in the 2007 Critical Proceeds from Capital Projects Fund in the amount of $42,325,000.00 from the sale of Sales of Combination Tax and Revenue Certificates of Obligation, Series 2007 Certificates of (January 9, 2007, M&C G-15571, Ordinance No. 17362-01-2007), for the Obligation, Series purpose of funding the following Critical Capital Improvement Programs: 2007 Fire Stations throughout the City $ 1,410,000.00 Public Health Center $ 4,794,000.00 Nashville Police Station $ 357,000.00 Transportation Grant Matches $ 6,681,000.00 Traffic Signal Improvements $ 1,836,000.00 Neighborhood Street Reconstruction $ 6,308,000.00 Premature Street Failures $ 2,040,000.00 Southwest Parkway(SH121T)Tollway $18,899,000.00 TOTAL 2007 SERIES $42,325,000.00 City Attorney Yett requested Council's indulgence to return to the ordinance amending the General Election ordinance. He advised that staff distributed copies of the revised ordinance during the Pre-Council Worksession; however, two additional minor changes were before the Council when it was voted. He stated staff changed the word "Special" to "General" under the first few paragraphs under the caption. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 22 of 41 Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15621 be approved and Appropriation Ordinance Nos. 17431-03-2007 and 17432-03-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. G-15622 There was presented Mayor and Council Communication No. G-15622 from the Accept Properties City Manager recommending that the City Council approve the acceptance of in Mitchell real property assets acquired and developed under a Model Blocks contract with Boulevard Model Mitchell Boulevard Development Corporation (MBDC), City Secretary Contract Blocks Area and No. 23885, consisting of a neighborhood retail center located at 2909 Mitchell Approve Boulevard, Fort Worth, Texas 76105, the adjacent driveway which serves as a Assignment of secondary exit, and three vacant residential lots developed as a neighborhood City Contracts to park; approve the assignment of MBDC's rights and responsibilities under City Fort Worth Secretary Contract Nos. 24970, 26199, 27263, and 23885 to the Fort Worth Housing Finance Housing Finance Corporation pertaining to 14 residential lots, and one Corporation completed house located at 3220 Thrall Street, Fort Worth, TX 76105; and amend City Secretary Contract Nos. 24970, 26199, 27263, and 23885 to revise the language to include real property in the reversion of assets clause. Council Member Wheatfall made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15622 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. G-15623 There was presented Mayor and Council Communication No. G-15623 from the Ord. No. 17433- City Manager recommending that the City Council adopt an ordinance amending 03-2007 Ordinance No. 17368 to reflect the correct metes and bounds description from 10 Correct Ord. No. acres to 5 acres for Zoning Case ZC-06-186, property located at 7980 South 17368 to Reflect Freeway. Correct Metes and Bounds, Council Member Wheatfall made a motion, seconded by Council Member Concerning Silcox, that Mayor and Council Communication No. G-15623 be approved and Zoning Case Ordinance No. 17433-03-2007 be adopted. The motion carried unanimously ZC-06-186 eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. G-15624 There was presented Mayor and Council Communication No. G- 15624 from the Establish Criteria City Manager recommending that the City Council rescind the stand-alone for Establishing Policy Regarding Valuation of Street Vacation Transactions in Central City Purchase Price Redevelopment Neighborhoods, approved and adopted by M&C G-12532 in for Street and 1999; and approve the Policy Regarding Valuation of Street and Alley Vacation Alley Vacations Transactions to formalize the City's practice of waiving the purchase price when the City does not own the right-of-way in fee. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 23 of 41 Council Member Wheatfall made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15624 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. G-15625 There was presented Mayor and Council Communication No. G-15625 from the Ord. No. 17434- City Manager recommending that the City Council authorize the City Manager 03-2007 to accept $20,000.00 in cash sponsorships for the 2007 Clean Air Fair and Bike Accept Rally events; authorize the City Manager to accept donated services Sponsorships for sponsorships valued at $10,600.00; and adopt a supplemental appropriation 2007 Clean Air ordinance increasing estimated receipts and appropriations in the Environmental Fair and Clean Management Fund in the amount of $20,000.00 from available funds, for the Air Bike Rally purpose of funding the 2007 Clean Air Fair. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. G-15625 be approved with appreciation and Supplemental Appropriation Ordinance No. 17434-03- 2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. G-15626 There was presented Mayor and Council Communication No. G-15626 from the Ord. No. 17435- City Manager recommending that the City Council authorize the City Manager 03-2007 to approve Amendment No. 1 to City Secretary Contract No. 32788 with the Fort Amendment No. Worth Botanical Society to authorize its award and administration of contracts 1 to CSC No. and require its compliance with the City's M/WBE Ordinance No. 15530 during 32788 - Fort such award and administration; and adopt an appropriation ordinance increasing Worth Botanical estimated receipts and appropriations in the Park Gas Lease Projects Fund in the Society amount of $125,000.00 from gas well royalty revenues for the purpose of funding a Master Plan and Strategic Plan for the Fort Worth Botanic Garden. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15626 be approved and Appropriation Ordinance No. 17435-03-2007. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 24 of 41 G-15627 There was presented Mayor and Council Communication No. G-15627 from the Revise Park City Manager recommending that the City Council approve a revision to the Reservations Park Reservations Policy to authorize the waiver of site reservation fees for Policy to Public Improvement District sponsored events. Authorize Waiver of Site Council Member Davis made a motion, seconded by Council Member Silcox, Reservation Fees that Mayor and Council Communication No. G-15627 be approved. The motion for Public carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks Improvement absent. District Sponsored Events Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15628 consider a request for variance from Section 4-4 of the City Code to allow sale Variance to of alcoholic beverages at the Mamma Mia Italian Grill, located at 3124 East Allow Sale of Belknap Street No. 230. Mayor Moncrief opened the public hearing and asked if Alcoholic there was anyone present desiring to be heard. Beverages at 3124 East Ms. Dana Burghdoff, Assistant Planning Director, Development Department, Belknap Street appeared before Council, gave a staff report and called attention to Mayor and No. 30 Council Communication No. G-15628, as follows: There was presented Mayor and Council Communication No. G- 15628 from the City Manager recommending that the City Council consider the request from Luljeta Azizi with Sardita, Inc., for a variance from Section 4-4 of the City Code prohibiting the sale of alcoholic beverages at the Mamma Mia Italian Grill, located at 3124 East Belknap Street No. 230 (AA07-00001), and located within 300 feet of a church. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. G-15628 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. Return to M&C Mayor Moncrief stated that Mayor and Council No. G-15612, relative to the No. G-15612 closure of Main Street for The Gran Fiesta De Fort Worth, would be revisited at this time as he had inadvertently passed over a Citizen Presentation Card. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 25 of 41 Richard Vickers Mr. Richard Vickers, 410 W. 71h Street, appeared before Council in opposition of temporary closing of Main Street for the fiesta. He stated that the neighborhood was adversely affected by the amount of trash that remained after the fiesta. He also expressed concern with diverting vehicle and pedestrian traffic. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15629 adopt an ordinance designating Tax Abatement Reinvestment Zone No. 58, City Ord. No. 17436- of Fort Worth, Texas. Mayor Moncrief opened the public hearing and asked if 03-2007 there was anyone present desiring to be heard. Designate Tax Abatement Ms. Ardina Washington, Business Development Coordinator, Economic and Reinvestment Community Development Department, appeared before Council, gave a staff Zone No. 58 report and called attention to Mayor and Council Communication No. G-15629, as follows: There was presented Mayor and Council Communication No. G-15629 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Tax Abatement Reinvestment Zone No. 58, City of Fort Worth, Texas; and adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number Fifty-Eight (58), City of Fort Worth, Texas", pursuant to and in accordance with Chapter 312 of the Texas Tax Code; providing the effective and expiration dates of the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone. There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Davis, that the public hearing be closed Mayor and Council Communication No. G-15629 be approved and Ordinance No. 17436-03-2007 be adopted. The motion carried unanimously seven (7) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote and Mayor Pro tem Hicks absent. P-10543 There was presented Mayor and Council Communication No. P-10543 from the Vehicles City Manager recommending that the City Council authorize the purchase of 69 new vehicles from Tarrant County (TC) and Houston Galveston Area Council (HGAC) Cooperative Purchasing Contracts with Planet Ford 6 and Philpott Motors Incorporated for the City of Fort Worth as listed below for a cost not to exceed $1,401,048.67 with payment due within 30 days of the date of the invoice; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 26 of 41 Qty. &Description Department Unit Cost Extended Total TC 2007-016 Planet Ford 6 8 ca.Ford F150 8'bed, Water $18,067.36 $ 144,538.88 reg. cab *3 ca. Ford F150 8' Development $18,067.36 $ 54,202.08 bed, reg. cab 1 ca.Ford F150 8'bed, Transportation/Public $ 18,691.00 reg. cab pwr Works lock/window *4 ca. Ford F150 6' Parks/Community $17,769.00 $ 71,076.00 bed, reg. cab Service *3 ca. Ford F150 6' Development $17,769.00 $ 53,307.00 bed, reg. cab 6 ca.Ford F150 6'bed, Parks/Community $18,771.00 $ 112,626.00 ext. cab Service 1 ca.Ford F150 6'bed, Water $ 21,888.00 eat. cab 4X4 1 ca.Ford Ranger reg. Water $ 12,055.00 cab 1 ca.Ford F250 8'bed, Public Events $ 18,807.00 reg. cab 1 ca.Ford F250 8'bed, Environmental $ 18,807.00 reg. cab Management *3 ca. Ford F250 8' Parks/Community $26,363.00 $ 79,089.00 bed, ext. cab diesel Service 1 ca.Ford F250 8'bed, Aviation $ 26,363.00 ext. cab diesel 1 ca.Ford F250 8'bed, Transportation/Public $ 27,801.00 ext. cab pwr Works lock/window *3 ca. Ford F250 6' Fire $19,918.00 $ 59,754.00 bed, crw. cab diesel *3 ca. Ford F250 6' Police $19,918.00 $ 59,754.00 bed, crw. cab 2 ca.Ford F250 6'bed, Fire $27,536.00 $ 55,072.00 crw. cab diesel 1 ca.Ford F350 8'bed, Aviation $ 29,993.00 crw. cab diesel 1 ca.Ford F350 8'bed, Water $ 31,784.00 crw. cab diesel 4X4 *1 ca. Ford F350 8' Code Compliance $ 31,784.00 bed, crw. cab diesel 4X4 2 ca.Ford Cargo Vans Transportation/Public $25,403.00 $ 50,806.00 Works 1 ca.Ford Cargo Van Aviation $ 25,403.00 1 ca.Ford Cargo Van Parks/Community $ 25,403.00 Service CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 27 of 41 Qty. &Description Department Unit Cost Extended Total 1 ea.Ford Cargo Van Fire $ 25,403.00 *1 ea. Ford 15 Health $ 19,518.00 Passenger Van HGAC VE03-06 Philpott Motors Incorporated 1 ea. Toyota Prius Fire $ 22,889.57 *2ea. Toyota Prins Parks/Community $22,889.57 $ 45,779.14 Service *7 ea. Chevrolet Health $15,688.00 $ 109,816.00 Malibus 2 ea. Chevrolet Malibus Health $15,688.00 $ 31,376.00 1 ea. Chevrolet Malibu Fire $ 15,688.00 *3 ea. Chevrolet Trail Code Compliance $20,315.00 $ 60,945.00 Blazers 1 ea. Chevrolet Trail Code Compliance $ 20,315.00 Blazer 1 ea. Chevrolet Trail Fire $ 20,315.00 Blazer Total $1,401,048.67 Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. P-10543 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. L-14290 There was presented Mayor and Council Communication No. L-14290 from the Acquire Property City Manager recommending that the City Council authorize the payment of for Right-of-Way $1,324,999.00 to R.D. Moses and wife Beverley Moses to acquire real property for Southwest for right-of-way of the Southwest Parkway (S.H. 121) and estimated closing Parkway Located costs of$8,086.00; authorize the appropriate City representatives to execute the in the Vickery documents necessary to complete the purchase located at 4015 West Vickery Corridor Boulevard, Fort Worth, TX 76107, Parcel 62, described as being a 0.297 acre tract of land (Part 1) out of Lot-I-R-A, Block 5 of Factory Place Addition, an addition to the City of Fort Worth, Tarrant County, Texas, and being a 0.010 acre tract of land (Part 2) situated in the W.B. Conner Survey, Abstract No. 288, City of Fort Worth, Tarrant County, Texas; and authorize the appropriate City representatives to execute a 10-month lease with R.D. Moses and Beverley Moses for 0.307 acres of land, located at 4015 West Vickery Boulevard, Fort Worth, Texas 76107, for right-of-way for the Southwest Parkway (S.H. 121) (DOE 3777), located in the Vickery Corridor. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 28 of 41 Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14290 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. C-22001 There was presented Mayor and Council Communication No. C-22001 from the Amend CSC No. City Manager recommending that the City Council authorize the City Manager 33870 - Presidio to execute an amendment to the Economic Development Program Agreement Hotel Fort with Presidio Hotel Fort Worth, L.P. (City Secretary Contract No. 33870), as Worth, L.P. previously amended, related to redevelopment of the Plaza Hotel. Council Member Davis made a motion, seconded by Council Member Wheatfall, that Mayor and Council Communication No. C-22001 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. C-22002 There was presented Mayor and Council Communication No. C-22002 from the Ord. No. 17437- City Manager recommending that the City Council authorize the transfer of 03-2007 $2,859,112.00 from the Sewer Operating Fund to the Sewer Capital Projects William J. Fund; adopt an appropriation ordinance increasing estimated receipts and Schultz, Inc., appropriations in the Sewer Capital Projects Fund in the amount of d/b/a Circle "C" $2,859,112.00 from a Sewer Operating Fund transfer, for the purpose of Construction executing a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company Company for Sanitary Sewer Rehabilitation Contract LIV (54), Unit 1 (City Project No. 00447); and authorize the City Manager to execute a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company in the amount of$2,669,817.50 for Sanitary Sewer Rehabilitation Contract LIV (54), Unit 1. Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22002 be approved and Appropriation Ordinance No. 17437-03-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. C-22003 There was presented Mayor and Council Communication No. C-22003 from the Ord. No. 17438- City Manager recommending that the City Council authorize the transfer of 03-2007 $142,438.00 from the Water and Sewer Operating Fund to the Water Capital Southwest Fort Projects Fund; adopt an appropriation ordinance increasing the estimated Worth receipts and appropriations in the Water Capital Projects Fund in the amount of Ambulatory $142,438.00 from a Water and Sewer Operating Fund transfer, for the purpose of Surgery Center, executing a Community Facilities Agreement with Southwest Fort Worth L.P. Ambulatory Surgery Center, L.P., for the installation of water and sewer services CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 29 of 41 to serve Southwest Fort Worth Ambulatory Surgery Center; and authorize the City Manager to execute a Community Facilities Agreement with Southwest Fort Worth Ambulatory Surgery Center, L.P., for the installation of water and sewer services to serve Southwest Fort Worth Ambulatory Surgery Center, a development located in far southwest Fort Worth. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22003 be approved and Appropriation Ordinance No. 17438-03-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. C-22004 There was presented Mayor and Council Communication No. C-22004 from the Ord. No. 17439- City Manager recommending that the City Council authorize the transfer of 03-2007 $13,388.00 from the Water and Sewer Operating Fund to the Sewer Capital One Woodland Projects Fund; adopt an appropriation ordinance increasing estimated receipts Springs, LTD., by and appropriations in the Sewer Capital Projects Fund in the amount of Centamtar $13,388.00 from a Water and Sewer Operating Fund transfer, for the purpose of Terras, L.L.C., executing a Community Facilities Agreement with One Woodland Springs, its General LTD., by Centamtar Terras, L.L.C., its General Partner, for the installation of Partner offsite sanitary sewer services to serve Villages of Woodland Springs; and authorize the City Manager to execute a Community Facilities Agreement with One Woodland Springs, LTD., a Texas Limited Partnership, by Centamtar Terras, L.L.C., a Texas Limited Liability Company, its General Partner, for the installation of offsite sanitary sewer services to serve Villages of Woodland Springs, a single-family home development, located in far north Fort Worth. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22004 be approved and Appropriation Ordinance No. 17439-03-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. C-22005 There was presented Mayor and Council Communication No. C-22005 from the Ord. No. 17440- City Manager recommending that the City Council authorize the City Manager 03-2007 to apply for and accept, if awarded, a grant from Tarrant County requesting up to Tarrant County $200,000.00 from Year 2007-2008 Community Development Block Grant (CDBG); authorize the use of existing personnel, office equipment, office space, and donated goods and services for the City's in-kind match with an anticipated value of $200,000.00; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount of $400,000.00, subject to receipt of the Community Development Block Grant from Tarrant County for the purpose of executing a contract with Tarrant County to fund the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 30 of 41 Supplemental Homeless Intervention Prevention Program; and authorize the execution of a contract with Tarrant County for the CDBG funds for the period from July 1, 2007, through June 30, 2008. Council Member Wheatfall made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22005 be approved and Appropriation Ordinance No. 17440-03-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. C-22006 There was presented Mayor and Council Communication No. C-22006 from the Van Zandt City Manager recommending that the City Council authorize the City Manager Cottage Friends, to enter into a contract with Van Zandt Cottage Friends, Inc., to repair the Inc. historic Van Zandt Cottage foundation; and accept a donation of$19,500.00 in improvements from Van Zandt Cottage Friends, Inc., to repair the historic Van Zandt Cottage foundation. Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22006 be approved with appreciation. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. (Council Member Jordan left his place at the dais.) City Secretary Hendrix stated that Mayor and Council Communication No. C- 22007 would be heard after Agenda Item XVI. Agenda Item XVI It appeared that the City Council set today as the date for the second public Second Public hearing to consider entering into a Strategic Partnership Agreement and the Hearing for limited purpose annexation of a 7.76-acre portion of the Fort Worth Municipal Strategic Utility District No. 2 of Tarrant County. Mayor Moncrief opened the public Partnership hearing and asked if there was anyone present desiring to be heard. Agreement and Limited Purpose Ms. Susan Alanis, Deputy Director, Development Department, Development Annexation of Department, appeared before Council and gave a staff report. Fort Worth Municipal Utility District No. 2 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 31 of 41 Public Hearing It appeared that the City Council set today as the date for a public hearing to C-22007 authorize execution of the Strategic Partnership Agreement for Municipal Utility Strategic District No. 2 of Tarrant County ("Haywire Ranch"/"Live Oak Creek"). Mayor Partnership Moncrief opened the public hearing and asked if there was anyone present Agreement for desiring to be heard. Municipal Utility District No. 2 of Ms. Susan Alanis, Deputy Director, Development Department, Development Tarrant County Department, appeared before Council and gave a staff report and called attention ("Haywire to Mayor and Council Communication No. C-22007, as follows: Ranch"/"Live Oak Creek") There was presented Mayor and Council Communication No. C-22007 from the City Manager recommending that the City Council authorize the City Manager to execute a Strategic Partnership Agreement for Municipal Utility District No. 2 of Tarrant County ("Haywire Ranch"/"Live Oak Creek"). There being no one present desiring to be heard in connection with the public hearing, Council Member Burdette made a motion, seconded by Council Member Scarth, that the two public hearings be closed and that Mayor and Council Communication No. C-22007 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Jordan absent. AGENDA ITEM XVIIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL (Council Member Jordan returned to his place at the dais.) SP-07-006 It appeared that the City Council, at its meeting of February 20, 2007, continued Approved the hearing of the application of Town Center Mall, L.P., for a change in zoning of property located at 4200 South Freeway, 250 East Bolt Street, 220 West Seminary Drive for site plan to amend "PD-369" to add a new building, provide additional signage, and reduce parking, Site Plan No. SP-07-006. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Jose Legaspi Mr. Jose Legaspi, 4200 South Freeway, appeared before Council in support of the site plan. He presented a PowerPoint briefing that provided information on the site plan. Council Member Davis stated that she wanted to confirm her understanding of the discussions they have had relative to the neighborhood concerns. She stated that when the proposal was placed before the City Zoning Commission, she had CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 32 of 41 a lot of concerns about the square footage of the signage that was presented and by virtue of those concerns, this site plan reduced the square footage of those signs by 1,055.5 square feet; that being 270 square feet on the Seminary Drive sign and 785.5 square feet on the South Freeway sign. She added that the number of the sign structures initially submitted had been reduced by six and the sign at the corner of Seminary Drive and the freeway would go from 90 feet to 60 feet and the icon sign would be at a maximum height of 70 feet rather than the 85 feet initially submitted. She further stated that they also discussed the landscaping for the property and that she asked Mr. Legaspi that he look at this as if he were building a new development and satisfy the landscape ordinance. She pointed out that there were currently 203 trees on the property and 72 in the front yard and based on that analysis, Mr. Legaspi had agreed to provide 29 new 3-inch caliper trees to the mall site area. She added that 260 shrubs would be planted in the I-35 front yard with a period of 18 months provided to fulfill that requirement. The following individuals appeared before Council in support of the site plan and redevelopment of the mall. They spoke in support of the economic development opportunities and that this development would move the "Southside" forward. They also supported the additional signage. They did express concerns with the amount of parking at the mall and the cinema, the possibility of mall customers parking in surrounding neighborhoods if parking at the mall was not available, and odors from the rodeo arena. Vicki Bargas, Ms. Vicki Bargas 301 E. Drew Fernando Flores, Mr. Fernando Flores 2740 Hemphill J.D. Franks, Mr. J.D. Franks 4200 S. Freeway, Ste. 19 Renee Ferguson, Ms. Renee Ferguson 4200 S. Freeway, Ste. 19 Raymond Mr. Raymond Rodriguez 3724 S. Jones Rodriguez, Mr. Alfredo Hinojosa 100 Throckmorton Alfredo Hinojosa, Mr. Lee Saldivar 3937 Ryan Avenue Lee Saldivar, Mr. Jose Arrano 4200 S. Freeway, Ste. 1087 Jose Arrano, (Marketing Director of La Robert Burrell, Gran Plaza William Giron, Mr. Robert C. Burrell, Jr. 413 West Bolt Lee Frampton, Mr. William Giron 1327 N. Main Street Antonio Morales, Mr. Lee Frampton 816 E. Biddison Renny Rosas, Ignacio Zamora, Mr. Antonio Morales 5551 Vega Drive Juanita Torres Mr. Renny Rosas 3821 Bryan Carlos Guzman Mr. Ignacio Zamora 3729 Stuart Drive Ms. Juanita Torres 5713 Straightaway Dr, Haltom City, TX Mr. Carlos Guzman 5636 Pershing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 33 of 41 Paul Diamond, Mr. Paul Diamond 7200 Routt Street Francisco Mr. Francisco Ramirez 4200 S. Freeway, Ste. 1629 Ramirez, Mr. Ramiro Ramirez 209 E. Bolt Ramiro Ramirez, Mr. Rogelio Cabanas 1437 W. Spurgeon Street Rogelio Cabanas, Mr. Shah Siddiqui 4200 S. Freeway, Ste. 1110 Shah Siddiqui, Ms. Yvette J. Kent 4200 S. Freeway Yvette Kent, Mr. Ali A. Akbour 8716 Heritage Place Ali Akbour, Ms. Suzan Kedron 301 Commerce Ste. 2400 Suzan Kedron, Mr. John Rentz 4235 Rice, Houston, TX John Rentz The following individuals affiliated with the Cinemax Latino appeared before Council in opposition of the site plan. Handout documents were provided to the Council. They stated that parking for the rodeo arena would compete with the parking for the cinema and that the notice of the amended site plan provided minimal information on the parking issue. They expressed concern that no parking analysis had been done and that the proposed site plan would have a negative impact on other businesses. They requested that the Council return the site plan to the City Zoning Commission for further analysis. Mr. Hunter McLean 301 Commerce Street, Ste. 3500 Mr. Randall L. Hester 3225 Turtle Creek Blvd. #704, Dallas, TX Ms. Anne Tengler 494 W. Spruce Street, Louisville, CO Mr. Louis Sullivan-Olmos 2912 Lafayette Street, Denver, CO Ms. Carmen Garcia 2307 NW 26th Street City Attorney Yett advised the Council that City staff had reviewed the site plan and that appropriate zoning notices had been issued. He assured them that the site plan had addressed the parking issue and that appropriate action was taken. Council Member Davis stated Mr. Legaspi had been the third or fourth owner of the mall since she had been on the Council. She expressed concern with the perceived lack of sufficient parking and cautioned Mr. Legaspi that if mall parking overflowed into the neighborhood that the City would immediately respond. She assured the Worth Heights neighborhood that she would work with them on any negative impact relative to this issue. She stated that it was not her intention on her motion for approval of the site plan, that there would not be storage of trailers overnight on mall property or that the rodeo arena site would become a boarding facility for any horses. She stated that the City would be vigilant from an environmental standpoint regarding the disposal of horse waste and ensuring that the operation ran cleanly so that the neighborhood did not suffer any consequences as a result of odor or other nuisances that could develop from the area not being maintained. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 34 of 41 Council Member Espino spoke in favor of the request, advised of the history of the Charro horses and rodeos in the Hispanic culture and requested that staff come back to Council in the near future for some type of special zoning for these areas. Council Member Burdette stated that La Gran Plaza was one of the greatest economic redevelopment projects the City had seen in a long time and congratulated Mr. Legaspi on his efforts. He asked for staff clarification on the parking concerns expressed and what has been done to address those concerns. Ms. Dana Burghdoff, Assistant Planning Director, Development Department, stated that the zoning ordinance addressed minimum and maximum parking standards for most uses through development standards. She added that the report for the site plan described the amount of parking normally required under the City's zoning ordinance and what the parking deficiency was based on the ordinance. She further stated that it defined a certain number of parking spaces for each use and did not take into account shared parking arrangements that may be worked out between the landlord and the tenant. She also stated that the City did not apply a standard relative to what parking would be located on any part of a development. There being no one else present desiring to be heard in connection with the application of Town Center Mall, L.P., Council Member Davis made a motion, seconded by Council Member Espino, that the hearing be closed and that Site Plan No. SP-07-006, be approved with the addition of no overnight boarding of horses and no overnight storage of horse trailers on mall property. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. 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 February 15, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-06-265 There was presented Zoning Docket No. ZC-06-265 and Site Plan No. SP-07- SP-07-008 008, application of Victor Martinez for a change in zoning of property located at Continued Until 553 West Malta Avenue and 4151 Hemphill Street from `B" Two Family April 3, 2007 Residential, "E" Neighborhood Commercial, and "F" General Commercial to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, plus auto sales and repair, with site plan required. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 35 of 41 Christopher Mr. Christopher Bonilla, 3204 S. Main, appeared before Council in support of Bonilla the zoning change. He stated that the City Zoning Commission recommended approval of the zoning change with a revision to the site plan which was to eliminate the existing pole sign from the site and replace it with a monument sign. Ignacio Zamora Mr. Ignacio Zamora, 3729 Stuart Drive, appeared before Council in opposition of the zoning change. Vicki Bargas Ms. Vicki Bargas, 301 E. Drew, appeared before Council in opposition of the zoning change. She stated that no information was provided to the neighborhood association on this issue and that the business was not something desired in the neighborhood, but expressed interest in working with the owner to improve the appearance of the business. She advised the Council that the neighborhood association would like to see the Hemphill Corridor extended. Council Member Davis stated that she was very concerned about the zoning application and that it would be her inclination to move for denial; however, she wanted to give the property owner the opportunity to meet with the Worth Heights Neighborhood Association. She expressed concerns with encroachment into the adjacent neighborhood and that it was an auto sales and repair use. She added that she did not want to see happen on the Hemphill Corridor what had happened on other of the older commercial corridors, which was that they become primarily that type of commercial use. She added it was not in the best interest of the redevelopment of the Hemphill Corridor. She further stated that "MU-1" zoning was previously approved to the north of this area and it was her intention to work with the staff to move that zoning further south and this type of use would not be in accordance with that zoning. She pointed out that if after the owner met with the neighborhood association, the neighborhood association was in favor of the zoning change, she would support the zoning as well. Council Member Davis made a motion, seconded by Council Member Jordan, that Zoning Docket No. ZC-06-265 and Site Plan No. SP-07-008, be continued until the April 3, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. ZC-06-275 There was presented Zoning Docket No. ZC-06-275, application of the City of Approved Fort Worth (Panther Heights Neighborhood) for a change in zoning of property located east and west of Rancho Diego and Rancho Viejo Road (Blocks 1 through 5) from "A-5" One Family Residential to "A-43" One Family Residential. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 36 of 41 Council Member Jordan made a motion, seconded by Council Member Wheatfall, that Zoning Docket No. ZC-06-275, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. ZC-06-280 There was presented Zoning Docket No. ZC-06-280, application of Diamond Approved Marie Simmons-James for a change in zoning of property located at 2210 Miller Avenue from `B" Two Family Residential to "PD/SU" Planned Development/Specific Use for museums, library, fine arts center, restaurants, cafes, cafeterias, bakeries, barber and beauty shops, laundries, dry cleaning or washeteria and leather goods shop, with site plan required. Council Member Wheatfall made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-06-280, be approved with the requirement that the site plan reflect a masonry wall along the back property line. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. ZC-06-283 It appeared that the City Council, at its meeting of February 6, 2007, continued Denied with the hearing of the application of Radi Khader for a change in zoning of property Prejudice located at 3005 Mansfield Highway from "E" Neighborhood Commercial to "FR" General Commercial Restricted, Zoning Docket No. ZC-06-283. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. The following individuals appeared before Council in opposition of the zoning change. They stated that the applicant already had a similar business in the area and that what was needed was economic development. Edward Briscoe, Mr. L. Edward Briscoe, Jr. 2240 Briardale Road Jesse Kemp, Mr. Jesse Kemp 1421 Glasgow Bernard Mr. Bernard Hamilton 2508 Glen Garden Avenue Hamilton The following individuals appeared before Council in support of the zoning change. They stated that the applicant was very involved in this community and that his property was very well maintained. Radi Khader, Mr. Radi Khader 3900 Mansfield Highway Raed Khader, Mr. Raed Khader 4908 Wichita Street Fran Horan, Ms. Fran R. Horan 4912 Wichita Street Edwin Lee Mr. Edwin T. Lee P.O. Box 470245 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 37 of 41 Council Member Davis stated that Mayor Pro tem Hicks had shared her concerns on this zoning change with other members of the Council before she left this evening. She stated that this was an issue of whether this type of zoning at this particular location was the right plan for the community and because there was bad zoning around it. She added that Mayor Pro tem Hicks did not want to continue that bad zoning. There being no one else present desiring to be heard in connection with the application of Radi Khader, Council Member Davis made a motion, seconded by Council Member Silcox, that the hearing be closed and that Zoning Docket No. ZC-06-283, be denied with prejudice. The motion carried six (6) ayes to two (2) nays, with Council Members Jordan and Burdette casting the dissenting votes and with Mayor Pro tem Hicks absent. ZC-06-310 There was presented Zoning Docket No. ZC-06-310, application of the City of Approved Fort Worth for a change in zoning of property located at 11310 South Freeway from "AG" Agricultural to "E" Neighborhood Commercial. Council Member Jordan made a motion, seconded by Council Member Espino, that Zoning Docket No. ZC-06-310, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. ZC-06-320 There was presented Zoning Docket No. ZC-06-320, application of the City of Approved Fort Worth for a change in zoning of property located at 1101 11th Street from "F" General Commercial to "H" Central Business District. Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-06-320, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. ZC-06-326 There was presented Zoning Docket No. ZC-06-326, application of the City of Approved Fort Worth (South Fostepco Heights Neighborhood) for a change in zoning of property located south of Long Avenue, west of Decatur Avenue, east of Santa Fe Railroad tracks and north of 29th Street from "B" Two Family Residential, "E" Neighborhood Commercial, "F" General Commercial, "I" Light Industrial and "K" Heavy Industrial to "A-5" One Family Residential. Council Member Espino made a motion, seconded by Council Member Wheatfall, that Zoning Docket No. ZC-06-326, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 38 of 41 ZC-07-004 There was presented Zoning Docket No. ZC-07-004, application of Stratigo V. Approved Panagopoulos for a change in zoning of property located at 4132 Miller Avenue from `B" Two Family Residential and "E" Neighborhood Commercial to "E" Neighborhood Commercial. Council Member Wheatfall made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-004, be approved by amending the zoning to "PD/SU" Planned Development/Specific Use with all uses in "E" Neighborhood Commercial and with site plan required. Stratigo Ms. Stratigo Panagopoulous, 4132 Miller Avenue, appeared before Council in Panagopoulous support of the ordinance. Kay Cameron Ms. Kay Lee Cameron, 4803 Spring Creek, Arlington, Texas, representing the applicant, appeared before Council in support of the zoning change. She stated that the applicant would like to sell the property and the purchaser would like the lot zoned to a commercial lot. Council Member Wheatfall clarified his motion and assured Ms. Cameron that the zoning would be changed to a commercial use; however, he pointed out that the new owner would have to submit a site plan before any structure could be built at the location. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. ZC-07-005 There was presented Zoning Docket No. ZC-07-005, application of Lama Denied with Estates, L.L.C., for a change in zoning of property located at 801 East Allen Prejudice Avenue from "FR" General Commercial Restricted to "PD/SU" Planned Development/Specific Use for all uses in "E" Neighborhood Commercial, limited to beer and wine sales, landscaping required and reduce the height of the existing pole sign, with waiver of site plan recommended. (Council Member Espino left his place at the dais.) Sharon Meeks Ms. Sharon Meeks, 4011 Hideaway Drive, Arlington, Texas, appeared before Council in support of the zoning change. She stated that a Valero Gas Station and Convenience Store would be built at this location and that the beer and wine sales would be large contributors to the businesses revenue. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 39 of 41 The following individuals appeared before Council in opposition of the zoning change. They expressed concern with the addition of more alcohol sales in a community that already had 92 stores that sold alcohol but where only one grocery store was located. They stated that they desired additional grocery stores, drug stores and restaurants in the community. Cleveland Harris, Mr. Cleveland Harris 1037 Colvin Street Mary Blakemore, Ms. Mary Ellen Blakemore 1306 Illinois Avenue Della Brooks Ms. Della Brooks 1040 E. Mulkey Street Council Member Davis made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-005, be denied with prejudice. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Espino absent. (Council Member Espino returned to his place at the dais.) ZC-07-006 There was presented Zoning Docket No. ZC-07-006 and Site Plan No. SP-07- SP-07-003 003, application of Lake Arlington Storage, L.P., for a change in zoning of Approved property located at 2801 East Loop 820 South and 6212 Willard Road from "I" Light Industrial to "PD/SU" Planned Development/Specific Use for all uses in "I" Light Industrial, plus self storage facility, and with site plan required. Council Member Wheatfall made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-006 and Site Plan No. SP-07-003, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. SP-07-007 There was presented Site Plan No. SP-07-007, application of Sheridan Lodging Approved Partners, L.L.C., for a change in zoning of property located at 6500 South Freeway for site plan to amend PD-168 to construct a new hotel and add additional parking and signage for the existing hotel. Christopher Mr. Christopher Bonilla, 3204 S. Main, representing the applicant, appeared Bonilla before Council in support of the site plan. He presented information relative to the placement of the new hotel, parking and new signage for the property. Council Member Jordan made a motion, seconded by Council Member Espino, that Site Plan No. SP-07-007, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 40 of 41 ZC-07-012 There was presented Zoning Docket No. ZC-07-012 and Site Plan No. SP-07- SP-07-009 009, application of Van R. Miller, Jr., for a change in zoning of property located Approved at 10405 Alta Vista Road from "AG" Agricultural and unzoned to "PD/SU" Planned Development/Specific Use for mini warehouses, with site plan required. Council Member Espino made a motion, seconded by Council Member Davis, that Zoning Docket No. ZC-07-012 and Site Plan No. SP-07-009, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. 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 Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17441-03-2007 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 eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. Item XVIII Mr. Michael A. Zubiate, 962 Austin Court, Weatherford, Texas, appeared before Citizen Council and asked for the City's assistance in obtaining property for the Presentations Diamond Hill North Side Kids. He stated that he was a football coach for the kids and they did not have a permanent football field on which to practice. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING MARCH 6, 2007 PAGE 41 of 41 Council Member Espino asked Mr. Zubiate to provide his contact information to his Council Aide Belinda Norris on this issue as he would like to meet with him on this issue. Agenda Item XX There being no further business, the meeting was adjourned at 11:15 p.m. in Adjournment memory of Brud Pickett. These minutes approved by the Fort Worth City Council on the 20th day of March, 2007. Attest: Approved: Marty H drix Michael J. ief City Secretary Mayor