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HomeMy WebLinkAbout2007/06/19-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 Present Mayor Mike Moncrief Mayor Pro tem Kathleen Hicks, District 8 Council Member Chuck Silcox, District 3 Council Member Daniel Scarth, District 4 Council Member Frank Moss, District 5 Council Member Jungus Jordan, District 6 Council Member Carter Burdette, District 7 Council Member Wendy Davis, District 9 Absent Council Member Salvador Espino, District 2 City Staff Charles Boswell, City Manager David Yett, City Attorney Marty Hendrix, City Secretary With a quorum of the City Council Members present, Mayor Moncrief called the regular session of the Fort Worth City Council to order at 10:23 a.m. on Tuesday, June 19, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Espino absent. Agenda Item H The invocation was given by Reverend Janet Constantine, Faith Lutheran Invocation Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Mayor Moncrief acknowledged the presence of former Mayor Kenneth Barr and former Council Members Steve Murrin, Jim Lane and Clyde Picht in the audience. Agenda Item IV Upon a motion of Council Member Silcox, seconded by Council Member Approval of Scarth, the minutes of the regular meeting of June 12, 2007, were approved Minutes unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. Agenda Item V Council Member Burdette presented a Proclamation for Dump the Pump Day to Special Richard Ruddell, President/Executive Director for The "T". Mr. Ruddell Presentations expressed appreciation for the proclamation and stated that The "T" would offer CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 2 of 34 free fares on all buses on June 20, 2007. He stated that more information on the free fares could be obtained by calling (817) 215-8600 or by visiting The "T's" web site. Mayor Pro tem Hicks presented a Proclamation for Renaissance Cultural Center 14th Annual Dr. Marion J. Brooks Living Legend Awards Day to Jim and Gloria Austin, Founders of the Cowboys of Color Museum Hall of Fame. Mr. Austin expressed appreciation for the proclamation and stated that the center awarded ten $2,500.00 educational scholarships each year and that students interested in the scholarships should call (817) 922-9999. Agenda Item VI Mayor Pro tem Hicks announced that on June 27, 2007, from 6:00 p.m. to 7:00 Announcements p.m., District 8 and the Code Compliance Department would sponsor a Code Forum at the gymnasium of the Meadowbrook United Methodist Church. She expressed appreciation to Assistant City Manager Libby Watson and Code Compliance Director Carl Smart on their suggestion for this meeting which would focus on Code issues on East Lancaster neighborhoods and surrounding neighborhoods. Council Member Burdette announced that the Como Community's 4th of July parade would be conducted on July 4, 2007 at 10:00 a.m., beginning at the southern end of Horne Street and urged everyone to attend the parade. Mayor Moncrief stated that for the past couple of days Fort Worth's neighboring cities had been seriously affected by recent rains which resulted in tremendous loss of life and property. He commended the City's Fire Department Swift Water Rescue Team, Police Officers and other City departments involved in rendering aid. He asked that everyone keep the families who lost loved ones in their prayers and stated that the meeting would be adjourned today in memory of those who lost their lives. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15753, G-15758 and C-22185 be withdrawn from the consent agenda. Consent Agenda Council Member Davis requested that Mayor and Council Communication No. C-22186 be withdrawn from the consent agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-22187 be withdrawn from consideration. Withdrawn By Staff CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 3 of 34 Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Davis, the Council voted eight (8) ayes to zero (0) nays with Council Member Espino absent to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: G-15752 M&C G-15752 - Approving the settlement entitled Gabino Diaz and Anabel Settle Lawsuit Camacho vs. City of Fort Worth, Cause No. 236-217244-06; authorizing the Entitled Gabino payment of$91,301.00 from available funds in the Risk Management Fund in Diaz and Anabel settlement of the referenced suit; and authorizing the appropriate City Camacho vs. City representatives to execute the documents necessary to complete the settlement. of Fort Worth, Cause No. 236- 217244-06 G-15754 M&C G-15754 - Authorizing the City Manager to enhance the National Cutting Authorize Horse Association (NCHA) Summer Spectacular Event through the use of Incentives for Senate Bill 1253 funds crediting the NCHA in the amount of$178,506.00 when NCHA Summer the funds are received from the State of Texas. Spectacular Event G-15755 M&C G-15755 - Authorizing the additional payment of up to $58,507.50 to Pay Relocation NMI Golden Projects d/b/a Namaste, as a displaced business, for additional and Moving relocation and moving expenses from 4125 West Vickery Boulevard in the Expenses for Vickery Corridor, Parcel 70-A1, for right-of-way for the Southwest Parkway Southwest Project (DOE 3777). Parkway Project G-15756 M&C G-15756 - Authorizing the acceptance of the annual allocation payment Ord. No. 17607- from the Law Enforcement Officer Standards and Education Program in the 06-2007 amount of $99,148.62; and adopting Appropriation Ordinance No. 17607-06- Accept Annual 2007 increasing estimated receipts and appropriations in the Special Trust Payment for Fund, Law Enforcement Officer Standards and Education Funds in the amount Education and of$99,148.62 from the Texas Comptroller of Public Accounts for the purpose Training for Police of funding continuing education and training for the Police Department. Department G-15757 M&C G-15757 - Authorizing the Water Department to provide water service at Provide Water 1.25 times the retail rate to Ms. Barbara Duncan to serve her personal residence Service to Ms. located at 2250 Texan Drive, located in Denton County, outside of the Fort Barbara Duncan Worth City limits pursuant to City Code Section 35-60B "Uses Outside City"; to Serve 2250 and authorizing the City Manager to execute an agreement for such services. Texan Drive CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 4 of 34 G-15759 M&C G-15759 - Adopting Supplemental Appropriation Ordinance No. 17608- Ord. No. 17608- 06-2007 increasing appropriations in the Transportation and Public Works 06-2007 Department in the amount of $536,103.92 and decreasing the Parks and Transfer Funds Community Services Department General Fund budget by the same amount, for for Alley the purpose of funding the Alley Maintenance Program; and increasing the Maintenance authorized positions in the Transportation and Public Works Department by Program three full time positions and decrease the authorized positions in the Parks and Community Services Department by three full time positions. P-10598 M&C P-10598 - Authorizing the rejection of all Catalog Information System Reject Offers and Vendor offers received for the third implementation phase of Maximo for the Authorize New Water Department; and authorizing the issuance of a new Request for Offers. Request for Offers to Implement 3rd Phase of Maximo P-10599 M&C P-10599 - Authorizing a lease agreement for tractors and mowers with Tractors and Waxahachie Equipment Company, Incorporated, for the Parks and Community Mowers Services Department based on the following unit prices with payment due 30 days from the date an invoice is received; Description Quantit Annual Lease Cost Annual Total 45 HP Tractor with mowing 8 each $ 6,667.00 $53,336.00 equipment 70 HP Tractor with 15-foot 1 each $12,430.00 $12,430.00 flexwing mower Total $65,766.00 Authorizing this agreement to begin June 19, 2007, and expire June 18, 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 the bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". P-10600 M&C P-10600 - Authorizing a purchase agreement for copier maintenance with Copier Danka Office Imaging for the Reprographics Department; and authorizing this Maintenance agreement to begin June 19, 2007, and expire June 18, 2008, with options to renew for two additional one-year periods. P-10601 M&C P-10601 - Authorizing a purchase agreement with GT Distributors to Furnish Duty furnish duty leather gear for the Police Department based on best value with Leather Gear payment due 30 days after receipt of invoice; authorizing this agreement to CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 5 of 34 begin June 19, 2007, and expire June 18, 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". P-10602 M&C P-10602 - Authorizing a purchase agreement to provide grounds Grounds maintenance and mowing services with Navco Lawn Service for the Parks and Maintenance and Community Services Department based on sole bid received, with payments Mowing Services due 30 days from receipt of invoice; and Vendor Location Number Cost Per Cycle Total Cost of Cycles Navco Lawn North District Medians 10 $9,110.00 $91,100.00 Service Authorizing this agreement to begin June 19, 2007, and expire February 28, 2008. L-14337 M&C L-14337 - Approving the acquisition of two Permanent Water Facility Permanent Water Easements described as a portion of Lot 1D, Block A, White Lake Hills Facility Easements Addition, Fort Worth, Tarrant County, Texas, from Miranda Partners, L.P., located in east Fort Worth for the construction of water infrastructure improvements (DOE 4428); finding that the price offered in the amount of $11,435.00, plus an estimated closing cost of$2,000.00, is just compensation; and authorizing the acceptance and recording of appropriate instruments. C-22185 M&C C-22185 - Authorizing the City Manager to execute a Public-Right-of- Texas Midstream Way Use Agreement with Texas Midstream Gas Services, LLC, (Texas Gas Services, LLC Midstream Gas Services) that grants Texas Midstream Gas Services a license to use certain public rights-of-way of the City of Fort Worth for the purpose of constructing, maintaining and operating two natural gas pipelines. C-22188 M&C C-22188 - Authorizing the City Manager to execute an amendment to the Amend CSC No. Economic Development Program Agreement with TLC Green Property 28551 - TLC Associates I, L.P., (City Secretary Contract No. 28551), for the redevelopment Green Property of the former Bank One Tower located at 500 Throckmorton Street, which has Associates I, L.P. become residential condominiums known as The Tower. C-22189 M&C C-22189 - Authorizing the City Manager to execute a contract with Johnson Controls, Johnson Controls, Inc., to conduct a detailed energy study of Transportation Inc. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 6 of 34 and Public Works, Fire, Public Health, Parks and Community Services Department and Public Library facilities to identify energy saving equipment retrofit opportunities for an amount not to exceed $173,000.00. C-22190 M&C C-22190 - Authorizing the transfer of $200,000.00 from the Crime Ord. No. 17609- Control and Prevention District to the Airport Gas Lease Project Fund; adopting 06-2007 Appropriation Ordinance No. 17609-06-2007 increasing estimated receipts and GRW Engineers, appropriations in the Airport Gas Lease Projects Fund in the amount of Inc. $200,000.00 from available funds for the purpose of executing a design and construction administration services contract with GRW Engineers, Inc., for the Police Air Support Helicopter Hangar at Meacham International Airport; and authorizing the City Manager to execute a design and construction administration services contract in the amount of $138,689.00 with GRW Engineers, Inc., for the Police Air Support Helicopter Hangar at Meacham International Airport. C-22191 M&C C-22191 - Authorizing the City Manager to execute a Job Order Contract Yeargan with Yeargan Construction Company - The Mark IV Construction Group for Construction construction services for minor construction and renovation projects for the Company - The original year with options to renew for four additional one-year periods at the Mark IV City's option; and allowing the maximum value of any individual work order to Construction be $200,000.00. The aggregate amount of work orders in an individual year Group will not exceed $1,000,000.00 without authorization from the City Council. A Mayor and Council Communication will be required for any work order exceeding $25,000.00. C-22192 M&C C-22192 - Authorizing the City Manager to execute a contract with RPGA Design RPGA Design Group, Inc., in the amount of $105,600.00, plus $3,500.00 for Group, Inc. reimbursable expenses, for design and construction administration services for Fire Station No. 27. C-22193 M&C C-22193 - Authorizing the City Manager to execute a contract with S.H.U.C., Inc. S.H.U.C., Inc., in the amount of $592,679.00 for Miscellaneous Storm Drain Improvements at Harlanwood Drive at Overton Park West; Woodway Drive at Wedgway Drive; 2008 Teakwood Trace; Kensington Drive; Chapin Road at Guadalupe Road; Monticello Park; 3436 Clayton Road East; and Fairway storm drain extension, Contract A(Project No. 00093). C-22194 M&C C-22194 - Authorizing the transfer of$43,003.00 from the Storm Water Ord. No. 17610- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 06-2007 Ordinance No. 17610-06-2007 increasing estimated receipts and appropriations ARS Engineers, in the Storm Water Capital Projects Fund in the amount of$43,003.00 from a Inc. Storm Water Utility Fund transfer, for the purpose of executing an engineering CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 7 of 34 agreement with ARS Engineers, Inc., for the Oakwood Trail Storm Drain Extension; and authorizing the City Manager to execute an engineering agreement with ARS Engineers, Inc., in the amount of $35,835.00 for the Oakwood Trail Storm Drain Extension (Project No. 00675). C-22195 M&C C-22195 - Authorizing the transfer of$105,957.00 from the Storm Water Ord. No. 17611- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 06-2007 Ordinance No. 17611-06-2007 increasing estimated receipts and appropriations Stream Water in the Storm Water Capital Projects Fund in the amount of$105,957.00 from a Group, Inc. Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with Stream Water Group, Inc., for a drainage study for City Project No. 00627, Walker Branch and Lorean Branch Culvert Improvements; and authorizing the City Manager to execute an engineering agreement with Stream Water Group, Inc., in the amount of $92,135.00 for a drainage study for the 9100 Trinity Boulevard (Walker Branch and Lorean Branch) Culvert Improvements. C-22196 M&C C-22196 - Authorizing the City Manager to enter into a contract with Mid America Mid America Recycling, d/b/a Vista Fibers, for the collection, transportation Recycling and processing of mixed office paper in municipal buildings; and authorizing Company, d/b/a this contract to begin July 1, 2007, and expire June 30, 2010, with two renewal Vista Fibers options and a total not-to-exceed amount of$30,000.00 per year. C-22197 M&C C-22197 - Authorizing the transfer of $28,608.35 from the Water and Ord. No. 17612- Sewer Operating Fund to the Water Capital Projects fund; adopting 06-2007 Appropriation Ordinance No. 17612-06-2007 increasing the estimated receipts Change Order No. and appropriations in the Water Capital Projects Fund in the amount of 3 to CSC No. $28,608.35 from a Water and Sewer Operating Fund transfer, for the purpose of 32568 - Archer executing Change Order No. 3 to City Secretary Contract No. 32568 with Western Archer Western Constructors, Ltd., for the Eagle Mountain Raw Water Pump Constructors, Ltd. Station Improvements; and authorizing the City Manager to execute Change Order No. 3 to City Secretary Contract No. 32568 with Archer Western Constructors, Ltd., in the amount of$28,608.35, thereby increasing the amount to $7,114,064.29 for the Eagle Mountain Raw Water Pump Station Improvements. C-22198 M&C C-22198 - Authorizing the transfer of $51,620.00 from the Water and Ord. No. 17613- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 06-2007 $50,498.00 and the Sewer Capital Projects Fund in the amount of $1,122.00; Metroport Cities adopting Appropriation Ordinance No. 17613-06-2007 increasing estimated Fellowship, Inc. receipts and appropriations in the Water Capital Projects Fund in the amount of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 8 of 34 $50,498.00 and the Sewer Capital Projects Fund in the amount of $1,122.00 from a Water and Sewer Operating Fund transfer, for the purpose of executing a Community Facilities Agreement with Metroport Cities Fellowship, Inc., for the installation of water and sanitary sewer services to serve Met Church (City Project No. 00774); and authorizing the City Manager to execute a Community Facilities Agreement with Metroport Cities Fellowship, Inc., for the installation of water and sanitary sewer services to serve Met Church, a future development, located in far north Fort Worth. C-22199 M&C C-22199 - Authorizing the City Manager to execute an engineering Freese & Nichols, agreement with Freese & Nichols, Inc., in the amount of $327,500.00 for the Inc. North and South Holly Water Treatment Plant Condition Assessment. C-22200 M&C C-22200 - Authorizing the transfer of $18,336.00 from the Water and Ord. No. 17614- Sewer Operating Fund to the Water Capital Projects Fund in the amount of 06-2007 $17,886.00 and Sewer Capital Projects Fund in the amount of $450.00; Carleton adopting Appropriation Ordinance No. 17614-06-2007 increasing estimated Development, receipts and appropriations in the Water Capital Projects Fund in the amount of LTD $17,886.00 and the Sewer Capital Projects Fund in the amount of$450.00 from a Water and Sewer Operating Fund transfer, for the purpose of executing a Community Facilities Agreement with Carleton Development, LTD, for the installation of water and sanitary sewer services to serve Samuel's Place Apartments (City Project No. 00568); and authorizing the City Manager to execute a Community Facilities Agreement with Carleton Development, LTD, for the installation of water and sanitary sewer services to serve Samuel's Place Apartments, a development located in north Fort Worth. The motion carried. End of Consent Agenda. Agenda Item X There were no changes presented by the City Council in memberships in the Presentations by City's boards and commissions. City Council Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XII There were no presentations by the City Secretary. Presentations by the City Secretary CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 9 of 34 Agenda Item XHI There was presented the Forty-Second (42nd) Supplemental Concurrent Bond Ord. No. 17615- Ordinance authorizing Dallas/Fort Worth (D/FW) International Airport Joint 06-2007 Revenue Refunding Bonds, Series 2007, for lawful purposes; providing the Authorize D/FW security therefore; providing for the sale, execution and delivery thereof subject International to certain parameters; and providing other terms, provisions and covenants with Airport Joint respect thereto. Revenue Refunding Bonds, Council Member Silcox made a motion, seconded by Council Member Burdette Series 2007 that Forty-Second (42nd) Supplemental Concurrent Bond Ordinance No. 17615- 06-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER Mayor Moncrief requested that Mayor and Council Communication Nos. G- 15748, G-15749 and G-15750 be presented at the same time as they were relative to Municipal Setting Designations in District 5. Mr. Brian Boerner, Environmental Management Department Director, appeared before Council and summarized his staff report from the public hearings conducted and closed at the June 5, 2007, Council meeting relative to Mayor and Council Communication Nos. G-15748, G-15749 and G-15750 as follows: G-15748 There was presented Mayor and Council Communication No. G-15748, dated Support June 5, 2007, from the City Manager recommending that the City Council Municipal Setting conduct a public hearing on the application of Direct Fuels, for approval of a Designation for Municipal Setting Designation (MSD) for the properties located at 12401, 12401, 12485 and 12485 and 12625 Calloway Cemetery Road, an approximately 46.004-acre 12625 Calloway tract, more fully described as Lot 3, Block 1, Petroleum Industries, Inc., Cemetery Road Addition and Lot 1, Block 1, Petroleum Industries, Inc., Addition of the J.W. and Prohibit Calloway Survey, Abstract No. 336, Fort Worth, Tarrant County, Texas, to Potable Use of allow the public the opportunity to give testimony; adopt a resolution in support Designated of the application of Direct Fuels to the Texas Commission on Environmental Groundwater Quality for a Municipal Setting Designation at 12401, 12485 and 12625 from Beneath Site Calloway Cemetery Road, Fort Worth, Texas; and adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of Section 11, designating CFW-MSD-0011, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0011; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 10 of 34 providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. G-15749 There was presented Mayor and Council Communication No. G-15749, dated Support June 5, 2007, from the City Manager recommending that the City Council Municipal Setting conduct a public hearing on the application of Goodrich Corporation, for Designation for approval of a Municipal Setting Designation (MSD) for the property located at 4000 South 4000 South Highway 157, an approximately 41.027-acre tract, more fully Highway 157 and described as a tract of land situated in the J. R. Wallace Survey, Abstract No. Prohibit Potable 1699 and being a portion of Lot 1, Block 1 of the Menasco Manufacturing Use of Designated Company Addition, Fort Worth, Tarrant County, Texas, to allow the public the Groundwater opportunity to give testimony; adopt a resolution in support of the application from Beneath Site of Goodrich Corporation to the Texas Commission on Environmental Quality for a Municipal Setting Designation at 4000 South Highway 157, Fort Worth, Texas; and adopt an ordinance amending the Code of the City of Fort Worth (1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of Section 12, designating CFW-MSD-0012, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CFW-MSD-0012; providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. G-15750 There was presented Mayor and Council Communication No. G-15750, dated Support June 5, 2007, from the City Manager recommending that the City Council Municipal Setting conduct a public hearing on the application of Sun Coast Resources, Inc., for Designation for approval of a Municipal Setting Designation (MSD) for the property located at 12409 Calloway 12409 Calloway Cemetery Road, an approximately 2.593-acre tract, more fully Cemetery Road described as Lot 4, Block 1, Petroleum Industries Inc., Addition, Fort Worth, and Prohibit Tarrant County, Texas, to allow the public the opportunity to give testimony; Potable Use of adopt a resolution in support of the application of Sun Coast Resources, Inc., to Designated the Texas Commission on Environmental Quality for a Municipal Setting Groundwater Designation at 12409 Calloway Cemetery Road, Fort Worth, Texas; and adopt from Beneath Site an ordinance amending the Code of the City of Fort Worth(1986), as amended, by the amendment of Chapter 12.5, "Environmental Protection and Compliance", Article IV "Groundwater and Surface Water Quality", by amending Appendix "A" "Municipal Setting Designation Sites in Fort Worth", by the addition of Section 10, designating CFW-MSD-0010, providing for the prohibition of the use of groundwater for potable and irrigation purposes in CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 11 of 34 CFW-MSD-0010; providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $2,000.00 for each offense in violation of the ordinance. Allison Exall Ms. Allison Exall, 1700 Pacific Avenue, Suite 4100, Dallas, Texas, Environmental Attorney representing the Goodrich Corporation, appeared before Council in support of the Mayor and Council Communication No. G- 15749. She assured the Council that the Goodrich Corporation would always be responsible for the contamination plume caused by the former Menasco Manufacturing Company and that the responsibility would not change if the property was purchased and redeveloped. She stated that Goodrich Corporation had complied with the requests of the state and the adjacent school for the past seven years. She responded to the question posed by Mayor Pro tem Hicks relative to future plans of the site by stating that the property was for sale and that buyers had expressed an interest but with the uncertainty surrounding the environmental conditions, no one would purchase the property until the MSD or environmental issues were resolved. She added that the property was zoned Heavy Industrial and that she fully expected that the property would be used as Heavy Industrial in the future. Council Member Silcox requested that Ms. Exall clarify her comments relative to the seven year reference. Ms. Exhall stated that the contamination was discovered over seven years ago and at that time Goodrich reported the contamination to the Texas Commission on Environmental Quality (TCEQ). She reiterated that the Goodrich Corporation would always be responsible for the contamination caused by Menasco. She stated the MSD designation would remove the issue of groundwater from the closure scenario and that the groundwater would not be used or anyone exposed or harmed by the contaminated ground water. Steven George Mr. Steven George, Environmental Consultant that prepared the MSD applications, 1605 Larkspur Drive, Arlington, Texas, appeared before Council in support of the MSDs being approved. He pointed out that it took a long time, sometimes decades, to clean a contaminated area. He stated that the Goodrich Corporation inherited the contaminated site from the previous owners, Menasco Manufacturing Company, and that the surrounding neighborhoods were not affected by the spill as it was all contained within the industrial site. He added that approval of the MSDs would help to clean up the sites and allow them to be developed. Council Member Moss posed questions to Mr. George relative to the flow and movement in the direction of the plume CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 12 of 34 and how far south it went. Council Member Moss also questioned the feasibility of the ground water ever being clean enough to use as drinking water. Mr. George indicated that the plume was stable and flowed to the south and slightly to the southeast. He added that it had good boundaries on the north and did not affect properties on the east or west side of the site. He further stated that chlorinated solvents did not allow the affected water to be cleaned sufficiently to ever be used as drinking water. Lou Blanchard Ms. Lou Blanchard, 12500 S. Pipeline, Euless, Texas, School Director of Treetops School International, appeared before Council in support of the MSDs. She stated that her relationship with the Goodrich Corporation had been very positive and that the company was very proactive in monitoring groundwater contamination. She added that wells on the school's property did not show any level of toxicity and encouraged the Council to approve the MSD. She also clarified that the school had not received any monetary benefit or land benefit from Goodrich Corporation Warren Bonham Mr. Warren Bonham, 12625 Calloway Cemetery Road, Euless, Texas, President of Direct Fuels, appeared before Council in support of Mayor and Council Communication G-15748. He stated that the MSD was the best solution for the entire area. He assured the Council that his company held itself to a very high standard and that the company was always pursing practical solutions to the contamination issues. Kevin Parker Mr. Kevin Parker, 12409 Calloway Cemetery Road, representing Sun Coast Resources, Inc., appeared before Council in support of Mayor and Council Communication No. G-15750. He stated that the company would comply with all environmental and safety requirements of the MSD and requested the Council's favorable consideration. Trista Bowden Ms. Trista Bowden, 12925 Chittamwood Trail, appeared before Council in support of Mayor and Council Communication No. G-15749. She stated that she had attended a meeting on the MSDs and understood their value and why MSDs were created. She pointed out that the MSDs allowed properties to be sold and restored. She talked about the eyesore existing on the property at the present time. She added she wanted the neighborhood cleaned up and requested the Council's favorable consideration of the MSD. Chester Wildey Mr. Chester Wildey, 3621 Smoke Tree Trail, Euless, Texas, appeared before Council in opposition to the MSDs. He pointed out an omission error in the MSD application relative to the application not stating the site was within a few CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 13 of 34 hundred feet from the bluff carved out by the Trinity River which fed Lake Lavene and was the water supply for Houston. He stated this was grounds for denying the application. He emphasized that for many contaminates indicated on the application there were no established safe level and that Council should err on the side of caution. Mayor Pro tem Hicks questioned which property he lived near. Mr. Wildey indicated he was not sure, he had just received a notice of the hearings. David Tuckfield Mr. David J. Tuckfield, Attorney, 12400 Highway 71 West, Suite 350-150, Austin, Texas, representing Flint Hills Resources, appeared before Council in opposition of the MSDs. He summarized the purpose of an MSD and pointed out that the MSD removed the groundwater standard. He expressed concern that applicant did not know the southern boundary of the plume or the depth of the contaminated water. However, the applicant was asking the Council to remove the most stringent standard based on a lack of knowledge. He further stated that TCEQ would not evaluate the groundwater for drinking water standards as that was how the MSD was designed. He urged the Council not to make a decision on the MSDs without having complete knowledge and asked that they deny the MSDs. Council Member Scarth asked Mr. Tuckfield what the plan was for the Flint Hill property and how the MSD would specifically affect his client. Mr. Tuckfield stated that Flint Hills had no plan to change it current operations as it was a terminal facility. He added that the MSD affected Flint Hills as it allowed Goodrich to not address the groundwater contamination under their site. Council Member Scarth inquired if the MSD removed the financial responsibility of the applicant. Mr. Boerner stated that the applicant was still held liable for any problems that resulted from the release held under the MSD that affected other parties. Council Member Moss clarified that Flint Hill was an innocent owner-operator as was Sun Coast Industries, Inc. He added that as it related to the liability for the plume, it had been determined that Flint Hill did not contribute to the plume; and, therefore, the Goodrich Corporation had the legal liability for that responsibility. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 14 of 34 Elizabeth Page Ms. Elizabeth Page, 12550 Trinity Boulevard, Euless, Texas, representing Flint Hill, appeared before Council in opposition of the MSDs. She stated that Flint Hill had provided significant data to the state over the past several years that identified one single plume and not several plumes as referred to by representatives of the Goodrich Corporation. She explained the path the plume traveled under the Flint Hill property, discussed the map used by the Goodrich Corporation which she pointed out was rejected by TCEQ and referred to a letter from TCEQ stating that only a single plume existed on the property and that wells were not appropriately installed. She pointed out that the source of the contamination, the saturated soil on the property that led to the groundwater, had not been removed from the site as stated by the Goodrich Corporation. Michaelann Bush Ms. Michaelann Bush, 12608 Sweet Bay Drive, Euless, Texas, appeared before Council in opposition of the MSDs. She stated that she could not determine how the MSDs would benefit residential neighborhoods. She stated that she would be in support of the MSDs if the property owners could clean the property. She also cautioned the Council about "rubber stamping" these requests. She added that there should be much larger buffer zones between affected neighborhoods and industrial areas. Mayor Moncrief requested that Mr. Boerner respond to the question of whether the plume was stable or not stable and whether contaminates were contained. Mr. Boerner stated that he agreed with the state that from the southern end the Goodrich Corporation did not know where the boundary was. He stated that the plume was not moving north, east or west and that the plume was stable. He added that it was not known how far south the plume had traveled at this point; however, as part of the closure process with the State of Texas, the Goodrich Corporation had to ensure that there was no impact to the inhalation, dermal contact or environmental receptors. Council Member Moss stated that the key issue when the City started looking at the MSD was not from the standpoint of the redevelopment of the Goodrich site, but if there was an impact on the residential neighborhoods that adjoined this property. He added that the neighborhood would not be affected by the MSD and reiterated comments that the Goodrich Corporation would remain responsible for ensuring the contamination was contained whoever owned the property. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 15 of 34 G-15748 Council Member Moss made a motion, seconded by Council Member Davis, Res. No. 3496-06- that Mayor and Council Communication No. G-15748 be approved; adopt 2007 Resolution No. 3496-06-2007 supporting the application of Direct Fuels for a Ord. No. 17616- Municipal Setting Designation for the properties at 12401, 12485 and 12626 06-2007 Calloway Cemetery Road, Fort Worth, Texas, to the Texas Commission on Environmental Quality; and adopt Ordinance 17616-06-2007 prohibiting the potable use of designated groundwater from beneath the site. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15749 Council Member Moss made a motion, seconded by Council Member Davis Res. No. 3497-06- that Mayor and Council Communication No. G-15749 be approved; adopt 2007 Resolution No. 3497-06-2007 supporting the application of Goodrich Ord. No. 17617- Corporation for a Municipal Setting Designation for the property located at 06-2007 4000 South Highway 157, Fort Worth, Texas, to the Texas Commission on Environmental Quality; and adopt Ordinance No. 17617-06-2007 prohibiting the potable use of designated ground water from beneath the site. The motion carried seven (7) ayes to one (1) nay, with Mayor Pro tem Hicks casting the dissenting vote and Council Member Espino absent. G-15750 Council Member Moss made a motion, seconded by Council Member Davis Res. No. 3498-06- that Mayor and Council Communication No. G-15750 be approved; adopt 2007 Resolution No. 3498-06-2007 supporting the application of Sun Coast Ord. No. 17618- Resources, Inc., for a Municipal Setting Designation for the property located at 06-2007 12409 Calloway Cemetery Road, Fort Worth, Texas, to the Texas Commission on Environmental Quality; and adopt Ordinance No. 17618-06-2007 prohibiting the potable use of designated ground water from beneath the site. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15753 There was presented Mayor and Council Communication No. G-15753 from Temporary the City Manager recommending that the City Council approve the request of Closure of Portion Spencer Taylor, representative for 100 West Exchange Avenue, Inc., to of West Exchange temporarily close West Exchange Avenue from North Main Street to Ellis Avenue for Series Avenue to accommodate a series of entertainment street events and to celebrate of Entertainment the grand opening of seven new night club venues beginning at 6:00 a.m. Street Events Friday, June 29, 2007, until 6:00 a.m. Monday, July 2, 2007; and permitting staff to administratively extend the street closure for up to two additional weekends to accommodate pedestrians only. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 16 of 34 Assistant City Manager Joe Paniagua provided a PowerPoint briefing to the Council of the proposed street closure. He addressed how the closure would have an affect on the valet service in the area and the alternate travel route that would be required. Council Member Burdette stated that approving this request would be an unprecedented decision by the Council and he expressed concern with closing a public right-of-way that would benefit only one investor and the impact it would have on fire and safety issues. He added that the closure would be an inconvenience to citizens and other businesses and advised the Council needed to act cautiously on this issue. He further stated that activities in the venue needed to be very closely monitored to ensure compliance with the agreement. (Council Member Moss left his place at the dais.) Council Member Jordan expressed concern with the added cost to the taxpayer relative to the closure. Mr. Paniagua stated that he was not aware of any additional costs the City would incur and advised that 100 West Exchange Avenue, Inc., would hire and pay six additional off-duty Police Officers to work the events. Mayor Pro tem Hicks, on behalf of Council Member Espino, echoed Council Member Burdette's concerns. She recommended that the Council approve the initial three week request and then evaluate whether to extend the closure at the July 10, 2007, Council meeting. Jim Lane Mr. Jim Lane, 1725 Grand Avenue, appeared before Council in support of the street closure. He stated that the events would bring vitality to a once ignored part of the Stockyards. Steve Murrin Mr. Steve Murrin, 500 Northeast 23rd Street, appeared before Council in support of the street closure. He requested the Council consider extending the street closure through July 19, 2007, to accommodate the opening of the West Exchange Social Club. He added that leaving the streets open to traffic during this period would negatively impact customers going back and forth between venues. (Council Member Moss returned to his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 17 of 34 Mark McLean Mr. Mark McLean, 6416 Hilldale Road, appeared before Council in support of the street closure. He stated that valet service would not have difficulty navigating the streets and that bringing new businesses into the Stockyards was more important. Spencer Taylor Mr. Spencer Taylor, 101 N. Roaring Springs Road #5111, representing 100 West Exchange Avenue, Inc., appeared before Council in support of the street closures. He stated that the company would pay the services of off-duty Police Officers required for the closures. Hunter McLean Mr. Hunter McLean, Attorney with Whitaker, Chalk, Swindle & Sawyer, L.L.P., 301 Commerce Street, representing the Stockyards Hotel and H3 Ranch, appeared before Council in opposition of the street closure. He advised the Council that some stakeholders in the Stockyards would be significantly impacted by the street closures. He asked that the placement of Police Officers on 24th Street and Main Street and West Exchange Avenue and Main Street be a requirement on the permit. He added that the left turn signal on 24th Street and Main Street only allowed time for a few cars to proceed through the intersection before turning red. He requested that the signal be programmed to allow at least five cars time to proceed through the intersection. Terry Kearney Mr. Terry Kearney, 109 E. Exchange Avenue, representing the Stockyards Hotel, appeared before Council in opposition of the street closure. He addressed valet and traffic issues and stated that additional Police Officers were needed to enhance the traffic flow during these events. Curt Stovall Mr. Curt Stovall, 1703 Oliver Street, Weatherford, Texas, General Manager of the Stockyards Hotel, appeared before Council in opposition of the street closure. He advised the Council that the street closure would negatively impact the guests staying at the hotel. Marti Taylor Ms. Marti Taylor, 2458 N. Main Street, representing Cattleman's Steak House, appeared before Council in opposition of the street closure. She stated that Police Officers were needed to control traffic and provide safety to customers of the Stockyards. Council Member Burdette stated that he was in support of anything that would increase business in the Stockyards; however, he was not comfortable with the perception that the success of the businesses was dependent on the streets being closed. He recommended that the Council close the streets for the three periods requested and then take another look at the closures at the July 10, 2007, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 18 of 34 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15753 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15758 There was presented Mayor and Council Communication No. G-15758 from Ord. No. 17619- the City Manager recommending that the City Council adopt an ordinance 06-2007 amending Sections 35-57.4(a), "Water Tap Connections" and Sections 35- Amend Section 35- 57.5(a), "Sewer Tap Connections", of Chapter 35 "Water and Sewers", Article 57.4(a) and III "Charges", of the Code of the City of Fort Worth (1986), as amended, by Section 35-57.5(a), amending certain rates and charges to be effective on October 1, 2007; making Chapter 35, this ordinance cumulative of prior ordinances; repealing all ordinances and Article III of City provisions of the Fort Worth City Code in conflict herewith. Code City Manager Boswell advised the Council that a revised Exhibit 1 had been provided to the Council at their places on the dais. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15758 be approved and Ordinance No. 17619-06-2007 be adopted with the revised Exhibit 1. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. G-15760 There was presented Mayor and Council Communication No. G-15760 from Initiate Rezoning the City Manager recommending that the City Council authorize the City in Ridglea North Manager to initiate certain zoning changes for the Ridglea North neighborhood Neighborhood in from "A-5" One Family to "A-21" One Family, "A-10" One Family and "A- Accordance with 7.5" One Family, in accordance with the 2007 Comprehensive Plan. 2007 Comprehensive Council Member Silcox stated that a revised Exhibit A showing the proposed Plan zoning changes per the discussion in Pre-Council had been provided to the Council at their placed on the dais and made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15760 be approved with the revised Exhibit A. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. (Council Member Jordan left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 19 of 34 G-15761 There was presented Mayor and Council Communication No. G-15761 from Ord. No. 17620- the City Manager recommending that the City Council adopt a supplemental 06-2007 appropriation ordinance increasing appropriations in the General Fund in the Fund Contractual amount of$800,000.00 and decreasing the unaudited, unreserved, undesignated Payments for fund balance by the same amount, for the purpose of funding contractual Economic payments for economic development grants; and authorize the City Manager to Development make contractual payments for economic development grants. Grants Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15761 be approved and Supplemental Appropriation Ordinance No. 17620-06-2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Jordan absent. G-15762 There was presented Mayor and Council Communication No. G-15762 from Ord. No. 17621- the City Manager recommending that the City Council adopt an ordinance 06-2007 approving Project and Financing Plans for Tax Increment Reinvestment Zone Approve Project Number Twelve (12), City of Fort Worth, Texas (East Berry Renaissance TIF); and Financing making various finding related to such plans; clarifying the powers of the Board Plan for Tax of Directors of the Zone. Increment Reinvestment Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Zone No. 12 (East Mayor and Council Communication No. G-15762 be approved and Ordinance Berry Renaissance No. 17621-06-2007 be adopted. The motion carried unanimously seven (7) TIF) ayes to zero (0) nays, with Council Members Espino and Jordan absent. G-15763 There was presented Mayor and Council Communication No. G-15763 from Ord. No. 17622- the City Manager recommending that the City Council adopt an ordinance 06-2007 amending Section 35-58, "Front Footage Charges for Service Connection" of Amend Section 35- Chapter 35, "Water and Sewers" of the Code of the City of Fort Worth (1986), 58, Chapter 35 of as amended, to change the name of the section; and to reflect the assessment City Code criteria of water and sewer front foot charges in accordance with the revised calculation method; making this ordinance cumulative of prior ordinances; repealing all ordinances and provisions of the Fort Worth City Code in conflict herewith; adopt the calculation method for front footage charges in the Policy for the Installation of Community Facilities; and adopt the revised water and sewer front footage charges pursuant to the amended ordinance and revised calculation method to be effective October 1, 2007. (Council Member Silcox left his place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 20 of 34 Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-15763 be approved and Ordinance No. 17622-06-2007 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Silcox and Jordan absent. G-15764 There was presented Mayor and Council Communication No. G-15764 from Ord. No. 17623- the City Manager recommending that the City Council adopt an ordinance 06-2007 amending Chapter 35, Water and Sewers, of the Code of the City of Fort Worth Amend Chapter (1986), as amended, by amending definitions contained in Section 35-82; 35, Section 35-82 adding a Division 4 to Article III, Water Main Capacity Charges; providing for by Adding definitions; providing criteria for water main capacity charges for developer- Division 4, Article initiated approach water main projects and City-initiated approach water main III and Article IV projects; providing for the calculation of a water main capacity charge; of the City Code providing for the assessment and payment of a water main capacity charge; and Amend amending Article IV, Reserved; providing for refunds to developers and for the Section III of administration of funds collected from water main capacity charges; making Water and this ordinance cumulative of prior ordinances; repealing all ordinances and Sanitary Sewer provisions of the Fort Worth City Code in conflict herewith; and amend the Installation Policy Policy for the Installation of Community Facilities, Section III "Water and Sanitary Sewer Installation Policy" to incorporate the charges. Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-15764 be approved and Ordinance No. 17623-06-2007 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Silcox and Jordan absent. G-15765 There was presented Mayor and Council Communication No. G-15765 from Ord. No. 17624- the City Manager recommending that the City Council adopt an ordinance 06-2007 adopting a water main capacity charge for a City-initiated 36-inch water main Establish Water on portions of Willow Springs (from Bonds Ranch Road to Avondale-Haslet Main Capacity Road) and Avondale-Haslet Road (from Willow Springs to Moonlake Way); Charge for Water making this ordinance cumulative of other ordinances; repealing all ordinances Main on Portions in conflict herewith; and establish the boundary area for this water main of Willow Springs capacity charge to be reviewed by the Water Department for the possibility of and Avondale- assessing payments to be reimbursed to the Fort Worth Water Department. Haslet Road Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-15765 be approved and Ordinance No. 17624-06-2007 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Silcox and Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 21 of 34 P-10603 There was presented Mayor and Council Communication No. P-10603 from the Rosenbauer City Manager recommending that the City Council authorize the purchase of a Airport Rescue new Rosenbauer airport rescue firefighting apparatus from Emergency Vehicles Firefighting of Texas for the Fire Department at a cost not to exceed $605,666.00 with Apparatus payment due within 30 days of the date of the invoice. Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. P-10603 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Silcox and Jordan absent. C-22186 There was presented Mayor and Council Communication No. C-22186 from the Carnegie, L.P. City Manager recommending that the City Council authorize the City Manager to execute a standard consent agreement with Carnegie Building, L.P., for the installation of data and communication lines across Taylor Street to service the Carnegie Building currently being constructed at 500 Taylor Street. Council Member Davis stated that she withdrew this item from the Consent Agenda as she perceived she had a conflict of interest based on her relationship with Chase Bank. However, after further review she determined that no conflict of interest existed. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22186 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Silcox and Jordan absent. C-22187 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. C-22187, Authorize Execution of an Encroachment Consideration Agreement with Tarrant County College, Authorizing the Use of the Right-of- Way for the Construction of Buildings and Other Improvements to be Located Underneath the Proposed Belknap Bridge, be withdrawn from consideration. C-22201 There was presented Mayor and Council Communication No. C-22201 from the Community City Manager recommending that the City Council authorize the City Manager Development Block to execute Community Development Block Grant Year XXXIII, Emergency Grant Year XXXIII, Shelter Grant Year 2007-2008 and Housing Opportunities for Persons with Emergency Shelter AIDS Year 2007-2008, contracts with the various organizations to administer Grant Year 2007- their respective programs, contingent upon approval and receipt of adequate 2008 and Housing Opportunities for funding from the U.S. Department of Housing and Urban Development, for a Persons with AIDS term beginning June 1, 2007, and ending May 31, 2008; authorize the City Year 2007-2008 Manager to extend or renew the contracts for up to one year if an organization Contracts requests an extension and such extension is necessary for completion of the CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 22 of 34 project; and authorize the City Manager or his designee to amend the contract, if necessary, to achieve program goals, provided the amendment is within the scope of the project and in compliance with all applicable laws and regulations governing the use of federal grant funds. Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22201 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Silcox and Jordan absent. C-22202 There was presented Mayor and Council Communication No. C-22202 from the John Robert City Manager recommending that the City Council find that the statements set Tarasar forth in the recitals of the Tax Abatement Agreement with John Robert Tarasar are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with John Robert Tarasar for the property at 730 The Heights Drive (Block 3, Lot 3, Woodhaven Heights Addition) in the Woodhaven Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22202 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Silcox and Jordan absent. C-22203 There was presented Mayor and Council Communication No. C-22203 from the John Robert City Manager recommending that the City Council find that the statements set Tarasar forth in the recitals of the Tax Abatement Agreement with John Robert Tarasar are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with John Robert Tarasar for the property at 746 Haven Lane (Block 4, Lot 4, Woodhaven Heights Addition) in the Woodhaven Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22203 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Silcox and Jordan absent. C-22204 There was presented Mayor and Council Communication No. C-22204 from the Beverly Alaman City Manager recommending that the City Council find that the statements set forth in the recitals of the Tax Abatement Agreement with Beverly Alaman are CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 23 of 34 true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with Beverly Alaman for the property at 5205 Blackmore Avenue in the Ridglea/Como Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. C-22204 be approved. The motion carried unanimously six (6) ayes to zero (0) nays, with Council Members Espino, Silcox and Jordan absent. (Council Member Jordan returned to his place at the dais.) City Attorney Yett recommended that Council delay action on Mayor and Council Communication Nos. C-22205 and C-22210 through C-22215 until after the Executive Session C-22205, C-22210 Council Member Jordan made a motion, seconded by Council Member Davis, through C-22215 that action on Mayor and Council Communication Nos. C-22205 and C-22210 Action Delayed through C-22215 be delayed until after the Executive Session. The motion Until After carried unanimously seven (7) ayes to zero (0) nays, with Council Members Executive Session Espino and Silcox absent. C-22206 There was presented Mayor and Council Communication No. C-22206 from the BGR Partners, LP City Manager recommending that the City Council authorize the City Manager to execute the Tax Abatement Agreement with BGR Partners, LP; and find that the statements set forth in the recitals of the Tax Abatement Agreements are true and correct. Council Member Moss made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22206 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Silcox absent. C-22207 There was presented Mayor and Council Communication No. C-22207 from the Southwest Office City Manager recommending that the City Council find that Southwest Office Systems Systems (owned by Puente Brothers Investments, LLC) has failed to meet certain commitments made in its Tax Abatement Agreement with the City of Fort Worth (City Secretary Contract No. 21790); authorize the City Manager to reduce the percentage of tax abatement under the Agreement from 25 percent to 15.59 percent for the 2007 tax year; and direct the City Manager to notify Tarrant Appraisal District of such reduction. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 24 of 34 Council Member Moss made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22207 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Members Espino and Silcox absent. C-22208 There was presented Mayor and Council Communication No. C-22208 from the JLB Contracting, City Manager recommending that the City Council authorize the City Manager LP to execute a contract with JLB Contracting, LP, in the amount of$995,165.83 for 70 working days for HMAC Surface Overlay 2007-1 at various locations. (Council Member Silcox returned to his place at the dais.) Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22208 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. C-22209 There was presented Mayor and Council Communication No. C-22209 from the JLB Contracting, City Manager recommending that the City Council authorize the City Manager LP to execute a contract with JLB Contracting, LP, in the amount of$1,734,576.50 for 170 working days for HMAC Surface Overlay 2007-3 at various locations. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22209 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-07-028 It appeared that the City Council, at its meeting of June 5, 2007, continued the Continued Until hearing of the application of Raul Jaquez and Marisol Garcia or a change in July 17, 2007 zoning of property located in the 3400 block of Galvez Avenue; from "J" Medium Industrial to "A-5" One Family Residential, Zoning Docket No. ZC- 07-028. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Mayor Pro tem Hicks stated that she had not had the opportunity to meet with citizens in opposition of the zoning change. She added that she hoped to meet with the staff and citizens within the next month and that it was her intention to continue this zoning case until the July 17, 2007, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 25 of 34 Raul Jaquez Mr. Raul Jaquez, 3400 Galvez Avenue, applicant for the zoning change, appeared before Council in support of the zoning change. He stated that the zoning change had already been delayed once and a further delay prevented him from making repairs to the property damaged by fire. Mayor Pro tem Hicks apologized to Mr. Jaquez for the additional delay and explained that adjacent property owners had expressed concern with the zoning change and she wanted to meet with them to work towards a compromise since the request was for Single Family zoning next to Industrial zoning. Council Member Davis advised that the adjacent property was "J" Medium Industrial and the property owner had the intention of expanding the business in the future. She added that the owner was concerned that with the rezoning of One-Family Residential adjacent to them would prohibit them from expanding as they intended. She pointed out that she suggested that Mayor Pro tem Hicks create "PD" zoning on the industrial site with a narrative that included the opportunity for that expansion efforts in the future, waiving the site plan, but requiring a site plan be filed at the time that the expansion occurred. There being no one else present desiring to be heard in connection with the application of Raul Jaquez and Marisol Garcia, Mayor Pro tem Hicks made a motion, seconded by Council Member Scarth, that the hearing be closed and that Zoning Docket No. ZC-07-028 be continued until the July 17, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino 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 May 23, 2007. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. ZC-07-075 There was presented Zoning Docket No. ZC-07-075 and Site Plan No. SP-07- SP-07-018 018, application of Bill Brammer for a change in zoning of property located at Approved 716 South Jennings Avenue from "G" Intensive Commercial to "PD/SU" Planned Development/Specific Use for all uses in "FR" General Commercial Restricted, and with site plan required for an office building. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-075 and Site Plan No. SP-07-018, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 26 of 34 ZC-07-096 There was presented Zoning Docket No. ZC-07-096 and Site Plan No. SP-07- SP-07-025 025, application of Christ Chapel Bible Church for a change in zoning of Approved property located at 3717 Birchman Avenue, 3613 Pershing Avenue, 2600 Montgomery Street and 3604 Calmont Street from `B" Two Family Residential, "E" Neighborhood Commercial and "J" Medium Industrial to "PD/SU" Planned Development/Specific Use for church parking, with accessory buildings as described below, with site plan required: Lot 11, Block 60, Factory Place Addition From "B" Two Family Residential to "PD/SU" Planned Development/Specific Use as follows: "PD/SU" for 1) church parking in accordance with Site Plan and 2) church and accessory buildings. Church and accessory buildings shall conform to the following building setbacks: Birchman Avenue and Pershing Avenue Front Yard 20 ft. minimum Side Yard 0 ft. minimum except 5 ft. adjacent to Lot 12, Block 54 Corner Lot 0 ft. minimum Hecht 35 feet maximum at building line Landscaping shall be in accordance with 6.301. Lot 16, Block 54, Factory Place Addition From "B" Two Family Residential to "PD/SU" Planned Development/Specific Use as follows: "PD/SU" for 1) church parking in accordance with Site Plan and 2) church and accessory buildings. Church and accessory buildings shall conform to the following building setbacks: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 27 of 34 Birchman Avenue and Pershing Avenue Front Yard 0 ft. minimum Side Yard 0 ft. minimum Corner Lot 0 ft. minimum Hecht 48 feet maximum at building line Landscaping shall be in accordance with 6.301. Lot 6, 7 and a 2,399 square foot of unplatted land, Block 55, Factory Place Addition From "E" Commercial to "PD/SU" Planned Development/Specific Use as follows: For all uses allowed in "E" Commercial and "PD/SU" for 1) church parking in accordance with Site Plan and 2) church and accessory buildings. Church and accessory buildings shall conform to the following building setbacks: Calmont Avenue to Montgomery Street Front Yard 0 ft. minimum Side Yard 0 ft. minimum Corner Lot 0 ft. minimum Hecht 48 feet maximum at building line Landscaping shall be in accordance with 6.301. Signage shall be as shown on the Site Plan. Lot 13 and 14,Block 55, Factory Place Addition From "J" Light Industrial to "PD/SU" Planned Development/Specific Use as follows: For all uses allowed in "J" Light Industrial and "PD/SU" for 1) church parking in accordance with Site Plan and 2) church and accessory buildings. Church and accessory buildings shall conform to the following building setbacks: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 28 of 34 Birchman Avenue to Montgomery Street Front Yard 0 ft. minimum Side Yard 0 ft. minimum Corner Lot 0 ft. minimum Hecht 48 feet maximum at building line Landscaping shall be in accordance with 6.301. Council Member Burdette made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-096 and Site Plan No. SP-07-025, be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. ZC-07-098 There was presented Zoning Docket No. ZC-07-098, application of Recycle Continued Until America Alliance, L.L.C., for a change in zoning of property located at 5674 July 10, 2007 and 5814 Everman Kennedale Road from "CF" Community Facilities to "K" Heavy Industrial. Mayor Pro tem Hicks stated that she had received an e-mail expressing concern with the zoning change. She pointed out that this property was in a suburban area that bordered other cities and that she would meet with the applicant to obtain clarification of the operations at the site as the requested zoning was a significant deviation from that allowed in the Comprehensive Plan. Jim Schell Mr. Jim Schell, 901 Fort Worth Club Building, representing the applicant, appeared before Council in support of the zoning change. He pointed out that this case was on the City's fast-track zoning and was unanimously approved by the City Zoning Commission. He stated that the property was annexed into the City in 1999 and required Industrial zoning because operations at the site included the bending and cutting of steel. He added that his client must close on the property in two weeks from today and the next Council meeting was not scheduled until July 10, 2007, which would negatively impact his client. Mayor Pro tem Hicks stated that she understood Mr. Schell's position; however, she needed the continuation until the July 10, 2007, Council meeting to meet with citizens in opposition of the zoning change. Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Zoning Docket No. ZC-07-098, be continued until the July 10, 2007, Council meeting. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Espino absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 29 of 34 There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17625-06-2007 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 Council Member Espino absent. Agenda Item XVI Mr. Mark McLean, 6416 Hilldale Road, appeared before Council relative to Citizen new ways to clean the City's water without toxins like fluoride and chlorine. Presentations He stated that fluoride caused poisoning over time to individuals who were Mark McLean hyper-sensitive to its effects. He added that he would like the City of Fort Worth take initiatives to remove the fluoride and chlorine from the City's water supply. Chris Wallace Mayor Moncrief acknowledged Mr. Chris Wallace, 3004 Merida Avenue, who desired to address the Council relative to traffic speed cameras; however, Mr. Wallace was not present in the Council Chamber. Tru Picht Mrs. Tru Picht, 5016 Monarda Way, appeared before Council relative to a letter Mayor Moncrief sent to residents in District 6 before the May 12, 2007, Council Election. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 30 of 34 William Mitchell Mr. William Mitchell, 6008 Plants Avenue, appeared before Council relative to flooding in the Handley Triangle neighborhood. He stated that he had contacted several City departments to address this issue and was informed that the area was part of the City's bond program; however, money for this issue was always transferred elsewhere which delayed the needed work in his neighborhood. Mayor Moncrief advised Mr. Mitchell that City staff would take a close look at this area and check its status on the bond listing. He added that staff would provide a report to the Council with their evaluation of the situation and that Mr. Mitchell would also be advised. Council Member Moss requested that Mr. Mitchell meet with his Council Aide, Michelle Reynolds, and provide information about the flooding issue. L. Edward Mr. L. Edward Briscoe, Jr., 2240 Briardale Road, President of the Glencrest Briscoe, Jr. Civic League, appeared before Council relative to the association's opposition of a high impact gas well at the Glen Gardens Country Club. He submitted another petition from individuals in opposition of the gas well and asked that the issue be brought before the Council for discussion and action. He pointed out that the area had vacant properties where the gas well could be located and that waiver provisions in the ordinance did not work when those provisions negatively impacted citizens. City Attorney Yett stated that the applicant for the permit had complied with the ordinance by securing written waivers from all property owners within the affected area and therefore administratively was entitled to the issuance of the permit. He requested that Assistant City Attorney Sarah Fullenwider to describe what the timetable was for the permit issuance. Assistant City Attorney Sarah Fullenwider explained that the ordinance required City staff issue a permit within 30 days if the company had met all the requirements. She stated that the Four Sevens Oil Company had met all requirements of the ordinance and the permit would be administratively issued on June 22, 2007. Mayor Pro tem Hicks reiterated staff comments and stated that she was concerned about the misinformation going out to residents in the Rolling Hills area. She stated that there was no way this issue would come before the Council and therefore she met with Four Sevens Oil Company, the drilling company and the Glen Garden Country Club to develop an alternate travel CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 31 of 34 route for the trucks. She added that she had been informed by the Transportation and Public Works Department that the alternate route had been approved. She pointed out that two property owners within 600 feet of the proposed well site had signed waivers and that the issue was out of the Council's control. She added that she had not heard from these property owners that they had been misled in any way. Assistant City Attorney Fullenwider advised that the Four Sevens Oil Company did require those waivers from the only two property owners within 600 feet of the site and that the waivers had been signed and filed in the deed records as required by the ordinance. Mayor Moncrief commended Mayor Pro tem Hicks's work on this issue and stated that she had gone above and beyond normal expectations to ensure everyone's voice was heard. He added that the Council was comfortable with her direction on this issue. Agenda Item XVII It was the consensus of the City Council that they recess into Executive Session Executive Session at 1:05 p.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning Allied Waste Systems, Inc., d/b/a Trinity Waste Services; b) Legal issues concerning the sale of tax-foreclosed properties; c) Legal issues regarding the Texas Clean Air Cities Coalition; d) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 32 of 34 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. 5. Deliberate concerning the appointment of a City Manager and a City Auditor in accordance with Section 551.074 of the Texas Government Code. The Executive Session was adjourned at 1:55 p.m. Reconvened The City Council reconvened into regular session at 1:59 p.m. Council Member Davis was absent. Council Member Silcox made a motion, seconded by Council Member Scarth, that Mayor and Council Communication Nos. C-22205 and C-22210 through C-22215 be approved by a single motion. The motion carried unanimously seven (7) ayes to zero (0) nays, with Council Member Espino and Davis absent. C-22205 Mayor and Council Communication No. C-22205 from the City Manager Conatser recommending that the City Council authorize the City Manager or his designee Construction, Inc., to execute Agreements for Resolution by Arbitration with Conatser and Conatser Construction, Inc., and Conatser Construction Texas, L.P. Construction Texas, L.P. C-22210 Mayor and Council Communication No. C-22210 from the City Manager Ord. No. 17626- recommending that the City Council authorize the transfer of$70,545.00 from 06-2007 the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; adopt Conatser Appropriation Ordinance No. 17626-06-2007 increasing estimated receipts and Construction appropriations in the Sewer Capital Projects Fund in the amount of$70,545.00 Texas, LP from a Water and Sewer Operating Fund transfer, for the purpose of executing a contract with Conatser Construction Texas, LP, for Paving, Drainage and Water and Sewer Improvements on Phase 1 of Keller-Hicks Road, City Project No. 00653; and authorize the City Manager to execute a contract with Conatser Construction Texas, LP, in the amount of$1,704,197.50 for Paving, Drainage and Water and Sewer Improvements on Phase I of Keller-Hicks Road from 750 feet west of Ridgeview through the Alta Vista Intersection (DOE 5317). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19, 2007 PAGE 33 of 34 C-22211 Mayor and Council Communication No. C-22211 from the City Manager Ord. No. 17627- recommending that the City Council authorize the transfer of $3,409,486.00 06-2007 from the Water and Sewer Operating Fund to the Water Capital Projects Fund Conatser in the amount of$1,405,326.00 and Sewer Capital Projects Fund in the amount Construction of $2,004,160.00; adopt Appropriation Ordinance No. 17627-06-2007 Texas, LP increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of $1,405,326.00 and the Sewer Capital Projects Fund in the amount of $2,004,160.00 from a Water and Sewer Fund transfer, for the purpose of executing a contract with Conatser Construction Texas, LP, for Water and Sanitary Sewer Relocations for SH-121T (Southwest Parkway), Parts 1, 5 and 7A (City Project No. 00204); and authorize the City Manager to execute a contract with Conatser Construction Texas, LP, in the amount of $3,184,938.00 for Water and Sanitary Sewer Relocations for SH-121T (Southwest Parkway), Parts 1, 5 and 7A. C-22212 Mayor and Council Communication No. C-22212 from the City Manager Ord. No.17628-06- recommending that the City Council authorize the transfer of $2,484,844.00 2007 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Conatser adopt Appropriation Ordinance No. 17628-06-2007 increasing estimated Construction receipts and appropriations in the Sewer Capital Projects Fund in the amount of Texas, LP $2,484,844.00 from a Water and Sewer Operating Fund transfer, for the purpose of executing a contract with Conatser Construction Texas, LP, for Clearfork Drainage Basin Sanitary Sewer System Rehabilitation and Improvements, Part 1 (City Project No. 00437); and authorize the City Manager to execute a contract with Conatser Construction Texas, LP, in the amount of $2,273,569.00 for Clearfork Drainage Basin Sanitary Sewer System Rehabilitation and Improvements, Part 1. C-22213 Mayor and Council Communication No. C-22213 from the City Manager Ord. No. 17629- recommending that the City Council authorize the transfer of $1,128,482.00 06-2007 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; Conatser adopt Appropriation Ordinance No. 17629-06-2007 increasing estimated Construction receipts and appropriations in the Sewer Capital Projects Fund in the amount of Texas, LP $1,128,482.00 from a transfer from the Water and Sewer Operating Fund for the purpose of executing a contract with Conatser Construction Texas, LP, for Sanitary Sewer Rehabilitation Contract LV (55); and authorize the City Manager to execute a contract with the lowest responsible bidder, Conatser Construction Texas, LP, in the amount of $1,013,111.00 for Sanitary Sewer Rehabilitation Contract LV (55), Unit 2 (City Project No. 00431). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JUNE 19,2007 PAGE 34 of 34 C-22214 Mayor and Council Communication No. C-22214 from the City Manager Conatser recommending that the City Council authorize the City Manager to execute a Construction contract with Conatser Construction Texas, LP, in the amount of$2,436,630.00 Texas,LP for Southside II Water Transmission Main, Part 3 from the Oak Grove Road/Oak-Shelby Road intersection to north of the Everman Parkway/Oak Grove Road Intersection(City Project No. 00303). C-22215 Mayor and Council Communication No. C-22215 from the City Manager Ord. No. 17630- recommending that the City Council authorize the transfer of $1,068,200.00 06-2007 from the Water and Sewer Fund to the Water Capital Projects Fund in the Conatser amount of $647,241.00 and Sewer Capital Projects Fund in the amount of Construction $420,959.00; adopt Appropriation Ordinance No. 17630-06-2007 increasing Texas,LP estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$647,241.00 and the Sewer Capital Projects Fund in the amount of $420,959.00 from a Water and Sewer Fund transfer, for the purpose of executing a contract with Conatser Construction Texas, LP, for Trinity Bluff Water and Wastewater Improvements on East Peach and Pharr Streets (City Project No. 00102); and authorize the City Manager to execute a contract with Conatser Construction Texas, LP, in the amount of $943,640.00 for Trinity Bluff Water and Wastewater Improvements. Agenda Item There being no further business, the meeting was adjourned at 2:03 p.m. in XVIII memory of people who lost their lives in the recent high water storms. Adjournment These minutes approved by the Fort Worth City Council on the 10th day of July, 2007. Attest: Approved: r Marty He A rix Mic ael t rie City Secretary Mayor