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HomeMy WebLinkAbout2007/07/31-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 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 Frank Moss, 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 Peter Vaky, Senior Assistant 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 10:14 a.m. on Tuesday, July 31, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item H The invocation was given by Father Jonathan Ogujiufor, St. Simon of Cyrene Invocation Episcopal Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Moss, seconded by Council Member Davis, Approval of the minutes of the regular meeting of July 24, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Ms. Judy Bland, Chair, Mayor's Committee on Persons with Disabilities Special presented the 2007 Mayor's Committee on Persons with Disabilities Presentations Scholarships to Mr. Jonathan Studstill and Mr. Nathan Post. Council Member Espino presented a Proclamation for Community Health Center Week to Mr. John Hernandez, Board President, Albert Galvan Health Clinic. Council Member Silcox stated that he had addressed the possibility of working with Tarrant County, various school districts and the City to enlarge school nursing offices into mini-clinics to provide evening health care for citizens from 3:00 p.m. to 9:00 p.m. He added that this would take community health into neighborhoods that do not presently have anything. He stated that he had CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 2 of 15 mentioned this from time to time during his tenure on the Council and added that a joint working relationship with the school districts and county was needed to make this happen. Council Member Silcox presented a Proclamation for National Night Out to Deputy Chief Patricia Kneblick, Fort Worth Police Department. Chief Kneblick recognized citizens that serve on the Code Blue and Citizens on Patrol. She presented McGruff the Crime Dog and the "Knight", the character for the National Night Out campaign. Agenda Item VI Council Member Scarth recognized Mr. Robbie Hudson, Boy Scout from Troop Announcements 589, Longhorn Council and his father. Council Member Scarth stated that Robbie Hudson was attending the meeting working towards his Citizenship in the Community Badge. He also announced that beginning today through August 5, 2007, at Gateway Park, the ASA National Softball Tournament for girls would take place and encouraged everyone to attend. Council Member Silcox reinforced his previous announcements relative to the illegal practice of residents and landscaping companies blowing leaves and grass clippings into the street. He reiterated that leaves and grass clippings in the street eventually ended up in the drainage systems and caused them to clog and not function as intended. He pointed out that anyone caught blowing grass clippings or leaves into the street could be fined up to $2,000.00. He also announced that Harris Parkway that ran between Dirks Road on the south and Dutch Ranch Road on the north, would be closed starting August 6, 2007, through December 4, 2007, to remove the two lane road and build the final extension of Harris Parkway. He added that there would be a new hospital opening on Harris Parkway and Dirks Road on December 6, 2007, and the road had to be completed by that time. He further stated that an alternate route would be to use Bryant Irvin Road or Granbury Road during the closure. Mayor Pro tem Hicks expressed appreciation to City staff for their presence at the Evans Avenue update to the community last week. She stated there was standing room only at the meeting and that the area was well on its way to commercial and residential development. She also announced that the Near Southside Rezoning public meeting, which encompassed Districts 8 and 9, would be conducted this evening at 6:00 p.m. in the Council Chamber and that on August 2, 2007, the second public workshop on the South Main Urban Village would take place from 6:30 p.m. to 8:30 p.m. at Broadway Baptist Church and encouraged everyone in those areas to attend. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 3 of 15 Council Member Burdette advised everyone in northwest Fort Worth that a public meeting would be held on August 8, 2007, at 6:00 p.m. regarding the new Northwest Library and encouraged everyone interested to attend. He stated that it would be held at 6801 Bowman Roberts Road, the City's Water Treatment Plant. Council Member Espino announced that on August 4, 2007, beginning at 8:00 a.m. at the Will Rogers Round Up Inn, the Hispanic Wellness Fair would be conducted. He also announced that tonight at 7:00 p.m. at the Northwest Bible Church on Jacksboro Highway and North Beverly Hills, a Gas Well Community meeting would be conducted for the North Beverly Hills area and that on August 1, 2007, at Riverside Community Center on Belknap Street, a Six Points Urban Village meeting would be conducted. Council Member Davis announced that on September 6, 2007, at Capstone Church on Rogers Road a meeting would be conducted to discuss the gas drilling intentions of Chesapeake on the parcel of wooded property immediately to the west of the church property. She stated that representatives of Chesapeake, the Tarrant Regional Water District, Streams and Valleys and representatives from various trail user groups in the City would be present. She added that notices would be sent to neighborhood associations so that they could advise their members about the meeting. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from PZ-2746 and C-22277 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-22277 be continued until the August 9, 2007, Council meeting. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Mayor Pro tem Consent Agenda Hicks, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all remaining items on the Consent Agenda as recommended and as follows: OCS-1618 M&C OCS-1618 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 4 of 15 G-15797 M&C G-15797 - Rejecting all bids received for HMAC Surface Overlay Reject Bids and (2007-5); and authorize re-advertising the project for bid at earliest possible Re-Advertise for time. HMAC Surface Overlay (2007-5) G-15798 M&C G-15798 - Authorizing the City Manager to apply for, accept, reject, alter Ord. No. 17673- or terminate, if awarded, four 2008 grants from the Office of the Governor, 07-2007 Criminal Justice Division (CJD). These FY 2008 grants include Computer Fund Computer Crime Fraud and Video Evidence Expansion, Cold Case Investigation, Crime Fraud and Domestic Assault Response Team and Enhanced Domestic Assault Response Video Evidence Team; authorizing the City Manager to agree to provide all required matching Expansion, Cold funds; authorizing the City Manager to designate the Assistant City Manager Case Investigation, who oversees the Police Department as the authorized official to accept, reject Domestic Assault or alter the CID grants after they are awarded; providing assurance that funds Response Team will be returned to the Criminal Justice Division in full in the event of loss or and Enhanced misuse of CID grant funds; authorizing the City Manager to transfer Domestic Assault $168,975.00 from the State Awarded Assets Fund to the Grants Fund for the Response Team City's match; and adopting Appropriation Ordinance No. 17673-07-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $499,553.00 subject to receipt of the grant from the Office of the Governor, Criminal Justice Division for the purpose of funding the Computer Crime Fraud and Video Evidence Expansion, Cold Case Investigation, Domestic Assault Response Team and Enhanced Domestic Assault Response Team. G-15799 M&C G-15799 - Adopting Ordinance No. 17674-07-2007 adjusting the total Ord. No. 17674- number of authorized civil service positions in the Police Department; adding 07-2007 one sergeant position, six corporal/detective positions, and five police officer Adjust Civil positions; providing a statement of purpose and intent for the adoption and Service Positions implementation of this ordinance; providing that this ordinance shall be in Police cumulative; and providing a severability clause. Department CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 5 of 15 G-15800 M&C G-15800 - Authorizing the City Manager to accept a monetary donation Ord. No. 17675- in the amount of $28,805.00 from an anonymous donor; adopting 07-2007 Appropriation Ordinance No. 17675-07-2007 increasing estimated receipts and Ord. No. 17676- appropriations in the Special Gifts Fund in the amount of $28,805.00 from 07-2007 available funds, for the purpose of transferring said funds to the General Fund Accept to fund equipment purchases for various fire stations; authorizing the transfer of Anonymous $28,805.00 from the Special Gift Fund to the General Fund; adopting Monetary Supplemental Appropriation Ordinance No. 17676-07-2007 increasing Donation and estimated receipts and appropriations in the General Fund in the amount of Purchase $28,805.00 from a Special Gifts Fund transfer, for the purpose of funding Equipment for equipment purchases for various fire stations; and authorizing the purchase of Various Fire various equipment as specified in the grant disbursement guidelines in the Stations amount of$28,805.00. P-10632 M&C P-10632 - Authorizing a purchase agreement for guardrail and Guardrail and accessories with Structural and Steel Products, Inc., for the Transportation and Accessories Public Works Department based on sole bid received, with payment due 30 days from the date of the invoice; authorizing this agreement to begin July 31, 2007, and expire July 30, 2008, with options to renew for three 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 Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". L-14356 M&C L-14356 - Authorizing the conveyance of a tax-foreclosed property Convey Tax located at 3204 South Adams, Lot 213, Block 42 of the South Hemphill Heights Foreclosed Addition, to Juan and Ruth Blanco in accordance with Section 34.05 of the Property Texas State Property Tax Code (DOE 0920); authorizing the City Manager to execute and record the appropriate documents conveying the property to complete the sale; and authorizing the Engineering Department, Real Property Services Division to pay the closing and documentation costs of the conveyance. C-22271 M&C C-22271 - Authorizing the City Manager to enter into a Design Contract Helmick& with Helmick & Schechter, Inc., to develop an artwork design for the lobby of Schechter, Inc. the new Nashville Police Station (NPD No. 6), in an amount not to exceed $50,000.00. C-22272 M&C C-22272 - Authorizing the City Manager to execute an agreement Tarrant County between the Tarrant County Tax Assessor-Collector and the City of Fort Worth Tax Assessor- for providing assessment and collection services of ad valorem taxes levied by Collector the City for the 2007 Tax Year (FY 2007) covering the period October 1, 2007, to September 30, 2008. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 6 of 15 C-22273 M&C C-22273 - Authorizing the City Manager to execute an agreement Tarrant County between the Tarrant County Tax Assessor-Collector and the City of Fort Worth Tax Assessor- for providing collection services of the Fort Worth Public Improvement Collector Districts Assessments levied by the City for the 2007-2008 Tax Year covering the period October 1, 2007, to September 30, 2008. C-22274 M&C C-22274 - Authorizing the City Manager to execute Amendment No. 3 to Amendment No. 3 an Advance Funding Agreement with the Texas Department of Transportation to Advance (TxDOT) for a Congestion Mitigation and Air Quality Improvement Project for Funding Hulen Street at IH-20 to increase federal participation from $492,000.00 to Agreement- $1,075,280.00 and the City's participation by $91,700.00 to $249,820.00. TxDOT C-22275 M&C C-22275 - Adopting Appropriation Ordinance No. 17677-07-2007 Ord. No. 17677- increasing estimated receipts and appropriations in the 2007 Critical Capital 07-2007 Projects Fund in the amount of $515,000.00 from available funds, for the Tarrant County purpose of executing an Interlocal Agreement with Tarrant County, for improvement to Keller-Hicks Road (Project No. 00653); and authorizing the City Manager to execute an Interlocal Agreement with Tarrant County for cost participation in the amount of $515,000.00 in the reconstruction of Keller- Hicks Road from 750 feet west of Ridgeview Circle through the Alta Vista Road Intersection. C-22276 M&C C-22276 - Authorizing the City Manager to execute Amendment No. 1 to Amendment No. 1 a professional services agreement with Perkins and Will in the amount of to Professional $343,972.00 to complete the design of the Neighborhood Police Station and Services Traffic Division facility located at 1100 Nashville Avenue for an agreement Agreement - amount not to exceed $639,370.00. Perkins and Will C-22278 M&C C-22278 - Authorizing the execution of one Storm Water Facility BD Development, Maintenance Agreement from BD Development, L.P., for property located in L.P. north Fort Worth(DOE 5325). C-22279 M&C C-22279 - Authorizing Amendment No. 3 to City Secretary Contract No. Amendment No. 3 29196 with MACTEC Engineering and Consulting, Inc., in the amount of to CSC No. 29196 $50,920.33 for geo-technical and construction material testing services - MACTEC resulting in a total contract amount of$274,920.33. Engineering and Consulting, Inc. The motion carried. End of Consent Agenda. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 7 of 15 Agenda Item X Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, Presentations by that the following individuals be appointed to boards and commissions City Council indicated effective July 31, 2007: Appointments City Plan Commission Charles Edmond, Place 4 Term Expiring: October 1, 2008 Urban Forestry Board Anne Alderfer, Place 4 Term Expiring: October 1, 2008 The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Burdette made a motion, seconded by Council Member Espino, that Michael Curran Ward be appointed to Place 7 on the Urban Forestry Board effective July 31, 2007, and with a term expiring October 1, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. C.P. No. 269 There was presented Council Proposal No. 269 proposing that the City Council Waive Permit Fees authorize a waiver of all platting, application and permitting fees related to the for Fort Worth construction of the Fort Worth Zoo's Museum of Living Art (MOLA) building. Zoo MOLA Building Council Member Davis advised that Council procedure provided that Council Proposals were first introduced at one Council meeting and followed by Council action at the proceeding Council meeting. She added that Council action on this Council Proposal would occur on August 9, 2007. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XHI There was presented a resolution appointing the following members to the Res. No. 3506-07- Board of Trustees for the Fort Worth Local Development Corporation effective 2007 July 31, 2007, and with a term expiring July 1, 2009: Appoint Board of Trustees for Fort Mike Moncrief Worth Local Sal Espino Development Chuck Silcox Corporation Danny Scarth Frank Moss Jungus Jordan Carter Burdette Kathleen Hicks Wendy Davis CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 8 of 15 Council Member Jordan made a motion, seconded by Council Member Burdette, that Resolution No. 3506-07-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Res. No. 3507-07- There was presented a resolution approving City of Fort Worth Candidate 2007 Projects for 2007 Regional Toll Revenue Funding Initiative. Approve Candidate Senior Assistant City Attorney Vaky advised that the resolution would include Projects for 2007 the attachment that had been distributed to the Council during the Pre-Council Regional Toll Worksession. Revenue Funding Initiative Council Member Espino made a motion, seconded by Council Member Davis, that Resolution No. 3507-07-2007 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15801 There was presented Mayor and Council Communication No. G-15801 from Ord. No. 17678- the City Manager recommending that the City Council adopt an ordinance 07-2007 providing for the implementation of an automated red light enforcement Amend Chapter program in the City of Fort Worth, Texas, through the amendment of Chapter 22, by Adding 22, "Motor Vehicles and Traffic", of the Code of the City of Fort Worth, Texas Article XII of City (1986), as amended, by the addition of Article XII, titled Automated Red Light Code Enforcement; imposing a civil penalty of$75.00 per violation and a $25.00 late payment penalty; providing that this ordinance is cumulative; providing for severability; providing for publication and becoming effective the day after the second publication date. City Manager Boswell advised that the contract relative to this issue would come before the Council at the August 9, 2007, Council meeting. Mayor Moncrief expressed appreciation to the Council for supporting this ordinance. He stated that he was very comfortable that the City was moving in the right direction on this issue. Council Member Jordan stated that he had received overwhelming response from citizens in support of the implementation of red light cameras. He added that he had received many e-mails from citizens that addressed the issue of the City taking away their liberties and pointed out that no one had the liberty to break the law or endanger someone else's life; this was a means of enforcing the laws of the land. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 9 of 15 Council Member Silcox stated that those who had opposition to the red light cameras, presumed that the City was trying to make money. He added that he had been an advocate for the installation of red light cameras for six or seven years and had suggested to Robert Goode, Transportation and Public Works Director, yesterday that at those intersections where the cameras were installed, an audit of the yellow light timing be conducted to show the public that the City was not shortening the time the light stayed yellow just to make money. Council Member Burdette stated that the purpose of the red light cameras was to alert the citizens to be careful at traffic light signals and to obey the signals. He added that whether the City raised money or not was immaterial, but hoped the City received enough money to cover the costs of operating the program. Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15801 be approved and Ordinance No. 17678-07-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. PZ-2746 There was presented Mayor and Council Communication No. PZ-2746 Res. No. 3508-07- recommending that the City Council adopt a resolution closing a 16-foot wide 2007 by 500-foot long east-west public alley located in the 2700 block between Sixth Alley Closure Street and Fifth Street and between Carroll Street and Foch Street adjacent to (VA-007-011) Lots 1-20 in Block 15 of the K.M. Van Zandts 2nd Addition, Fort Worth, Tarrant County, Texas. Clint Vincent Mr. Clint Vincent, 1603 LBJ Freeway, Dallas, Texas, representing Centex Homes, appeared before Council in support of the alley closure. Council Member Burdette advised the Council that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would be abstaining from voting on this issue. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. PZ-2746 be approved and Resolution No. 3508-07-2007 be adopted. The motion carried eight (8) ayes to zero (0) nays, with one abstention from Council Member Burdette. C-22277 It was the consensus of the City Council that Mayor and Council American Traffic Communication No. C-22277, Authorize Execution of a Contract with Solutions, Inc. American Traffic Solutions, Inc., for an Automated Red Light Enforcement Continued Until Program through an Interlocal Cooperative Purchasing Agreement with the City August 9, 2007 of Arlington and Adopt Appropriation Ordinance, be continued until the August 9, 2007, Council meeting. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 10 of 15 C-22280 There was presented Mayor and Council Communication No. C-22280 from the BLG Northside City Manager recommending that the City Council authorize the City Manager Development, LP to execute an agreement with BLG Northside Development LP (BLG), for the purchase of approximately 36 acres of City-owned property near the intersection of North Fifth Street and Commerce Street in accordance with the terms and conditions of BLG's Lease Agreement and Option to Purchase (City Secretary Contract No. 33411); and authorize the City Manager to execute a related agreement for the purposes of allocating a joint gas drilling site for the extraction of natural gas in the vicinity of the property. Council Member Espino made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22280 be approved with appreciation. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22281 There was presented Mayor and Council Communication No. C-22281 from the Tarrant County City Manager recommending that the City Council authorize the City Manager to enter into standard encroachment agreements with Tarrant County for the purposes of allowing use of the right-of-way for street boring and installation of chilled water lines and IT fiber conduit across West Weatherford, West Belknap and West Houston Streets as part of the Tarrant County Courthouse renovation project. (Council Member Silcox left his place at the dais.) Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22281 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22282 There was presented Mayor and Council Communication No. C-22282 from the Tarrant County City Manager recommending that the City Council authorize the City Manager College to execute an Encroachment 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 Street bridge. Council Member Davis made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22282 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 11 of 15 C-22283 There was presented Mayor and Council Communication No. C-22283 from the Cypress Equities City Manager recommending that the City Council authorize the City Manager to execute an Economic Development Program Agreement with Cypress Equities (subject to subsequent, non-material changes agreed to by the parties) related to a mixed-use project to be constructed in the vicinity of West 7 t Street, Crockett Street, Norwood Street and Foch Street; and find that the terms and conditions of the Agreement constitute a custom-designed economic development program, as recommended by the 2007 Comprehensive Plan and authorized by Chapter 380 of the Texas Local Government Code. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22283 be approved with appreciation to Jay Chapa and staff from the Economic and Community Development Department and Mark Rauscher from the Transportation and Public Works Department. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22284 There was presented Mayor and Council Communication No. C-22284 from the Centerline City Manager recommending that the City Council authorize the City Manager Construction to execute a contract with Centerline Construction Services, Inc., in the amount Services, Inc. of $2,191,666.00, to construct Fire Station No. 11 located near Highway 114 and Harriett Creek Drive on the Northwest Independent School District campus. Council Member Espino made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22284 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. C-22285 There was presented Mayor and Council Communication No. C-22285 from the Prime City Manager recommending that the City Council authorize the City Manager Construction to execute a contract with Prime Construction Company, in the amount of Company $2,550,800.00, for the construction of Fire Station No. 41, Willow Springs Road. Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22285 be approved with appreciation to staff and the Fort Worth Fire Department. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 12 of 15 AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL SP-07-026 It appeared that the City Council, at its meeting of July 24, 2007, continued the Approved hearing of the application of Whan Y. Ro for a change in zoning of property located at 1220, 1222 and 1224 Circle Park Boulevard for site plan to amend "PD-511" Planned Development for retail sales and to relocate proposed structures. Lights on canopy are to be turned off when closed and chain locked at night, Site Plan No. SP-07-026. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. There being no one present desiring to be heard in connection with the application of Whan Y. Ro, Council Member Espino made a motion, seconded by Council Member Davis, that the hearing be closed and that Site Plan No. SP- 07-026 be approved by amending the site plan to remove the requirement that the chain be locked at night. The motion carried unanimously eight (8) ayes to zero (0) nays, with Council Member Silcox absent. ZC-07-082 It appeared that the City Council, at its meeting of July 10, 2007, continued the Approved hearing of the application of Waterview Estates North, L.P., for a change in zoning of property located in the 4701, 5100 through 5200 block of East Loop 820 South from "MH" Manufactured Housing to "A-5" One Family Residential (Tract 1) and "PD/FR" Planned Development for "FR" General Commercial Restricted, and excluding automotive repair, paint and body shop, car wash, parking area or garage, vehicle sales or rentals, and with waiver of site plan requested (Tract 2), Zoning Docket No. ZC-07-082. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. (Council Member Silcox returned to his place at the dais.) There being no one present desiring to be heard in connection with the application of Waterview Estates North, L.P., Council Member Moss made a motion, seconded by Council Member Espino, that the hearing be closed and that Zoning Docket No. ZC-07-082 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL SP-07-024 It appeared that the City Council, at its meeting of July 10, 2007, continued the Returned to City hearing of the application of Aguilar Children's Trust for a change in zoning of Zoning property located at 2700 Green Oaks Road for site plan to amend "PD-697" Commission Planned Development for a hotel to increase the overall square footage of the pole sign, Site Plan No. SP-07-024. Mayor Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 13 of 15 There being no one present desiring to be heard in connection with the application of Aguilar Children's Trust, Council Member Silcox made a motion, seconded by Council Member Davis, that the hearing be closed and that Site Plan No. SP-07-024 be returned to the City Zoning Commission as the case was improperly noticed. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Silcox made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17679-07-2007 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FORT WORTH, BEING ORDINANCE NO. 13896, AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY RESIDENCE AND OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF THE BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNICIPALITY INTO DISTRICTS AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS"; PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION AND NAMING AN EFFECTIVE DATE. The motion carried unanimously nine (9) ayes to zero (0) nays. (Council Member Silcox left his place at the dais and did not return.) Agenda Item XVI Mayor Moncrief recognized Mr. Mark McLean, 6416 Hilldale Road, who Citizen desired to appear before Council relative to fluoride and civil rights; however, Presentations Mr. McLean was not present in the Council Chamber. Mark McLean C.L. Pope Mayor Moncrief recognized Mr. C.L. Pope, 6925 Sandstone Court, who desired to appear before Council relative to mowing issues involving Code Compliance; however, Mr. Pope was not present in the Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 31, 2007 PAGE 14 of 15 Agenda Item XVII It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:05 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning the Employees' Retirement Fund; b) Legal issues concerning the Fair Labor Standards Act; c) Legal issues regarding CPRC 125 and Chapter 54 of the Local Government Code relating to Park Terrace Apartments; d) Legal issues concerning collections and warrants for municipal court citations; e) Legal issues concerning any item listed on today's City Council meeting agendas; and 2. Deliberate the purchase, sale, lease, or value of real property in accordance with Section 551.072 of the Texas Government Code. Deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third party; and 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. 5. Deliberate concerning the appointment of a City Manager and a City Auditor in accordance with Section 551.074 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 1:00 p.m. CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING JULY 31,2007 PAGE 15 of 15 Agenda Item There being no further business, the meeting was adjourned at 1:00 p.m. XVIII Adjournment These minutes approved by the Fort Worth City Council on the 9th day of August, 2007. Attest: Approved: Y I� Marty Hei rix Michael J one City Secretary Mayor