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HomeMy WebLinkAbout2007/07/24-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 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 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 10:08 a.m. on Tuesday, July 24, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Mayor Pro tem Hicks and Council Member Scarth temporarily absent. Agenda Item H The invocation was given by Mr. T.J. Patterson, Manager of Legislative Invocation Affairs, Governmental Relations Office, and affiliated with the Cornerstone Baptist Church. Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Davis seconded by Council Member Silcox, Approval of the minutes of the regular meeting of July 17, 2007, were approved Minutes unanimously seven (7) ayes to zero (0) nays, with Mayor Pro tem Hicks and Council Member Scarth absent. (Council Member Scarth assumed his place at the dais.) Agenda Item V Mr. Kenneth Barr, Chairman of the Board for Fort Worth Sister Cities Special International, spoke before Council on Sister Cities International of Black Presentations Ecumenical Leaders Alliance, International Leadership Academy and Fort Worth Chapter of LINKS, Incorporated, introduced Youth Ambassadors from Italy, Hungary, Germany, Japan, Mexico, Swaziland and Fort Worth students who received scholarships to participate in the International Leadership CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 2 of 15 Academy. He also introduced Ms. Regina Blair, Mbabane, Swaziland Chair, who spoke before the Council on the scholarship fund and identified students from Mbabane and Switzerland who received the scholarships. (Mayor Pro tem Hicks assumed her place at the dais.) Council Member Espino presented a Proclamation for National Day of the American Cowboy to Ms. Pam Minick, representing Billy Bob's Texas and the Fort Worth Stockyards. Agenda Item VI Council Member Silcox announced that on July 25, 2007, at 6:30 p.m. at the Announcements R. D. Evans Community Center, a public meeting of the Joint Land Use Study Committee would be conducted for residents within the 65 decibel noise boundary of the Joint Reserve Base in Fort Worth. He emphasized those property owners within this area who had undeveloped property needed to attend the meeting to obtain information about proposed zoning change classifications for undeveloped property. Council Member Moss announced that a Gas and Mineral Leasing Workshop would be conducted on July 26, 2007, at 6:30 p.m. at the Holy Tabernacle Church of God in Christ, 2800 E. Loop 820 South. He stated that the workshop would provide information on the City's ordinance and leasing process and that no representative from gas well companies would be present; however, outside lawyers, City representatives and individuals from various neighborhoods that had signed leases would be present to answer questions. Mayor Pro tem Hicks announced that a Community Update meeting would be held on July 26, 2007, at 6:30 p.m. at St. Andrews United Methodist Church, 522 Missouri Avenue, to provide information on all the work being done along Evans and Rosedale including the City projects (library, fire station, public health center) and private development which would include mixed use and commercial and residential development. Council Member Espino announced that a Gas Well Drilling Community meeting for the North Beverly Hills neighborhood would take place on July 31, 2007, at 7:00 p.m. at the Northwest Bible Church, 5025 Jacksboro Highway. Council Member Jordan referred to an article in the Fort Worth Star-Telegram last week that announced the approval of a military commissary to be constructed at the Naval Air Station Joint Reserve Base (formerly Carswell Air CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 3 of 15 Force Base). He expressed appreciation to Representative Kay Granger for her leadership of getting this approved for the many military retirees and families in this area. Council Member Burdette advised that the Lake Worth Master Plan Steering Committee meeting on July 19, 2007, was very successful. He expressed appreciation to Lake Worth for making the Lake Worth City Hall available for the meeting and Freese and Nichols and City staff for participating in the meeting. He stated that the study was progressing well as was the pilot program for dredging of the lake. He advised that there would be meetings in the future on this issue. Agenda Item VII There were no items withdrawn from the Consent Agenda. Withdrawn from Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication No. Continued/ C-22238 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Scarth, the Council voted nine (9) ayes to zero (0) nays to approve and adopt all items on the Consent Agenda as recommended and as follows: OCS-1616 M&C OCS-1616 - from the Office of the City Secretary recommending that the Claims City Council refer notices of claims regarding alleged damages and/or injuries to the Finance/Risk Management Department. OCS-1617 M&C OCS-1617 - from the Office of the City Secretary recommending that the Liability Bonds City Council authorize the acceptance of these liability bonds as follows: PARKWAY CONTRACTOR INSURANCE COMPANY AD Concrete SureTec Insurance Company Allen Contracting,Inc. Western Surety Company Blackwell Concrete Western Surety Company C&C Concrete,Inc. RLI Insurance Company Clarity Homes,Ltd. RLI Insurance Company Coleman Homes First Mortgage of Employers Mutual Casualty Company America,Ltd. Crossland Construction Company, Inc. Colonial American Casualty& Surety Company CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 4 of 15 PARKWAY CONTRACTOR INSURANCE COMPANY DFW Paving,LLC Western Surety Company Don Hart dba SMR Structural Concrete RLI Insurance Company E&L Corporation State Farm Fire&Casualty Company Garcia Construction CNA Surety Hughs& Sons, Inc. SurTec Insurance Company Jack H. Bryant,Inc. Western Surety Company Jason Nesmith dba JCA Construction Western Surety Company KMJ Contractors,Inc. Washington International Insurance Company Luis Casio RLI Insurance Company Mercury Concrete,Inc. Merchants Bonding Company Meritage Homes of Texas,LP Arch Insurance Company Potter Concrete,Ltd. Merchants Bonding Company Raymond Construction Company, Inc. Western Surety Company Rodman Paving,Inc. Federal Insurance Agency Rosas Concrete Western Surety Company S&W Construction,Inc. RLI Insurance Company Stabile&Winn,Inc. Washington International Insurance Company T&T Concrete&Tree Service SureTec Insurance Company Tealstone Residential Concrete,Inc. SureTec Insurance Company Thos. S.Byrne,Ltd. Hartford Casualty Insurance Company Welsch's Concrete Finishing,Inc. Merchants Bonding Company Woodhaven Homes, Inc. Employers Mutual Casualty Company G-15792 M&C G-15792 - Adopting Ordinance No. 17667-07-2007 extending the Ord. No. 17667- moratorium to October 31, 2007, on the acceptance of applications for salt 07-2007 water disposal wells pending consideration of revised regulations regarding salt Extend water disposal wells in the current gas drilling ordinance as regulated by Article Moratorium for II, Chapter 15 of the City Code, regarding Gas Drilling and Production. Applications for Salt Water Disposal Wells G-15793 M&C G-15793 - Authorizing temporary closure of Harris Parkway from Dirks Temporary Road to Dutch Branch Road from August 6, 2007, until December 4, 2007, for Closure of Harris street paving, sidewalks and storm drainage improvements to the roadway. Parkway G-15794 M&C G-15794 - Reimbursing the amount of $21,800.00 to Howell Reimburse Instruments, Inc., (Howell), for the overpayment of rentals under Howell's Overpayment of lease agreement with the City of Fort Worth. Rentals CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 5 of 15 P-10622 M&C P-10622 - Rejecting all bids received and authorize a new invitation to Reject Bids and bid for armored car services for the City of Fort Worth. Authorize Rebid for Armored Car Services P-10623 M&C P-10623 - Authorizing non-exclusive purchase agreements for metal Metal fabrications and machine shop services with Alamo Industrial Services, Heron Fabrications and Industries, Inc., and Landers Machine Company d/b/a Landers Industrial Machine Shop Services for the City of Fort Worth based on hourly rates and material costs, Services with payments due 30 days from the date of the invoice; Vendors Regular Hourly Overtime Materials Cost Rates Hourly Rates Alamo Industrial Services $24.00 $36.00 Less 5 Percent Landers Machine Company $28.00 $42.00 Plus 5 Percent d/b/a Landers Industrial Services Heron Industries, Inc. $32.50 $48.75 Plus 12 Percent Authorizing these agreements to begin July 17, 2007, and expire July 16, 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-10624 M&C P-10624 - Authorizing the purchase and installation of a tower lighting Tower Lighting system at the Eagle Mountain tower by Sabre Communications Corporation for System the Information Technology Solutions Department based on sole bid received for an amount not to exceed $31,894.00, with payment due 30 days of receipt of invoice. P-10625 M&C P-10625 - Authorizing a purchase agreement for Sig Sauer Pistols with Sig Sauer Pistols GT Distributors, Inc., for the Police Department based on best value with payment due 30 days from the receipt of invoice; authorizing this agreement to begin July 24, 2007, and expire July 23, 2008, with options to renew for two additional one-year periods; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with the Local Government Code, Chapter 271.102, "Cooperative Purchasing Program". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 6 of 15 P-10626 M&C P-10626 - Authorizing the purchase of six 20-kilowatt generators from 20-Kilowatt Diversified Power Systems, Inc., for the Transportation and Public Works Generators Department for a cost not to exceed $73,800.00 with payment due within 30 days of the date of the invoice. P-10627 M&C P-10627 - Approving the laboratory fee schedule for the Water Approve Department Centralized Water and Wastewater Laboratory Services Division Laboratory Fee effective October 1, 2007. Schedule P-10628 M&C P-10628 - Authorizing the purchase of a Rovver 100 Crawler System for Rovver 100 the Water Department through Houston-Galveston Area Council contract E- Crawler System 008-0000-00 with Green Equipment Company for a cost not to exceed $38,013.72 with payment due within 30 days of the date of the invoice. P-10629 M&C P-10629 - Authorizing the purchase of a Super Vac fire and rescue Super Vac Fire apparatus truck through Houston-Galveston Area Council Contract No. and Rescue FS 12-05 with Metro Fire Apparatus Specialist for the Fire Department at a cost Apparatus Truck not to exceed $549,745.00 with payment due within 30 days of the date of the invoice. P-10630 M&C P-10630 - Authorizing the purchase of an integrated telephone Integrated conference bridge solution with Affiliated Telephone, Inc., for the Information Telephone Technology Solutions Department using Texas Department of Information Conference Bridge Resources Contract Number DIR-SDD-289 for a cost not to exceed $91,471.00. Solution P-10631 M&C P-10631 - Authorizing the City Manager to execute an Interlocal Goods and Cooperative Purchasing Agreement with the City of Arlington, Texas, for the Services purchase of goods and services. C-22259 M&C C-22259 - Authorizing the City Manager to accept from the Texas Ord. No. 17668- Governor's Division of Emergency Management an additional award of 07-2007 $110,000.00 to the City of Fort Worth's FY 2006 Homeland Security Grant; Texas Governor's and adopting Appropriation Ordinance No. 17668-07-2007 increasing Division of estimated receipts and appropriations in the Grants Fund in the amount of Emergency $110,000.00, subject to receipt of the Homeland Security Grant from the Texas Management Governor's Division of Emergency Management, for the purpose of funding the expansion and the update of law enforcement personal protective equipment and terrorism prevention efforts. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 7 of 15 C-22260 M&C C-22260 - Authorizing the City Manager to execute necessary and First Southwest related agreements with First Southwest Company and Estrada Hinojosa for the Company and provision of financial advisory and arbitrage services; and authorizing a Estrada Hinojosa commencement date of August 1, 2007, and expiration date of July 31, 2010, with two one-year options to renew. C-22261 M&C C-22261 - Authorizing the City Manager to execute an annual lease with Hertz Corporation the Hertz Corporation at an annual rate of $34,056.00, with four extension options, for office and parking space in the Municipal Parking Garage located at 917 Taylor Street for Hertz car rental operations. C-22262 M&C C-22262 - Authorizing the City Manager to execute an amendment to Amend CSC No. City Secretary Contract No. 24403, the Lease Agreement with Monroe Street 24403 - Monroe Venture, for the fourth floor of the Municipal Parking Garage located at 10th Street Venture and Taylor Streets to include a rate increase from $67.90 per month per space to the proposed fee of$97.00 per month per space, a three-year term commencing on September 1, 2007, and one two-year renewal option. C-22263 M&C C-22263 - Authorizing the City Manager to execute Amendment No. 2 to Amendment No. 2 City Secretary Contract No. 28673 with Carter & Burgess, Inc., for additional to CSC No. 28673 engineering services related to East 7th Street Deep Tunnel Sewer in the amount - Carter & of$18,574.00, thereby increasing the total contract amount to $373,117.50. Burgess, Inc. C-22264 M&C C-22264 - Authorizing Change Order No. 3 to City Secretary Contract Change Order No. No. 33710 with Stabile & Winn, Inc., for pavement reconstruction and water 3 to CSC No. and sanitary sewer replacements on portions of West Boyce Avenue and James 33710 - Stabile & Avenue (2004 CIP Project No. 00028), in the amount of $19,775.00 revising Winn, Inc. the total cost to $1,297,476.08. C-22265 M&C C-22265 - Authorizing the City Manager to execute a contract with McClendon McClendon Construction Company, Inc., in the amount of $417,250.50 for Construction pavement reconstruction and water and sanitary sewer replacement on Mesquite Company, Inc. Road from Fossil Drive to Carolea Drive (Project No. 00755). C-22266 M&C C-22266 - Authorizing the City Manager to execute an agreement with Ord. No. 17669- the Texas Commission on Environmental Quality for air pollution control 07-2007 services by the City with a maximum amount of $206,934.00 for a two-year Texas Commission term of September 1, 2007, through August 31, 2009; authorizing a non-interest on Environmental bearing inter-fund loan from the Environmental Management Operation Fund Quality to the Grants Fund in the amount of $25,867.00 for interim financing for this CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 8 of 15 grant pending contract execution; authorizing the use of$101,922.00 from the General Fund as an in-kind match for the two-year term of September 1, 2007, through August 31, 2009; adopting Appropriation Ordinance No. 17669-07- 2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $308,856.00 subject to receipt of an executed contract with the Texas Commission on Environmental Quality for the purpose of funding air pollution control services; and applying indirect costs at the most recently approved rate of 21.48 percent for the Environmental Management Department. C-22267 M&C C-22267 - Authorizing the City Manager to execute Amendment No. 2 to Amendment No. 2 City Secretary Contract No. 28559 with Chiang, Patel and Yerby, Inc., for to CSC No. 28559 Construction Management of the West Side IV Pump Station and the North - Chiang, Patel Side III High Service Pump Station, in the amount of $150,000.00, thereby and Yerby, Inc. increasing the contract from $198,949.00 to $348,949.00. C-22268 M&C C-22268 - Authorizing the City Manager to reject all bids received for Reject Bids for Playground Renovations at Rodeo Park, Eastbrook Park and Newby Park. Playground Renovations at Rodeo, Eastbrook and Newby Parks 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 XHI There was presented a resolution appointing the following Board of Directors Res. No. 3505-07- for the Fort Worth Housing Finance Corporation effective July 24, 2007, and 2007 with a term expiring July 1, 2009: Appoint Board of Directors for Fort Mike Moncrief Worth Housing Salvador Espino Finance Chuck Silcox Corporation Danny Scarth Frank Moss CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 9 of 15 Jungus Jordan Carter Burdette Kathleen Hicks Wendy Davis Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Resolution No. 3505-07-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER G-15795 There was presented Mayor and Council Communication No. G-15795 from Ord. No. 17670- the City Manager recommending that the City Council adopt the Fifteenth 07-2007 Supplemental Ordinance authorizing the issuance and sale of City of Fort Authorize Worth, Texas, Water and Sewer System Revenue Bonds, Series 2007, in an Issuance and Sale aggregate principal amount of $100,000,000.00; approving the execution of a of Water and bond purchase contract and other instruments related thereto; repealing all Sewer Revenue ordinances in conflict herewith; and providing that this ordinance shall be in Bonds, Series 2007 force and effect from and after the date of its passage. Assistant City Manager Karen Montgomery provided a summary of the provisions of the bond sale to the Council as follows: Bid was awarded to Deutsche Bank Securities with Morgan Keegan as the Placement Agent for the 20-year bonds with level debt service payments and average borrowing cost of a 4.67 percent rate. City Attorney Yett advised that an updated supplemental bond ordinance had been distributed to the Council. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. G-15795 be approved and Fifteenth Supplemental Ordinance No. 17670-07-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15796 adopt the Proposed Amendment to the Master Thoroughfare Plan, MT-07-004, Amend Master to reclassify Redwood Trail from a minor arterial to a collector street from Park Thoroughfare Plan, Vista Boulevard to Parkwood Hill Boulevard. Mayor Moncrief opened the MT-07-004,to public hearing and asked if there was anyone present desiring to be heard. Reclassify Redwood Trail from Minor Arterial to Collector Street CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 10 of 15 Mr. Mark Rauscher, Planning and Development Manager, Transportation and Public Works Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15796, as follows: There was presented Mayor and Council Communication No. G-15796 from the City Manager recommending that the City Council adopt the Proposed Amendment to the Master Thoroughfare Plan (MTP), MT-07-004, to reclassify Redwood Trail from a minor arterial to a collector street from Park Vista Boulevard to Parkwood Hill Boulevard. This MTP Amendment is consistent with the functional classification guidelines found in the Fort Worth Plan Commission Rules and Regulations. Because collector streets are not identified in the MTP, this reclassification would effectively remove the affected section of Redwood Trail from the MTP. There being no one present desiring to be heard in connection with the public hearing, Council Member Scarth made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed and Mayor and Council Communication No. G-15796 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22238 It was the consensus of the City Council that Mayor and Council JFG Holdings, Communication No. C-22238, Authorize Execution of a Tax Abatement Inc. Agreement with 7FG Holdings, Inc., for Property Located at 251 Carroll Street Withdrawn from in the Trinity Park Neighborhood Empowerment Zone, be withdrawn from Consideration consideration. C-22269 There was presented Mayor and Council Communication No. C-22269 from the Tarrant County City Manager recommending that the City Council authorize the City Manager to execute an Interlocal Agreement with Tarrant County for the rehabilitation of the following roadways: a) Pipeline Road from FM 157 to American Boulevard, approximately 8,863 linear feet; b) Willow Springs Road from Highway 287 to Avondale Haslet Road, excluding the County's section, approximately 6,501 linear feet; c) Westport Parkway/Keller Haslet Road from the east end of the bridge east to Alta Vista Road, excluding the County's section, approximately 7,384 linear feet; and d) Haslet Roanoke Road from Cattlebaron Drive South to the dead end, excluding the County's section, approximately 976 linear feet in Fort Worth and Tarrant County, Precinct No. 3 (City Project No. 00815) for a total cost to the City not to exceed $493,374.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 11 of 15 Council Member Espino made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22269 be approved with appreciation to Tarrant County. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22270 There was presented Mayor and Council Communication No. C-22270 from the Ord. No. 17671- City Manager recommending that the City Council authorize the City Manager 07-2007 to accept $40,250.00 from the Crowley Independent School District (ISD) as Brinkley Sargent their cost participation share for Phase I - Market/Financial Analysis Study and Architects Phase II - Joint Use Facility Conceptual Master Plan/Joint Use Facility Operation Feasibility Study for a Joint Use Facility at Southwest Community Park Phase One Assessment Services; adopt an appropriation ordinance increasing estimated receipts and appropriations in the Parks Improvements Fund in the amount of $40,250.00 contingent upon the receipt of funds from Crowley ISD for the purpose of funding Phase I - Market/Financial Analysis Study and Phase II - Joint Use Facility Conceptual Master Plan/Joint Use Facility Operation Feasibility Study for a Joint Use Facility at Southwest Community Park; and authorize the City Manager to execute a professional services agreement with Brinkley Sargent Architects in the amount of $80,500.00 for Phase I - Market/Financial Analysis Study and Phase II - Joint Use Facility Conceptual Master Plan/Joint Use Facility Operation Feasibility Study for a Joint Use Facility at Southwest Community Park. Council Member Jordan stated that he had filed a Conflict of Interest Affidavit with the City Secretary's Office and would be abstaining from voting on this issue. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22270 be approved and Appropriation Ordinance No. 17671-07-2007 be adopted with appreciation. The motion carried eight (8) ayes to zero (0) nays, with one abstention from Council Member Jordan. Agenda Item XV It appeared that the City Council set today as the date for the first public First Public hearing for a proposed City initiated annexation of approximately 15.3 acres of Hearing for City land in Tarrant County, located north of Interstate Highway 30 and west of Initiated Chapel Creek Boulevard (AX-07-002 Attebury Tract). Mayor Moncrief Annexation opened the public hearing and asked if there was anyone present desiring to be (AX-07-002 heard. Attebury Tract) Ms. Allison Gray, Senior Planner, Planning and Development Department, appeared before Council and gave a staff report. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 12 of 15 There being no one present desiring to be heard in connection with the first public hearing, Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. Second Public It appeared that the City Council set today as the date for a second public Hearing for hearing to consider the limited purpose annexation of a 107-acre portion of Limited Purposes Municipal Utility District No. 1 of Denton County, Texas. Mayor Moncrief Annexation in opened the public hearing and asked if there was anyone present desiring to be Municipal Utility heard. District No. 1 of Denton County Ms. Allison Gray, Senior Planner, Planning and Development Department, appeared before Council and gave a staff report. There being no one present desiring to be heard in connection with the second public hearing, Council Member Espino made a motion, seconded by Council Member Davis, that the public hearing be closed. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL SP-07-026 It appeared that the City Council, at its meeting of July 17, 2007, continued the Continued Until hearing of the application of Whan Y. Ro for a change in zoning of property July 31, 2007 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 and 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 Mayor Pro tem Hicks, that Site Plan No. SP-07-026 be continued until July 31, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-119 It appeared that the City Council, at its meeting of July 17, 2007, continued the SP-07-036 hearing of the application of the City of Fort Worth (LaGrave Field) for a Approved change in zoning of property located at 500 North Commerce Street and 301 Northeast 6th Street from "TU-N1" Trinity Uptown Neighborhood Zone, "TU- LF" Trinity Uptown LaGrave Field Zone, "TU-TCCD" Trinity Uptown Tarrant County College District to "PD/TU-N1" Planned Development/Trinity Uptown CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 13 of 15 Mixed Use development, with supplemental allowance for increased administrative site plan waivers, and with site plan required, Zoning Docket No. ZC-07-119 and Site Plan No. SP-07-036. 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 the City of Fort Worth (LaGrave Field), Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and Zoning Docket No. ZC-07-119 and Site Plan No. SP-07-036 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by Mayor Pro tem Hicks, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17672-07-2007 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. Agenda Item XVII Mayor Moncrief recognized Mr. Mark McLean, 6416 Hilldale Road, as Citizen desiring to appear before Council relative to fluoride being used as mass Presentations medication in the water supply; however, Mr. McLean was not present in the Mark McLean Council Chamber. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24, 2007 PAGE 14 of 15 Joe Waller Mr. Joe Waller, 2533 Castle Drive, President of the Lake Worth Alliance, appeared before Council and expressed appreciation to Council Member Burdette for attending the Lake Worth Master Steering Committee meeting on July 18, 2007. He stated that there was excellent collaboration between the Lake Worth Alliance, City staff and Freese and Nichols relative to the progression of Lake Worth. He referred to a Fort Worth Weekly article from last week titled "Diamond in the Muck" and asked that the Council read the article and discard any preconceived ideas as the author had access to credible sources. Carrina Randles Ms. Carrina Randles, 701 Wichita Street, appeared before Council relative to obtaining an electrical permit for her church, Divine Revelation Church. Mayor Pro tem Hicks advised that the church was located in District 8 and requested Ms. Randles meet with her, Assistant City Manager Dale Fisseler and Planning and Development Department Assistant Director Dana Burghdoff to resolve this issue. Agenda Item It was the consensus of the City Council that they recess into Executive Session XVIII at 10:48 a.m. to: Executive Session 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) Cheryl Roberts v. City of Fort Worth, Cause No. 141-219584- 06; c) Legal issues concerning the proposed fraud hotline contract; d) Legal issues concerning seasonal merchandise sales; 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 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING JULY 24,2007 PAGE 15 of 15 3. Deliberate concerning economic development negotiations as authorized by Section 551.087 of the Texas Government Code; and 4. Deliberate the deployment, or specific occasions for implementation, of security personnel or devices, in accordance with Section 551.076 of the Texas Government Code. Reconvened The City Council reconvened into regular session at 12:05 p.m. and recessed the regular session in order to convene the Called-Special Session of the Fort Worth Housing Finance Corporation Board of Directors. The Fort Worth Housing Finance Corporation meeting was adjourned at 2:44 p.m. It was the consensus of the City Council that they recess into Executive Session at 2:45 p.m. to continue discussions on the items posted under Executive Session. The City Council reconvened into regular session at 3:15 p.m. Agenda Item XIX There being no further business, the meeting was adjourned at 3:15 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 31St day of July, 2007. Attest: Approved: fN'� - 4 Marty H riX Michael J. oncrie City Secretary Mayor