Loading...
HomeMy WebLinkAbout2007/08/21-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 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 10:10 a.m. on Tuesday, August 21, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102, with Council Member Davis temporarily absent. Agenda Item H The invocation was given by Dr. Carrol Marr, Southcliff Baptist Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge (Council Member Davis assumed her place at the dais.) Agenda Item IV Upon a motion of Council Member Silcox, seconded by Mayor Pro tem Hicks, Approval of the minutes of the regular meeting of August 14, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Mayor Moncrief and Mayor Pro tem Hicks presented a Proclamation to Mrs. Special Hazel Harvey Peace honoring her 100th Birthday. Everyone present in the Presentations Council Chamber sang Happy Birthday to Mrs. Peace. Fort Worth Fire Chief Rudy Jackson presented the results of the 2007 City of Fort Worth Employee Food Drive benefiting the Tarrant Area Food Bank. The City employees donated 108,510 pounds of food, plus $60,494.00 in cash. Ms. Jenny Moore, President of the Board of Directors for the Tarrant Area Food CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 2 of 30 Bank received the ceremonial check from Chief Jackson and expressed sincere appreciation to the City employees. Chief Jackson also recognized the winning departments as follows: Environmental Management achieved the most pounds donated per employee. City Manager's Office for donating the most dollars for this campaign. Agenda Item VI Mayor Moncrief extended Happy Birthday wishes to Council Member Jordan Announcements and led everyone in singing Happy Birthday to him. Council Member Espino announced that a District 2 Town Hall meeting for the residents of Chadwick Farms would be held on August 22, 2007, at 7:00 p.m. at the Texas Motor Speedway at the Speedway Club. Council Member Moss announced that a District 5 Code Forum would be conducted on August 23, 2007, from 6:30 p.m. to 8:00 p.m. at the Handley Meadowbrook Community Center on Beaty and IH-820 and encouraged everyone interested in District 5 to attend. Council Member Burdette announced that a ribbon cutting ceremony for the new Brewer High School in the White Settlement Independent School District would be conducted on August 23, 2007, at 6:00 p.m. He added that also on August 23, 2007, at 6:30 p.m. a public meeting on the Lake Worth Master Plan would be conducted by the Freese and Nichols Engineering Firm at Lake Worth City Hall and encouraged everyone interested to attend. Council Member Silcox reminded everyone that the practice of blowing leaves and grass clippings into the street was illegal punishable by a fine of up to $2,000.00 for each violation. He pointed out that grass clippings and leaves created clogging of the drainage system which could lead to flooding. He also announced that a public meeting for the Joint Land Use Study Policy Committee would be conducted on August 27, 2007, at 7:00 p.m. at the new Brewer High School, to receive input on the regulations that the Committee was working on. He added that the Committee would visit with all the City Councils of the cities represented on the Committee in September to present their recommendations. Mayor Pro tem Hicks announced that a Berry Street Renaissance Prayer Walk would be conducted on August 25, 2007, at 9:00 a.m., starting at the Sack `N Save at Berry and I-35 and sponsored by First St. John Baptist Church. She CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 3 of 30 also announced that on August 30, 2007, at 6:00 p.m. also at First St. John Baptist Church a meeting on the Kyle Street Master Plan would be conducted and invited anyone interested to attend. Council Member Davis announced that a "Save the Trinity Trees" public meeting would be conducted on September 6, 2007, at Capstone Church, 1700 Rogers Road from 6:00 p.m. to 8:00 p.m. She pointed out that the meeting was for the trees immediately to the west of Rogers Road at the Trinity River/Rogers Road intersection, just west of Capstone Church. She stated that attending the meeting would be representatives from Chesapeake who was the driller proposing to take down a number of trees in that area for the purpose of gas well drilling. She pointed out that unfortunately the Council had no power over that particular issue because the property was privately owned nor was it a high impact well; however, it did not mean that the community could not express concerns about the intended actions of Chesapeake. She asked City Manager Boswell for the following: 1. As it related to the Trinity River, the City should call a meeting together with Tarrant Regional Water District, Streams and Valleys and the City to discuss a go forward plan on how to approach drill sites along the river corridor which is viewed by the community as a park system. 2. That an effort be organized with the gas drillers, with community leaders and with City staff, to begin and try to make more proactive choices about where drilling would occur in the City's urban areas. She pointed out that she was aware of two high impact well permits to be filed for her district and that there were supporters and opponents of the issue. She stated that it placed the Council in a position of responding to what could be a very real concern to the community about their quality of life going forward. She added that what she would like was something more proactive that looked at the community and the opportunity for drill sites and helped to be part of a solution in terms of where those wells could be in a way that was not having perhaps some of the high impact well impact that the City could be facing. She emphasized that this was not only a District 9 issue; that it was going to be seen in other highly developed areas of the Central City and if the City did not get a proactive handle on this issue and begin to define ahead of time where acceptable drill sites would be, the City was going to continue to see a highly engaged and upset community about what would be happening in the future as it related to gas drilling. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 4 of 30 Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from G-15833, L-14375, L-14376, L-14377 and C-22325 be withdrawn from the Consent Agenda consent agenda. Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ L-14375, L-14376, L-14377 and C-22298 be withdrawn from consideration. Withdrawn By Staff Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Espino, 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-1621 M&C OCS-1621 - 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. G-15832 M&C G-15832 - Authorizing the City Manager to appoint Mr. Joel W. Appoint Place 4 - Werland, nominated by the Fort Worth Chapter of the American Institute of Architect to Architects, to Place 4 - Architect of the City's Construction and Fire Prevention Construction and Board of Appeals, effective August 21, 2007, and with a term expiring Fire Prevention October 1, 2008. Board of Appeals G-15834 M&C G-15834 - Adopting Ordinance No. 17709-08-2007 adjusting the total Ord. No. 17709-08- number of authorized civil service positions at each classification (rank) in the 2007 Fire Department for Fiscal Year 2006-2007; providing for the creation of three Adjust Civil Service additional captain positions; one additional lieutenant position; four additional Staffing in Fire engineer positions; eight additional firefighter positions; providing a statement Department of purpose and intent. G-15835 M&C G-15835 - Authorizing the City Manager to apply for and accept, if Res. No. 3516-08- awarded, a grant from the Criminal Justice Division of the Office of the 2007 Governor of Texas in the amount of $78,222.00, to operate the Diamond Hill Ord. No. 17710-08- Coalition After-School Program from September 1, 2007, to August 31, 2008; 2007 adopting Resolution No. 3516-08-2007 and Appropriation Ordinance No. Accept Grant to 17710-08-2007 increasing estimated receipts and appropriations in the Grants Operate Diamond Fund in the amount of $78,222.00, subject to receipt of the grant from the Hill Coalition After- School Program; Criminal Justice Division of the Office of the Governor of Texas, for the Execute Contracts purpose of funding the operation of the Diamond Hill Coalition After-School with YMCA of Program; authorizing the City Manager to designate the Parks and Community Metropolitan Fort Services Department Director as the authorized official for the Diamond Hill Worth and Camp Coalition After-School Program to accept, reject or alter the grant, if awarded; Fire USA First and authorizing the City Manager, contingent upon receipt of the grant award, Texas Council to execute contracts with the YMCA of Metropolitan Fort Worth not to exceed CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 5 of 30 $52,025.00; and Camp Fire USA First Texas Council in an amount not to exceed $26,197.00 to conduct the Diamond Hill Coalition After-School Program. L-14374 M&C L-14374 - Approving the acquisition of one permanent water main Acquire easement and one temporary construction easement described as a portion of Permanent Water Shelby County School Land Survey, A-1375, Tarrant County, Texas, from the Main Easement Everman Independent School District, located south of Everman Parkway and and Temporary east of Oak Grove Road, for the construction of the Southside II Water Construction Transmission Main Project (DOE 4083) at a total cost of $27,800.00 plus Easement for estimated closing costs of$1,500.00. Construction of South Side II Water Transmission Main L-14378 M&C L-14378 - Approving the acceptance of a lease agreement for natural gas Lease of City- drilling under 14.227 acres more or less of City-owned properties located in Owned Properties Tarrant County known as the "W.H. Little Survey - 14.227 Acres" to for Natural Gas Chesapeake Exploration, L.L.C., for a two-year term. Drilling L-14379 M&C L-14379 - Accepting the dedication of 5.325 acres of unimproved Accept parkland described as Tract 1 being 3.490 acres situated in the Rufus King Unimproved Survey, Abstract No. 905 and the L.C. King Survey, Tarrant County, Texas, Parkland for and Tract 2 being 1.835 acres of land situated in the L.C. King Survey, Abstract Ranches East Park No. 906, Tarrant County, Texas, from The Ranches North II and III, Ltd., in accordance with the Neighborhood and Community Park Dedication Policy for Ranches East Park. PZ-2748 M&C PZ-2748 - Adopting Ordinance No. 17711-08-2007 vacating and Ord. No. 17711- extinguishing a portion of Jennings Avenue between Magnolia Avenue and 08-2007 Oleander Street and a portion of Oleander Street between Jennings Avenue and Street Vacation May Street, situated in the Fields-Welch Addition and the Fairlawn's Subdivision of the Fields-Welch Addition, additions to the City of Fort Worth, Tarrant County, Texas; and waiving any and all purchase fee value of the vacated land in accordance with City policy (M&C G-15624). CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 6 of 30 PZ-2749 M&C PZ-2749 - Adopting Ordinance No. 17712-08-2007 vacating and Ord. No. 17712- extinguishing a portion of West 11th Street right-of-way and a portion of West 08-2007 12th Street right-of-way between Throckmorton Street and Houston Street, Street Right-of- situated in the Fort Worth Convention Center Addition, an addition to the City Way Vacations of Fort Worth, Tarrant County, Texas; and waiving any and all purchase fee value of the vacated land in accordance with City policy (M&C G-15624). C-22319 M&C C-22319 - Authorizing the City Manager to execute a contract with Durable Durable Specialties, Inc., in the amount of$164,000.00, for the installation of Specialties, Inc. two traffic signals at the intersections of State Highway 170 West Bound Frontage Road/Park Vista Boulevard and State Highway 170 East Bound Frontage Road/Park Vista Boulevard. C-22320 M&C C-22320 - Authorizing the transfer of$47,781.00 from the Storm Water Ord. No. 17713- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 08-2007 Ordinance No. 17713-08-2007 increasing estimated receipts and appropriations Boydston Designs, in the Storm Water Capital Projects Fund in the amount of$47,781.00 from a Inc. Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with Boydston Designs, Inc., for the South Crestwood Drainage Improvement Study (Project No. 00545); and authorizing the City Manager to execute an engineering agreement with Boydston Designs, Inc., in the amount of$41,550.00 for the South Crestwood Drainage Improvement Study. C-22321 M&C C-22321 - Authorizing the City Manager to execute Change Order No. 4 Change Order No. to City Secretary Contract No. 29354 with William J. Schultz, Inc., d/b/a Circle 4 to CSC No. "C" Construction Company, for Lancaster Avenue Water and Sanitary Sewer 29354 - William J. Main Improvements, Unit 1, from Commerce Street to Lamar Street, in the Schultz, Inc. d/b/a amount of $79,709.00, thereby increasing the contract amount to Circle "C" $1,756,150.00. Construction Company C-22322 M&C C-22322 - Authorizing the transfer of$112,329.00 from the Storm Water Ord. No. 17714- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 08-2007 Ordinance No. 17714-08-2007 increasing estimated receipts and appropriations DeOtte, Inc. in the Storm Water Capital Projects Fund in the amount of$112,329.00 from a Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with DeOtte, Inc., for the Lower Krauss-Baker Channel Improvements (City Project No. 00633); and authorizing the City Manager to execute an engineering agreement with DeOtte, Inc., in the amount of $101,379.00 for the Lower Krauss-Baker Channel Improvements. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 7 of 30 C-22323 M&C C-22323 - Authorizing the transfer of$80,541.00 from the Storm Water Ord. No. 17715- Utility Fund to the Storm Water Capital Projects Fund; adopting Appropriation 08-2007 Ordinance No. 17715-08-2007 increasing estimated receipts and appropriations Freese & Nichols, in the Storm Water Capital Projects Fund in the amount of$80,541.00 from a inc. Storm Water Utility Fund transfer, for the purpose of executing an engineering agreement with Freese & Nichols, Inc., for a drainage study for the Meacham Boulevard Mark IV Parkway Drainage Improvements (Project No. 00666); and authorizing the City Manager to execute an engineering agreement with Freese & Nichols, Inc., in the amount of $68,855.00 for a drainage study for the Meacham Boulevard Mark IV Parkway Drainage Improvements. C-22324 M&C C-22324 - Authorizing the City Manager to execute an interlocal Collin County agreement with Collin County Department of Homeland Security to establish a Department of law enforcement inter jurisdictional information sharing program to address Homeland critical information needs to protect residents of Collin County and the City of Security Fort Worth. C-22326 M&C C-22326 - Authorizing the City Manager to terminate City Secretary Terminate CSC Contract No. 32326, an Unimproved Ground Lease Agreement with Mandatory No. 32326 and Improvements for lease site 50N, 51N, 52N and 53N, with APIAQ, Limited Execute New Partnership, at Fort Worth Meacham International Airport; and executing a new Agreement - Unimproved Ground Lease Agreement with Mandatory Improvements with APIAQ, Limited APIAQ, Limited Partnership, at Fort Worth Meacham International Airport. Partnership C-22327 M&C C-22327 - Authorizing the City Manager to execute an Unimproved Texas Jet Ground Lease Agreement with Mandatory Improvements with Texas Jet Partners, L.P. Partners, L.P., for 34,083 square feet of land for the construction of two 12,000 square foot storage hangars at Fort Worth Meacham International Airport. C-22328 M&C C-22328 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. to City Secretary Contract No. 33250 with Archer Western Contractors, Ltd., in 1 to CSC No. the amount of$38,086.53, thereby increasing the amount to $1,768,086.53 for 33250 - Archer the Eagle Mountain Raw Intake Improvements. Western Contractors, Ltd. C-22329 M&C C-22329 - Authorizing the City Manager to apply for and accept, if Ord. No. 17716- awarded, a grant from the Texas Health and Human Services Commission 08-2007 (THHSC) requesting up to $100,000.00 from the Year 2008 Child and Adult Texas Health and Care Nutrition Program (CACNP) for At Risk After School Program funds; Human Services authorizing the execution of a contract with THHSC for the CACNP for At Commission Risk After School Programs for the period October 1, 2007, through CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 8 of 30 September 30, 2008, upon receipt of the grant; adopting Appropriation Ordinance No. 17716-08-2007 increasing estimated receipts and appropriations in the Grants Fund in the amount of $100,000.00 subject to execution of a contract with the Texas Health and Human Services Commission for the purpose of funding the Year 2008 Child and Adult Care Nutrition Program; and authorizing the City Manager to waive the indirect costs, which are not allowed by this grant and are addressed by other grants that provide for staff salaries. The motion carried. End of Consent Agenda. Agenda Item X Council Member Jordan made a motion, seconded by Council Member Silcox, Presentations by that Barbara A. Fife be appointed to Place 6 of the Urban Forestry Board City Council effective August 21, 2007, with a term expiring October 1, 2008. The motion Appointments carried unanimously nine (9) ayes to zero (0) nays. Council Member Jordan advised that Ms. Fife would replace Sally Allsup whom he previously appointed to the Scenic Preservation and Design Review Commission. Mayor Pro tem Hicks made a motion, seconded by Council Member Burdette, that Bob Kelly be appointed to Place 8 on the Scenic Preservation and Design Review Commission effective August 21, 2007, with a term expiring October 1, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Davis made a motion, seconded by Council Member Silcox, that Angela Denise Taylor be appointed to Place 9 on the Golf Advisory Committee effective August 21, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. C.P. 271 There was presented Council Proposal No. 271 proposing that the City Council Waive Fee for authorize a waiver of the right-of-way vacation and plat application fees, in the Street Vacation of amount of$1,017.00, for a portion of Carlock Street between College Avenue Portion of Carlock and the north-south alley in Block 1 of Carlock's South Side Addition. Street City Attorney Yett advised that Council procedure provided that Council Proposals were introduced at one meeting and followed by Council action at the preceding Council meeting. He added that Council would take action on this Council Proposal on August 28, 2007. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 9 of 30 Agenda Item XHI There was presented a resolution approving the FY 2007-2008 budget for the Res. No. 3517-08- Dallas/Fort Worth(D/FW) International Airport. 2007 Approve FY 2007- Council Member Silcox made a motion, seconded by Council Member Davis, 2008 Budget for that Resolution No. 3517-08-2007 be adopted. The motion carried D/FW unanimously nine (9) ayes to zero (0) nays. International Airport Res. No. 3518-08- There was presented a resolution amending Paragraph 8, Powers and Duties, of 2007 the 1968 contract and agreement between the City of Fort Worth and the City Amend Paragraph of Dallas creating the Dallas/Fort Worth (D/FW) International Airport Board, 8 of 1968 D/FW changing the budget submission and approval dates. International Airport Board Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Resolution No. 3518-08-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XIV There was presented an ordinance ordering a special election to be held in the Ord. No. 17717- City of Fort Worth, Texas, on Tuesday, the 6th day of November, 2007, for the 08-2007 purpose of electing a City Council member for City Council District 9 to serve Order Special the remainder of an unexpired term. Election to be Held on Council Member Silcox made a motion, seconded by Council Member Moss, November 6, 2007, that Ordinance No. 17717-08-2007 be adopted. The motion carried for Purpose of unanimously nine (9) ayes to zero (0) nays. Electing a City Council Member for Council District 9 to Serve Remainder of Unexpired Term AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15833 There was presented Mayor and Council Communication No. G-15833 Ord. No. 17718- recommending that the City Council adopt an ordinance amending Article XII, 08-2007 "Fee Schedules" of Chapter 2, "Administration" of the Code of the City of Fort Amend Article Worth(1986), as amended, to add a new subsection establishing permit fees for VII, Chapter 2 of newsracks in the downtown area. the City Code CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 10 of 30 City Manager Boswell stated that the first line of the Recommendation paragraph on the M&C needed to be amended to change "Article VII" to "Article XII" to have it read "Article XII, Fee Schedules". Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. G-15833 be approved and Ordinance No. 17718-08-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15836 There was presented Mayor and Council Communication No. G-15836 from Ord. No. 17719- the City Manager recommending that the City Council adopt an ordinance 08-2007 amending the Code of the City of Fort Worth (1986), as amended, by the Amend Chapter repealing of Chapter 29.5, "Smoking"; Sections 29.5 through 29.5-24; adopting 29.5, by Repealing new provisions of Chapter 29.5, "Smoking", Sections 29.5 through 29.5-30; Sections 29.5 providing for the prohibition of smoking in public places; providing for through 29.5-24 exceptions to the prohibition of smoking in public places; providing for and Adopting 29.5 owner/operator and employer responsibilities; adopting provisions regulating through 29.5-30 of the sale, possession and distribution of cigarettes and/or tobacco products the City Code pursuant to the Health and Safety Code; providing for the enforcement of this chapter; providing for the suspension or revocation of a permit or license; providing for a hearing procedure prior to revocation or suspension of a permit; providing that this ordinance is cumulative; providing a severability clause; providing a fine of up to $500.00 for an offense in violation of this ordinance except for Subsection 29.5-5(E) and Section 29.5-9; providing for a fine of up to $2,000.00 for an offense in violation of Section 29.5-5(E) and Section 29.5-9 of this ordinance. Assistant City Attorney Christa Lopez summarized the amendment to the current Smoking Ordinance and stated that the amendment would become effective January 1, 2008, to allow the Public Health Department to establish procedures and guidelines to deal with offenses and violations and to educate and give notice to citizens and establishments. Council Member Scarth stated that he would make a motion to approve the ordinance as presented by the City Manager with an amendment that would exempt Bingo Parlors and asked Ms. Lopez to explain the changes. Ms. Lopez stated that Council Member Scarth's motion would add to the list of exceptions found in Section 29.5-3 Exceptions, which would reflect: CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 11 of 30 (10) A Bingo Parlor operated under the Bingo Enabling Act, Chapter 2001 of the Occupations Code if: (a) an enclosed non-smoking area is provided; and (b) no one under the age of eighteen (18) years is admitted to the smoking areas. She explained that under the current ordinance, Bingo Parlors were allowed to have smoking in their facility provided that there was a non-smoking area with proper ventilation or filtration in the facility and that no one under the age of eighteen (18) was permitted into the smoking area. Council Member Scarth made a motion, seconded by Council Member Espino, that the ordinance be adopted with the added exception of Bingo Parlors as provided by Assistant City Attorney Lopez. Council Member Davis made a substitute motion, seconded by Council Member Silcox, that an ordinance be incorporated that would include a total ban of smoking in public places including bars and Bingo Parlors. Mayor Moncrief opened the floor for public comment and recognized individuals who had requested to speak before Council. The following individuals appeared before Council in support of the proposed ordinance: Pam Minick, Ms. Pam Minick 2520 Rodeo Plaza Nancy Sowell, Ms. Nancy Sowell 1916 Crooked Lane Karen Wooten, Ms. Karen Wooten 1918 Crooked Lane Coby Wooten, Mr. Coby Wooten 4909 Riverbend Lynn Gray Breaux Dr. Lynn Gray Breaux 4751 Westcreek Drive The following individuals appeared before Council in opposition to the proposed ordinance: Kevin Riley, Mr. Kevin Riley 512 Main Street#I 10 Jason Poehler, Mr. Jason Poehler 3112 Lake Highlands, Highland Village, Texas Perry Tong, Mr. Perry Tong 6655 Mike Lane Court Marlene Strufe, Ms. Marlene Strufe 2137 Jacksboro Highway Gregg Wilkinson, Mr. Gregg Wilkinson 1550 Eastchase Parkway CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 12 of 30 Lynn Wilkins, Mr. Lynn Wilkins 3220 Cortez Drive Norma Machedo, Ms. Norma Machedo 2905 W. Loraine Jared Biocca Mr. Jared R. Biocca 2557 Corbeau Drive, Irving, Texas The following individuals appeared before the Council in opposition of the ordinance as proposed, but in support of the proposed amendment presented by Council Member Scarth: David Dodson, Mr. David Dodson 3005 Wichita Street Judy Bland, Ms. Judy Bland 3009 Wichita Street David Hallum, Mr. David Hallum 1001 Elizabeth Boulevard Teresa Vargas, Ms. Teresa Vargas 1752 Overland William Porter, Mr. William Porter 1349 N. Creek Drive Mary White, Ms. Mary White 4413 Deering Drive Benita Kay Scott, Ms. Benita Kay Scott 5404 Dartmouth Cathy Anderson, Ms. Cathy Anderson 4012 Tejas Trail Sharon Ives, Ms. Sharon Ives 3412 Marquita Drive M. Lee Chavis, Mr. M. Lee Chavis 4401 Quail Trail Ira Roland, Mr. Ira Roland 8837 Avril Court Annette Gutierrez, Ms. Annette Gutierrez 1855 E. Lancaster Avenue Kevin Pearson Mr. Kevin Pearson 1349 N. Creek Drive The following individuals appeared before the Council in opposition of the ordinance as proposed, but in support of the proposed total ban recommendation presented by Council Member Davis: Michael Kaitcer, Mr. Michael Kaitcer 3636 Potomac Avenue Asad Dean, Dr. Asad Dean 1001 12th Avenue, Suite 200 Kenna Lvesolka, Ms. Kenna Lvesolka 5501 Byers Avenue Jenny Soderbergh, Ms. Jenny Soderbergh 2316 Irwin Kenny Ordonez, Mr. Kenny Ordonez 3529 Willowbrook Drive Julie Johncex, Ms. Julie Johncex 6421 Fershaw Place Cliff Parker, Mr. Cliff Parker 2421 Winton Terrace West Joel Romo Mr. Joel Romo 2630 West Freeway, Suite 250 Council Member Jordan stated that this was a serious and emotional issue that had confronted the nation for a number of years. He stated that while a member of the United States Air Force he had authored a paper in 1985 on the harmful affects of smoking in the military. He added that a lot of Americans had given their lives in defense of the freedoms that everyone enjoys and stated that it was his choice not to frequent places where smoking was permitted. He pointed out CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 13 of 30 that he was torn on this issue and commended his Council colleagues and City staff for working on this issue. He further stated that he could not support a total smoking ban. Council Member Espino stated that he believed that the majority of Fort Worth residents wanted the Council to enact a tighter ban on smoking. He added that the proposal by the City Manager and City staff had developed a principled and reasonable compromise. He stated that he would support the ordinance as proposed with Council Member Scarth's amendment. Council Member Moss stated that he was a person who believed in choice and that this issue was a matter of choice. He added that he would support the proposed ordinance with the amendment proposed by Council Member Scarth. Council Member Burdette stated that with all the proposed changes, he favored leaving the current ordinance unchanged. He explained his reasons for his decision and pointed out that the current ordinance had gone far enough and that citizens had learned how to live with the ordinance for the past ten years. He added that he was not convinced a total local government restriction against a lawful activity was practical or desirable. He emphasized that the ordinance amendment presented today would replace free choice with restrictions and that it could raise more problems that it could possibly solve. He stated that based on what he had heard today, he feared that the Council was about to embark on the enactment of some bad, bad law. He completed his remarks by stating that the City may find that the City's new motto was "Welcome to Fort Worth, Where the West Begins and Freedom Ends". Council Member Scarth stated that he had some concerns on infringing upon the freedom of those who owned businesses and the government's continued encroachment on those rights. He added that in response to citizens in his district he felt it would be a severe imposition on the City's charitable organizations to lose the revenue they received from Bingo Parlors. Mayor Pro tem Hicks stated that she supported a comprehensive ban, but she realized that there was not sufficient support on the Council and therefore would support a compromise. She added that everyone on the Council did not want a business to be at a disadvantage, but there was a human price to pay. She pointed out that as policy makers the Council had a responsibility to be involved in this issue and the "do nothing" attitude was not appropriate. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 14 of 30 Council Member Silcox stated that a question that been asked was why, after ten years, had this issue resurfaced. He added that he had been approached by individuals all over the City asking if something could be done about the smokers standing outside the doors, in restaurants, etc., and as a result, a committee was formed to provide recommendations for the Council to consider. He pointed out that he initiated this issue for one reason: he listened to his constituents. He added that he did not like smoking and stated that he preferred a total ban of smoking. However, if that did not pass the vote of the Council, he would support the amendment presented by Council Member Scarth. Mayor Moncrief stated that, for him, this was a public health issue and while a member of the Texas Senate, he was able to convince his colleagues to ban smoking in the Texas Capitol. He added that he was pleased to see that this had been a very public and transparent process with an Ad Hoc Committee formed with representation from bars, restaurants, Cancer Society and citizens. He pointed out that during the recent legislative session, the Texas Legislature chose not to enact a total smoking ban and therefore, the City had to take action on this issue. He stated that the Council was presented recommendations of the Committee and the City Manager and also Council Member Scarth. He further stated that Council Member Burdette made some very strong points relative to rights, but at the same time tens of thousands of lives had been lost to lung cancer and related diseases. He added that he would support the proposed ordinance as amended by Council Member Scarth. Council Member Davis stated that ten years ago an ordinance was adopted primarily motivated by the kinds of things pointed out by Council Member Burdette; annoyances, people who felt that going to restaurants with their families and having to be subjected to the smoke of others was irksome. She added that since that time, there had been a number of public health studies to help the public understand that this was just not an irksome issue; it was a very important and costly public health issue. She stated that there were a number of laws that had been instituted to assure the public health of the community and those laws necessarily imposed upon the freedoms of others. She referred to an earlier speaker who stated that "with rights came responsibilities" and oftentimes that was the government's struggle. She emphasized that the Surgeon General had become very actively involved in this issue and studies had documented that passive smoking caused diseases; the emissions of the toxins from a cigarette that come from the smoke end rather than the filtered end, were five times more toxic. She emphasized that the Surgeon General looked at the issue if ventilation systems could adequately assure the protection of the public health from the disease causing potential of smoking and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 15 of 30 discovered there was no way to keep an artificial barrier in place that would assure that health. She addressed the costs incurred based on second hand smoke problems and stated that there should not be a freedom to compromise public health. She stated she encouraged the City to consider allowing a Charter amendment proposal to provide the citizens an opportunity to bring forward an ordinance that would be more protective of what they believed was their public interest. She completed her remarks by stating that she realized that there was not sufficient support for her substitute motion and that she would support Council Member Scarth's motion. Mayor Moncrief called the question on the substitute motion. The substitute motion by Council Member Davis and seconded by Council Member Silcox, that an ordinance be incorporated that would include a total ban of smoking in public places including bars and Bingo Parlors, failed by a vote of three (3) ayes to six (6) nays, with Mayor Moncrief and Council Members Espino, Scarth, Moss, Jordan and Burdette casting the dissenting votes. Mayor Moncrief called the question on the original motion. The original motion by Council Member Scarth and seconded by Council Member Espino, that Mayor and Council Communication No. G-15836 be approved and Ordinance No. 17719-08-2007 be adopted with the added exception of Bingo Parlors as provided by Assistant City Attorney Lopez, carried by a vote of seven (7) ayes to two (2) nays, with Council Members Jordan and Burdette casting the dissenting votes. Recessed/ Mayor Moncrief recessed the meeting at 12:49 p.m. and reconvened the Reconvened meeting at 1:00 p.m. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15837 approve Fiscal Year 2007-2008 budget and five-year service plan for Fort Ord. No. 17720- Worth Public Improvement District No. 1 (Downtown); authorize transfer of 08-2007 City's payment in-lieu of service; authorize transfer of City payment in-lieu of Ord. No. 17721- assessments; adopt proposed 2007 assessment roll; set benefit hearing; 08-2007 authorize transfer for administrative fees and authorize execution of a contract FY 2007-2008 with Downtown Fort Worth, Inc., to provide management services for the Budget and Five- District. Mayor Moncrief opened the public hearing and asked if there was Year Service Plan anyone present desiring to be heard. for PID No. 1 (Downtown) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 16 of 30 Ms. Becky Wood, PID Administrator, Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15837, as follows: There was presented Mayor and Council Communication No. G-15837 from the City Manager recommending that the City Council: I. Hold a public hearing concerning the budget and five-year service plan for Fort Worth Public Improvement District No. 1 (Downtown) (PID No. 1)for Fiscal Year 2007-2008; 2. Approve the budget and five-year service plan for FY 2007-2008 as recommended by the Advisory Board of PID No. I and approve adding to the FY 2007-2008 budget, as contingency, any unencumbered revenues from PID No. I assessments from prior years; 3. Authorize the transfer of $130,165.00 for City's payment in-lieu of services, from the General Fund to the Special Assessment District Fund (PID No. 1, FY 2007-2008 Project account); 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $130,165.00 from available funds contingent upon the adoption of the Fiscal Year 2007-2008 budget for the purpose of funding improvements and services in Public Improvement District No. 1 (Downtown); 5. Authorize the transfer of $193,750.00 for the City's payment in-lieu of assessments from the General Fund to the Special Assessment District Fund (PID No. 1 Project account for FY 2007-2008); 6. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $193,750.00 from available funds contingent upon the adoption of the Fiscal Year 2007-2008 budget for the purpose of funding improvements and services in Public Improvement District No. 1 (Downtown); 7. Adopt the proposed 2007 assessment roll for PID No. 1; 8. Set a public Benefit Hearing for Tuesday, September 11, 2007, at 7:00 p.m. in the City Council Chamber; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 17 of 30 9. Authorize the transfer of $34,700.00 for administrative fees from the Special Assessment District Fund (PID No. 1, FY 2007-2008 Project account)to the General Fund; and 10. Authorize the City Manager to execute a contract with Downtown Fort Worth, Inc., to provide management and improvement services for PID No. 1 during FY 2007-2008 for the sum of$2,309,840.00. There being no one present desiring to be heard in connection with the public hearing, Council Member Jordan made a motion, seconded by Council Member Burdette, that the public hearing be closed, Mayor and Council Communication No. G-15837 be approved and Appropriation Ordinance Nos. 17720-08-2007 and 17721-08-2007 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-15838 approve Fiscal Year 2007-2008 budget and five-year service plan for Fort Ord. No. 17722- Worth Public Improvement District No. 6 (Park Glen); authorize transfer of 08-2007 City's payment in-lieu of services; adopt proposed 2007 assessment roll; set FY 2007-2008 benefit hearing; authorize transfer for administrative fees and authorize Budget and Five- execution of a contract with Premier Communities to provide management Year Service Plan services for the District. Mayor Moncrief opened the public hearing and asked for PID No. 6 if there was anyone present desiring to be heard. (Park Glen) Ms. Becky Wood, PID Administrator, Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15838, as follows: There was presented Mayor and Council Communication No. G-15838 from the City Manager recommending that the City Council: I. Hold a public hearing concerning the budget and five-year service plan for Fort Worth Public Improvement District No. 6 (Park Glen) (PID No. 6) for Fiscal Year 2007-2008; 2. Approve the budget and five-year service plan for FY 2007-2008 as recommended by the Advisory Board of PID No. 6 and approve adding to the FY 2007-2008 budget, as contingency, any unencumbered revenues from the PID No. 6 assessments from prior years; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 18 of 30 3. Authorize the transfer of $138,103.00 for City's payment in-lieu of services, from the General Fund to the Special Assessment District Fund (PID No. 6, FY 2007-2008 Project account); 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $138,103.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 6 (Park Glen); 5. Adopt the proposed 2007 assessment roll for PID No. 6; 6. Set a public Benefit Hearing for Tuesday, September 11, 2007, at 7:00 p.m. in the City Council Chamber; 7. Authorize the transfer of $22,869.00 for administrative fees from the Special Assessment District Fund (PID No. 6, FY 2007-2008 Project account)to the General Fund; and 8. Authorize the City Manager to execute a contract with Premier Communities Management Company to provide management and improvement services for PID No. 6 during FY 2007-2008 for the sum of$1,281,565.00. There being no one present desiring to be heard in connection with the public hearing, Council Member Scarth made a motion, seconded by Council Member Silcox, that the public hearing be closed, Mayor and Council Communication No. G-15838 be approved and Appropriation Ordinance No. 17722-08-2007 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-15839 approve Fiscal Year 2007-2008 budget and five-year service plan for Fort FY 2007-2008 Worth Public Improvement District No. 7 (Heritage); authorize transfer of Budget and Five- City's payment in-lieu of services; adopt proposed 2007 assessment roll; set Year Service Plan benefit hearing; authorize transfer for administrative fees and authorize for PID No. 7 execution of a contract with Premier Communities Management Company to (Heritage) provide management services for the District. Mayor Moncrief opened the Continued Until public hearing and asked if there was anyone present desiring to be heard. September 4, 2007 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 19 of 30 There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15839 be continued until the September 4, 2007, Council meeting. 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-15840 approve Fiscal Year 2007-2008 budget and five-year service plan for Fort FY 2007-2008 Worth Public Improvement District No. 8 (Camp Bowie); adopt proposed 2007 Budget and Five- assessment roll; set benefit hearing; authorize transfer for administrative fees Year Service Plan and authorize execution of a contract with Historic Camp Bowie, Inc., to for PID No. 8 provide management services for the District. Mayor Moncrief opened the (Camp Bowie) public hearing and asked if there was anyone present desiring to be heard. Ms. Becky Wood, PID Administrator, Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15840, as follows: There was presented Mayor and Council Communication No. G-15840 from the City Manager recommending that the City Council: I. Hold a public hearing concerning the budget and five-year service plan for Fort Worth Public Improvement District No. 8 (Camp Bowie) (PID No. 8)for Fiscal Year 2007-2008; 2. Approve the budget and five-year service plan for FY 2007-2008 as recommended by the Advisory Board of PID No. 8 and approve adding to the FY 2007-2008 budget, as contingency, any unencumbered revenues from the PID No. 8 assessments from prior years; 3. Adopt the proposed 2007 assessment roll for PID No. 8; 4. Set a public Benefit Hearing for Tuesday, September 11, 2007, at 7:00 p.m. in the City Council Chamber; 5. Authorize the transfer of $6,960.00 for administrative fees from the Special Assessment District Fund (PID No. 8 FY 2007-2008 Project account)to the General Fund; and 6. Authorize the City Manager to execute a contract with Historic Camp Bowie, Inc., to provide management and improvement services for PID No. 8 during FY 2007-2008 for the sum of$646,960.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 20 of 30 There being no one present desiring to be heard in connection with the public hearing, Council Member Silcox made a motion, seconded by Council Member Davis, that the public hearing be closed and Mayor and Council Communication No. G-15840 be approved. 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-15841 approve Fiscal Year 2007-2008 budget and five-year service plan for Fort FY 2007-2008 Worth Public Improvement District No. 11 (Stockyards); adopt proposed 2007 Budget and Five- assessment roll; set benefit hearing; authorize transfer for administrative fees Year Service Plan and authorize execution of a contract with Fort Worth Stockyards Preservation for PID No. 11 Foundation, Inc., to provide management services for the District. Mayor (Stockyards) Moncrief opened the public hearing and asked if there was anyone present desiring to be heard. Ms. Becky Wood, PID Administrator, Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15841, as follows: There was presented Mayor and Council Communication No. G-15841 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the budget and five-year service plan for Fort Worth Public Improvement District No. 11 (Stockyards) (PID No. 11)for Fiscal Year 2007-2008; 2. Approve the budget and five-year service plan for FY 2007-2008 as recommended by the Advisory Board of PID No. 11 and approve adding to the FY 2007-2008 budget, as contingency, any unencumbered revenues from PID No. 11 assessments from prior years; 3. Adopt the proposed 2007 assessment roll for PID No. 11; 4. Set a public Benefit Hearing for Tuesday, September 11, 2007, at 7:00 p.m. in the City Council Chamber; 5. Authorize the transfer of $2,000.00 for administrative fees from the Special Assessment District Fund (PID No. 11, FY 2007-2008 Project account)to the General Fund; and CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 21 of 30 6. Authorize the City Manager to execute a contract with Fort Worth Stockyards Preservation Foundation, Inc., to provide management and improvement services for PID No. 11 during FY 2007-2008 for the sum of$54,350.00. Steve Murrin Mr. Steven Murrin, 500 NE 23rd Street, representing the Fort Worth Stockyards, appeared before Council in support of the budget. He stated that the Stockyards PID was affected by bed tax funds and pointed out that when the occupancy tax laws were first passed in Texas, they were specifically for increasing the source from which they came, the visitor industry. He added that over the years the distribution of these funds have dwindled to 40 percent from 70 percent and stated that, in his opinion, not devoting at least half of those funds back to increasing their source was just bad business and placed a heavy burden on the visitor industry. He emphasized that the occupancy taxes should be specifically and professionally dedicated to developing more occupancy. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Burdette, that the public hearing be closed and Mayor and Council Communication No. G-15841 be approved. 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-15842 approve Fiscal Year 2007-2008 budget and five-year service plan for Fort Ord. No. 17723- Worth Public Improvement District No. 12 (Chapel Hill); authorize transfer of 08-2007 City's payment in-lieu of services; adopt proposed 2007 assessment roll; set FY 2007-2008 benefit hearing; authorize transfer for administrative fees and authorize Budget and Five- execution of a contract with Community Management Associates, Inc., to Year Service Plan provide management services for the District. Mayor Moncrief opened the for PID No. 12 public hearing and asked if there was anyone present desiring to be heard. (Chapel Hill) Ms. Becky Wood, PID Administrator, Finance Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15842, as follows: There was presented Mayor and Council Communication No. G-15842 from the City Manager recommending that the City Council: 1. Hold a public hearing concerning the budget and five-year service plan for Fort Worth Public Improvement District No. 12 (Chapel Hill) (PID No. 12)for Fiscal Year 2007-2008; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 22 of 30 2. Approve the budget and five-year service plan for FY 2007-2008 as recommended by the Advisory Board of PID No. 12 and approve adding to the FY 2007-2008 budget, as contingency, any unencumbered revenues from the PID No. 12 assessments from prior years; 3. Authorize the transfer of $4,000.00 for the City's payment in-lieu of services from the General Fund to the Special Assessment District Fund, PID No. 12 (FY 2007-2008 Project account); 4. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Special Assessment District Fund in the amount of $4,000.00 from available funds for the purpose of funding improvements and services in Public Improvement District No. 12 (Chapel Hill); 5. Adopt the proposed 2007 assessment roll for PID No. 12; 6. Set a public Benefit Hearing for Tuesday, September 11, 2007, at 7:00 p.m. in the City Council Chamber; 7. Authorize the transfer of $2,000.00 for administrative fees from the Special Assessment District Fund PID No. 12 (FY 2007-2008 Project account)to the General Fund; and 8. Authorize the City Manager to execute a contract with Community Management Associates, Inc., to provide management and improvement services for PID No. 12 during FY 2007-2008 for the sum of $64,000.00. There being no one present desiring to be heard in connection with the public hearing, Council Member Jordan made a motion, seconded by Mayor Pro tem Hicks, that the public hearing be closed, Mayor and Council Communication No. G-15842 be approved and Appropriation Ordinance No. 17723-08-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. L-14375 It was the consensus of the City Council that Mayor and Council Acquire Permanent Communication No. L-14375, Authorize the Acquisition of One Permanent Water Main and Water Main Easement and One Temporary Construction Easement from 24/7 Temporary Partners, a Texas Partnership, for the Construction of the Southside II Water Construction Transmission Main (DOE 4083), in the amount of$7,300.00, plus an estimated Easements for closing cost of $2,000.00; and Acceptance and Recording of Appropriate Construction of South Side II Water Instruments be withdrawn from consideration. Transmission Main Withdrawn from Consideration CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 23 of 30 L-14376 It was the consensus of the City Council that Mayor and Council Acquire Permanent Communication No. L-14376, Authorize the Acquisition of One Permanent Water Main and Water Main Easement and One Temporary Construction Easement from FW Temporary 140, LTD, for the South Side II Water Transmission Main, Fort Worth, Tarrant Construction County, Texas (DOE 4083); and Acceptance and Recording of Appropriate Easements for Instruments, be withdrawn from consideration. Construction of South Side II Water Transmission Main Withdrawn from Consideration L-14377 It was the consensus of the City Council that Mayor and Council Acquire Permanent Communication No. L-14377, Authorize the Acquisition of One Permanent Water Main Water Main Easement and One Temporary Construction Easement from Easement and Christopher Harris, Trustee for the Boult, Cummings, Conners and Berry Trust, Temporary for the construction of the South Side II Water Transmission Main, Fort Worth, Construction Tarrant County, Texas (DOE 4083); and Acceptance and Recording of Easement for Construction of Appropriate Instruments, be withdrawn from consideration. South Side II Water Transmission Main Withdrawn from Consideration PZ-2750 There was presented Mayor and Council Communication No. PZ-2750 from the Ord. No. 17724- City Manager recommending that the City Council institute and consider the 08-2007 adoption of an ordinance declaring certain findings; providing for limited Limited Purpose purpose annexation of a certain 7.76 acres (.012 square miles) of land, more or Annexation less, located north of White Settlement Road and east of Cattlebaron Drive out of the T. & N.O. R.R. Company Survey, Abstract No. 1566, and the S.B. Hopkins Survey, Abstract No. 672, Tarrant County, Texas, pursuant to Section 43.075 1, Local Government Code, for the sole purpose of imposing a sales and use tax; providing that this ordinance shall amend every prior ordinance in conflict herewith. On behalf of City Manager Boswell, Assistant City Manager Dale Fisseler stated that Section 1 of the ordinance needed to be amended to delete "...lying adjacent to and adjoining ...". Council Member Burdette made a motion, seconded by Mayor Pro tem Hicks, that Mayor and Council Communication No. PZ-2750 be approved and Ordinance No. 17724-08-2007 be adopted as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 24 of 30 C-22298 It was the consensus of the City Council that Mayor and Council Change Order No. 2 Communication No. C-22298, Authorize Change Order No. 2 to City Secretary to CSC No. 34413 - Contract No. 34413 with West Texas Rebar Placers, Inc., for Additional Site West Texas Rebar Improvements at Rolling Hills Soccer Complex, be withdrawn from Placers, Inc. consideration. Withdrawn from Consideration C-22325 There was presented Mayor and Council Communication No. C-22325 from the Fort Worth, City Manager recommending that the City Council authorize the City Manager Keller, Crowley, to execute contracts with the Fort Worth, Keller, Crowley, Eagle Eagle Mountain/ Mountain/Saginaw, Northwest, Everman and Lake Worth Independent School Saginaw, Districts (ISDs) and the Lena Pope Home to operate the FY 2007-2008 School Northwest, Security Initiative. Everman and Lake Worth ISDs Council Member Moss advised the Council that he had filed a Conflict of and Lena Pope Interest Affidavit with the City Secretary's Office and would be abstaining Home from voting on this issue. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22325 be adopted. The motion carried eight (8) ayes to zero (0) nays, with one abstention by Council Member Moss. C-22330 There was presented Mayor and Council Communication No. C-22330 from the Behrens and City Manager recommending that the City Council authorize the City Manager Associates, Inc. to execute a professional services contract with Behrens and Associates, Inc., for ambient sound level evaluations and technical assistance with the development of a city-wide Comprehensive Noise Ordinance and amendments to the Noise Provisions of the Gas Drilling Ordinance related to Fracing and Compressor Stations in an amount not to exceed $82,040.00. Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22330 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22331 There was presented Mayor and Council Communication No. C-22331 from the S&M Building City Manager recommending that the City Council find that the statements set Corporation forth in the recitals of the Tax Abatement Agreement with S&M Building Corporation are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with S&M Building Corporation for the property at 5851 Oak Hollow Court in the Woodhaven Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 25 of 30 Council Member Scarth made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22331 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. C-22332 There was presented Mayor and Council Communication No. C-22332 from the James S. City Manager recommending that the City Council find that the statements set Bednarski forth in the recitals of the Tax Abatement Agreement with James S. Bednarski and Patricia Bednarski are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with James S. Bednarski and Patricia Bednarski for the property at 1637 South Adams Street in the Magnolia Village Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22332 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. C-22333 There was presented Mayor and Council Communication No. C-22333 from the Nancy N. Rimmer City Manager recommending that the City Council find that the statements set forth in the recitals of the Tax Abatement Agreement with Nancy N. Rimmer are true and correct; and authorize the City Manager to enter into a five-year Tax Abatement Agreement with Nancy N. Rimmer for the property at 1319 South Adams Street in the Magnolia Village Neighborhood Empowerment Zone (NEZ) in accordance with the NEZ Tax Abatement Policy and Basic Incentives. Council Member Davis made a motion, seconded by Council Member Scarth, that Mayor and Council Communication No. C-22333 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. C-22334 There was presented Mayor and Council Communication No. C-22334 from the Ord. No. 17725- City Manager recommending that the City Council: 08-2007 Amend CSC No. 1. Authorize the City Manager to amend an Artwork Commission 35428 - Cliff Contract with Cliff Garten & Associates, Inc., d/b/a Cliff Garten Garten & Studio) City Secretary Contract No. 35428) for fabrication, installation Associates, Inc., and associated costs for two additional internally-lit laser cut polished d/b/a Cliff Garten stainless steel sculptures approximately 35 feet in height in the median Studio of Lancaster Avenue known as the "Avenue of Light" public art project, in an amount of not to exceed $550,000.00; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 26 of 30 2. Authorize the City Manager to accept funds in the amount of up to $275,000.00 from the Lancaster TIF for the commission of one of the additional sculptures; 3. Authorize the City Manager to accept funds in the amount of up to $275,000.00 from the Local Development Corporation for the commission of one of the additional sculptures; 4. Approve the transfer of up to $275,000.00 from the Local Development Corporation Fund to the Specially Funded Capital Projects Fund; and 5. Adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of$525,000.00 from available funds for the purpose of funding the fabrication and installation of two additional sculptures as part of the "Avenue of Light" Lancaster Corridor Public Art project. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22334 be approved and Appropriation Ordinance No. 17725-08-2007 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. C-22335 There was presented Mayor and Council Communication No. C-22335 from the Amendment No. 3 City Manager recommending that the City Council authorize the City Manager to CSC No. 31696 to execute Amendment No. 3 to City Secretary Contract No. 31696 with - TranSystems TranSystems Corporation, d/b/a TranSystems Corporation Consultants, for Corporation, d/b/a water and sanitary sewer relocations for State Highway 121T (Southwest TranSystems Parkway), Part 1 from Hulen Street to Summit Avenue (City Project No. Corporation 00203), in the amount of $130,476.00 to provide for additional engineering Consultants services, thereby increasing the contract amount to $929,020.00. Council Member Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22335 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22336 There was presented Mayor and Council Communication No. C-22336 from the Fort Worth City Manager recommending that the City Council authorize the City Manager Independent to execute an After-School Program agreement for $1.3 million with the Fort School District Worth Independent School District to operate the Fort Worth After-School Program at selected schools as a juvenile crime prevention measure during Fiscal Year 2007-2008. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 27 of 30 Council Member Moss 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 Silcox made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22336 be approved. The motion carried eight (8) ayes to zero (0) nays, with one abstention by Council Member Moss. Agenda Item XVI It appeared that the City Council set today as the date for a hearing in Budget Hearing connection with the proposed Fiscal Year 2007-2008 Appropriation Ordinance, Debt Ordinance and Ad Valorem Tax Levy Ordinance. 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, Mayor Moncrief stated that the public hearing would remain open until final adoption of the subject ordinances. AGENDA ITEM XVIIA — ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-06-285 It appeared that the City Council, at its meeting of August 9, 2007, continued SP-06-050 the hearing of the application of McQuerry Properties for a change in zoning of Approved property located at 2425 Decatur Avenue from "K" Heavy Industrial to "PD/SU" Planned Development/Specific Use for all uses in "K" Heavy Industrial, plus recycling services and with site plan for existing warehouse, office and recycling facility required, Zoning Docket No. ZC-07-285 and Site Plan No. SP-06-050. 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 McQuerry Properties, Council Member Espino made a motion, seconded by Council Member Silcox, that the hearing be closed and that Zoning Docket No. ZC-07-285 and Site Plan No. SP-06-050 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. ZC-07-126 It appeared that the City Council, at its meeting of August 9, 2007, continued Approved the hearing of the application of Jerry Barton for a change in zoning of property located at 2301 Scott Avenue from "G" Intensive Commercial to "PD/G" Planned Development for "G" Intensive Commercial, plus kennel and with CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21, 2007 PAGE 28 of 30 waiver of site plan recommended, Zoning Docket No. ZC-07-126. 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 Jerry Barton, Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that the hearing be closed and that Zoning Docket No. ZC-07-126 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. Mayor Pro tem Hicks referred to an e-mail she received from Ms. Sandra Watkins that was also sent to the entire Council and stated that she felt the need to respond to that e-mail publicly. She reminded everyone that the Council delayed zoning cases all the time to give the Council an opportunity to meet with the owner. She pointed out that the letter that was against this zoning case was not included in the original file and she thought it important to look at the letter of the adjacent property owner, a letter that was provided to her by Ms. Watkins. She added that therefore, as a representative of that area, she felt a responsibility to review all the background material for the case. She apologized to Ms. Watkins for not having an opportunity to meet with her sooner, but stated that she was personally appalled that Ms. Watkins chose to assert to the entire Council that her request to meet with Ms. Watkins was somehow a snub or punishment against a "white girl". She added that Ms. Watkins chose to question the diversity of her board and commission appointments and stated that she was terribly proud of the geographical diversity, the gender and everything else in District 8. She concluded by stating that she thought this business would be a wonderful business to District 8 and that she looked forward to working with anyone who wanted to further the City and her District. AGENDA ITEM XVIIB—ZONING HEARINGS: CASES RECOMMENDED FOR DENIAL ZC-07-127 It appeared that the City Council, at its meeting of August 9, 2007, continued SP-07-042 the hearing of the application of Danny Curbo for a change in zoning of Approved property located at 2708 and 2710 Chesnut Avenue from `B" Two Family Residential, "E" Neighborhood Commercial and "I" Light Industrial to "PD/E" Planned Development for "E" Neighborhood Commercial, plus warehouse and with site plan required, Zoning Docket No. ZC-07-127 and Site Plan No. SP- 07-042. 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 AUGUST 21, 2007 PAGE 29 of 30 Council Member Espino stated that the applicant had met with the neighborhood association on the zoning change and that the neighborhood association was in support of the rezoning. There being no one present desiring to be heard in connection with the application of Danny Curbo, Council Member Espino made a motion, seconded by Council Member Davis, that the hearing be closed and that Zoning Docket No. ZC-07-127 and Site Plan No. SP-07-042 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. There being no one else present desiring to be heard in connection with the recommended changes and amendments to Zoning Ordinance No. 13896, Council Member Espino made a motion, seconded by Council Member Davis, that the hearing be closed and that the following ordinance be adopted: ORDINANCE NO. 17726-08-2007 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 Mr. Jim Strachan, P. O. Box 123011, appeared before Council relative to XVIII cycling in Fort Worth and surrounding areas. He advised the Council of safety Citizen hazards experienced by him and other cyclists from motor vehicle drivers and Presentations stated that he had recently been personally threatened by a woman on White Jim Strachan Settlement Road. He added that Fort Worth needed to advertise that jeopardizing the safety of cyclists was a criminal offense and to be cautious and courteous to other vehicles who were authorized to be on City streets. Agenda Item XIX It was the consensus of the City Council that they recess into Executive Session Executive Session at 1:20 p.m. to: CITY OF FORT WORTH,TEXAS REGULAR CITY COUNCIL MEETING AUGUST 21,2007 PAGE 30 of 30 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 regulation of sexually oriented businesses; c) Legal issues regarding construction contracts; 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 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 1:40 p.m. Agenda Item XX There being no further business,the meeting was adjourned at 1:40 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 28th day of August, 2007. Attest: Approved: r Marty H drix Michael J. Moncri¢f City Secretary Mayor