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HomeMy WebLinkAbout2007/10/30-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 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 Marcia Wise, Deputy 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 10:40 a.m. on Tuesday, October 30, 2007, in the City Council Chamber of the Fort Worth City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102. Agenda Item II The invocation was given by Pastor Bud Beverly, St. Paul Lutheran Church. Invocation Agenda Item III The Pledge of Allegiance was recited. Pledge Agenda Item IV Upon a motion of Council Member Jordan, seconded by Council Member Approval of Silcox, the minutes of the regular meeting of October 23, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Mayor Moncrief stated that the sixth grade honor roll students from Glencrest Special Elementary School were not present in the Council Chamber at this time and Presentations would be introduced upon their arrival. (Note: The students did not arrive at the Council meeting prior to its adjournment.) Mayor Moncrief introduced students from Fort Worth Independent School District's Paschal, Northside and Trimble Tech High Schools that were voluntarily participating in a leadership development program called "Tomorrow's Leaders" that was created by a team of City employees enrolled in the Executive Leadership Development Institute. He stated that the students CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 2 of 22 would spend eight hours shadowing Executive Leadership Development team members from various City departments to learn about careers and opportunities with the City of Fort Worth and how City government worked. Agenda Item VI Council Member Espino announced that this weekend was race weekend at the Announcements Texas Motor Speedway with the Truck Series race on Friday, the Bush Series race on Saturday and the Nextel Cup race on Sunday. He encouraged everyone to attend the races. Council Member Moss announced that the Health Department had scheduled a very exciting program this weekend and asked Daniel Reimer, Public Health Department Director, to brief the Council on the program. Mr. Reimer stated that on November 3, 2007, from 12:30 p.m. to 4:30 p.m. in the Texas Room at the Will Rogers Memorial Coliseum, the Second Annual Fit Future Kids Fest would be held. He stated that children would be able to experience different forms of physical activities at the fest such as cooking demonstrations, growing a healthy garden, yoga, fencing, karate, rock climbing and learn to use technology in a way that made exercising fun and interesting. He added that he hoped the Council could stop by and experience the event. Mayor Pro tem Hicks expressed appreciation to Council Members Scarth, Jordan and Davis for joining her in Washington, D.C., last week to promote Fort Worth. She also expressed appreciation to Assistant City Manager Joe Paniagua and members of the Governmental Relations staff for their assistance and stated that the trip was very productive. She announced that the Annual District 8 Town Hall would take place November 3, 2007, at Morningside Elementary School, 2601 Evans Avenue and that Fort Worth Independent School District Superintendent, Dr. Melody Johnson would be the special guest speaker. She added that a number of representatives from City Departments would also be present along with the Mayor and City Manager and that registration would start at 8:30 a.m. and the meeting would be from 9:00 a.m. to noon. She also announced that the second public meeting for the Cobb Park Master Plan would be conducted on November 12, 2007, at 6:00 p.m. at the Sycamore Community Center and encouraged everyone interested to attend. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from C-22473 through C-22488 be withdrawn from the consent agenda. Consent Agenda CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 3 of 22 Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ G-15945 be continued until the November 6, 2007, Council meeting and that Withdrawn from G-14951 and L-14416 be withdrawn from consideration. Consideration Council Member Davis stated that in reference to M&C G-15945, she had some specific concerns that had been shared with her from Downtown Fort Worth, Inc., that she would like to communicate to City Manager Boswell relative to expectations the City had about the communications that representatives from Innovation Event Management, LP, had with the business owners affected by festivals held downtown. She added that when the City was dealing with this group last year, the event was moved to the north side, out of downtown, as it was felt that the City could not accommodate some of their requests on such a short timeframe. She advised that the City had been working for quite some time on a new events policy, particularly for the Downtown area, and that once again the City had an application for a street closure preceding the final resolution of that events policy. She suggested that it was premature to grant the application until the events policy was finalized. Agenda Item IX Upon a motion made by Council Member Espino, seconded by Council Consent Agenda Member Silcox, 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-1633 M&C OCS-1633 - 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-15944 M&C G-15944 - Adopting Ordinance No. 17851-10-2007 amending Chapter Ord. No. 17851-10- 31 and Appendix "C" of the Code of the City of Fort Worth (1986), as 2007 amended, to repeal the contents of Chapter 31, "Subdivision Regulations" and Amend Chapter 31 replace with the contents of Appendix "C" "Subdivision Ordinance"; to change and Appendix "C" the title of Chapter 31 from "Subdivision Regulations" to "Subdivision of City Code Ordinance"; and to repeal Appendix "C" "Subdivision Ordinance". P-10671 M&C P-10671 - Authorizing a purchase agreement for doors and hardware Doors and with Thornton Industries, Inc., for the City of Fort Worth based on sole bid Hardware received; and authorizing the City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid award in accordance with Local Government Code, Section 271.102, "Cooperative Purchasing Program Participation". CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 4 of 22 P-10672 M&C P-10672 - Authorizing the purchase of one new vehicle using a Houston- Vehicle Galveston Area Council Contract with Caldwell Country Dealerships and four new vehicles using Tarrant County Cooperative Contracts with Caldwell Country Dealerships and Planet Ford 6 for the Transportation/Public Works and Public Health Departments. P-10673 M&C P-10673 - Authorizing purchase agreements for Liquid Petroleum Gas Liquid Petroleum Certification Decals and Vehicle Inspection Certification Decals from the State Gas Certification of Texas, Comptroller of Public Accounts and Department of Public Safety for Decals and Vehicle the Equipment Services Department. Inspection Certification Decals P-10674 M&C P-10674 - Ratifying an emergency purchase of pipeline repairs from Ord. No. 17852-10- Archer Western Contractors, LTD., and RedZone Robotic Services for the 2007 Water Department, totaling $85,575.97; and adopting Supplemental Pipeline Repairs Appropriation Ordinance No. 17852-10-2007 increasing appropriations in the Water and Sewer Fund in the amount of $85,575.97 and decreasing the unreserved, undesignated fund balance by the same amount, for the purpose of funding an emergency purchase of pipeline repairs from Archer Western Contractors, LTD., and RedZone Robotic Services for the Water Department. C-22489 M&C C-22489 - Authorizing the City Manager to execute a contract with 7LB JLB Contracting, Contracting, L.P., in the amount of $1,379,968.00 for 170 working days for L.P. HMAC Surface Overlay 2007-8 at various locations (City Project No. 00750). C-22490 M&C C-22490 - Authorizing the City Manager to execute Change Order No. 1 Change Order No. 1 to City Secretary Contract No. 35465 with Conatser Construction Texas, LP, to CSC No. 35465 - for Trinity Bluff water and wastewater improvements on portions of East Peach Conatser and Pharr Streets (City Project No. 00102), in the amount of $108,107.00, Construction Texas, thereby increasing the contract amount to $1,051,747.00. LP C-22491 M&C C-22491 - Authorizing the City Manager to execute an engineering Chiang, Patel and agreement with Chiang, Patel and Yerby, Inc., in the amount of$347,600.00, to Yerby, Inc. design new alert notification systems for the Village Creek Wastewater Treatment Plant and the Rolling Hills Water Treatment Plant. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 5 of 22 C-22492 M&C C-22492 - Authorizing the City Manager to execute Amendment No. 2 to Amendment No. 2 to an engineering agreement with Camp Dresser and McKee, Inc., (City Secretary CSC No. 26050- Contract No. 26050) for the design of the Rolling Hills Water Treatment Plant Camp Dresser and Facilities Upgrade and 40-MGD Expansion Phase 5 - Chemical Facilities McKee, Inc. Improvements, thereby increasing the amount of the contract by $235,000.00 to $5,388,839.00. C-22493 M&C C-22493 - Authorizing the execution of a professional services International Ford agreement with the International Ford Group, LLC, for a workplace assessment Group, LLC and supervisory training program in the Water Department for a compensation amount not to exceed $67,800.00. The motion carried. End of Consent Agenda. Agenda Item X Council Member Espino made a motion, seconded by Council Member Davis, Presentations by that Kathleen Hicks be elected as Mayor Pro tem for the City Council. The City Council motion carried unanimously nine (9) ayes to zero (0) nays. Election of Mayor Pro tem Mayor Pro tem Hicks expressed appreciation to her fellow Council Members for their unanimous support. Mayor Moncrief stated that Mayor Pro tem Hicks had been a voice for the entire City and not just District 8. He added that she had been just as concerned about what was going on in other quadrants of the City that had different challenges than her district and that sensitivity was reflected along with the confidence and appreciation of the Council. Appointments Mayor Moncrief stated that with Council Member Davis's departure from the Council to pursue other opportunities, replacements had to be appointed to fill her vacated positions on the City's standing committees until such time as her successor assumed office as the District 9 representative. He advised that Council Member Jordan would become the Chair of the Central City Revitalization and Economic Development Committee and that Council Member Espino would become the Chair of the Infrastructure and Transportation Committee effective October 30, 2007. Council Member Burdette made a motion, seconded by Council Member Espino, that Miguel Garcia, Jr., be appointed to Place 7 on the Aviation Advisory Board effective October 30, 2007, and with a term expiring October 1, 2009 The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 6 of 22 Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, that Ruth Tunstle be appointed to Place 8 on the Parks and Community Services Advisory Board effective October 30, 2007, and with a term expiring October 1, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Espino made a motion, seconded by Council Member Moss, that the following appointments be made to the Mayor's Committee on Persons with Disabilities effective October 30, 2007, and with a term expiring October 1, 2008: • Lighthouse for the Blind designee—R. Todd Icard (Place 22) • Community Learning Center Representative (Place 10) The motion carried unanimously nine (9) ayes to zero (0) nays. Agenda Item XI There were no presentations or communications from boards, commissions Committee and/or City Council Committees. Presentations Agenda Item XIII There was presented a resolution of the City Council of the City of Fort Worth, Res. No. 3545-10- Texas, authorizing the setting of a Called-Special meeting on 2007 November 19, 2007, for the purpose of canvassing the results of two special Set Special-Called elections to be held on November 6, 2007, and calling for a run-off election, if Meeting on necessary. November 19, 2007, Canvassing Results of Special Elections Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, Held on November that Resolution No. 3545-10-2007 be adopted. The motion carried 6, 2007, and Call for unanimously nine (9) ayes to zero (0) nays. Run-Off Election if Necessary Agenda Item XIV There was presented a resolution supporting the expansion of the Naval Air Res. No. 3546-10- Station Joint Reserve Base (NAS JRB) and related community initiatives. 2007 Support Expansion Council Member Silcox made a motion, seconded by Council Member Davis, of NAS JRB and that Resolution No. 3546-10-2007 be adopted. Related Community Initiatives CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 7 of 22 Shelly Harper Ms. Shelly Harper, 6301 Cahoba Drive, representing the East Lake Worth Neighborhood Association, appeared before Council and expressed concern with the expansion of the base. She addressed hazardous decibel levels, jeopardizing recreational activities and other quality of life issues that would have an impact on the area resulting from base expansion. She requested that the Council consider conducting an environmental impact study to preserve the safety and environment for all citizens. Council Member Burdette stated that he and Council Member Silcox had served on the Joint Land Use Study Committee for the Joint Reserve Base and pointed out the value of the base of the community. He clarified the resolution's contents and that the expansion of the base referred to expansion of operations at the base, not of the real estate. (Mayor Moncrief and Council Member Jordan left their places at the dais and left the meeting and Mayor Pro tem Hicks assumed the chair as presiding officer.) Council Member Burdette pointed out that the resolution sent a message to the military that this area welcomed the JRB and recognized its importance to the surrounding communities and to the defense of the country. Council Member Silcox echoed Council Member Burdette's comments and stated that the Joint Land Use Study Committee removed any suggestion of a disclosure form and relied on the fact that the State of Texas had a law that states that the seller was responsible for passing along any information to the buyer relative to problems with the property. He pointed out that Department of the Navy had made recommendations to take property along the northern shore of Lake Worth, but there were no plans on this occurring. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. AGENDA ITEM XV—REPORT OF THE CITY MANAGER G-15945 It was the consensus of the City Council that Mayor and Council Temporary Closure Communication No. G-15945, Authorize Temporary Closure of Main Street of Main Street for from 3rd Street through 9th Street and 4th Street through 9th Street from Houston Gran Fiesta de Fort Street to Commerce Street During Specified Times Beginning Thursday, Worth Festival July 24, 2008, until Monday, July 28, 2008, for the Gran Fiesta de Fort Worth, July 24-28, 2007— be continued until the November 6, 2007, Council meeting. Continued Until November 6, 2007 CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 8 of 22 G-15946 There was presented Mayor and Council Communication No. G-15946 from Pay Relocation and the City Manager recommending that the City Council authorize payment of up Moving Expenses to $350,000.00 for relocation and moving expenses to Howell Instruments, as a for Right-of-Way displaced business, from 3479 West Vickery Boulevard, in the Vickery for Southwest Corridor, Parcel No. 51, for Right-of-Way for the Southwest Parkway Project Parkway Project (DOE 3777). Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15946 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. G-15947 There was presented Mayor and Council Communication No. G-15947 from Settlement of the City Manager recommending that the City Council approve the proposed Claims in Lawsuit, settlement of the claims of Douglas W. Black and Jill T. Black in this lawsuit, City of Fort Worth City of Fort Worth v. Douglas W. Black, et al., in the County Court at Law No. v. Douglas W. 3 of Tarrant County, Texas, Cause No. 06-42205-3; authorize the payment of Black, et al., Cause $300,000.00 to the Blacks, consisting of $242,000.00 previously deposited in No. 06-42205-3 the registry of the court and a check made payable for $58,000.00 to Barron & Adler, L.L.P., on behalf of Douglas W. Black and Jill T. Black; and authorize the attorney for the City to approve the agreed judgment necessary to complete the settlement. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15947 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15948 adopt an ordinance concerning the renewal of the Evans and Rosedale Ord. No. 17853-10- Neighborhood Empowerment Reinvestment Zone No. 4. Mayor Pro tem Hicks 2007 opened the public hearing and asked if there was anyone present desiring to be Renew Evans and heard. Rosedale Neighborhood Ms. Sarah Odle, Administrative Assistant, Housing Department, appeared Empowerment Reinvestment Zone before Council, gave a staff report and called attention to Mayor and Council No. 4 Communication No. G-15948, as follows and recommended that the Council adopt the ordinance attached to M&C G-15948 designating the Zone, with the stipulation that the first "Whereas" paragraph and Section 2 of the ordinance be amended to reference the NEZ Policy adopted by the City Council on May 15, 2007. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 9 of 22 There was presented Mayor and Council Communication No. G-15948 from the City Manager recommending that the City Council hold a public hearing concerning the renewal of the Evans and Rosedale area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 4; and adopt an ordinance renewing and re-designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 4, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Espino, that the public hearing be closed, Mayor and Council Communication No. G-15948 be approved and Ordinance No. 17853-10-2007 be adopted as amended. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15949 adopt an ordinance concerning the renewal of the Hemphill/Berry Ord. No. 17854-10- Neighborhood Empowerment Reinvestment Zone No. 7. Mayor Pro tem Hicks 2007 opened the public hearing and asked if there was anyone present desiring to be Renew heard. Hemphill/Berry Neighborhood Ms. Sarah Odle, Administrative Assistant, Housing Department, appeared Empowerment Reinvestment Zone before Council, gave a staff report and called attention to Mayor and Council No. 7 Communication No. G-15949, as follows and recommended that the Council adopt the ordinance attached to M&C G-15949 designating the Zone, with the stipulation that the first "Whereas" paragraph and Section 2 of the ordinance be amended to reference the NEZ Policy adopted by the City Council on May 15, 2007. There was presented Mayor and Council Communication No. G-15949 from the City Manager recommending that the City Council hold a public hearing concerning the renewal of the Hemphill/Berry area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 7; and adopt an ordinance renewing and re-designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 7, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 10 of 22 There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed, Mayor and Council Communication No. G-15949 be approved and Ordinance No. 17854-10-2007 be adopted as amended. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15950 adopt an ordinance concerning the renewal of the Magnolia Village Ord. No. 17855-10- Neighborhood Empowerment Reinvestment Zone No. 5. Mayor Pro tem Hicks 2007 opened the public hearing and asked if there was anyone present desiring to be Renew Magnolia heard. Village Neighborhood Ms. Sarah Odle, Administrative Assistant, Housing Department, appeared Empowerment Reinvestment Zone before Council, gave a staff report and called attention to Mayor and Council No. 5 Communication No. G-15950, as follows and recommended that the Council adopt the ordinance attached to M&C G-15950 designating the Zone, with the stipulation that the first "Whereas" paragraph and Section 2 of the ordinance be amended to reference the NEZ Policy adopted by the City Council on May 15, 2007. There was presented Mayor and Council Communication No. G-15950 from the City Manager recommending that the City Council hold a public hearing concerning the renewal of the Magnolia Village area as Fort Worth Neighborhood Empowerment Reinvestment Zone No. 5; and adopt an ordinance renewing and re-designating a certain area in the City of Fort Worth as "Neighborhood Empowerment Reinvestment Zone No. 5, City of Fort Worth, Texas"; providing the effective and expiration dates for the Zone and a mechanism for renewal of the Zone; and containing other matters related to the Zone, pursuant to the Texas Property Redevelopment and Tax Abatement Act, Tax Code, Chapter 312. There being no one present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Silcox, that the public hearing be closed, Mayor and Council Communication No. G-15950 be approved and Ordinance No. 17855-10-2007 be adopted as amended. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 11 of 22 Public Hearing It was the consensus of the City Council that Mayor and Council G-15951 Communication No. G-15951, Public Hearing to Adopt Ordinance Concerning Renew Polytechnic/ Renewal of the Polytechnic/Wesleyan Neighborhood Empowerment Zone No. Wesleyan NEZ Zone 6 (NEZ 6), be withdrawn from consideration. No. 6—Withdraw from Consideration Public Hearing It appeared that the City Council set today as the date for a public hearing on G-15952 the adoption of an ordinance to provide for the continued taxation of Goods-in- Ord. No. 17856-10- Transit, as defined in and subject to exemption under Texas Tax Code, Section 2007 11.253. Mayor Pro tem Hicks opened the public hearing and asked if there was Provide Continued anyone present desiring to be heard. Taxation of Goods- In-Transit Mr. Mark Folden, Business Development Coordinator, Economic and Community Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15952, as follows: There was presented Mayor and Council Communication No. G-15952 from the City Manager recommending that the City Council conduct a public hearing to allow members of the public to speak for or against the continued taxation of Goods-in-Transit, as defined in and subject to exemption under Texas Tax Code, Section 11.253; and adopt an ordinance providing for the continued taxation of Goods-in-Transit, as defined in and subject to exemption under Texas Tax Code, Section 11.253. 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 Scarth, that the public hearing be closed, Mayor and Council Communication No. G-15952 be approved and Ordinance No. 17856-10-2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. L-14410 There was presented Mayor and Council Communication No. L-14410, dated Lease for Natural October 16, 2007, from the City Manager recommending that the City Council Gas Drilling in approve the acceptance of a lease agreement for natural gas drilling under Cobb Park 152.449 net mineral acres, more or less, of City-owned properties located in Tarrant County, Texas, known as Cobb Park, to Chesapeake Exploration, L.L.C., for a two-year term. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 12 of 22 Mayor Pro tem Hicks emphasized that the park was very important to District 8 and Fort Worth. She stated that the funds, coupled with some other plans, would positively impact the park. She pointed out that no drilling would occur on the park and no further pipelines would be under the park. On behalf of Mayor Pro tem Hicks, Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. L-14410 be approved and that a Cobb Park Advisory Committee be formed with the following stakeholders serving as members. Mr. Ramon Romero Park Board Appointee Reverend Carl Pointer Rolling Hills Neighborhood Ms. Devan Allen District 8 Council Aide Ms. Adelaide Leavens Streams and Valleys Ms. Deanna Boaz Vertex Investments Ms. Velma Ausbrooks United Communities The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. L-14416 It was the consensus of the City Council that Mayor and Council Withdrawn from Communication No. L-14416, dated October 23, 2007, Authorize the Consideration Conversion of Approximately 0.594 Acres of The Vineyards at Heritage Park for Use as a Pipeline Easement to Transport Natural Gas and Authorize Execution of a License Agreement with Texas Mobile Pipeline Company, be withdrawn from consideration. Public Hearing It appeared that the City Council set today as the date for a public hearing to L-14416 Revised authorize the conversion of approximately 0.572 acres of The Vineyards at Convert The Heritage Park for use as a pipeline easement to transport natural gas and Vineyards at authorize execution of a License Agreement with Mobil Pipe Line Company. Heritage Park to Mayor Pro tem Hicks opened the public hearing and asked if there was anyone Transport Natural present desiring to be heard. Gas Mr. Harold Pitchford, Assistant Director, Parks and Community Services Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. L-14416 Revised, as follows: There was presented Mayor and Council Communication No. L-14416 Revised from the City Manager recommending that the City Council conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 13 of 22 Chapter 26, Protection of Public Parks and Recreational Lands; find that there is no feasible or prudent alternative to transporting gas in a pipeline from underneath The Vineyards at Heritage Park; find that the proposed gas pipeline includes all reasonable planning to minimize harm to the park land; close the public hearing and authorize the City Manager to convert approximately 0.572 acres of parkland for use as a natural gas pipeline easement in The Vineyards at Heritage Park, being a tract of land situated in the John Edmonds Survey, Abstract No. 457, Tarrant County, Texas; authorize the execution of a License Agreement with Mobil Pipe Line Company for improvements at a value equal to or greater than the assessed $21,537.03 License Agreement fee for a term of 20 years; and authorize the acceptance of the License Agreement fee valued at $21,537.03 in-lieu-of park improvements. There being no one present desiring to be heard in connection with the public hearing, Council Member Espino made a motion, seconded by Council Member Silcox, that the public hearing be closed and Mayor and Council Communication No. L-14416 Revised be approved. Council Member Davis advised that she had provided the Law Department with a copy of a gas pipeline ordinance adopted by the City of Flower Mound and asked that the City look at the possibility of emulating the ordinance in regard to the City's oversight of the placement of the pipelines. She stated that the ordinance dealt with not only placement, but also safety concerns important to the health, safety and welfare of the community. She added that she felt it was important to emulate the ordinance and take responsibility for assuring the safety of the City's residents in the laying of the pipelines. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. (Council Member Silcox left his place at the dais.) C-22473 There was presented Mayor and Council Communication No. C-22473 from the Alliance for City Manager recommending that the City Council authorize the execution of a Children contract with the Alliance for Children for assistance in funding child abuse prevention programs in the amount of$63,998.00. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22473 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Silcox and Jordan absent. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 14 of 22 C-22474 There was presented Mayor and Council Communication No. C-22474 from the Arts Council of Fort City Manager recommending that the City Council authorize the City Manager Worth and Tarrant to execute a contract with the Arts Council of Fort Worth and Tarrant County County for their promotion of artistic and cultural activities in the amount of $310,000.00. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22474 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Silcox and Jordan absent. C-22475 There was presented Mayor and Council Communication No. C-22475 from the Arts Council of Fort City Manager recommending that the City Council find that the activities of the Worth and Tarrant Neighborhood Arts Program administered by the Arts Council of Fort Worth County and Tarrant County serves a public purpose; and authorize the City Manager to execute a contract with the Arts Council of Fort Worth and Tarrant County for the Neighborhood Arts Program in the amount of$280,000.00. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22475 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Silcox and Jordan absent. C-22476 There was presented Mayor and Council Communication No. C-22476 from the Camp Fire USA City Manager recommending that the City Council authorize the execution of a First Texas contract with Camp Fire USA First Texas Corporate Champions for assistance Corporate in funding child care training services in the amount of$10,000.00. Champions Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22476 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Silcox and Jordan absent. C-22477 There was presented Mayor and Council Communication No. C-22477 from the Imagination City Manager recommending that the City Council authorize the execution of a Celebration Fort contract with Imagination Celebration Fort Worth for assistance in funding Worth educational outreach youth programs in the amount of$50,000.00. Mayor Pro tem Hicks stated that she would be abstaining from voting on this item as she served on the board of Imagination Celebration Fort Worth. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 15 of 22 Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22477be adopted. The motion carried unanimously five (5) ayes to zero (0) nays, with Mayor Moncrief and Council Members Silcox and Jordan absent and with one abstention by Mayor Pro tem Hicks. C-22478 There was presented Mayor and Council Communication No. C-22478 from the Artes de la Rosa City Manager recommending that the City Council authorize the execution of a contract with Artes de la Rosa for assistance in marketing the Rose Marine Theater in the amount of$60,000.00. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22478 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Silcox and Jordan absent. C-22479 Mayor and Council Communication No. C-22479 from the City Manager North Texas recommending that the City Council authorize the execution of a contract with Leaders and the North Texas Leaders and Executives Advocating Diversity for assistance in Executives funding professional workplace diversity programs in the amount of Advocating $25,000.00. Diversity Council Member Moss made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22479 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Silcox and Jordan absent. C-22480 There was presented Mayor and Council Communication No. C-22480 from the Recovery Resource City Manager recommending that the City Council authorize the execution of a Council contract with the Recovery Resource Council for assistance in funding alcohol and substance abuse prevention and intervention programs in the amount of $50,000.00. Council Member Scarth made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22480 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Silcox and Jordan absent. C-22481 Mayor and Council Communication No. C-22481 from the City Manager Safe Cities recommending that the City Council authorize the execution of a contract with Commission the Safe Cities Commission for assistance in funding youth-oriented crime prevention programs in the amount of$60,195.00. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 16 of 22 Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22481 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Silcox and Jordan absent. C-22482 There was presented Mayor and Council Communication No. C-22482 from the Safe Haven of City Manager recommending that the City Council authorize the execution of a Tarrant County contract with Safe Haven of Tarrant County for assistance in funding a shelter and social service program for abused persons in the amount of$90,000.00. Council Member Davis made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22482 be adopted. The motion carried unanimously six (6) ayes to zero (0) nays, with Mayor Moncrief and Council Members Silcox and Jordan absent. (Council Member Silcox returned to his place at the dais.) C-22483 There was presented Mayor and Council Communication No. C-22483 from the Tarrant County City Manager recommending that the City Council authorize the City Manager Veterans Council to execute a contract with the Tarrant County Veterans Council for assistance in funding the Veteran's Day Parade in the amount of$5,000.00. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. C-22483 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. C-22484 There was presented Mayor and Council Communication No. C-22484 from the Tarrant County City Manager recommending that the City Council authorize the execution of a Youth contract with the Tarrant County Youth Collaboration for assistance in funding Collaboration youth advancement programs in the amount of$15,000.00. Council Member Davis made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22484 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. C-22485 There was presented Mayor and Council Communication No. C-22485 from the Mental Health City Manager recommending that the City Council authorize the City Manager Mental Retardation to execute a contract with Mental Health Mental Retardation of Tarrant County of Tarrant County for the Tarrant County Youth Recovery Campus in the amount of$51,000.00; CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 17 of 22 and find that the provision of adolescent drug and alcohol rehabilitation services constitutes a public purpose. Council Member Moss made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22485 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. C-22486 There was presented Mayor and Council Communication No. C-22486 from the Women's Center of City Manager recommending that the City Council authorize the execution of a Tarrant County contract with the Women's Center of Tarrant County for assistance in funding rape crisis services in the amount of$75,000.00. Council Member Burdette made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22486 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. C-22487 There was presented Mayor and Council Communication No. C-22487 from the World Affairs City Manager recommending that the City Council authorize the execution of a Council of Greater contract with the World Affairs Council of Greater Fort Worth for assistance in Fort Worth funding local events related to State Department's Bureau of Education and Cultural Affairs Programs in the amount of$33,000.00. Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22487 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. Council Member Davis stated that she requested these M&Cs be removed from the consent agenda and read into the record as she thought it was important for the taxpaying community to understand the services the City supported not just the capital improvements and operating needs of the City. She added that the City provided support to those organizations that were in need of services that were not necessarily being provided through other resources. C-22488 There was presented Mayor and Council Communication No. C-22488 from the Qualified Third- City Manager recommending that the City Council authorize the City Manager Party Plan Review to enter into agreements with qualified third-party plan review and inspection and Inspection and firms to provide plan review and inspection services at the request of Plumbing developers, builders and other customers in the City of Fort Worth; and Inspection Firms CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 18 of 22 authorize the City Manager to enter into agreements with professional plumbing inspection firms to perform plumbing inspections at the request of the City. Council Member Espino made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. C-22488 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. C-22494 There was presented Mayor and Council Communication No. C-22494 from the Amend Artwork City Manager recommending that the City Council authorize the City Manager Commission to amend an Artwork Commission contract with Steve Teeters for final design, Contract- Steve fabrication, installation, artist's fees, education and other related costs for Teeters Public Art/Design Enhancements for Rodeo Plaza at the Stockyards (known as Phase I:B), by an amount not to exceed $255,192.00. Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22494 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. C-22495 There was presented Mayor and Council Communication No. C-22495 from the Ord. No. 17857-10- City Manager recommending that the City Council authorize the City Manager 2007 to execute a construction contract with Hasen Design Build Development, Inc., Ord. No. 17858-10- d/b/a Hasen Construction Services, in an amount not-to-exceed $1,353,100.00 2007 for the Rodeo Plaza Renovation project located on Rodeo Plaza between Hasen Design Build Exchange Avenue and Stockyards Boulevard; adopt an appropriation ordinance and Development, increasing appropriations in the Culture and Tourism Fund in the amount of Inc. d/b/a Hasen g Construction $1,517,690.00 and decreasing the unreserved fund balance by the same amount, Services for the purpose of transferring said funds to the Specially Funded Capital Projects Fund for the Rodeo Plaza renovation; authorize the transfer of $1,517,690.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; and adopt an appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $1,517,690.00 from available funds for the purpose of executing a construction contract with Hasen Design Build Development, Inc., d/b/a Hasen Construction Services for the Rodeo Plaza renovation project located on Rodeo Plaza between Exchange Avenue and Stockyards Boulevard. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 19 of 22 Council Member Espino made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22495 be approved and Appropriation Ordinance Nos. 17857-10-2007 and 17858-10-2007 be adopted. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. C-22496 There was presented Mayor and Council Communication No. C-22496 from the Centreport Venture, City Manager recommending that the City Council authorize the City Manager Inc. to execute a Community Facilities Agreement with Centreport Venture, Inc., for the installation of water and sanitary sewer services to serve Centreport Area I, Phase II, a future development, located in far east Fort Worth. Council Member Moss made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. C-22496 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. C-22497 There was presented Mayor and Council Communication No. C-22497 from the Museum Place City Manager recommending that the City Council authorize the City Manager Infrastructure, to execute a Community Facilities Agreement with Museum Place LTD. Infrastructure, LTD., for the installation of water and sanitary sewer services to serve Museum Place, a future multi-use development, located in west Fort Worth. Council Member Burdette made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22497 be approved. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. Agenda Item XVI It appeared that the City Council set today as the date for the first public First Public Hearing hearing for a proposed City initiated annexation of approximately 40.4 acres of for City Initiated land in Tarrant County, located south of Meadowbrook Drive and west of Annexation (AX-07- Dottie Lynn Parkway (AX-07-003, R.R. Ramey Survey). Mayor Pro tem Hicks 003, R.R. Ramey opened the public hearing and asked if there was anyone present desiring to be Survey) heard. 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 OCTOBER 30, 2007 PAGE 20 of 22 Council Member Scarth asked staff to explore the possibility of renaming Dolly Lynn Parkway, the part that existed in Fort Worth, as Eastchase Parkway to avoid the confusion of having a street within the City of Fort Worth having two different names. There being no one present desiring to be heard in connection with the first public hearing, Council Member Moss made a motion, seconded by Council Member Scarth, that the public hearing be closed. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. First Public Hearing It appeared that the City Council set today as the date for the first public for City Initiated hearing for a proposed City initiated annexation of approximately 27.8 acres of Annexation (AX-07- land in Tarrant County, located north of Cromwell Marine Creek Road and east 004, 6900 Block of of Boat Club Road (AX-07-004, 6900 block of Boat Club Road). Mayor Pro Boat Club Road) tem Hicks opened the public hearing and asked if there was anyone present desiring to be heard. 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 first public hearing, Council Member Burdette made a motion, seconded by Council Member Moss, that the public hearing be closed. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. AGENDA ITEM XVIIA-ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-07-155 It appeared that the City Council, at its meeting of October 23, 2007, continued Continued Until the hearing of the application of Crockett Realty, L.P., for a change in zoning of November 6, 2007 property located at 303 and 307 Crump Street from "J" Medium Industrial and "J/HSE" Medium Industrial/Highly Significant Endangered Historic Overlay to "H" Central Business and "H/HSE" Central Business/Highly Significant Endangered Historic Overlay, Zoning Docket No. ZC-07-155. Mayor Pro tem Hicks 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 Crockett Realty, L.P., Council Member Davis made a motion, CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30, 2007 PAGE 21 of 22 seconded by Council Member Espino, that Zoning Docket No. ZC-07-155 be continued until the November 6, 2007, Council meeting. The motion carried unanimously seven (7) ayes to zero (0) nays, with Mayor Moncrief and Council Member Jordan absent. Agenda Item XVIII Mayor Pro tem Hicks recognized Ms. Brenda Young, 1925 Danial, as desiring Citizen to address the Council relative to Police Misconduct on December 14, 2006; Presentations however, Ms. Young was not present in the Council Chamber. Agenda Item XIX It was the consensus of the City Council that they recess into Executive Session Executive Session at 11:37 a.m. to: 1. Seek the advice of its attorneys concerning the following pending or contemplated litigation or other matters that are exempt from public disclosure under Article X, Section 9 of the Texas State Bar Rules as authorized by Section 551.071 of the Texas Government Code: a) Legal issues concerning the Southwest Parkway (S.H. 121T); b) Melissa Kohout v. City of Fort Worth, Texas, David Lunsford and Tom Edwards, Cause No. 236-227021-07; c) Legal issues concerning Neighborhood Empowerment Zone Tax Abatements; 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. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 30,2007 PAGE 22 of 22 5. Deliberate personnel matters related to the appointment of a City Manager in accordance with Section 551.074 of the Texas Government Code. Reconvened The City Council reconvened into the Pre-Council session at 12:05 p.m. in order to complete the following items: 9. Update on MedStar Response Times; and 10. Request for Future Agenda Items and/or Reports. Agenda Item XX There being no further business, the meeting was adjourned at 1:00 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 6th day of November, 2007. Attest: Approved: Marty Hendrix Mic ael J. M rie City Secretary Mayor