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HomeMy WebLinkAbout2007/10/09-Minutes-City Council CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 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 7:02 p.m. on Tuesday, October 9, 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 II The invocation was given by Pastor Everett Carpenter, House of Praise Invocation Community Church. 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 Council Member Approval of Jordan, the minutes of the regular meeting of October 2, 2007, were approved Minutes unanimously nine (9) ayes to zero (0) nays. Agenda Item V Council Member Espino presented a Proclamation for Chamber of Commerce Special Week to Rosa Navejar, President and CEO, Fort Worth Hispanic Chamber of Presentations Commerce. Ms. Navejar expressed appreciation for the proclamation and accepted the proclamations on behalf of various Fort Worth Chambers of Commerce. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 2 of 20 Council Member Davis presented a Proclamation for Dental Hygiene Month to Ms. Nancy Garnett, Greater Fort Worth Dental Hygienists' Society Outreach Coordinator. Council Member Jordan presented a Proclamation for Physician's Assistant Week to Mr. Hank Lampke, Physician's Assistant Program Director. Fire Chief Rudy Jackson, introduced Mr. Sean Favors, Business Development Manager for Fireman's Fund Insurance Company and Mr. Scott Miller, representing the William Rigg Insurance Company, who presented a check in the amount of $12,847.00 to the Fort Worth Fire Department for smoke detectors for the hearing impaired. Agenda Item VI Council Member Scarth announced that the Fort Woof Dog Park, which is at Announcements Gateway Park, would host its 4th Annual Barktober Festival, on Saturday, October 13, 2007. He stated that this event would be sponsored by 1310 The Ticket Radio Station, and that the 5-K and 1 mile Fun Run would began at 9:00 a.m. and the Festival would run from 10:00 a.m. until 2:00 p.m., with all proceeds to benefit the Fort Worth Animal Shelter and Fort Woof Dog Park. Council Member Scarth also advised that this past weekend he was in Austin for the Texas Parks and Wildlife Fund Annual meeting and that the City's own Perry R. Bass was the inaugural inductee into the Texas Parks and Wildlife Hall of Fame for his conservation efforts. He stated that the award was accepted by Mr. Bass' son, Lee Bass. Council Member Moss invited everyone to attend the Historic Handley Street Festival Saturday, October 13, 2007, from 10:00 a.m. to 10:00 p.m., on Handley Street at the corner of Lancaster and Craig Street. He stated that there would be antique cars, food, entertainment, and lots of fun for all and invited everyone to attend the festivities. Council Member Burdette announced that Friday, October 12, 2007, the Fort Worth Library Foundation would conduct a fundraising dinner, "Evening of Champions" at the Central Library and stated that all of the Council Members were invited and he hoped to see as many as can in attendance along with the public. Council Member Espino invited everyone in the Marine Park Neighborhood community to attend the second public meeting Wednesday, October 10, 2007, at the Catholic Men's Club, 1428 Commerce at 6:30 p.m. on potential rezoning of the Marine Park Neighborhood area located behind the Rose Marine Theatre. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 3 of 20 He also stated that on Thursday, October 11, 2007, there would be a meeting of the North Beverly Hills Neighborhood Association at 7:00 p.m. at 4920 Robinson Street to discuss the upcoming street improvements for Beverly Hills Street and McCandles Street as well as other neighborhood issues and invited all interested to attend. Council Member Silcox extended congratulations to Commissioner J. D. Johnson for being elected President of the County Judges and Commissioners Association of Texas, which has over 1,200 members. Mayor Moncrief stated that he, Mayor Pro tem Hicks and Council Member Espino, attended an exhaustive three-day tour of three cities, Los Angeles, California, Denver, Colorado and Seattle, Washington, to learn how they address homelessness in their cities. He added that the tour consisted of 22 people, representing the business community, the faith community, the provider community, City Council members, and a County Judge, people who normally would not dialogue together. He stated that this was a very productive trip that provided insight and various methods on how Fort Worth could address the homelessness situation better. Agenda Item VII City Manager Boswell requested that Mayor and Council Communication Nos. Withdrawn from L-14405 and C-22435 be withdrawn from the consent agenda. Consent Agenda Agenda Item VIII City Manager Boswell requested that Mayor and Council Communication Nos. Continued/ G-15907 and L-14405 be withdrawn from consideration. He stated that the Withdrawn By Staff original version of M&C G-15907 had been withdrawn as it had been revised for Council consideration. Agenda Item IX Upon a motion made by Council Member Silcox, seconded by Council Member Consent Agenda Davis, 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-1629 M&C OCS-1629 - 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-15908 M&C G-15908 - Adopting Procedural Rules for the Capital Improvements Adopt Procedural Advisory Committee (CIAC) for Transportation Impact Fees. Rules for CIAC for Transportation Impact Fees CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 4 of 20 G-15909 M&C G-15909 - Authorizing the City Attorney to file a lawsuit necessary for Res. No. 3539-10- the eviction of all persons or legal entities who are on property located at 4729 2007 Mansfield Highway, also known as Lot 1, Block 2, E.P. Parris Addition to the Authorize City City of Fort Worth, which was obtained by the City through a tax foreclosure Attorney to File action; authorizing the City Attorney to file such other and further eviction Lawsuits for lawsuits as he deems necessary regarding foreclosed properties entrusted to the Evictions of Persons from City-Owned City in order to ensure that no damage is done to the properties, and that the Tax Foreclosure rights of the other taxing entities with an ownership interest in the property are Property protected, without the necessity of seeking City Council authorization on each individual property; and adopting Resolution No. 3539-10-2007 authorizing the suit, and authorizing such other and further eviction suits as he deems necessary. G-15910 M&C G-15910 - Authorizing the City Manager to apply for and accept, if Ord. No. 17824-10- awarded, the Keep America Beautiful/Anheuser-Busch Environmental Grants 2007 Program for the Adopt-A-Street Program; and adopting Appropriation Accept Ordinance No. 17824-10-2007 increasing estimated receipts and appropriations Environmental in the Grants Fund in the amount of$9,990.00 upon receipt of the grant from Grant for Adopt-A- Keep America Beautiful/Anheuser-Busch Environmental Grants Program for Street Program the purpose of funding Ado t-A-Street signs, garbage bags, gloves and safety vests. G-15911 M&C G-15911 - Authorizing the City Manager to approve an interlocal Approve Interlocal agreement between the City of Fort Worth and Tarrant County for the purpose Agreement for of providing rabies control in the unincorporated areas of Tarrant County. Rabies Control in Unincorporated Areas of Tarrant County G-15912 M&C G-15912 - Authorizing the City Manager to apply for a grant from the Apply for Grant for U.S. Environmental Protection Agency in the amount of $1,000,000.00 for Brownfields Brownfields Cleanup Revolving Loan Funds for the Brownfields Economic Economic Redevelopment Program. Redevelopment Program G-15913 M&C G-15913 — Authorizing the City Manager to apply for a grant from the Apply for Grant for U.S. Environmental Protection Agency in the amount of $200,000.00 for Brownfields Hazardous Assessment for the Brownfields Economic Redevelopment Economic Program. Redevelopment Program CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 5 of 20 G-15914 M&C G-15914 — Authorizing the City Manager to apply for a grant from the Apply for Grant for U.S. Environmental Protection Agency in the amount of $200,000.00 for Brownfields Petroleum Assessment for the Brownfields Economic Redevelopment Program. Economic Redevelopment Program P-10658 M&C P-10658 — Authorizing Amendment No. 1 to a purchase agreement with Video Security Sentinel the Alarm Company to provide additional video security cameras, Cameras, equipment, installation and maintenance services for various City facilities. Equipment, Installation and Maintenance Services L-14403 M&C L-14403 — Authorizing the sale of City Fee Owned Excess Right-of-Way Sale of Excess described as a tract of land located in the Daniel Dulaney Survey, Abstract No. Right-of-Way and 410, Fort Worth, Tarrant County, Texas, to adjoining property owner James N. Accept Easements Austin, Jr., (DOE 4953) in accordance with Texas Local Government Code 272.001 for the amount of $15,210.00; authorizing and acceptance of one permanent drainage easement and one permanent sanitary sewer easement; and authorizing the City Manager to execute and record the appropriate instruments. L-14404 M&C L-14404 — Approving the sealed bid sale of tax foreclosure properties, Sale of Tax described below, in accordance with Section 272.001 of the Texas Local Foreclosure Government Code for a total of$71,410.00; and Properties NAME PROPERTY DESCRIPTION ZONING Sir Finish D. Brewer Tract 3S,Abstract No. 841, Elizabeth A-5 Jones Survey, 0 Brentwood St. Concepcion Brown Lot 24, Block 24,Weisenberger Sunny A-5 Hill Garden, 1201 Elva Warren Concepcion Brown Lot 6, Block 1, Hulen Estates Addition, A-5 4448 Hulen Cir(W) S.A. Tyson Lot 29, Block 31, Southland E Subdivision, 905 Jessamine St(E) Juan A. Beltran Lot 26, Block 9, Emory College A-5 Subdivision of Patillo Addition, 1724 May St. Authorizing the City Manager to execute the appropriate deeds conveying the properties to the highest bidder complying with bid specifications. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 6 of 20 C-22436 M&C C-22436 —Authorizing the City Manager to execute a contract with TXU Change Order No. 8 Energy for electrical primary installation in the amount of $33,677.00; and to CSC No. 33249— authorizing the City Manager to execute Change Order No. 8 to City Secretary Prime Construction Contract No. 33249 with Prime Construction Company for the construction of Company the Botanic Garden Greenhouse in the amount of $42,035.00, thereby increasing the contract amount to $1,319,554.00. C-22437 M&C C-22437 —Authorizing the City Manager to execute a revised work order Revised Work with Job Order Contractor, Alpha Building Corporation, in the amount not-to- Order with Alpha exceed $50,000.00 to construct a temporary Citizen Drop-Off Station at 6260 Building Old Hemphill Road (the Southside Drop-Off Station). Corporation C-22438 M&C C-22438 — Authorizing the City Manager to execute a work order with Alpha Building Job Order Contractor, Alpha Building Corporation, in the amount of Corporation $32,947.00, to renovate Fire Station No. 21 to provide a female restroom facility. C-22439 M&C C-22439 — Adopting Appropriation Ordinance No. 17825-10-2007 Ord. No. 17825-10- increasing estimated receipts and appropriations in the Special Assessments 2007 Fund in the amount of $444,000.00 from available funds for the purpose of Ord. No. 17826-10- transferring said funds to the 2004 Street Improvements Fund; authorizing the 2007 transfer of$444,000.00 from the Special Assessments Fund to the 2004 Street Amendment No. 1 to Improvements Fund; adopting Appropriation Ordinance No. 17826-10-2007 CSC — No. 34445 CSC o.Nichols, increasing estimated receipts and appropriations in the Street Improvements Inc. Fund in the amount of $444,000.00 from available funds for the purpose of executing Amendment No. 1 to the Engineering Services Agreement with Freese & Nichols, Inc., for the design of Precinct Line Road from Hurst Boulevard to Concho Trail (City Project No. 00147); and authorizing the City Manager to execute Amendment No. 1 to City Secretary Contract No. 34445, an Engineering Services Agreement with Freese & Nichols, Inc., in the amount of$576,320.00 for the design of Precinct Line Road from Hurst Boulevard to Concho Trail thereby increasing the total amount to $839,666.00. C-22440 M&C C-22440 — Authorizing additional funding in the amount of$28,247.30 Amend CSC No. for City Secretary Contract No. 33332 for Sanitary Sewer Main M244-A 33332 - S.J. Village Creek Parallel Collector — Contract 2 with S.J. Construction of Texas, Construction of Ltd., thereby increasing the contract amount to $6,179,385.44. Texas, Ltd. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 7 of 20 C-22441 M&C C-22441 — Authorizing the City Manager to execute a lease agreement Sundance Square with Sundance Square Partners, L.P., for approximately 19,804 square feet of Partners, L.P. office space at 501 Jones Street, for the Police Department. C-22442 M&C C-22442 — Authorizing the City Manager to execute Amendment No. 1 Amendment No. 1 to to City Secretary Contract No. 31217 an engineering agreement with Kellogg CSC No. 31217— Brown and Root, Inc., for the Energy Management Project at Water and Kellogg Brown and Wastewater Treatment Plants, increasing the total contract cost by $41,978.00 Root, Inc. from $81,130.00 to $123,108.00. The motion carried. End of Consent Agenda. Agenda Item X Council Member Scarth made a motion, seconded by Council Member Espino, Presentations by that Wendy Wilson be appointed to Place 4 on the Golf Advisory Board City Council effective October 9, 2007. The motion carried unanimously nine (9) ayes to Appointments zero (0) nays. Council Member Scarth made a motion, seconded by Council Member Silcox, that Brenda Sanders Wise be appointed to Place 4 on the Historic and Cultural Landmarks Commission effective October 9, 2007, and with a term expiring October 1, 2008. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Silcox made a motion, seconded by Council Member Jordan, that Joan Earl be appointed to Place 3 on the Historic and Cultural Landmarks Commission effective October 9, 2007, and with a term expiring October 1, 2009. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Silcox made a motion, seconded by Mayor Pro tem Hicks, that Shawn Aaron Young be appointed to Place 3 on the Urban Forestry Board effective October 9, 2007, and with a term expiring October 1, 2009. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Burdette made a motion, seconded by Council Member Jordan, that Linda C. Cobb be appointed to Place 7 on the Golf Advisory Board effective October 9, 2007. The motion carried unanimously nine (9) ayes to zero (0) nays. Council Member Burdette made a motion, seconded by Council Member Moss, that Command Sergeant Major Larry Dyess be appointed to Place 7 on the Board of Adjustment - Commercial and the Fort Worth Alliance Board of CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 8 of 20 Adjustment, effective October 9, 2007, and with a term expiring October 1, 2009. The motion carried unanimously nine (9) ayes to zero (0) nays. Command Sergeant Major Dyess received a standing ovation for his services to our country. Council Member Jordan also saluted him for continuing the 36th Infantry Division tradition. 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 for the expansion of Fort Worth Mayor's Res. No. 3540-10- Advisory Task Force on Quality Affordable Housing and replacement and 2007 expansion of members. Expand Mayor's Advisory Task The City Council hereby authorizes the expansion of the Fort Worth Mayor's Force on Quality Advisory Task Force on Quality Affordable Housing to up to twenty-one (21) Affordable Housing and Replace and members. Expand Members The City Council hereby authorizes the following appointments and replacements to the Fort Worth Mayor's Advisory Task Force on Quality Affordable Housing, beginning October 9, 2007. Appointments to New Positions: a. Robert Rouse, North Fort Worth Alliance and President of the Heights at Park Vista Home Owners' Association. b. Michael D. Clark, Principal, Alpha-Barnes Real Estate Services, Apartment Association of Tarrant County. Replacement Position: a. Abby Gamboa, Executive Director of Near Northside Partners Council replacing Marty Martinez representing Fort Worth communities. City Manager Boswell advised that a revised version of the resolution had been distributed to the Council during the Pre-Council Work Session that clarified the caption. Mayor Pro tem Hicks made a motion, seconded by Council Member Espino, that Resolution No. 3540-10-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 9 of 20 Res. No. 3541-10- There was presented a resolution nominating John Molyneaux for appointment 2007 to the Board of Directors for the Tarrant Appraisal District, commencing Nominate John January 1, 2008, and with a term expiring December 31, 2009. Molyneaux to Board of Directors for Mayor Pro tem Hicks made a motion, seconded by Council Member Silcox, Tarrant Appraisal that Resolution No. 3541-10-2007 be adopted. The motion carried District unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XIV—REPORT OF THE CITY MANAGER Public Hearing It was the consensus of the City Council that Mayor and Council G-15907 Communication No. G-15907, Adopt Ordinance Amending Chapter 7 Amend Chapter 7, "Buildings" City Code to Add Additional Registration, Inspection and Article IX and Enforcement Requirements for Multi-family Properties with Three or More Adding Article X of Units and to Add New Regulations for One- and Two-family Rental Properties, City Code— be withdrawn from consideration. Withdrawn from Consideration Public Hearing It appeared that the City Council set today as the date for a public hearing to G-15907 Revised adopt an ordinance amending Chapter 7 "Buildings" City Code to add Ord. No. 17827-10- additional registration, inspection and enforcement requirements for multi- 2007 family properties with three or more units and add new regulations for one- and Amend Chapter 7, two-family rental properties. Mayor Moncrief opened the public hearing and Article IX and asked if there was anyone present desiring to be heard. Adding Article X of City Code Mr. Carl Smart, Code Compliance Department Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15907 Revised, as follows: There was presented Mayor and Council Communication No. G-15907 Revised from the City Manager recommending that the City Council adopt an ordinance amending Chapter Seven"Buildings", of the Code of the City of Fort Worth, by amending Article IX "Registration and Inspection of Multi-Family Dwelling Complexes" to revise the regulations for the registration and inspection of multi-family dwellings and adding civil enforcement and by adding a new article, Article X "Registration and Inspection of One-Family and Two-Family Dwellings" to require registration of one and two-family rental units. Mr. Smart stated that at the request of Council, a revised ordinance was attached to the Mayor and Council Communication for consideration with Option#2. He stated that this option expands the current program by providing CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 10 of 20 a mandatory registration and periodic inspection for three or more units with a fee of $24.00 for the first unit and an $8.00 fee for each additional unit. He further stated that registration for one and two-family units were voluntary with no fee except for one and two-family units with uncorrected code violations, and that the owners of these types of properties would be required to register, perform annual inspection, and pay fees of $200.00 for the first year and $100.00 for the second year. Council Member Davis stated that the one and two-family may not capture what the City had hoped to capture. She provided clarification that for a multiple unit owner, upon an inspection of one unit whereby there were uncorrected codes, all other units would warrant inspections, and if other properties had violations each unit would be required to register and be charged the $200.00 registration fee. Matthew Wallis, Assistant City Attorney, explained that in response to Council Member Davis's request for clarification, the answer would be "yes". He advised that this would be a standard operating procedure of Code Compliance to look at any other units owned by an individual with uncorrected codes to determine if other units exist with violations and the City would not just receive one fee, but would receive a fee for each unit in violation. Council Member Jordan pointed out that the ordinance as written would be used as a tool to identify culprits that did not comply with the ordinance, and not used to penalize law abiding citizens. The following individuals appeared before Council in support of the ordinance and Option#2: Fred Harper, Mr. Fred Harper 2248 5th Avenue Barbara Dabenport, (Represented the Fairmount Neighborhood Association) Cleveland Harris Ms. Barbara Dabenport 7009 Tumbling Trail Mr. Cleveland Harris 1037 Colvin Street (Represented the Morningside Neighborhood Association) Matthew Hudson Mr. Matthew Hudson, 6436 Curzon Avenue, representing the Fort Worth League of Neighborhoods, appeared before Council in support of the ordinance. He pointed out that the League of Neighborhoods supported Option #1 as the best choice for everyone. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 11 of 20 Various Council Members expressed appreciation to Carl Smart and Brandon Bennett, Code Compliance Department Director and Assistant Director, Assistant City Attorney Matthew Wallis, the Morningside and Fairmount Neighborhood Associations, Ron Shearer from the Diamond Hill NAC, Betty Ward from North Side NA, Burl Hampton from Far Greater Northside Historical N.A. and Colleen Demel from North Fort Worth Alliance. The Council provided a history of this issue and the process in developing the ordinance. It was pointed out that if Option#2 did not attain the desired results, then the Council would look into other alternatives. Assistant City Attorney Wallis advised that a minor technical amendment was required to Section 7-422 (7) of the ordinance to change "proscribed" to "prescribed". Council Member Jordan stated that the word "compromise" was not a fair assessment of what had been done to develop this ordinance. He pointed out that several organizations had come together as a means to enforce violations and to find the culprits who created the problem. He added that the City had enlisted the Fort Worth Realtors Association and Apartment Association to assist the City with finding the worst violators and this would be a tool for improvement, enforcement and would have a greater chance for collection of fines by Municipal Court, which would make this ordinance stronger. There being no one else present desiring to be heard in connection with the public hearing, Council Member Davis made a motion, seconded by Council Member Jordan, that the public hearing be closed, Mayor and Council Communication No. G-15907 Revised be approved and Ordinance No. 17827- 10-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15915 There was presented Mayor and Council Communication No. G-15915 from Ord. No. 17828-10- the City Manager recommending that the City Council adopt an ordinance 2007 suspending implementation of the rate schedule proposed by Atmos Energy Suspend Rate Corporation, Mid-Tex Division, as reflected in the "Statement of Intent to Adjustments Increase Gas Utility Rates" filed by Atmos Energy Corporation, Mid-Tex Proposed by Atmos Division on September 20, 2007, until the later of January 23, 2008, or the Energy Corp., Mid- latest date permitted by law, or until the date of effectiveness of a rate order Tex Division and Retain Consultants adopted by the City Council; establishing rates to be charged by Atmos Energy to Study Propriety Corporation, Mid-Tex Division during the period of suspension; adopting of Proposed Rate declarations and findings in the preamble hereof, and authorize the City Adjustment Manager to cooperate with other cities in the Atmos Cities Steering Committee CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 12 of 20 to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the City regarding reasonable rates, and direct any administrative proceedings or litigation associated with the rate adjustments filed with the City or with the Railroad Commission. Council Member Davis made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15915 be approved and Ordinance No. 17828-10-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15916 There was presented Mayor and Council Communication No. G-15916 from Approve Timetable the City Manager recommending that the City Council approve the annexation and Initiate Zoning table in order to annex approximately 40.4 acres of land, or 0.063 square miles Changes for (more or less), located south of Meadowbrook Drive and west of Dottie Lynn Proposed City Parkway (AX-07-003, R.R. Ramey) for full purposes in compliance with the Initiated Full requirements of Chapter 43 of the Local Government Code of the State of Purposes Annexation Texas; direct staff and prepare a service plan that provides for the extension of (AX-07-003,R.R. full municipal services to the annexation area; and authorize the City Manager Ramey) to initiate certain zoning changes for the annexation area in the Eastside Sector, in accordance with the 2007 Comprehensive Plan. Council Member Silcox made a motion, seconded by Council Member Moss, that Mayor and Council Communication No. G-15916 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15917 There was presented Mayor and Council Communication No. G-15917 from Approve Timetable the City Manager recommending that the City Council approve the annexation and Initiate Zoning timetable in order to annex approximately 27.8 acres of land, or 0.043 square Changes for miles (more or less), located north of Cromwell Marine Creek Drive and east of Proposed City Boat Club Road (AX-07-004, 6900 block of Boat Club Road) for full purposes Initiated Full in compliance with the requirements of Chapter 43 of the Local Government Purposes Annexation Code of the State of Texas; direct staff to prepare a service plan that provides (AX-07-004,6900 for the extension of full municipal services to the annexation area; and Block of Boat Club authorize the City Manager to initiate certain zoning changes for the annexation Road) area in the Far Northwest Sector, in accordance with the 2007 Comprehensive Plan. Council Member Burdette made a motion, seconded by Council Member Silcox, that Mayor and Council Communication No. G-15917 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 13 of 20 G-15918 There was presented Mayor and Council Communication No. G-15918 from Ord. No. 17829-10- the City Manager recommending that the City Council adopt an ordinance 2007 amending Chapter 23, "Offenses and Miscellaneous Provisions" of the Code of Amend Chapter 23, the City of Fort Worth (1986), as amended, by amending Section 23-14, Sections 23-14 and "Posting of Handbills and Signs in Certain Places-Prohibited" to prohibit the 23-15 of the City placing of handbills and signs on private property when a "No Soliciting", "No Code Trespassing", or "No Handbills" sign has been posted on the property or when a property owner, during the time of placement, has orally instructed that no such handbill, poster, sign or advertisement be placed on his/her property; and by amending Section 23-15 "Same — Prima Facie Evidence of Violation" if a handbill, sign, poster or other advertisement is posted on the property when a "No Solicitation", "No Trespassing", or "No Handbills" sign has been posted on the property or when the property owner, during the time of placement, has orally instructed that no handbill, sign, poster or advertisement shall be placed on his/her property. Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15918 be approved and Ordinance No. 17829-10-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. G-15919 There was presented Mayor and Council Communication No. G-15919 from Amend Financial the City Manager recommending that the City Council adopt an amendment to Management Policy the Financial Management Policy Statement for FY 2007-2008 related to Statement for FY Section XIII, the Retirement System section of the policy. 2007-2008 Council Member Jordan stated that he had gone to Austin and told them that the City of Fort Worth did not need to come back. He stated that the City had fixed the Employees' Pension Fund and did it through a series of actions by Council and staff and advised Council that the tax payers should be told that this issue was resolved and that the City had management controls over the Fund. Council Member Jordan made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15919 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. (Mayor Pro tem Hicks left her place at the dais.) CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 14 of 20 G-15920 There was presented Mayor and Council Communication No. G-15920 from Ord. No. 17830-10- the City Manager recommending that the City Council consider and adopt the 2007 findings and opinions of the City staff as presented herein; find that the public Grant Privilege of necessity and convenience requires the operation of two horse drawn carriages Operating upon the City streets, alleys and thoroughfares; and adopting an ordinance Authority to Christian Carriage granting the privilege of operating authority to Christian Carriage Company y Company Authority Authority, for the use of the streets, alleys and public thoroughfares of the City for Use of City in the conduct of its limousine business which shall consist of the operation of Streets,Alleys and two (2) horse drawn carriages for a three (3) year period beginning on the Public effective date; specifying the terms and conditions of the grant; providing a Thoroughfares severability clause; making this ordinance cumulative of all ordinances; providing for a penalty; providing for written acceptance by Christian Carriage Company Authority complying with all requirements of Article VI, Chapter 34, of the Code of the City of Fort Worth(1986), as amended. Council Member Espino made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. G-15920 be approved and Ordinance No. 17830-10-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. G-15921 There was presented Mayor and Council Communication No. G-15921 from Ord. No. 17831-10- the City Manager recommending that the City Council adopt an ordinance 2007 amending Chapter 6 "Animals and Fowl", Article III, Section 6, Division 2 Amend Chapter 6, "Dangerous Dogs" of the Code of the City of Fort Worth, to provide additional Article III, Section requirements and regulations for dangerous dogs, matching the current State 6, Division 2 of City definition of a dangerous dog, changing impoundment procedures, adding Code requirement for owners of dangerous dogs and providing for on-going oversight of owner compliance. Council Member Silcox made a motion, seconded by Council Member Espino, that Mayor and Council Communication No. G-15921 be approved and Ordinance No. 17831-10-2007 be adopted. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. G-15922 There was presented Mayor and Council Communication No. G-15922 from Adopt FY 2007-2008 the City Manager recommending that the City Council authorize the City Schedule of Rates Manager to adopt the proposed Fiscal Year 2007-2008 Schedule of Rates and and Charges for Charges for City of Fort Worth Airports. Fort Worth Airports CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 15 of 20 Council Member Silcox made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. G-15922 be approved. The motion carried unanimously eight (8) ayes to zero (0) nays, with Mayor Pro tem Hicks absent. Public Hearing It appeared that the City Council set today as the public hearing to consider a G-15923 waiver for a high impact gas well permit requested by XTO Energy, Inc., to Waive High Impact allow the drilling of the Assembly of God gas wells on Pad-A of the Assembly Gas Well Permit to of God Lease located northeast of the intersection of Crowley Road and Allow Drilling of Sycamore School Road. Mayor Moncrief opened the public hearing and asked Assembly of God Gas Wells on d-A if there was anyone present desiring to be heard. Pa of Assembly of God Lease Ms. Susan Alanis, Planning and Development Department Deputy Director, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15923, as follows: There was presented Mayor and Council Communication No. G-15923 from the City Manager recommending that the City Council consider a waiver for a high impact gas well permit requested by XTO Energy, Inc., to allow the drilling of the Assembly of God gas wells on Pad-A of the Assembly of God Lease located northeast of the intersection of Crowley Road and Sycamore School Road. Walter Dueease Mr. Walter Dueease, 810 Houston Street, representing XTO Energy, Inc., appeared before Council in support of this issue and upon the request of Council Member Jordan. He responded to Council Member Jordan's inquiry relative to discussions with landowners regarding XTO's operation and access into the pad site. He informed Council that the primary access would take place on the southern part of the church property. He stated that it would run from Crowley Road through the entire length of the parking lot to the east. He further stated that XTO had agreed to put in an additional drive on the north side of the church property that would help facilitate a circular flow of the traffic onto the church property. He also stated that XTO had agreed to pave the access from the east side of the parking lot. (Mayor Pro tem Hicks returned to her place at the dais.) Council Member Jordan stated that XTO Energy, Inc., had an agreement with the Church that the egress and ingress would be on the north side of the church for the school and daycare center, which was in writing. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 16 of 20 Mr. Dueease responded that Council Member Jordan's statement was correct and advised it was an exhibit to the agreement that XTO had with the Assembly of God. There being no one else 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 and Mayor and Council Communication No. G-15923 be approved. The motion carried seven (7) ayes to two (2) nays, with Mayor Pro tem Hicks and Council Member Silcox casting the dissenting votes. Public Hearing It appeared that that the City Council set today as the date for a public hearing G-15924 to adopt an ordinance designating Block 1, Lot 3A1, Block 1, Lot 3AIA, Block Ord. No. 17832-10- 1, Lot 3A4C, Block 1, Lot 3A2 and Lot 1, Block 3A4R1 of the River Plaza 2007 Complex Addition in the vicinity of University Drive and River Run as Tax Designate Tax Abatement Reinvestment Zone No. 64, City of Fort Worth, Texas, and adopt Abatement related project plan. Mayor Moncrief opened the public hearing and asked if Reinvestment Zone No. 64 and Adopt there was anyone present desiring to be heard. Related Project Plan Ms. Shallah Hatch, Economic Development Specialist, Economic and Community Development Department, appeared before Council, gave a staff report and called attention to Mayor and Council Communication No. G-15924, as follows: There was presented Mayor and Council Communication No. G-15924 from the City Manager recommending that the City Council hold a public hearing concerning the designation of Block 1, Lot 3A1, Block 1, Lot 3AIA, Block 1, Lot 3A4C, Block 1, Lot 3A2 and Lot 1, Block 3A4R1 of the River Plaza Complex Addition in the vicinity of University Drive and River Run as Tax Abatement Reinvestment Zone No. 64, City of Fort Worth, Texas; make findings and adopt an ordinance designating a certain area in the City of Fort Worth as "Tax Abatement Reinvestment Zone Number Sixty-Four, City of Fort Worth, Texas"; adopting a project plan for the Zone; 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 and in accordance with Chapter 312 of the Texas Tax Code; and adopt the redevelopment plan attached to the ordinance as the project plan for the Zone. 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 Jordan, that the public hearing be closed, Mayor and Council Communication CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 17 of 20 No. G-15924 be approved and Ordinance No. 17832-10-2007 be adopted. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. L-14405 It was the consensus of the City Council that Mayor and Council Sale of City Fee Communication No. L-14405, Authorize the Sale of the City Fee Owned Owned Surplus Surplus Property Located in the B.B.B. and C.R.R. Co., Survey, Abstract No. Property and 219 also known as 0 Old Weatherford Road, Fort Worth, Tarrant County, Texas Accept Permanent to Covenant Classical School, a Texas Non-Profit Corporation, in Accordance Right-of-Way with Section 272.001 of the Texas Local Government Code, Accept One Easem Easement— Easem awn from Permanent Right-of-Way Easement for the Future Extensions of Academy Consideration Boulevard and Amber Ridge Drive (DOE 5475) and Acceptance and Recording of the Appropriate Instruments, be withdrawn from consideration. PZ-2755 There was presented Mayor and Council Communication No. PZ-2755 from the Ord. No. 17833-10- City Manager recommending that the City Council adopt an ordinance vacating 2007 and extinguishing a portion of East Central Avenue between Grove Street and Street Right-of-Way the Fort Worth and Dallas Railroad Company right-of-way tract (known as the Vacations Fort Worth & Western Railroad), consisting of 0.46 acres of land and situated (VA-06-013) in the north Fort Worth Addition, an addition to the City of Fort Worth, Tarrant County, Texas; and a portion of Northeast 21st Street between Grove Street and the Fort Worth and Dallas Railroad Company right-of-way tract, consisting of 0.40 acres of land and situated in the M.G. Ellis Addition, an addition to the City of Fort Worth, Tarrant County, Texas; and waive any and all purchase fee value of the vacated land in accordance with City policy (M&C G-15624). Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. PZ-2755 be approved and Ordinance No. 17833-10-2007 be adopted. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22435 There was presented Mayor and Council Communication No. C-22435 from the Amend Contract City Manager recommending that the City Council authorize the City Manager with JPMorgan to extend the contract with JPMorgan Chase for banking services; and Chase authorizing this agreement to begin October 15, 2007, and expire March 31, 2008. Mayor Pro tem Hicks, Council Members Jordan and Davis disclosed that they had banking relationships with JP Morgan Chase but had been advised that there was no conflict and that they could vote on this item. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 18 of 20 Council Member Silcox made a motion, seconded by Council Member Burdette, that Mayor and Council Communication No. C-22435 be approved. The motion carried unanimously nine (9) ayes to zero (0) nays. C-22443 There was presented Mayor and Council Communication No. C-22443 from the Consent to City Manager recommending that the City Council consent to the assignment Assignment of CSC by River View at Ridglea, L.P., of its rights, duties and obligations under its No. 30080 by River Tax Abatement Agreement (City Secretary Contract No. 30080, as amended View at Ridglea, and restated) to SCI Ridglea Fund, LLC; SCI Ridglea Fund 1, LLC; SCI L.P.,to Various SCI Ridglea Fund 2, LLC; SCI Ridglea Fund 3, LLC; SCI Ridglea Fund 4, LLC; Ridglea Fund, LLCs SCI Ridglea Fund 5, LLC; SCI Ridglea Fund 6, LLC; SCI Ridglea Fund 7, LLC; SCI Ridglea Fund 8, LLC; SCI Ridglea Fund 9, LLC; SCI Ridglea Fund 10, LLC; SCI Ridglea Fund 11, LLC; SCI Ridglea Fund 12, LLC; SCI Ridglea Fund 13, LLC; SCI Ridglea Fund 14, LLC; SCI Ridglea Fund 15, LLC, SCI Ridglea Fund 16, LLC; SCI Ridglea Fund 17, LLC; SCI Ridglea Fund 18, LLC; SCI Ridglea Fund 19, LLC; SCI Ridglea Fund 20, LLC; SCI Ridglea Fund 21, LLC; and SCI Ridglea Fund 22, LLC, as tenants-in-common; and authorize the City Manager to execute a Consent to Assignment Agreement with the parties identified above. Council Member Burdette requested that staff explain this Tax Abatement Agreement. He asked if these were merely different names, but still the same entity or were these separate pieces of property within the development, and if one of the assignees violated a provision of the Tax Abatement Agreement, would that void the tax abatement for all assignees. Assistant City Attorney Peter Vaky stated that the agreement was being assigned to 22 real estate investment trusts (REITs). He further stated that the assignees were tenants-in-common, and would jointly own and operate the improvements on the property subject to abatement, which have already been completed and constructed. He further stated that since the improvements have already been constructed, the only default that could occur would be that if the commitment in Year 6 through 10 of the abatement were not met. He stated that the Tax Abatement Agreement was structured so that annual commitments were either met or not met and that it was not possible for one assignee to cause another assignee to be in breach of the Agreement. Council Member Burdette made a motion, seconded by Council Member Jordan, that Mayor and Council Communication No. C-22443 be approved. The motion carried eight (8) ayes to one (1) nay, with Council Member Silcox casting the dissenting vote. CITY OF FORT WORTH, TEXAS REGULAR CITY COUNCIL MEETING OCTOBER 9, 2007 PAGE 19 of 20 C-22444 There was presented Mayor and Council Communication No. C-22444 from the Community-Based City Manager recommending that the City Council authorize the City Manager Organizations to execute contracts with the following nine community-based organizations to conduct programs in support of the Crime Control and Prevention District goals: 1. The Women's Center of Tarrant County — Sexual Abuse Education (Adults and Children) - $19,386.00 2. Artes de la Rosa— Teatro de la Rosa Outreach- $18,700.00 3. Fort Worth County Day School— Summerbridge Program - $24,000.00 4. Camp Fire USA First Texas Council — Diamond Hill Station - $12,152.50 5. UMOJA—Behavior Modification Program - $14,400.00 6. Alliance for Children — Child Abuse Prevention through Prosecution - $47,656.25 7. A-Prep Center of Tarrant County — A-Prep Youth Initiative Program - $15,589.00 8. HIKIDS —Helping Inner City Kids in Danger - $14,700.00 9. The Cultural Center of the Americas — ART As the Bridge to Changes in Youth- $33,416.25 City Attorney Yett advised Council that Item 3 under the Recommendation should be corrected to reflect "Country Day School" instead of"County Day School". Mayor Pro tem Hicks made a motion, seconded by Council Member Davis, that Mayor and Council Communication No. C-22444 be approved as amended. The motion carried unanimously nine (9) ayes to zero (0) nays. AGENDA ITEM XVA—ZONING HEARINGS: CASES RECOMMENDED FOR APPROVAL ZC-07-155 It appeared that the City Council, at its meeting of October 2, 2007, continued Continued One the hearing of the application of Crockett Realty, L.P., for a change in zoning of Week property located at 303 and 307 Crump Street from "J" Medium Industrial and 'THSE" Medium Industrial/Highly Significant Endangered to "H" Central Business and "H/HSE" Central Business/Highly Significant Endangered, Zoning Docket No. ZC-07-155. 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 OCTOBER 9,2007 PAGE 20 of 20 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, seconded by Mayor Pro tem Hicks, that the hearing be continued for one week. The motion carried unanimously nine (9) ayes to zero (0)nays. Agenda Item XVI There were no citizens to address Council. Citizen Presentations Agenda Item XVIII There being no further business, the meeting was adjourned at 8:14 p.m. Adjournment These minutes approved by the Fort Worth City Council on the 16'h day of October, 2007. Attest: Approved: a Marry Hendrix Michael . oncri City Secretary Mayor